[forgery]

R. v. Hawkins

Supreme Court of Van Diemen’s Land

Pedder C.J., 5 October 1839

Source: Cornwall Chronicle, 5 October 1839[1]

            John Hawkins, laborer, charged with passing a forged promissory note of £5 on the 27th July, to Robert Brand, knowing the same to be counterfeited.

            James Wood. - Recognized the forged note now produced, as having received it from Mr. Rudge; I paid it to a little boy in the house of Mr. Collins; I cannot swear to the note.

            James Roberts. - I recollect receiving a note of the last witness, and took it over to Mr. Hunter to get it changed; I gave it to Mrs. Hunter.

Mrs. Hunter. - I received a note from last witness, and put it into our cash box; there was no other note in the box; I put it in the box on the Saturday evening; the box was locked and the key of it was kept in the bed room during Sunday; on the Monday Mr. Hunter took it out; I swear the note now produced is the same note.

Wm. Hunter. - I took the note now produced out of my cash box on Monday the 29th July, and paid it into the Commercial Bank; I paid it into the hands of Mr. Sherwin, the Cashier; I know the note by its number and date; I pasted the paper on the back of it; I afterwards saw it handed to Mr. Rudge and pronounced to be a forgery by Mr. Sherwin.

John Rudge. - I recollect being at Samuel Storey’s house on Saturday, the 27th July; I saw Storey give a little girl change for a £5 note, and received it from him in part payment of a bill. I believe the note now produced to be the same I received from Storey; about one hour afterwards I paid it away to John Wood; Mr. Sherwin afterwards returned this note to me, and I returned it to Samuel Storey; I am quite positive the note I received from Mr. Sherwin is the same I returned to Samuel Storey.

Samuel Storey. - I recollect giving a £5 note to Mr. Rudge; I received it from Mr. Brand’s little girl, and gave her the full change for it; the note now shewn to me is the same I received from Mr. Brand’s little girl.

Sarah Jarman. - I recollect taking a note to Samuel Storey for change; I received it from Mr. Robert Brand, and immediately took it to Mr. Storey; I first asked Mr. Wright if he could change the note; he took it out of my hand and went into another room and returned and said he could not change it.

John Wright. - I recollect the last witness calling at my shop and asking me if I could change a £5 note; I told her I could not; I do not recollect whether I took the note out of the girl’s hand or not.

Josuha Taylor. - Am a police man; I apprehended the prisoner; I asked him if he had changed a note at Mr. Brand’s, he said he had not.

Robert Brand. - I recollect on the 27th July the prisoner called at my house and asked me to change a £5 note; I said I had it not, and gave the note to a little girl to go and get change for it; she returned with change, and I gave it to him; the note now produced is like the same I received from the prisoner.

James McKillop. - I know the hand-writing of Charles McLachlan, the Managing Director of the Bank of Van Diemen’s Land; the signature on this note now shewn to me is not the hand-writing of Mr. McLachlan.

Charles James Weedon. - I am in the house of Messrs. Connolly & Co.; I know Mr. Thomas Hewitt’s hand-writing; the name on the note now shewn to me is not the hand-writing of Mr. Thomas Hewitt; this note purports to be a promissory note of the Bank of Van Diemen’s Land.

Prisoner in his defence said he received the note from the steward of the William Wine, about six weeks before he changed it, in payment for an opossum skin rug.

The evidence in this case was not conclusive as to the note being a forgery; no proof was offered of the note having been presented at the Bank for payment; and the best evidence was not forthcoming, as to the signature of the Directors of the Bank, Messrs. McLachlan and Thomas Hewitt, which gentlemen, His Honor stated should have been in attendance.

The Jury acquitted the prisoner.