Page:The Trial, at Large, of William Booth and his Associates.pdf/26

 objection was, that the mere forging notes was not an offence, because a man for curiosity merely might make an imitation of a bank note, and lock it up, without, ever intending to make use of it, but it must be coupled with an intent to defraud to make it an offence, and in this case it must be shewn that the indictment was laid in the words of the Act, which says, with intent to defraud the Governor and Company of the Bank of England—now the indictment only says Company of the Bank of England, and does not mention the Governor.

Mr. referred Mr. Clifford to the indictment, and Mr. Clifford having seen that the Governor was not omitted there, said, "Well then, that objection must fail, and I must rely on my first."

Sir S. said, "Mr. Clifford, though there may be the difference between the two clauses of the Act which you state, yet if this is a promissory note as well as a bank note, and if it is shewn to be a promissory note, that brings it within the first clause of the Act; if it is shewn to be a bank note, that brings it within the second clause."

Mr. —"Might not a man make, without an intent to defraud; there is no proof here of the uttering with that intent."

—The Jury will decide upon the intention of the prisoner, from the facts proved."

No witnesses were called on behalf of the prisoner, nor did he say any thing in his defence.

His then summed up the evidence, and observed, the question for the Jury to decide was, if the prisoner did or did not forge the note in question—that is, whether or not it was forged under his direction or with his knowledge: that it was a forged note, after the evidence they had heard, there could be no doubt. It was not necessary to support the charge of forgery that the person charged should be the hand who did it; it is sufficient if done under his direction or by his order, or if he appears the leading or master hand in the act: against the prisoner, it had been proved in whose house it was that these transactions were carried on—the situation and description of that house—the manner in which the prisoner acted—the directions he had given—his operation on the notes with the small stamp, while his wife and Chidlow were at work in another part of the same room; and