by the counsel, that he never came after that night her death was, to give her mother any account where he left her, or in any wise to give her satisfaction; to this he answered, It might be strange for me to come and visit a woman that. I never had the least knowledge of: And yet he had several times lodged at her house when her husband was living. And that night also, that he was examined by the corouer's inquest, when they asked him, if he discerned her daughter to be melancholy? He said, No; only he thought she was not so free in discourse at dinner as sometimes he had seen her; for most of the discourse then was between her mother and him. Surely he will be hard put to it to reconcile himself in this discourse. And it is very remarkable, what great dissimulation he manifested at that time; for in his discourse, he taking occasion to speak of the people called Quakers, he expressed so great love for them, and for their principles, that if ever he changed his religion, he said, it should be for theirs: Notwithstanding he derided them so much at his trial, about their being by education intitled to the light within. Thus, in short, upon the whole matter, it may be concluded, that the defence he had made for himself and his three gentlemen, and the most material things he made use of, whereby they got off, and were acquitted, were proved false out of his own mouth before he went out of the court; as it may be seen in the trial, where the counsellor for the king says thus: My lord, we insist upon it, that this is a different evidence from what Mr. Cowper gave to the coroner's inquest; for 'then he said, he knew none she was in love with, nor any cause why she should do such an extravagant action as to drown herself. But now he would make the whole scheme of things turn upon a love fit.' And then he moved the court to give leave to call several persons of quality and good repute, who were there present, to speak to her reputation, in contradiction to the letters produced; declaring, that he believed the whole town would do the same. Then the judge said, they would grant that; and did not question it. So there was none permitted to say any thing to that purpose. 406. The Trial of MARY BUTLER alias STRICKLAND, at the Old Bailey, for Forging a Bond of 40,000/. in the Name of Robert Clayton:* 11 WILLIAM III. A. d. 1699. October 12, 1699. Cl. of Arr. BRING Mary Butler to the bar. Accordingly she was brought.] ་ 'Mary Butler alias Strickland, you stand indicted by the name of Mary Butler alias Strickland, late of London, widow; for that' 'you endeavouring, and maliciously intending, to deceive and oppress sir Robert Clayton, • knight and alderman of London, the 1st day ♦ of December, in the 7th year of his now majesty's reign, at London aforesaid, in the parish of St. Mary Woolnoth, in the ward of Langborne, a certain false writing, sealed in form of a bond, bearing date the 14th day of April, 1687, in the name of the said sir Robert Clayton, for the payment of the penal 'sum of 40,000l., to be made by the said sir Robert Clayton to you Mary Butler alias Strickland, with condition there under written; concerning, among other things, the 'payment of 20,000l., to be made to you Mary Butler alias Strickland, after the death of the 'said sir Robert Clayton, by his heirs, executors, and administrators; falsely, knowingly, unlawfully, and subtilly did make, 'counterfeit and write, and cause to be made, counterfeited and written: And further, that you, Mary Butler alias Strickland, af · For the law of Forgery, see East's Pleas of the Crown, c. 19. VOL. XIII. 6 terwards, viz. the 1st day of December, in the 7th year aforesaid, at London aforesaid, in the parish and ward aforesaid, a cer'tain false and forged writing, sealed in form of a bond, in the name of the said sir Robert 'Clayton, for the payment of the penal sum of 40,000l. by the said sir Robert Clayton, to you Mary Butler alias Strickland, with condition under written, concerning, among other things, the payment of 20,000l., to be made to you Mary Butler alias Strickland, after the 'death of the said sir Robert Clayton, by his 'heirs, executors or administrators, as a true bond of the said sir Robert Clayton, as if really made by him; falsely, subtilly, and deceitfully, did publish, you Mary Butler alias Strickland well knowing the said writing to be false, forged and counterfeited, and not the deed of the said sir Robert Clayton, to the great damage of the said sir Robert Clayton, 'to the evil example of all others in the like case offending, against the peace of our sovereign lord the king, his crown and dignity.' Cl. of Arr. How sayest thou, Mary Butler alias Strickland, art thou guilty of this forgery whereof thou standest indicted, or not guilty? Prisoner. Not guilty. Cl. of Arr. Prisoner, look to your challenges. Cryer, swear the jury, which follow: William Clark, William Christopher, Thomas Wharton, George Kimble, James Church, John Whistler, George Ludlam, Richard. 4 L Kemble, John Clarke, Stephen Broughton, Joseph Sheppard, Thomas Wickham. Clerk of Arr. You of the jury that are sworn, look upon the prisoner, and hearken to her cause. She stands indicted, &c. had no claim or demand against him upon any account whatsoever. While this was in agitation, the prisoner came to Mr. Woodward, an attorney of this city, and brought him a writing, purporting a bond, with the name, Robert Clayton, subscribed to it, sealed and attested by four witnesses, as the bond of sir Robert Clay Mr. Montagu. May it please your lordship, and you gentlemen of the jury, this indictment does charge the prisoner at the bar, Mary Button; and told Mr. Woodward, "That bond was ler, alias Strickland, with a fraud and intended cheat. It sets forth, that the prisoner at the bar, intending to cheat sir Robert Clayton, did counterfeit a certain writing, purporting to be the bond of sir Robert Clayton, for payment of 20,000/., and that it was to be paid to the said Mary Butler, alias Strickland, after the death of the said sir Robert Clayton. Likewise, that she did publish this writing as sir Robert Clayton's deed. To this indictment she has pleaded not guilty. If we prove the fact, I do not question but you will find her guilty, that she may have her due punishment. Serj. Wright. My lord, I am counsel for the king in this cause. You hear what sort of crime it is that is charged on the prisoner. It is for forging a bond of no less penalty than 40,000l., for the payment of 20,000l. This is made in the name of sir Robert Clayton, and the 20,000l. were to be paid a little after his own death, by his executors or administrators: and that in the mean time 1,2007. a year were to be paid for the interest of this sum. But, my lord, the prisoner did not rest here, (a second contrivance will be opened to you.) That which she is now charged with, is the forging of a bond of the penalty of 40,000l. My lord, the prisoner for some years had a great intimacy with a great peer, the late duke of Buckingham. And she either had, or pretended to have, a bond from him for 5,000l., payable to herself after his death, and an annual interest in the mean time, till the principal was paid. Sir Robert Clayton being a trustee of the duke's estate for the payment of his debts, the prisoner came frequently to sir Robert Clayton, to solicit his favour and interest for the payment of this debt. Ou this account she insinuated herself into his company and into his family. Sometimes she pretended to be a great penitent, and that she was sorry for the conversation she had with the duke; that her own relations were papists, and if she should go to them, they would send her into a nunnery. All which was but counterfeit, and in order to win upon sir Robert Clayton; and he finding she was an ill woman, notwithstanding all her pretences, he at last, about twelve years ago, forbid her his house; and since that she never was there. About the year 1695, sir Robert Clayton had some private intimation given him, that the prisoner had a great demand on him, no less than 20,000l. Upon this sir Robert Clayton took the best course he could to find it out, and exhibited a bill in Chancery against her, and some of her accomplices, to discover whether they had any pretences upon him or his estate. To this bill the prisoner put in an answer, that she given to her by sir Robert Clayton, upon some good considerations; but it baving taken air, some uneasiness had risen about it in sir Robert Clayton's family; and (as she pretended) upon this account he had exhibited a bill in equity against her, therefore this bond must be delivered up; and sir Robert had promised to give her a new bond for 20,000l., and that all the money in arrears for interest, was to be turned to principal, and put into the new bond: But this was to be done very privately, so as not to be known by any of sir Robert Clayton's family; and therefore none of his servants were to be privy to it." Thereupon she gives to Mr. Woodward the bond, desiring him to make a new bond by it, and to turn all the interest that was due into principal. Upon this, Mr. Woodward made her a bond of the penalty of 54,000l., conditioned for payment of 27,000l. after sir Robert Clayton's death, and interest in the mean time. This bond she took away with her, and likewise the first bond; but what she did with them since, we are not privy to. And a great charge she laid upon Mr. Woodward, to carry it with all possible privacy, that no notice might be taken by sir Robert's family. Some few months ago there was another intimation sent to sir R. Clayton, that this gentlewoman pretended to have a great claim upon him of a great sum of money that was to be paid her, either at present, or after his death; and that Mr. Woodward made the bond, and he could give an account of it. Upon this sir Robert Clayton sent to Mr. Woodward, who like a very honest man, told the whole business, in what manner it was the prisoner came to him, and how he came to make the bond; and that he was desired to be silent in it, sir Robert Clayton having desired this bond should be made out of his own house, that none of his family might take notice of it. Sir R. Clayton having this notice, and finding from Mr. Woodward, the pri soner had taken this course to carry on this design to charge his estate, he got a warrant from the lord chief justice to have her before him, to be examined before his lordship: Where being brought, she, upon her examination, has confessed the whole matter, her having the first bond, and where it was made. What is become of the latter bond, we cannot get out of her, nor whether she ever affixed the name of sir R. Clayton to that. But we will produce credible witnesses to prove her guilty of forging the first bond for the payment of twenty thousand pounds; and that it had the name and seal of sir R. Clayton affixed to it; and that she affirmed it to be a good bond, well executed by sir R. Clayton, or any pretence that she had upon sir Robert Clayton. Serj. Wright. She told you this herself? Woodward. Yes; and when she gave me the bond, she told me it was sir Robert Clayton's bond, or to that purpose. But there beIting about nine or ten years arrears of interest, she desired me to cast up the interest that was in arrear, and that it might be put to the prin cipal in the new bond, saying, that sir Robert would give her a bond for the whole together. Serj. Wright. Was the whole interest pretended to be in arrear? and that there was interest due upon it from sir | R. Clayton and that the interest was in the second bond to be turned into principal. We will call witnesses to prove this, and then I hope she shall have such punishment as she deserves. Mr. Northey. My lord, what the nature of our evidence will be, I shall inform you. cannot be expected from us to produce the bond, for that she carried away from Mr. Woodward; so that we cannot give the writing itself in evidence; but, if she insist on it, we hope she will produce the bond. We have the copy (taken by Mr. Woodward) of the first bond which he had from her, that he might draw the second bond by it. But we can prove from that, which agrees with our record, that she affirmed, that the first bond that she produced was sir R. Clayton's: That that bond which she produced, of which this is the copy, she affirmed to be sir R. Clayton's deed. We shall do that, and afterwards prove her publishing it; for our indictment is against her for forging a bond, and publishing that forged bond, knowing it to be such, and close all with her own confession. And, my lord, there is this to shew there could be nothing in the bond; that from the time she pretended to have this bond, when she was to have twelve hundred pounds a year, she remained a prisoner all that time, and got herself out by swearing she was not worth five pounds in all the world. Call Mr. Woodward. (Who appeared and was sworn.) Serj. Wright. Mr. Woodward, you hear what the charge is; pray give an account of what you know in reference to it. Woodward. My lord, Mrs. Butler has been my client maay years. About two or three years ago, more or less, Mrs. Butler came to me, and brought me a bond; she gave it me to peruse, and told me another must be drawn by it. When I had perused the bond, I found it was signed Robert Clayton, and four witnesses names set to the bond. It was a bond of the penalty, as I remember, of forty thousand pounds, and I think it was in the year 1687, for to pay, I think, twelve hundred pounds a year, by four quarterly payments yearly, during sir Robert Clayton's life, and 20,000l. within six months after his death. There were some other things in that bond, which will appear by the copy, which indeed I did take; for Mrs. Butler desired it might be a secret, being of a very great concern. And I asked her why such a bond should be given; I thought it must be great generosity, and not for money lent. But she told me the 40,000, bond was to be delivered up to sir Robert. I asked her, why, since she had it, she did not keep it? She said, that he would give her another bond. She told me it had taken air, and my lady Clayton had some dis. quiet about it; and for my lady's satisfaction, bill in Chancery was exhibited against her, to which she was to put in her answer, and thereby disclaim any sort of bond, or interest, Woodward. I cannot say, all the interest. Serj. Wright. How did you compute it, from the date of the bond, or from what she told you? Woodward. She said she had received some money, and I computed the rest rather under than over, and so made the interest to come to 7,000l. (the interest payable by the bond being 1,200l. a year). Whereupon she desired I would draw a hond for it myself; and accordingly she left the first bond with me. I took some time, and drew it; and made the penalty thereof 54,000l. conditioned for the payment of 27,000l. And it was to be made in the same nature as the former was, in respect of the principal, and in the mean time to continue the payment of the interest yearly, by proportionable quarterly payments. Mr. Montagu. What discourse had you with her about it? Woodward. I did draw a bond, and did take notice, That whereas sir R. Clayton had given her this bond of 40,000l. and at his request she had delivered it up to him; and upon an account stated, there did remain 7,000l. in arrears for interest, which in all amounted to 27,000/, or thereabouts; when I gave it her, I said, it was a very great sum, it concerns you to have witnesses of credit, for nobody will believe sir Robert Clayton did give you this bond, especially after his death, unless it be very well attested, I told her, if she pleased, I would go and be a witness for her to see it executed. So she went away. And when she came to me again, she told me, that sir Robert knew me very well, but did not think fit to have me for a witness. I answered, I do not care; but it being a very great sum, take care it be well executed. 1 gave her both the bonds, and from that time heard no more of it till about two months since. Mr. Northey. Was there any body came to discourse with you of making a new bond, be, sides herself? Woodward. Not that I know of, I do not re member any. It was an extraordinary sum, I did take a copy of the bond. Mr. Northey. Have you it here? Mr. Northey. He swears he took a copy of it, and delivered it to the prisoner again. We desire it may be read. Mr. Mallet. Is it a true copy? Woodward. I cannot say I examined it. Woodward. I did. Mr. Northey. Do you believe it is a true copy? Woodward. I believe it is. The reason why 1 did not examine it, was because it was to be a secret. Mr. Mallet. Do you look upon yourself to be infallible? Serj. Wright. Had you any direction from the prisoner to take a copy ? Woodward. I cannot say that. L. C. J. Holt. Why did you write it out; for your direction to draw the new bond? Woodward. I did write it out, because it is a special condition, more than is usual in bonds: for it is expressed, that there should be no prosecution against her by sir Robert Clayton, or his executors, either at law or in equity, for the 20,000l. or the interest, or to do any act to obstruct her in receiving the same. L. C. J. Holt. When did you take a copy of it ? Woodward. At the same time, and before I returned it. L. C. J. Holt. Did you make the new bond by this copy, or by the former bond? Woodward. Very likely I might use both. Serj. Wright. Is the copy your own handwriting?-Woodward. Yes. Mr. Montagu. What did you take it from? Mr. Wright. And do you take that to be a true copy? Woodward. I believe it is a true copy. Mr. Mallet. And did you examine it afterward? Woodward. No, I did not examine it; it was not to be taken notice of. Mr. Hall. Can you say you read it carefully over at that time? Mr. Cutts. It may not be the very same bond, if he did not examine it by the original, signed by sir Robert Clayton. Mr. Northey. They may shew the bond. Mr. Mallet. Did the prisoner bring the bond to you, of which this is the copy, and tell you, this was her bond? Mr. Northey. We will prove it by her own confession. Mr. Mallet. If it be not the same bond, she cannot be convicted. Mr. Northey. No doubt of it, libris bone et legalis monet' Anglie, solvend' eidem Mary Butler alias Strickland, aut suo certo Attornat' Executor' vel Administrator' suis, ad quam quidem solutionem bene et fideliter faciendam obligo me, hæredes, Executores et Administratores meos, firmiter per presentes Sigillat' dat' decimo quarto Die Aprilis, Anno Regni Domini nostri Jacobi Secundi, Dei gratia Anglie, &c. Regis, tertio, Annoq; Domini 1687. "The condition of this obligation is such, that if the above bounden sir Robert Clayton, or his assigns do, and shall well and truly pay, or cause to be paid unto the above-named Mary Butler alias Strickland, her executors, administrators, or assigns, or any of them, yearly and every year, during the term of his natural life, the full and just sum of 1,200/. of lawful money of England, by four equal quarterly payments, being the just and legal interest, to grow due of and for the principal sum of 20,000l. hereinafter-mentioned, in manner and form following; that is to say, 3007. on the 14th of July next ensuing the date of these presents; 300l. on the 14th of October next coming; 3001. on the 14th of January, which shall be in the year of our Lord 1688, and 300l. on the 14th of April following; and so on every the said. 14th day of the said months in every year, one next, and consequently coming after another, the like sum of 3007. during the time and term of the natural life of the said sir Robert Clay ton and also, if the heirs, executors, and administrators of the said sir Robert Clayton do, and shall, on or before the end and expiration of six months next after the death or decease of him the said sir Robert Clayton, not only well and truly pay, or cause to be paid, unto the said Mary Butler alias Strickland, her executors, administrators, or assigns, the full and just sum of 20,000/. of lawful money of England, above expressed; but also all such interest thereof, after the rate aforesaid, as shall be in arrear and unpaid at the death of the aforesaid sir Robert Clayton, and also all such as shall grow due to be paid for the same, for so long time of the said six months as the said sum of 20,000l. shall be unsatisfied and unpaid after the death or decease of the said sir Robert Clayton, without coven, fraud, or deceit; nor shall not commence any suit, either in law or equity, against the said Mary Butler alias Strickland, her heirs, executors, or administrators, for, concerning, or in respect of the said 20,000l. and interest, or any part thereof; and shall not do any act or thing to obstruct, molest, or hinder her, them, or any of them, from receiving, having, or enjoying the same; then Serj. Wright. Produce the copy; and, if this obligation to be void, and of none effect, or your lordship please, it may be read. L. C. J. Holt. Let it be read. "Noverint Universi per presentes me Robertum Clayton, Militem et Decurionem, Anglice Kt. et Alderman de London, teneri et firmiter obligari Mary Butler alias Strickland, de South-street in Parochia de Edmonton, in Comitatu Middlesex, vidue, Quadraginta mille else to remain in full force. ROBERT CLAYTON." JOHN HEBDEN, Serj. Wright. Did the prisoner bring you the bond, of which this is a copy, as a true bond?-Woodward. Yes, my lord. Serj. Wright. I ask you this, Had you a charge from her to keep this matter secret? Woodward. Yes; and that I would write the bond with my own hand. Serj. Wright. She giving you this charge, how came this matter to be known then? Woodward. Mr. Nicholas Baker came to me from sir Robert Clayton, and asked me, if I did not know the prisoner, and particularly about a bond; and whether I did not make one for her. It was not in my memory at first, till further discourse occasioned me to remember it; and I told him, that I did do some business for her. He told me sir Robert Clayton had some information given him, that there was such a bond drawn by me: then I told him, I did remember there was such a bond brought to me, and that I had made a bond for Mrs. Butler, and had taken a copy of the first bond, which I had by me; and also of the second bond, in which I had left out a material word in the obligation, and was fain to write it over again, and had the first draught by me till about a month before that time, when meeting with it among my papers, I threw it into the fire in my closet; but this copy did remain by me. Mr. Hall. You say this copy is all your own hand-writing?-Woodward. Yes, it is. Mr. Hall. Was it sealed or cancelled? Woodward. No; it was sealed, I am very positive. Mr. Hall. Are you positive the seal was on it at that time?-Woodward. Yes, Sir. Mr. Mallet. Did she tell you that bond was to be cancelled? Woodward. She told me, she was to deliver up that bond to sir Robert Clayton; and that he would give her another instead of it. Mr. Mallet. Was the bond then delivered up, or no? Woodward. I cannot say she did. Mr. Cutts. Did you never hear any bill in Chancery? to what end was this bond delivered to yon? For what reason? Woodward. I asked her why the bond was to be delivered up, and she told me, there was some uneasiness in the family, and my lady Clayton had got the air of it; and therefore, to satisfy her, there was a bill preferred against her in Chancery, and she was to put in her answer; and that he would give her another bond, and that was to be delivered up. Mr. Northey. We have other witnesses to prove the forging of it. Call Mr. Baker. (Who appeared and was sworn.) Serj. Wright. Mr. Baker, were you present when the prisoner Mrs. Butler was before my lord chief-justice concerning this bond? Look on that copy. Buker. I was present at my lord chiefjustice's chamber when the prisoner was brought before his lordship; and she did there acknowledge, that the bond, of which she was accused, she had ordered to be made. Serj. Wright. Was that the bond in question? Baker. Yes, she did confess she caused sir Robert Clayton's name to be set to it, and the witnesses names; and that it was done by one Mr. Lewkar, a scrivener in Bishopsgatestreet. Serj. Wright. She said so? Baker. Yes, Sir. Mr. Hall. Did she confess it? Where was it? Baker. At my lord chief-justice's chamber; she confessed it was her own act; she caused it to be made, and directed the scrivener to set sir Robert Clayton's name, and the witnesses names to it. Mr. Mallet. Was there not at that time a discourse of a bond that she had on the late duke of Buckingham? Baker. I cannot be positive in that; but this was the fact she was charged with; and she did confess that she caused it to be done, and that the persons as witnesses were innocent of it, and that she did direct Mr- Lewkar to set sir Robert Clayton's name to it. Mr. Hall. How do you know this is the very same bond? Baker. Mr. Woodward shewed me this very bond when I went to him from sir Robert Clayton, to know whether he was acquainted with the prisoner; who, after some discourse with him relating to this bond, very frankly and ingenuously told me the whole matter of fact, as he has done here. Mr. Mallet. But we ask you about her confession; did you shew her that copy? Did she confess that? L. C. J. Holt. What was the discourse of at that time? Baker. It was about the bond of 40,000l. with which she was charged before your lordship to have counterfeited. Mr. Northey. Did he give an account then of this bond? Baker. Yes; Mr. Woodward produced this copy before my lord chief-justice, and she owned she had ordered Mr. Lewkar to make it, and to put sir Robert Clayton's name to it. Serj. Wright. Now, my lord, we will shew you, that she is going on still, and that very lately she has owned it, and that she is going about to make the bond of 50,000l. a very good bond. Mr. Mallet. When it is in question, you may then invalidate it. Serj. Wright. Mr. Woodward has told you he did make the bond of 54,000l. but, I think, we have no need of it. Mr. Hall. They have failed in the indictment, so that it cannot be supported by this bond; it should be laid especially, according to the condition of the bond to be paid; for it is a bond of 40,000l., to be paid by his heirs after his death 20,000l. Now the bond, whereof they produce a copy, is of other things. Mr. Northey. It is for the same. Mr. Mallet. It is laid in the indictment, to be paid by sir R. Clayton in the bond it is said. it is not to be paid till after his death. |