W. M. and I. E. therein partly defcribed, of the fecond part, the faid W. W. of the third part, and the faid S. of the fourth part, and whereas the faid H. S. had contracted and agreed with the faid W. S. W. for the purchase of an annuity or yearly fum of two hundred and fifty pounds of lawful money of Great Britain, payable to him the faid H. S. his executors, adminiftrators, and affigns, during the life of the faid W. S. W. at or for the price or fum of one thousand five hundred pounds, and which faid fum of one thousand five hundred pounds the faid H. S. hath paid to the faid W. S. W. at or before the fealing and delivering of thefe prefents, and for the payment of the faid annuity or yearly fun of two hundred and fifty pounds, unto the faid H. S. his heirs, adminiftrators, and affigns, during the natural life of the faid W. S. W. in and by one bond or obligation, bearing even date herewith, is become bound to the the faid H. S. in the penal fum of three thousand pounds, with a condition to be void on payment by the faid W. S. W. unto the faid H. S. his executors, adminiftrators, and affigns, yearly and every year for and during the term of the natural life of the faid W. S. W. at or in the common dining-hall of Lincoln's Inn, in the faid county of Middlefex, of one clear annuity or yearly fum of two hundred and fifty pounds of lawful money, &c. by half yearly payments, on the days and times, and in the manner in the condition of the faid recited bond, mentioned and applied for payment thereof; and hath alto for the better fecuring the payment thereof, executed a warrant of attorney, bearing even date herewith, to confefs judgment in his majesty's court of common pleas, at Weftminfter, at the fuit of the faid H S. for three thoufand pounds debt, on the faid recited bond, with cofts of fuit; and the faid W. S. W. for the better fecuring the payment of the faid annuity or yearly fum of two hundred and fifty pounds, (OMITTED IN INDICTMENT), during the life of him the jaid IV. S. W. hath agreed that in cafe he furvives his laid mother, he the faid W. S. W. will within the space of fix months after her decease, by proper and valid deeds or inftruments in the law, charge and make chargeable, the faid real eftate, which he will come into the poffeffion of, and under and by virtue of the faid hereinbefore part in recited indenture of fettlement, with the payment of the faid annuity or yearly fum of two hundred and fifty pounds, during the life of the W.S W. to the faid H. S. his executors, adminiftrators, or affigns; now this indenture witnefieth, that in confideration of the premifes, and the fum of one thousand five hundred pounds of lawful money, &c. to the faid W. S. W. in hand, paid by the faid H. S. at or before the fealing and delivery of thefe prefents, the receipt whereof, he the faid W. S. W. doth hereby acknowledge, and thereof, and of, and from every part thereof doth acquit, releafe, and difcharge the faid H. S. his heirs, executors, adminiftrators, and affigns, and every of them for ever by thefe prefents, he the faid W. S. W. doth hereby for himself, his heirs, executors, and adminiftrators, covenant, promife, and agree to and with the faid H. S. his heirs, executors, adminiftrators, and affigns,

G 4

Opinion.

affigns, that he the faid W. S. W. in cafe he fhall furvive and outlive his mother, fhall and will within fix months next after her decease, at the cofts and charges of the faid W. S. W. by fuch good and fufficient conveyances and aflurances in law as the counfel of the faid H. S. his executors, adminiftrators, and affigns, fhall advife and direct, well and fufficiently charge, and make chargeable all and fingular the meffuages, Lands, tenements, meadows, paftures, and hereditaments whattoever, formerly of the faid T. S. fituate, lying, and being in W. S. S. E. and I. in the county of S. or fome or one of them, of the clear yearly value of three hundred pounds or upwards, to which the faid W. S. W. is entitled after the deceafe of his faid mother as aforefaid, with the payment of the faid annuity, yearly rent, charge, or annual fum of one hundred and fifty pounds, of lawful, &c. and all arrears of the fame which may then happen to be due, and be made payable to the faid H S. his exccutors, administrators, and affigns, during the life of the faid W. S. W. on the days and times, at the place, and in manner, in and by the condition of the hereinbefore recited bond or obligation mentioned and appointed for the payment thereof; and that in fuch deed there fhall be inferted fuch claufes, powers, and remedies for obtaining and recovering the faid annuity or yearly fum of two hundred and fifty pounds, during the life of the fid W. S. W. as he the faid H. S. his executors, adminiftrators, or affigns, or his or their counfel learned in the law thall reafonably advise or require. In witnefs, &c.

Your opinion is defired upon all the circumitances of this cafe whatever, notwithstanding W.'s having been acquitted on this indictment, whether another of the fame tendency may not be preferred against him and the Rev. Mr. P.; if you are of opinion there is fufficient evidence ftated in this cafe to convict them? is it any objection to the teftimony of J. A. D. and B. on behalf of fuch profecution, (who may be compelled to attend and give evidence), the.r having been indicted and acquitted as aboveЯated, and do you think fuch a step the moft adviseable for Mr S. to recover his money, B. being a man of good fortune, or what other means would you advife Mr. S. row to purfue?

I think the circumftances above-stated fufficiently prove a confpiracy between Mr. B. and W. to defraud Mr. S. Mr. B. perfectly understood that W. was an impoftor, and that he had himfelf been cheated by him, when he applied to Sir W. D. fraudulently mifrepresenting W. as a man of immenfe fortune, and by that means

facilitating W.'s endeavours to procure by
Sir W. D's agency, the money from Mr. S.
and a jury wil find no difficulty in con-
cluding that the fe applicat ons to Sir W.D.
by Mr B. and W. were in confequence of
a preconcerted scheme between them,
efpecially when it is confidered, that in
order to effect the delusion of Mr. B he
enabled W. to remove Mr. S s objections
with respect to the judgments which
had been entered up at his fuit, under an
exprefs agreement between them that
Mr. B. fhould have, and actually received
one thousand and forty-two pounds of
the one thousand five hundred which
Mr. S. was by that means meant to be, and
afterwards was cheated out of. I am
therefore of opinion that Mr. B. would be
convicted on an indictment or confpiracy
which feems the moft probable means of
Mr. S.'s obtaining fausfaction for the
grefs cheat which has been practifed
upon him.
W. having been already ac-
quitted upon an indictment of confpiracy
with other defendants, of whom Mr.
B. was not ene, is no ground of objec-
tion to another indictment of confpiracy,

though

indicted and acquitted as above-men-
tioned.

though of the fame nature, with Mr B. only; nor is it any objection to the teftimony of J. A. D. and B. in behalf of fuch profecution, that they were

W. DAVY.

of

confpiracy to de

during A's life,

MIDDLESEX, to wit. The jurors for our lord the king, Indictment upon their oath prefent, that W. S. W. late of the parish A. and B. for a of Saint James, in the liberty of Weftminster, in the county fud H S. of of Middlefex, efquire, and R. H. B. late of Mill-bank, Weft- 15001. under minfter, in the county aforefaid, clerk, wickedly and unjustly pretence of A's devifing and intending to defraud one H. S. efquire, of his fecuring to be money, on the twelfth day of February, in the feventeenth paid to C. an an year of the reign of our fovereign lord George the Third, nuity of 250. now king of Great Britain, &c. &c. &c. at Weftminster, by B's falfely rein the county of Middlefex aforefaid, did wilfully, fraudu- prefenting, &c. lently, falfely, and unlawfully did confpire, combine, and agree among themselves to cheat and defraud the faid H. S. of a large fum of money, under a falfe and deceitful colour, and pretence of the faid W. S. W.'s having and fecuring to be paid unto the said H. S. his executors, adminiftrators, and affigns, a certain annuity to be payable during the natural life of the faid W. S. W. in confideration of the faid fum of money, and that the faid R. H. B. in pursuance of and according to the confpiracy, combination, and agreement fo as aforefaid had and made between him the faid W. S. W. afterwards, to wit, on the faid twentieth of January, in the feventeenth year aforefaid, at W. aforefaid, in the county of Middlefex aforesaid, wickedly, falfely, fraudulently, unlawfully, and deceitfully did pretend and reprefent to one Sir William D. knight he the faid Sir William, being then and there an agent of the faid H. .), that the faid W. S. W. was a man of an immenfe fortune, and that the faid W. S. W. according to the faid confpiracy, combination, and agreement fo as aforelaid had and made between him and the faid R. H. B. afterwards, to wit, on the fame day and year a orefaid, at W. aforefed, in the county of Miodlefex aforefaid, wickedly, falfely, fraudulently, unlawfully, and deceitfully did pretend and reprefent to the faid Sir W. D. (he the faid Sir W. D. then and there being an agent of the faid H. S.) that he the faid W. S. W. was in prefent poffeffion of one thousand pounds per annum, confifting of certain estates and lands called L. A. and B. in the county of S. and that there then was on the faid eftates timber worth five thousand pounds, and that the faid W. S W. at the death of his mother was entitled to the following eftates in the county of S. that is to say, W. 1. L. E. and F. worth feven hundred and fifty pounds per annum, with the timber thereon of the value of five thousand pounds, and that he the faid W. S. W. would be at the death of his grandfather aged ninety-five years, entitled to a capital eftate called Onflow eftate, worth two thoufand feven hundred pounds per annum, and that he the faid W. S. W. was then heir to two hundred thoufand pounds and upwards, expectant on the death of his aunt, and that the faid H. S. might have a recital of thofe expectances, and a charge upon any of them for fecuring the faid annuity, if he the

faid H. S. fhould think proper, but that he the said W. S. W. would not encumber his then prefent eftate, except by bond and judgment, and that the said W. S. W. in pursuance of, and according to the faid wicked confpiracy, combination, and agreement fo as aforefaid had and made between him the faid R. H. B. afterwards, to wit, on the twenty-fifth day of February, in the feventeenth year aforefaid, at W. aforefaid, in the county of Middlefex aforefaid, did fraudulently, falfely, and unlawfully reprefent to the faid H. S. that all the judginents which had been theretofore entered up in the court of our fovereign lord the king against him the faid W. S. W. were fatisfied, and that the faid W. S. W. in purfuance of, and according to the faid confpiracy, combination, and agreement aforefaid, between him and the faid R. H. B. fo as aforefaid, had afterwards, to wit, on the faid twenty-fifth day of February, in the feventeenth year aforefaid, at W. aforefaid, in the county of Middlefex aforefaid, and in order to obtain a large fum of money, to wit, the fum of one thoufand five hundred pounds, from the faid H. S. under fuch pretences as are before-mentioned, did falfely, fraudulently, and deceitfully fign, feal, and execute a certain bond, bearing date the twenty-fecond day of February, in the feventeenth year aforefaid, to the faid H. S. in the penal fum of three thousand pounds of lawful money of, &c. conditioned for the payment by the said W. S. W. his heirs, executors, or adminiftrators to the faid H. S. his executors, adminiftrators, or affigns, of an annuity of two hundred and fifty pounds, by equal half yearly payments, on the several days and times following, that is to fay, on the twenty-fecond of Auguft, and the twenty-fecond of February, from thenceforth, in every year during the life of the faid W. S. W. at or in the common dining-hall of Lincoln's Inn, in the county of Middlesex, and alfo a proportionable part of the laft half yearly payment of the faid annuity, up to the day of the deceafe of the faid W. S. W. without making any deduction, defalcation, or abatement whatfoever, and also a certain warrant of attorney, bearing date the fame twentyfecond day of February, in the feventeenth year aforefaid, authorizing any attorney of the court of common pleas at Westminster to confels a judgment in the fame court against the faid W. S. W. on the faid bond; and also a certain indenture bearing date the said twenty-fecond day of February, in the feventeenth year aforefaid, purporting to be made between the faid W. S. W. of St. James's place, in the liberty of Weftminster, and county of Middlesex, efquire, eldeft fon of W. W. formerly of W. in the county of S. gentleman, deceafed, by S. his wife, and then his widow, and which faid S. was the grandmother of T. S. late of Great Y. in the county of N. merchant, of the one part, and the faid H. S. of the other part, reciting that the faid W. S. W. on the death of his mother became feited of, interested in, or intitled unto divers eftates both freehold and leafehold, of a very confiderable annual value, by virtue of and under a certain indenture of relcafe and affignment of four parts, made previous to the marriage of the faid W. W. and S. his wife, bearing date the twenty-fecond day of May

1752, and made or mentioned to be made between the fad I. S. of the one part, W. S. and I. E. therein particularly defcribed of the fecond part, the faid W. W. of the third part, and the faid S. of the fourth part, and reciting the faid H. S. having purchased the annuity for the fum of one thousand five hundred pounds, and alfo reciting the faid bond and warrant, and that the said W. S. W. for the better fecuring of the payment of the faid annuity, hath agreed, that in cafe he furvived his faid mother, he the faid W. S. W. would within the fpace of three months next after her decease, by proper and valid deeds and inftruments in the law, charge and make chargeable the faid real eftates which he would come into the poffeffion of, under, and by virtue of the faid hereinbefore in part recited indenture of fettlement, with the payment of the faid annuity; it was by the faid indenture of the twenty-fecond of February, in the feventeenth year aforefaid, witneffed, that the faid W. S. W. for himself, his heirs, executors, and adminiftrators, did covenant and grant to and with the faid H. S. his heirs, executors, admin iftrators, and affigns, that the faid W. S. W. in cafe he fhould furvive and outlive his faid mother, fhould and would, within fix months next after her deceafe, at the cofts and charges of him the faid W. S. W. by fuch good and fufficient covenants and affignments in the law as the counfel of the faid H. S. should devife and direct, well and fufficiently charge and make chargeable all and fingular the mefluages, lands, tenements, meadows, paftures, and hereditaments whatsoever, formerly of the faid T. S. in W. S. S. E. and in the county of S. or tome or one of them, of the clear yearly value of three hundred pounds or upwards, to which the faid W. S. W. was entitled after the deceafe of his mother as aforefaid, with the payment of the faid annuity, and all arrears of the fame which might then happen to be due; and the faid W. S. W. in purfuance of and according to the faid confpiracy, combination, and agreement aforefaid had between them and the faid R. H. B. then and there, to wit, on the faid twenty-fifth day of February, in the feventeenth year aforefaid, at W. aforefaid, in the county of Middlefex aforefaid, by the faife pretences aforefaid, and by execution of the faid bond, warrant of attorney, and indenture, did wickedly, fraudulently, and unlawfully obtain, acquire, and get into the hands and poffeffion of him the faid W. s. w. the fum of one thousand five hundred pounds of lawful money, &c. and did thereby cheat and defraud the laid H. S of the fum of one thoufand five hundred pounds: whereas in truth and in fact the faid 1ft Neg. W. S. W. was not a man of immenfe fortune as was falfely pretended and reprefented as aforefaid; and the faid W. S. W. and R. H. B. at the time of making fuch pretence and reprefentation, well knew the fame, to wit, at W. aforefaid, in the county of Middefex: and whereas in truth and in fact the faid W. S. W. was 2d Neg. not in poffeffion of one thousand pounds per annum, confifting in eftates or lands, called L. A. and B. in the county of S. or of any other eftates or lands in the faid county of S. as was falfely pretended and reprefented as aforefaid; and the faid W. S. W. and

R. H. B.