Scottish Court of Session Decisions

Subject_1 DELINQUENCY.
Subject_2 SECT. VII.

Forgery.

Jamieson and Others,
v.
Forrester

1751. November 6. & 14.
Case No. No 17.

Forgery and falsehood punished by the Court of Session.

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In the complaint, at the instance of John Jamieson and others, partners in the rope-manufactory at Leith, against John Forrester, as guilty of forging certain bills, which he had impignorated to them, in security of a debt he owed them; the fact came out to be of a very uncommon contrivance. He had indorsed to them six different bills; and, with respect to most of them, they were suspected to be altogether fictitious, drawn on and accepted by persons that never had a being; at least, he could bring no evidence that there were ever such persons. And the account he gave of the matter rendered that suspicion a certainty, which was, that they had accepted the bills for value; and the value was, his obligation to put effects in their hands when he should be required so to do; and, that though he had got their bills payable at a day long elapsed, he had neither seen nor heard of them since. But one of these bills was a plain forgery; it was drawn upon James Cock merchant in Crief. And such a man there was; but then the prisoner, sensible that this James Cock would improve it, alleged that this James Cock was not the person on whom the bill was drawn, but another who called himself James Cock merchant in Crief.

But as he could give no satisfying account who this other person was, it was, on the 6th of November, found, ‘That this bill was false, feigned, counterfeit, and forged by the said John Forrester; and the other bills were found false and feigned; and the whole six bills reduced and improven, and decerned and declared to be void and null, and to make no faith in judgment.’

And upon the 14th November, the Lords having again resumed the consideration of the complaint, &c. ‘Found the complainers entitled to their damages, amounting to L. 300 Sterling, and decerned therefor; and declared the said John Forrester infamous, incapable of bearing evidence in any action or suit, or of passing on any inquest or assize, or of bearing any public trust or office; and ordered and adjudged him to be carried back to prison, and there to remain till a day certain, when he was to be bought to the common pillory thereon to stand bare-headed for a full hour, between twelve and one, with this inscription on his breast, Infamous Forger, and falsifier of Writings; and thereafter to be carried back to prison, there to remain till an occasion should offer of transporting him to one or other of his Majesty's plantations in America, to which he was banished for ever, with the usual certification in case he should return; and ordained the bills to be torn and cancelled in their presence, and the sentence to be recorded in the books of sederunt.’

This is a strong instance of not remitting to the Justiciary, notwithstanding forgery is found proved. Another like instance occurred in a late case, David Chalmer against John Stevenson of Dykes, and in Russell against Adie, anno 1729, voce Jurisdiction, that being a matter pretty arbitrary.

N. B. Although in most crimes, a pannel may lay his hand upon his mouth and plead to be assoilzied, unless his prosecutor prove his libel, there is this speciality in forgery, that a defender must support by evidence, the account he gives of the deed challenged. Vide L. 22. C. ad L. Corn. de Falsis.

Fol. Dic. v. 3. p. 177. Kilkerran, (Delinquency.) No 14. p. 163.