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which not the convicted was guilty, but this very veritable aforesaid Joseph Andrews himself. The way of it was thus: A midnight burglary and larceny had been committed on a certain night, a long time ago, in one of the rooms of the Dennison House, then on Fifth Street, near Main. One Green McDonald, notorious among the police, and men, women, and children of this city, was arrested as the burglar and thief, and was completely identified as the very thief by the lady in whose room the burglary and theft was committed, and with whom the robber had quite a tussle in the commission of the crime. Green McDonald was convicted, on her evidence, as the robber, and, as his character was already infamous, sent to the penitentiary for a long term of years. After Joseph Andrews was convicted for the daylight burglary and theft of silver in Dr. Wood's mansion, he one day sent for me as prosecuting attorney to come and see him at the jail. I went over and found him, deliberate and composed, and he said to me: "Look at me; "Look at me; view me well. Don't I look like some one in this city?" I surveyed him, closely inspected his form and features, and in surprise I answered: "Yes; you look like Green McDonald." "That's it," said he; "that's it. You sent that poor fellow, Green McDonald, to the

penitentiary for what I myself did at the Dennison house." "Can it be possible?" said I. "Yes," said he, "it is more than possible; it is a fact." And to show me that he was the man, that he alone was guilty of the Dennison house affair, and not Green McDonald, he told me all about it, told and described all the particulars of the room, and the lady, and all about the tussle, and his own escape with the booty, etc. I was thoroughly astounded, but as thoroughly convinced that a great wrong had been officially and judicially done; and I immediately wrote an official letter to the Governor of the State, and had Green McDonald pardoned out of the penitentiary as the only remedy of the wrong left, alas! . . . Ever after this, I was exceedingly careful about this most important question of identity of prisoners, and more than one I let go, when there was a particle of doubt about his or her identity.

What lessons we get about humanity in the administration of so-called justice. From my experience as a man, a lawyer, a prosecuting attorney, and a judge, and a long and observing experience it has been, too, I am compelled to say, that the most uncertain thing I know of, is human testimony. And yet we, poor mortals as we are, cannot make a move in life without reliance upon it.

361. THE PERREAUS' CASE. (CAMDEN PELHAM. The Chronicles of Crime. ed. 1891. Vol. I, 244.)

The circumstances of the cases of these prisoners are of a very remarkable description. It appears that the accused persons were twin brothers, and were so much alike that it was with difficulty that they were known apart. Robert Perreau carried on business in Golden-square as an apothecary, and was in great practice; while his brother lived in a style of considerable fashion, a Mrs. Margaret Caroline Rudd living with him as his wife.

At the sessions held at the Old Bailey in June 1775, Robert Perreau was indicted for forging a bond for the payment of 7500l. in the name of William Adair, Esq. (then a great government contractor), and also for feloniously uttering and publishing the said bond, knowing it to be forged, with intent to defraud Messrs. Robert and Henry Drummond, bankers. From the evidence which was adduced at the trial, it appeared that on the 10th

of March, 1775, the prisoner under trial, whose character up to that time had been considered unimpeachable, went to the house of Messrs. Drummond, and seeing Mr. Henry Drummond, one of the partners, said that he had been making a purchase of an estate in Norfolk or Suffolk, for which he was to give 12,000l., but that he had not sufficient cash to pay the whole purchase money. That he had a bond, however, which Mr. Adair had given to his brother Daniel, for 7500l., upon which he desired to raise a sum of 5000l., out of which he was willing to pay 1400., which he had already borrowed of the firm.

Mr. Drummond, on the production of the bond, had no sooner looked at the signature than he doubted its authenticity, and very politely asked the prisoner if he had seen Mr. Adair sign it. The latter said he had not, but that he had no doubt that it was authentic, from the nature of the connection that subsisted between Mrs. Rudd, who was known to live with Daniel, and that gentleman; a suggestion having previously been thrown out that she was his natural daughter. Mr. Drummond, however, declined advancing any money without the sanction of his brother, and he desired Perreau to leave the bond, saying that it should either be returned on the next day, or the money produced. The prisoner made no scruple to obey this suggestion, and he retired, promising to call again the next day. In the interim, Mr. Drummond examined the bond with greater attention; and Mr. Stephens, secretary of the Admiralty, happening to call, his opinion was demanded, when, comparing the signature to the bond with letters which he had lately received from Mr. Adair, he was firmly convinced that it was forged. When Perreau came on the following day, Mr. Drummond spoke more freely than he had done before, and told him that he imagined he had been imposed on;

but begged, that to remove all doubt, he would go with him to Mr. Adair, and get that gentleman to acknowledge the validity of the bond, on which the money would be advanced. This was immediately acceded to; and on Mr. Adair seeing the document, he at once declared that the signature was a forgery. The prisoner smiled incredulously, and said that he jested; but Mr. Adair remarked that it was no jesting matter, and that it lay on him to clear up the affair. On this he went away, requesting to have the bond, in order to make the necessary inquiries - a request which was refused; and persons being employed to watch him, it was found that immediately on his arrival at his house, he and his brother and Mrs. Rudd got into a coach, carrying with them all the valuables which they could collect, with a design to make their escape. They were, however, stopped, and taken into custody, and being conveyed to Sir John Fielding's, at Bow-street, they there underwent an examination, and upon the evidence adduced, were committed to prison. Other charges were subsequently brought against them by Sir Thomas Frankland, from whom they had obtained two sums of 5000l. and 40007. on similar forged bonds, as well as 4000l. which they had paid when the amount became due; and by Dr. Brooke, who alleged that they had obtained from him 1500. in bonds of the Ayr bank, upon the security of a forged bond for 3100l.; and Mrs. Rudd was then admitted as evidence for the Crown.

Her deposition then was, that she was the daughter of a nobleman in Scotland; that, when young, she married an officer in the army named Rudd, against the consent of her friends; that her fortune was considerable; that on a disagreement with her husband, they resolved to part; that she made a reserve of money, jewels, and effects, to the amount of 13,000 pounds, all of

which she gave to Daniel Perreau, whom she said she loved with the tenderness of a wife; that she had three children by him; that he had returned her kindness in every respect till lately, when, having been unfortunate in gaming in the alley, he had become uneasy, peevish, and much altered to her; that he cruelly constrained her to sign the bond now in question, by holding a knife to her throat, and swearing that he would murder her if she did not comply; that, being struck with remorse, she had acquainted Mr. Adair with what she had done; and that she was now willing to declare every transaction with which she was acquainted, whenever she should be called upon by law so to do.

Upon the cross-examination of Mr. Drummond, however, he swore that Mrs. Rudd, on her being first apprehended, took the whole on herself, and acknowledged that she had forged the bonds; that she begged them "for God's sake to have mercy on an innocent man," and that she said no injury was intended to any person, and that all would be paid; and that she acknowledged delivering the bond to the prisoner. They then entertained an opinion that the prisoner was her dupe; and Mr. Robert Drummond having expressed a notion that she could not have forged a handwriting so dissimilar from that of a woman as Mr. Adair's, she immediately, in order to satisfy them of the truth of what she said, wrote the name "William Adair" on a paper exactly like the signature which appeared attached to the bond.

Mr. Watson, a money scrivener, also deposed, that he had filled up the bonds at the desire of one of the brothers, and in pursuance of instructions received from him; but he hesitated to fix on either, on account of their great personal resemblance; and being pressed to make a positive declaration, he fixed on Daniel as his employer.

The case for the prosecution being concluded, the prisoner entered upon his defense. In a long and ingenious speech, which he addressed to the jury, he strove hard to prove that he was the victim of the artifices of Mrs. Rudd.

He said that she was constantly conversing about the influence she had over Mr. W. Adair; and that Mr. Adair had, by his interest with the king, obtained the promise of a baronetage for Daniel Perreau, and was about procuring him a seat in parliament. That Mr. Adair had promised to open a bank, and take the brothers Perreau into partnership with him. That the prisoner received many letters signed "William Adair," which he had no doubt came from that gentleman, in which were promises of giving them a considerable part of his fortune during his life; and that he was to allow Daniel Perreau two thousand four

hundred pounds a year for his household expenses, and six hundred pounds a year for Mrs. Rudd's pin money. That Mr. Daniel Perreau purchased a house in Harley-street for four thousand pounds, which money Mr. William Adair was to give them. That when Daniel Perreau was pressed by the person of whom he bought the house for the money, the prisoner understood that they applied to Mr. William Adair, and that his answer was, that he had lent the king seventy thousand pounds, and had purchased a house in Pall Mall at seven thousand pounds, in which to carry on the banking business, and therefore could not spare the four thousand pounds at that time. He declared that all attempts at personal communication with Mr. Adair were strenuously opposed by Mrs. Rudd as being likely to destroy the effects of her exertions on his behalf, and contended that his conduct throughout the whole transaction with Mr. Drummond, showed that he was innocent of any guilty intention, and that he firmly believed

that he was acting honestly and justly.

He then proceeded to call the following witnesses, whose evidence we shall give in the most concise

manner:

George Kinder deposed that Mrs. Perreau (the only name by which he knew Mrs. Rudd) told him "that she was a near relation of Mr. James Adair; that he looked upon her as his child, had promised to make her fortune, and with that view had recommended her to Mr. William Adair, a near relation and intimate friend of his, who had promised to set her husband and the prisoner up in the banking business." He also deposed that she said that Mr. Daniel Perreau was to be made a baronet, and described how she would act when she became a lady. The witness further deposed that Mrs. Rudd often pretended that Mr. William Adair had called to see her, but that he never had seen that gentleman on any visit.

John Moody, a livery servant of Daniel Perreau, deposed that his mistress wrote two very different hands; in one of which she wrote letters to his master, as from Mr. William Adair, and in the other the ordinary business of the family. That the letters written in the name of William Adair were pretended to have been left in his master's absence; that his mistress ordered him to give them to his master, and pretend that Mr. Adair had been with his mistress for a longer or shorter time, as circumstances required. This witness likewise proved that the hand at the bottom of the bond and that of his mistress's fictitious writing were precisely the same; that she used different pens, ink, and paper, in writing her common and fictitious letters; and that she sometimes gave the witness half a crown when he had

delivered a letter to her satisfaction. He said he had seen her go two or three times to Mr. J. Adair's, but never to William's; and that Mr.

J. Adair once visited his mistress on her lying-in.

Susannah Perreau (the prisoner's sister) deposed to her having seen a note delivered to Daniel Perreau, by Mrs. Rudd, for nineteen thousand pounds, drawn as by William Adair, on Mr. Croft, the banker, in favor of Daniel Perreau.

Elizabeth Perkins swore that a week before the forgery was discovered, her mistress gave her a letter to bring back to her in a quarter of an hour, and say it was brought by Mr. Coverley, who had been servant to Daniel Perreau; that she gave her mistress this letter, and her master instantly broke the seal.

Daniel Perreau swore that the purport of this letter was "that Mr. Adair desired her to apply to his brother, the prisoner, to procure him five thousand pounds upon his (Adair's) bond, in the same manner as he had done before; that Mr. Adair was unwilling to have it appear that the money was raised for him, and therefore desired him to have the bond lodged with some confidential friend, who would not require an assignment of it; that his brother, on being made acquainted with his request, showed a vast deal of reluctancy, and said. it was very unpleasant work; but undertook it with a view of obliging Mr. William Adair." The counsel for the prosecution demanding "if he did not disclaim all knowledge of the affair before Mr. Adair," he said he denied ever having seen the bond before, nor had he a perfect knowledge of it till he saw it in the hands of Mr. Adair.

David Cassady, who assisted Mr. R. Perreau as an apothecary, deposed that he lived much within the profits of his profession, and that it was reported he was going into the banking business.

John Leigh, clerk to Sir John Fielding, swore to the prisoner's coming voluntarily to the office before his apprehension, and giving

information that a forgery had been committed. Mr. Leigh was asked if Mrs. Rudd "ever charged the prisoner with any knowledge of the transaction till the justices were hearing evidence to prove her confession of the fact ;" and he answered that he did not recollect that circumstance, but that on her first examination she did not accuse the prisoner.

Mr. Perreau now called several persons of rank to his character. Lady Lyttleton being asked if she thought him capable of such a crime, supposed she could have done it as soon herself. Sir John Moore, Sir John Chapman, General Rebow, Captain Ellis, Captain Burgoyne, and other gentlemen, spoke most highly to the character of the prisoner; but the jury found him guilty.

It will be unnecessary now to give anything more than a succinct account of the trial of Daniel Perreau, which immediately followed that of his brother. He was indicted for forging and counterfeiting a bond, in the name of William Adair, for three thousand three hundred pounds, to defraud the said William Adair, and for uttering the same knowing it to be forged, to defraud Thomas Brooke, doctor of physic. Mr. Scroope Ogilvie, clerk to Mr. William Adair, proved the forgery; and Dr. Brooke swore to the uttering of the bond. The defense set up by the prisoner was, that Mrs. Rudd had given the bond to him as a true one; and he asserted, in the most solemn manner, that he had had no intention to

defraud any man. Like his brother,

he called several witnesses to show the artifices of which Mrs. Rudd had been guilty; and many persons proved the great respectability of his character.

The jury, however, returned a verdict of guilty, and both prisoners were sentenced to death; but the execution did not take place until January 1776, in consequence of the

proceedings which were subsequently taken against Mrs. Rudd.

After conviction the behavior of the brothers was, in every respect, proper for their unhappy situation. Great interest was made to obtain a pardon for them, particularly for Robert, in whose favor seventyeight bankers and merchants of London signed a petition to the king the newspapers were filled with paragraphs, evidently written by disinterested persons, in favor of men whom they thought dupes to the designs of an artful woman: but all was of no avail.

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On the day of execution the brothers were favored with a mourning coach, in which to be conveyed to the scaffold; and their conduct throughout was of the most exemplary description. After the customary devotions were concluded, they crossed hands, and joining the four together, in that manner were launched into eternity. They had not hanged more than half a minute when their hands dropped asunder, and they appeared to die without pain.

Each of them delivered a paper to the Ordinary of Newgate, which stated their innocence, and ascribed the blame of the whole transaction to the artifices of Mrs. Rudd; and, indeed, thousands of people gave credit to their assertions, and a great majority of the public thought Robert wholly innocent.

Daniel Perreau and Robert Perreau were executed at Tyburn on the 17th of January, 1776. .

On the 16th of September, 1775, Mrs. Rudd was put to the bar at the Old Bailey, to be tried for forgery; but the counsel for the prisoner pleading that, as she had been already admitted an evidence for the crown, it was unprecedented to detain her for trial, and the judges differing in opinion on the point of law, she was remanded to prison till the opinion of the judges could be taken on a subject of so much importance.

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