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Subject_1 FRAUD.
Humphry Parsons, &c
v.
James Smith
1753 ,Feb .8 .
Case No.No. 31.
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Smith was accused by Humphry Parsons, &c. executors of John Brown, and his Majesty's Advocate, of forging a receipt by Brown to him of about L.69 sterling in part payment of two accepted bills due by him to Brown, which receipt was written by Smith and said to be signed by Brown the day before he was cut for the stone, whereof he died. We had evidence of the forgery quite convincing, though there could be no direct proof, at the same time that Smith seemed by the proof to have had the character of an honest man, and though a very low man, a carrier, yet had great trust in the country. We found the receipt forged, but would not remit him to the Justiciary, but gave the same judgment as in Forrester's case, viz. pillory and transportation for life. Forrester's case is marked 7th November 1751, (No. 24.)
The electronic version of the text was provided by the Scottish Council of Law Reporting