Commonwealth v. Morse

The possession of forged bills purporting to be bills of the bank of A, no such bank in fact existing, with intent to pass them as genuine bills, is not an offence within the statute of March 15, 1805.

At the last April term, the defendant was indicted for that he, at a day and place named, “ falsely, fraudulently, and deceitfully obtained, had, and kept in his possession, one certain false and forged piece of paper, purporting to be a true and genuine promissory note of hand for money, issued by a corporation duly and legally established by law under the denomination of the Richmond Bank, and which was of the tenor following, viz.: — “ Five Dollars. No. 502. “I promise to pay N. Wells, or bearer, on demand, five dollars. For the President, Directors, & Co., of the Richmond Bank. Richmond, the 8th day of January, 1805. “ Ezra Young, Cashier. N. Blake, Prest.” and of one other false, forged piece of paper, purporting to ue made by a bank and corporation legally established by the denomination of the Salem Bank, and of the tenor following: — “ Six Dollars. No. 1491 “ The President, Directors, & Co., of the Salem. Bank, promise to pay N. Green, or bearer, six dollars, on demand. Salem, the 30th day of June, 1805. “Paul Clapp, Cashier. W. H. Campbell, Prest.” and that the said J. M., at the place and day aforesaid, fraudulently and deceitfully held and kept the same false and forged pieces of paper in his hands and possession, with an intent falsely, fraudulently, and deceitfully, to utter and pass the same for and as true and genuine notes of such banks as they severally purported to have been issued by ; —he, the said J. M., then and there well knowing that the same notes were both false and „ forged, as aforesaid, and that there was no such bank or corporation as was in them severally expressed ; — against the peace of the commonwealth, and the law in such case made and provided.” To this indictment the defendant demurred generally, and the Attorney-General joined in demurrer.