The Sun. — London, England, 1824-11-03 00:00:00

tI)" / ey ~‘(4,/& /Pt cr7 /,4, NUMBER, 10,029. VERY FAST TRAVELLING, ToBIRMINGHAM and LIVERPOOL, DAY and NIGHT, by FOUR INSIDE COACHES, which KEEP GOOD TIME, hone the SARACEN'S HEAD INN, SKINNER-STREET, - SNOW -HILL, 'LONDON THE following LIGHT POST-COACHES, n,„ 4" l ' l ' l LS. &c. set out frons the above Inn t— t -fIittIINGEIANI "Tally Hu!" fast Day Coach, in thir be.t.a ho.u.rs,Morniug at a quarter before Seven, through Red. ...11, market Stre t Dunstable, Brick hill, Fenny Stratford, (,°',l"neY Stra tfOr ' d.'r e oivcester, Weedon, Daventry, Dimehurch, i'i,' e ntrY, mid Stone Bridge, to the Castle Hotel and St. m: t r l F 'S Tavern, High-street, Birmingham, to Sniffnall, Na,,,'g'"n, Bridgenorth, Shelton, Shrewsbury, OswestrY, of theeiidetlicir,eleudgh with A.ii,"'lch, •porley, Bangor, Chester and Holyhead.— two Coachmen only. In consequence Pro preference given to the Tally Ho Coach, the P n eters are determined no expellee shall he spared to render it the first conveyance on the Birmingham Road. v BIRMINGHANI "Royal Express," New light fast Night N1t ;!!, it) 15 hours only, sets out every afternoon, carry. t 'g rola In only; passes through Warwick, Li-awing ?o, Soatliam, Weedon, Daventry, Stoney Stratford, and .iitveeiter, to the Saracen's Head, Bull-street, Binning. m o), early the next Morning. s.R.Romirroix, Chatham Rochester, Gravesend , Stroud, thaghouroe, Itainham, and ' Ospringe, every Morning. law ton ANS TAPLE, Southmolton, Creditor, Tiverton, North , Oaliliaaipton Torrington , Ohumleigb, Ilfracomb, 4141 Biddefurd, New fight fast Coach, every Morning, at 7. it?TH and BRIS TOL Cheap Post-Coaches, through Chip. „", "I, Caine, Nlarlbormigli, Huugerford, Newbury, and Innmg, evei y Aft ernoon at one; arrive at the Greyhound 144 1 I.ittli ' the L on d on Tavern, Thomas -street, and swan, Iw, early the next Morning.. At reduced Fares. It 11°S rON New Royal Patent Mail. to -Louth, through oqtleii, Cambridge, Huntingdon„ . Stiltop l Peterborough, steWir,',,g, Spalding, Spilsby, Alford, and Grimsby, Evening, f , 4 " PaSt 7, Sunday, at a Quarter before 7. b 4Miiltil.)CE New lt • i P • t Mail, through Ware, os nt , 7 ...0)a Paten t 7 "Word, Dockland, and Royston, 'Evening, at Half past .1, al l a tA InttalST4 Ft:4 Quarter before 7. " Express," to Penrith, and -Whitehaven, q,,,"'w Light Four -inside Post Coach,, with a Guard all CPI, passes through Appleby, Brough, Bowes, Greta liiiiiroiltilitl,c:ise ;4711mnd, Catterick, Boroughbvidge, Ferrybridge, Newark, Bawtr, Grantham, Stamford, Gree lior_: atittoo, Biegleswittic, and Baldocl. - . Sets out in the litreug, and perfories the journey with the greatest fad- Z1.. 1 . 111 reduced Fares. Passengers detained on the Road by .iness or pleasure, have the peculiar advantage of their ' eu:' bcl nX tectired in the next Coach.—The only direct ell taCarlisle. Ps "H ESTE R Light Coaches to Newport, Whitechurch, Tar- . iitoi(i),)ll,4Niiortorirpntowni,;.ll.,, aj . ort hwich, an d'Aliddlewich, every morn kir' 'no r " Tally Ho," light fast Day Coach, every tuner " a quarter before 7, throne!) litedborn, Dunstable, 011-a ff ord, Toweester; ‘VeedOn, Daventry, and Dun ,p, tin!. (41ESTER New light Day Coaches, in fourteen hours tvi,., tiootigh liagshot Blackwater, Basing,toke. Overton, lith",,Tprel;, Andover:Salisbury, Wood)eats, Cashmore, and iix6',t, at a quarter past 5 and 7 in the morning. .. g ~` tit " Sovereign " New light fast Coach ever) morn. ,iinti;:tii.fl'Clocli though Honiton, Axminster, Charmout I), )tool;' 1 , Dorchester, Itlantlford, Woodyntes Inn, Salisbury, Get lnitlge, !''' truss,,. ...utton, Basingstoke, Blackwater, and Ilagstiot. ;7,3()W, Laingtown,Gretna-Rreen, Annan, Dumfries, ("Tall"11, Thornhill, Sanquhar- Kiln, Canntoek, Kingswell, Parts of Scotland, a light Four inside Post Coach daily. iIfi t ' It IIOWOATE and Ripon new Light Post Coaches, every 41;tinn at Two, and ts quarter before Eight in the Morning. 11,,i, , , 1( TF0RD .Coech, tto (igh Waltham Cross, •cheshu tit, gselkloil. Old '.'are. 4 ' I OLYHKAD.New light fast• Day Coach, through Bs hige -1111, walsal Shryvvsbory, and Salop, evei y morning... ' ,"OLY'HE 6 - New light fast Night Coach, through Bridge -4-111 W ' ll Si wsbury, and Salop, every afternoon. 1-16, a1 " 1 .• , ,-- ne ,. • . Lig ht Post Coach, to Lincoln, Nu, "I , " Express, a New (N.'calve, Howden, and Doncaster every Morning, to the 4 4 ;4 ,Keys, Market-place, nun a nd ' also the " Rocking . t(E in Ihe Afternoon at Two. Ih r i. N DAL Light fast Post Coaches to Lancaster, Preston, tr l'lonsdale Bolton, • Chorley, Om niskirk, amid Garstang, ''', io, • ' , • K i ,, n - nnig and aiternnun. . . lii,„7DERMINS TER, Stourhridge, and Dudley, th n ro eu ng ii h . 'Sig 4 ghant, anti West Bromwich, light Coaches eve r y r 1.1..u.d afternoon. 41:r1 44 )S 'I Rockingham," light Post Coach, sets . o ut tit::Afternoon at Two; and passes through Baldoek, Big ,'iette, Eaton, Buckden, Stilton, Wansford, Stamford, Itttilll,, Grantham, Newark, Titxford, Markham Moor, ql, li,twtry, Doncaster, and Ferrybridge, arrives . at . the 1 , 1 r11, 1 ,, u h i; "") liirl, Leeds, next Afternoon at Three, 11l time 'hi, - "Whitt', Halifax, Skipton, and Huddersfield Coaches. t.,,,k'll•lhreugh with Four Coachmen only.—Luggage and 4 lit l r i l'uly id per lb. - . Notwithstanding the uncommou 41 1 i t - ' ilion of th is Coach, it it allowed to by the most agi ec btiht4:ld eumplete Public Conveyance on the North Road, Ltypealtitiled by tin er. l' ' ' ' lLl'° ° l d Stall dshire Potteries New light fast Ay c o , 4 an r ,L1v : , 11, . rvery U mpire," t a quarter before 7. 'ba t h :11'001. " New light fast Four In s ide :. I t1):;i 1117 hours only (tint one Night on the Road), se t s .Lii uti TY itt One • and arrives at Liverpool iie!ct aftersioott, t k.',Nfo g il u i W .. O btirn ' Latlibury , Northampton, ]Telford, Lut. 'miiisi''',,littek le l y, At hersto ' ne, Litchfield, Stone, Newcattle, L1V141;',,,, Warrington, and Prescot. ra 4t Ctia, ''' . l ° 9 l - , " Royal - Express," Now light Four Inside' '" C --1 ) in st 7 hours nl through Warrington, Sltit),!Nklint, Liwt. Pres °Ney; slie, - Rogely, tinutsford, 11, 440,' 'tattord, an d % I I- t Ili a I ca only One Night on toe 1, 11 ~ ~_ y Afternoon.a cit, ! ~ . ' a t the. Saracen's Heat l ' lg l ' 1141 e- rr t ! """" TI e ndvan. f . t t to „ Alle n iverpool, next Afternoon. . i . 'fen, Ire who honour this Coach with their pre. is ‘,"' are fa r . I, ~,,l i_ r ~ superior to any other on this Road, especially , 4 1t ih. e vial Interests, as it performs the journey in ( less j`'.11,4, oti lli any other Coach ; and, notwithstanding its' cheap h'rrsfet "Pediticon, the Proprietors pledge themselves that rate , Y and acco mmodation it is equalled by few, and shall 114's,etl by none (4 4 k tii: 't,.li PAT ER a . nd - Altringham Net; light very . fast Day Alg -t 'r mornin t the ‘l sel Arms and Swati Inn. h[l 1 "iISTER rung "‘ )1 i Newcastle , e, i V ol • _to .. ins.ow,Cong.eton, ' 41 4.1 1 "th amPluit, and Knutsford, light Four. Inside kla •lb IILIIO l,'Nugt, !WOG Ifand.Swindon, fbur•inside Day Coach, 4tity, iloltlenhead Reading, Newbary,Hongerford,ltaisis ,::ly! .r? Aldhourir.' 13 riventhron b with One Coachman 1, 4,..1ie nearest conveyance to Li: C olbourn, 1 fIEIVC‘,II'.I PeWFl4.y. . Purton, Wool ttikktr'',.i'LE UPON TYNE and UNDER LINE Coaches ii,,,-"Moili.',F„!rld afternoon. Only One Night on the road. kWh, T r in Sovereign," New light fast Coach, to i n irl. , al-, uro,Borlinin, Penryn, Ashburton, Totnesh . and It NI ALI) r, Akis e „lilt, every morning at 7. i ' t 4c h, t,; l l ‘ l i f li “,Ituyal Telegraph," New superior fast safe t erthi.„ Rrgate, Dover, Deal, Broadstairs, Canterbury, 4i' t 0,,, 1 ". told Saudivicti—every Morning at - half-past 7. , 4 110T 14 :e of the decided preference given to the Te-• 14;14 ( 4 :f hi l i i ( a. uach, the 'Proprietors are determined ..ce t o i l .; ~4 t V R oad : spared Le render it the fi rst conve y an ce qtr 4 PlEt r, , 111 44 gh It ."4f.t Express," and also " The Rockingkrmr," t;:axitiiiiiiii;:.!l_ec,ti.llll4.tefirtieltryrali:tu,o afternoon New Four inside Post Coaches, every Wellington, and .Shiffnal, Light Post. tv.OtriliAly morning and afteruoon.—Guartied. 4 : 11(l 'egle -3111 TON. 4 .', Union," to Lymington, Lyndhurst. r i p lith ut, ,r*,, Basingstoke, Hartford Bridge, Black watur. and I, t r at t t'e)v Roar Insido 'Coach, every morning, arid' ar 10' hy , • 1 1 Coach and Horses and Vine. Inn, Southanip (l(io;:el,.:e(leeFri..4otiT,liiii: is r a ci tit ti ti es s i t m d e e y l , ightftil Conveyance to St..Maloes, Havre de 44 41 , 1 4, u ','"rgh,'&6.—The Proprietors of the above tli.,l:ltheo) receiv e rt contilittance of that support which ~,. i ti . jo t . ~heeir experienced si ne the commencement ol" ,, .'Ap,-,". ).40,,,,,..`:1t8511111E, POTTERIES, a new light very fast ~,:1 1 .1 sti o r : " 1Y fternoon, to Lanend, Stoke, Shelton, Bllr.stem, I (4 41 , 44w torr, Hant • %nil Ifulmes Chapel. This is 0.. ,llakm(4t.,o"lll4b'eeitx.l9 tilt di); le ries. , , Al b th, o light Post Cone/tett every morning and after 44,t141\11,,,,u,p4xititLa§litiito,,alladock B' 1 swade St. Neots, Bucktien, and Wa l u g ds e ford. ' "", Stockton, and Yarm Light Post Coach every Morning, to the George Inn, Sunderlaud, at reduced Fares. TOTTENHAM and Edmonton Coaches daily, at Eleven, Half-past Two, Five, and Eight o'clock. WAKEFIELD Four inside Post-Coaches, every Morning and Afternoon, at reduced Fares. • IVARWICK and Leamington Day and Night Coaches, through Daventry, IVeedon, Towcester, and Stoney Stratford. WELLS, Bridgewater, Taunton . , Falmon• It, and Ply- mouth Coaches, and to all Parts of the West of England. WEYMOUTH "Magnet" Conch, through Bagshot, Mach water, Basingstoke, Overton, Whitchnrch, Andover, Woiol yeats, Cashmore, Salisbury, Win Word, and Dorchester,At a Quarter past Fireo'Clock in the Morning. Driven through with Two Coachmen only, WEYMOUTH PACKETS to GuuM•nsey, Jersey, Cher. boarg, St. Maine's, &c. every Wednesday and Saturday af ternoon, at Two, from IVeymoittb. - WOLVERHAMPTON only Day Coach to Dudley, West Bromwich, and Meriden, through-Caventry—Morning, at a quarter before 7, and every afternoon. YORK " Express," to Scarhoroug,h, Whit by, Shields, Sun derland, Newcastle, and Edinburgh, a New light Font inside Post Coach, with a Guard throughout sets nut every llorniwg by way of Newark, Retford, Doncaster, Fin... rybridge, Tadcaner, _Darlington, Nurthallerton, Durham, Mot pith, and Berwick, and arrives at York next. Morn. ing, at reduced Fares. Driven through with Four Coach men only. Passengers finding themselves fatigued on the journey, may rest what time they please, and then proceed without any additional Fare. At Rethice.d Fares to Itamsgate, Margate, and Canter bury. S. A. MOUN'T'AIN and Co. respectfully acquaint .their Friends and the Public, that. they will nit be accountable lot any Parcels. Passenger's Luggage, Writings, Plate, 1 1 / 4 c.• of more than Fire Ppunds Value, if lost,Atolen, or damaged, unless entered as such, and the Insurance Bald accord. ingly, at the Sat acen's Head ion. Skinner -street, London. • Nt l , -"-* -- , C-1. --*z ft,i f t ;' • ' ..,, - - *_,A ''' w, - 1 , -.. -•P ' ~ , ' : s 4 .': S Vid , -..... _, n ..,....A,.., , 17 •'.' . 9 4 t` , 1‘ v. j I,b-....... , /1.... , ci-fiettLP-e: WEDNESDAY EVENING, NOVEMBER 3, 1824. MR. FAUNTLERO Y. OLD BAILEY NNW COURT, Nov. 2. MOTION IN ARREST OF JUDGMENT. At a quarter to one o'clock, the RECORDER entered the Court, and passed sentence upon sonic prisoners who had been found guilty of minor offences. At a few minutes before two o'clock Mr. Baron baitito w arrived, and took his seat on the Bench. Mr. ALLEY stated to his Lordship that he meant to move in arrest of judgment on the part of Henryirauntleroy. Mr. Baron Gmtnow directed the prisoner to be placed at the bar. Mr. Fauntleroy was then brought in. He walked up to the bar with a quick and firm step, bowed to the Bench, and then stood with his eyes fixed on the ground. The Clerk of the Arraigns, in the usual form, asked the pri soner what he had to say why he should not dleriecording to law, having been convicted of felony. .* Mr. ALLEY said he had to address the. Court on the part of the prisoner. Ile felt that his Lordship had been put. to sonic to attend th ere . Mr. Baron GARROW requested that the Learned Counsel would not dwell for the twentieth part of a moment on that subject. His time was and ought to he devoted to the public service, especially upon the question whether the life of a fel low man were to. be sacrificed—that was not a suitable ex pression ;he meant forfeited—or whether the ingenuity of the prisoner's Counsel could interpose any thing to stay the execu tion of the dreadful sentence of the law. In such a case; God forbid that any man, whatever trouble or inconvenience he might be put to, (and he had been put to none), should-he sitate for - half a moment to attend to the call which was made upon him. 31r. ALLEY said, that his object was merely to set himself right with the Court at the outset. He did not think it was ne cessary to have the record read. His Lordship was, doehtless, aware that the conviction of the prisoner had taken plice, net generally, but on the counts of the indictment charging him with having tittered a forged power of attorney for the sale of stock, knowing it to be forged at the time of uttering it. Had the conviction t a k en p l ace on the indictment generally, which would have declared the prisoner to have been guilty of forging the instrument, he would not have had to trouble his Lordship on the present occasion. There was an express Act of Parlia ment which made the forging of a power of attorn e y a ca pi ta l ' offence. Up to t h e re i gn o f Georg e 11., it was not made a capi tal offence to utter a f orge d deed. By the tuff of Geo. 1., it was a capital offence to forge a bond or security for money, &c., but the penalty did not extend to the act of uttering such an in. etrument. It was therefore clear, that under the act of the Mit of Geo. 1., judgment of death could not be pronounced on a conviction for uttering the Instrument knowing it to be forged. By a subsequent act, the 4th of Geo. 11., it was made (cap. 7.) a capital offence to forge certain instruments therein enumerated, but of which a power of attorney was not one. That act ex.. - thattended it only t l o d in e d x i t v e i u d d u a t l o m o s ft e e s u , ces but e i o t m w i as nit s t u ed bse a g g u l e i n n t s l t y co en rp ac o t r ed a. , dons. 'lt was his object to contend, that under neither of the two statutes whi c h he had mentioned was it a capital offence to forge a power of attorney ; for otherwise those whose duty it was to,fratne the laws of the country must, at a subsequent period, have been guilty of great oversight, to say the least of it, when they specially enacted that it was a capital offence to forge such .an instrumen t . H a d the offence been capital under the two . statutes to which he had referred, why should the Legislature have tat it necessary to pass an act declaring expressly that did forging pow ers o f attorney was a capital offence ? By the 57th of Geo. 111., it was made a capital offence to forge a letter of at. torney to obtain a seaman's wages, or to utter such a forged in. strutnent knowing it to be counterfeit. That act showed that it was not in the contemplation of the Legislature that to forge a n words employed is act o f G eorge wait a Capital offence under the two statutes for If so wh*t was: the use of the f res h deeals..B4e."—th e wor d s " power of e P w b u e o ea f w r e o c e r u r e it: o m eb f l e l a t n i s t .e t t o b r n n ,or e d e n, Y dl es ; e. attorney diu not occur i it. He believed, also, that the act 'which 3 per Cent. Consols were raised was passed subsequent- I t Y h a t t o the the la,PgiosflaGtueorergcoe litiivrethainttewnedretle s° l;y it tha w t as a l e m t P to °s l ' i l a b v i e e • afforded' protection to a species of property which did not exhie The instruments which the Legislature had in contemplatien when it enacted the statute of George 11. were those which per' se were valuable and convertible into mall. That was not the case with a power of attorney. A po wer o f attorney was not valuable in it se lf, b ut acquired a value only in reference:to something else. A bond was a deed of intrinsic value, because it was a security fur money ; but a letter of attorney was not a security for money. Mr. Baron Winnow apologized for interrupting. the Learned Gentleman. li e remembered that when the prisoner was on his trial, it was represented that he was indisposed, and lie was accommodated with a chair. The argument on the present oc sion might last some time ; and if the prisoner were still indis posed, he should be allowed to tilt dow n . A chair was brought; Mr. Fauntleroy sat down, Inclined his forehead on the lainp.iron before him, placed his clasped hands On the bar, and remained in that position whilst the argument continued. Mr. ALLEY, after thanking his Lordship for his attention' to the prisoner, continued. If the power of attorney was conipte hended under the word " deed' in the statute of George 11., the subsequent statutes which were passed to declare the forg ing of a power of attorney a capital offence, were, to say the least, unnecessary. Those statutes were introduced under the authority of the taw-officers of the Crown, and it was not to he supposed that they would call upon the Legislature to enact that to be a capital offence which had 100 before been declared to be so. Such a proceeding would be only a waste of public time and money. He knew of no cite Bvhere such a question had occurred before. He was acquainted with many cases in which the Bank had prosecuted, but prosecuted in a different way. His Lordship knew, from the exp er i ence wh i ch he had acquired in conducting the prosecutionsof the Bank, that the body sometimes prosecuted parties for personating, sometimes for forging dividend warrants, sometimes for other things, but he did not recollect a case in that Court, and there was not one to be found in the books to justify such a prosecution as the present. ;'hen he said that there had never been a case similar to the present, he might perhaps exce p t one on w hi c h a ques tion arose, but not like that now at Issue, which was decided some time ago, and had been reported by Mr. Bingham. Mr. Bnoviticx was sure that the Court would require no apology from hint for making a few obsersations in support of what had been so ably stated by his Learned Friend. He would first direct the attention of the Court to some of the counts of the indictment, and then state what the verdict of the Jury was. The indictment consisted of eleven counts, but it was unnecessary to consider more than the three first counts. 'rite first count charged the prisoner with forging a deed, and set forth the power of attorney ; the second with uttering it, knowing i t to he foreisl auwatt u....autt4lic an . n or the Jury was not t Jury chargewas i tie popu lar o p p t u i -- that of vitt) , generally, but of uttering a forged deed, knowing It to be urged. O e n all the other parts so lar n i‘ e l f r a r ti w g l t l n is ritfal operation of' forgery, and therefore we i t ut a hage ro t n h,e G d. astuolv w .— ,e T ha h v e e v u e o rd e i v ct id o eu f of the i n dictment. " Mr. Mr. Bitonnicx ha a d n n d o fi o n bj d ec h t i l m on g t u o il t t a y ke the fact to be as his Lordship stated it. The object of the present motion was not that there should be no judgment, but that there should not be judgment of death. The second and third counts of thein dictment called the instrument ' 1 a deed." Those counts, there fore, must be taken to rest upon the 2d Ge 0.11., cap. 25, which e .„, or coup. terfelt, or cause or procure to be falsely made, forged, or cone enacts, that " if any person shall o f r al s s i e l l a y n n u la tt k er e, a f n or; gueb deed terfeited, or willingly act or assist in the false making, forging, or counterfeiting any deed, Stc." he shall be deemed guilty of fel°°Y; t e b tf o n c L es o? the Act e r2d G eorge II. ; t he 31st George 11. cap. 22, sec. 78, I : t e r r o e rp ly o . e r x a t t e io n u ti s e! the enactments of the Mr. Baron Oannow.--:That took place in iterringtowsc4e, Air. DRODRICE.—IIIs Lordship was right. The question then was, whether.the power of attorney, whi c h was cal l e d deed in the indictment, was e'lleea within the meaning of the act of George H. • He thought he should b e able to prose to detannetration- that the Legialature,had .not so considered it.. Th e first statute to which his Learned Friend had , directed the attention of the Court was the fhb of Gunge 1., which was the first of a series of StAttaelk designed forthe prot ec ti on of the stock of public companies, , That statute, how ever; c onthtted the capital punishment to ,time forging of, a p ower o f a t t orney,. find not to the uttering of one knowing it to be forged. That statute, therefore, was clearly not within the range of the pre- Bent indictment. Besides, that statute aptlied t o s t oc k vested at the time it passed, and not to stock subsequently . created. The statute of the 2d George,ll. -was that upon which the indict. ment was framed. His argument, then, was, that it was neces. sary to come to one of two inferene,es—either that the Legisla. tare, in the statutes which it had passed subsequently to the 2d of George IL, had employed unnecessary words, or 'that; in Parliamentary interpretation, a power of attorney was not in. eluded under the ! word " deed' in the 2d of George 11. If the Bank could have prosecuted under the act of, the 2d George It., it was quite useless to use the words power of attorney in the 31st George 11. Either it was necessary to suppose that the Legislature had committed an act of supererogation, or to come to a more rational conclusion, that Parliament did not consider that a warrant of attorney was cornrrellended under the word " deed," in the 24 George 11. There niiiPht he ad mitted; have been a conviction under the 37th of George 14 cap. 122, • which en a ct e d, " Th at if an y p erson s h ou ld forge or counterfeit the names of any.persons us witnesses to a power of attorney for the transfer of Bank-stock, he should be liable to transportation for seven years." Mr. "Baron Ganuow.—Not under the present indictment, which charged the'forging of the writing of the principle. Mr. BitonalcK.—lt was given in evidence that the names of the witnesses were forged. • Mr. Baron GannOw—But with what view• was that done? It was given in evidence that the names of the witnesses were . Tto b tl y l y e tso so h W e f in e l t i sh n a t g er r u ts w o n t i b l ' te ee t nn h et n e sis p b p ee r l d i e;v ht ai c ha i da p led t a forged in order to assist the proof with Tespect to the forgery of. l o c i tr u o l n ( t e a t: and bl.tieuleepnSonupnairliontpooveteidpseuottftohhAbaeriteesgenArsolmirssgu forged, could had prisoner have been convicted upon • the present indictment?-- Certainly not. It would then have been necessary to frame an indictment on the statute to which the Learned Counsel bade. litcled, and on conviction the prisoner would haie been liable to transportation. • • , • • Mr. 11110DRICK said he would not double his Lordship with any further observations on that Point. The 67th of Gee. 111., cap. 127, sec. 4, to which his Learned Brother had referred, alluded to the forging and uttering; 'amongst' other things, of powers of attorney for obtainin g seamen ' s wages . Why . 'did ' the Legislature make use of the words " power of attorney ?" They were evidently unnecessary, it' a power of attorney was included by the word'" deed" in the 2(.1 George 11. He again reverted to the proposition with which he had set out—namely, that it was either necessary to suppose thatthe Legislature had unnecessariiy:inade Use'irt• the .words, •or !that it did not con template that the 20 George, IL comprehended powers of at torney; but Only: instruments 'whfch might be immediately converted into. Money. A power of attorney might, to he sure, ha considered a deed, inasmuch as it was signed and sealed ; but it was ca re p all() value whatever. It was a mere autho. rity to another person to act... Ile felt that he had nothing fur ther to offer toll's Lordship's attention. Ile trusted that he had made his iarguirrent understood; and left It to his Lordship's Consideration, • ' Mr. C. Pm r.z.i riti followed on the same side. He observed, thataftembeliintwhich his 'Lordship had thrown out respect ing the signatures of the witnesses, he would not say a-word on that point, especially as his own op i n i on co i nc id e d w i th that which his lordship expressed. Mr; Baron Gait ROW hoped that, unless the •mind of • the Learned Gentleman was perfectly satisfied, he would not ab. stain from making any remarks, in consequence of what h a d fallen from him. It was his'hahit to make such observations, for the purpose rather of eliciting argument from Counsel than of suppressing it. • _ Mi."Puiti:ll;s said he perfectly agreed in thenpinion which the Learned Judge had expressed on the point in question..— The Learned Gentleman then pursued the eame line of argu ment which had been marked out by the counsel who had pre ceded. In order to prove that the instruments to which the. Sid George 11. applied were only instruments immediately con vertible into money, the , Learned. Gentleman stated that the statute, after reciting the word " deed," ended by saying, "or other securities for money." Mr. Sergeant BOSANQUET s a id th a t h e intended to oiler a few observations in. answer to the arguments which had been broughtTorward by his lion. Friends on the oilier side.; but he ;did 'not imagine that it would be necessary for him to occupy the attention of the Court long. kited been said that the pre sent prosecution cliiferedfrona others which•had been instituted, tigitinat persons who laid forged powers of attorney. lie could only say that the prosecution followed exactly the same 'form . whiali had always been pursued in similar asses since hehad had:the liont4ur of assisting the Bank. The prosecution had always been ibinided on the utterance of a forged deed. It was important, that in the very last instance of a similar prosecu tion, the cane of Mr. Waite, which had been adverted to by his Learned friend (Mr.'Alley), as having been reported by Mr, Bingham, the-indiciment was framed in precisely the sam e way as the present, with the differ ence w hi c h he would state.- 111 , Waite's case the forgery had been committed at Bristol, but the utterance took' place in' London, and he was tried for that offence in lliat.COtirt; It therefore was not necessary in Mr. Waite's indictment to introduce any'counts charging the forg ing of the document. The indictment merely charged the tittering of a forged deed, with intent to defraud the Governor and Companrofthe Bank of England, and other parties who might be interested in the deed. His Lordship well knew how much pains were taken, and how many observations wets:made by the prisoner's Counsel, and what patient attention the case received from • the Learned Judges ; but, after all, the unfor tunate person underwent the sentence of the law. Mr. Baron Gmkupw remarked, that one circumstance should not be forgotteh respecting the case alluded to—nainely, that all the Judges expressed their approbation of the very able manner in which it bail been argued on both aides in the Exchequer Chamber. ___ • Mr. Serjeant' BOSANQUET resumed.--The uttering of the instrument in Mr. Fauntleroy's case was founded on the 2d Geo. IL, but the third count, namely, the disposing of the deed, was founded on the 45th (leo. 111. , The 2il Gee„ll. ma d e i t a capital offence to forge a deed, or publish as true a forged deed. It had been argued that a power of attorney was not a deed within the meaning of the act. If a power of attorney was not a deed within the meaning of that act now, it could not have been so at the time it was passed. But he should be glad to know whether, if a person had been indicted on the Ad (leo. 11. for uttering a forged power of attorney, it could have been con tended that it was not a deed within the meaning of the act, be. ca pi e e aet u an s r nl went; e d e tra n ennl t cc‘ l i e thatet F ri e n ds d t f h so 1 13 lare arguments omission um . m l p . oeanwntwesraacst of. fr o h , nttd be g i n ning attorney.pe ag s u ppl i ed s i s n e nb d iyn w gt elo c i h e 2: i nB n idt a Lli d e c onor g i a t o contained no provision for the uttering of a forged instru.. e IL 'There was this fa llacy, ' which ran through the whole of his L that it bad been supp ose d t h at a power of attorney must neces. sariiy be u deed: A power of attorney might be given under hand, with or without a seal ; and his landship would recol lect,. that in the case which had been adverted to, of the King and Waite, the whole force of his beamed Friend Mr. CaluP bell's argument turned upon that distinction. Mr. Campbell AA/metaled, mat in that.• particular instance, it was a power Al attorney by deed, and that therefore it could only be revoked by deed. It had been contended that the 2d Geo. H. extended to 'deeds convertible into money, and it was said, that the words " Securities for money" followed. Those words did not exist in the Act. The words. which followed `, l Ylleeds" were " will, testament," and then the clause went on to promissory. notes, &c. Would any one say that a will was a' security for money ? It was clear that the object of the statute was to include all instruments under seal delivered. That the power • of attorney in the present case was an instrument 01 that description, appeared from the indictment, where it was set out as sealed, signed,' delivered, and attested by two wit.. nesses. Could It have been contended at the time of the passing of the Act of George 11., that such an instrument , was 'not within the meaning of that statute ? The 45th Geo. 111, made it a capital offence to dispose of, or put away, any forged deed, note, &c. It might not lie improper here to mention a circumstance which occurred in the adjoining Court not long after the passing of that Act. A p erson was indicted by a private prosecutor or uttering and publishing as true a forged bill of exchange. He ilid not remember the namestof the parties, for he was not personally concerned in the case. The 46th George 111. contented the words, " disposin of anti put. ting away, ' but not those of utt e ring and publishing, as in the 2tt George 111. He suggeated't o his Learned Friend, who was g defending the prisoner, that.the 45th of George 111., which only enacted the disposing" of forged instruments to be ca pital, should be taken to supersede - the %I George IL, and that the latter should be considered as no long er in , force. Hie friend acted on the suggestion, and made the objection. The question Wag argued bdore the Judgea, who declared: their nest. mon that the id George 11. was still in force, and that the effect of the 46th George HL was not to diminish the security-of the former Act, but, on the contrary, to extend the operation of the laws to a greater variety of cases. Ile was not aware that it was necessary for him to offer any further remarks. He must This Dax t was.published, . In. Three Volumes., 12mo. 215.. boards, 114 OTHELAN ; a Itoniance of the Engli sh l.llo Histories.: By. the Author of ".Annals of the Parish," " The Spitewife,'.' &c. Printed for Oliver and Boyd, Edinburgh; and Geo. B. Whittaker - Loudon. Of whom may be had, by the same Author, Ringan Gilhaiie, 5 vols. 12tuo. 21s. boards. The Spaewife,,3'vols. 12mo. 21s. boards. 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PRlci SBVI Npr cCI; repeat that the indictment which had been preferred against the unfortunate gentleman at the bar was precisely the same as that which wax alway*preferreet on charges of farging powers of attorney: The counts were in the usual form, wit oft the a t a r c o ts fc d ets o i n n e g b to y slightest variation. He was at a l oss to conee i Ve h ow it catild,he contended, that an in strument such as that get forth in the Indiet niiien, the p t b i e le re p gt a ir t tarly o s t i he gn d ed eet , s i e c a a le n d a e n i.m d d l e ,r l o i p v e ered rly * co : moreover containing in the last c l ause a covenant to make good sidered as coming wi t h in t h e meaning of 'the 2d Geo. IL He Was reminded of a' circumstance upon which he wished to make one observation. It had been said that the instrument set forth in the indictment referred to funds whiclihed been created-sub sequently to the passing of the 2d George 11. That' objection could not apply to the third count, which was founded on the 4,.th. George III.; but the effect of cheat: for consolidating the three per cents. was not to create a new stock; but merely to make new arrangements with respect to stock antecedently ex isting. The system which was thus newly arranged, com menced, as was well kn own , i n the rei gn of,Williarn IIL" • It was worth remarkinkthat in the case of the King and Waite, the forgery was committed with respect to the stock in queatiort.' Mr. Lew followed on the same side, and endeavoured, at some length, to support the arguments of his Learned Leader. He concluded by observbg, that 'if the statute of the 2d of George 11., did not applf . hk the present case, he knew of no other that did. Mr. ALLEY shortly replied to the observations of the Counsel for the prosecution, and expressed his co nv ic t i on t h at t h e obser vation with which his Learned Friend (Mr. taw) had conduit ed would have no weight with his Lordship. The Court would he bound, by the law of the case, iiithout regard to the manner in which its decision Might effect the prisoner. Mr. Baron °ARROW then proceeded to deliver his decision. The awful period had arrived .when, according-to the forms of the law, that unhappy person at the bar was called upon to declare whether he had any thing to sae why the eourt should not pass judgment on him to die. Th e Learned Record er o f the City of 'London, who by ancient usage and custom was the organ by which the sentence of the law• lees pronounced on the proper occasions, had unnecessarily—he must give him leave to say so, wh e n h e cons id ere d hi s . long experience and great learning—called upon him (Baron (:'atrow) and his Learn- , ed Brother, who presided at the trial of the prisoner at the bar, to be present on this occasion. He regretted that theshort notice which had been given of the intended proceeding had rendered impossible for his Learned Brother to attend and give'the Court his valuable assistance. Il e , h owever , regretted the chem.' stance' the less, inasmuch as he was not able to satisfy his mind that he could, with propriety; entertain the slightest doubt with respect to the question which had been raised.—„ , The law of England did not permit a judge to allow 'his feel= ings, even when favourable to the party- under accusation, to h fluence his judgment; but, thank God,it did not forbid him to feel like other men ; and if he entertained the opinion that the judgment of death ought not at the present' moment to 'be pro. nounced according to law upon the. u nfo r t unate g en t le man at the bar, he should hasten to declare that opinion, in order that, us far as his poor authority was concerned, the poignancy of his (the prisoner's) deep afflictio n m i g h t at l east , for moment, be alleviated. Ile owed it to his own feelings, and to h con sideration of the awful situation of thoprisoner, not to suite-that he entertained doubts when he entertained nen° ; by doing so he would only divert his (the prisoner's) mind from istChhject of infinitely greater importance than any which was piiising in that Court, even although it concenied Iris own interest,—an object to which the humane Judge who tried him invited his attention, and it was to be hoped, not without', success. He regretted that the interval occupied , in the present ,Inoceed ings (not improperly, for it was the duty of • the pr isoner' s legal advisers to catch at every thing which might iifferd a chance of adverting his sentence) should interrupt the cilitree of thought which he hoped and 'believett-the prisoner i4rme his trial had indulged in. It was a great tonsolation to him in de termining the present question, to know. that the prisoietlfar& did not depend on his very fellable' judgm e nt ; but- thatgown to the very moment for sealing the warrant for "carrying,. the sentence into execution,lf any doubts should arise ,tliginnts ot' the law-o ff icers of the Crown, they w o lild he guinuitifr.d to the united wisdom of all the Judges of the' edittitry: present only called upon to deliver his opinion with 're'speee 'to the•objection which bad been raised, and lid was lsotitid :Wetly that he entertained no doubts on the subject. The laW required that on the , face of the record, the Wile - ice with wiiitili.‘the prisoner was charged should, for the inform at i on of thrit'Olent age as well its of the latest posterity, be fully stated;' to `lti!ttify the coining judgment. The indictment stated, •that thitlOsen about to receive judgment, uttered, knowing it' to beliiked„ a power of attorney purporting to be executed by Fianees . Young. This was stated to •be in viol at i on of tire statute, which had provided . the punishment ~ of death for id who should utter any forged deed, knowing' . it: to be forged*,--, The forged instrument set forth in the indictment hiid till the formalities of a power of attorney.- It was 'sealed', enct ported to he attested by two witnesses; so that if it .hiel been genuine •it would have operated for the purposes f o r which was intended. It had been said, that the word " contained in the statute was to be undennood, not as applying' universally, but as limited and circumscribed to instruments of a certain character of which the present forged clocunkent was pot one. That argument had,' in his opintotbeen stifficihdy answered at the bar. It had been remarked, that the Court; would. not allow its judgment to be influenced by the irrehi4li,- ; lity of a prisoner escaping unpunished. Judges wer e b ou nd to administer the law as they found it, It' the law Would lute reach the offender, he must go unpunished, and the powels.of the law must be extended so as to bring futute'offendeni within its reach. It was the duty of the Court .to read the-law Mt was. .He must look to the Act of Parliament--drat was 'this text on which he was to comment—that was the rule by which his conduct was to be governed--the compass by 'which he 'YAW steer his course. He found, then, that die statute mentiotitlti• the word "deed" without any qualification. There was went,. cepdon in favour of a power of attorney. Not even i n f a V our o f life to a prisoner, did he dare to write those words in any atittnte it would be as unpardonable as to write in terms of blood . - something to aggravate his guilt. He could tind nothing in the arguments to convince him' that the Legislature hispeakingeitu " deed" m eant an instrument convertible into money.: He was fn.' deed at a loss to know what deed could be predicated as net con vertible into money. A bill on goods was convertible into money as 60011 as they could be sold. A building lease was --conver tible into money as soon ; for the moment the holder procures - ground and building materials he may sell it. Thole were in., laments, not convertible into money, but by some act to bo done by the holders of them. That was the case with the deed . set nut in the indictment r by presenting it et the 'kink, the prisoner 000/, stock was enabled to get into his own hands it was a deed as much convertible into money as any class of ; deeds which (veld be referred to. But what was to be done in cases where deeds were not Immediately convertible into money,?' would suppose e A was about to marry 11, with whom he re- ceivell a largo portion. When they married, the parties on tered into deeds of settlement, the effect of which was to keep the property , in the hands of both pa rt i es f or Certain uses; on the death of one party, to go to the other ; and on the death or, both, to go to the children. Could any one say that this was 4 ' deed convertible into money ; and yet would any one say that it ' was excluded from the protection of the statute? In short, irate., .present case were excluded from the Operation of the statute, o n kind of deeds would'be equally excluded. lie might have con-, n in to L t o h n e d c o u n n k ly nt e ) t w el i l n ev gi a t tented himself with stating that the question had already' been argued and determined. Ile alluded to the case of Waite. Mr. Waite was a gentleman practising at Bristol as an attorney. In. an evil hour he executed a forged power of • • attorney, authorizing a person in Londot i to transfer a quantity'. of emelt. The person in London believing the instrument .to. be genuine, acted - upon . it. ' , Mr. Waite was indicted, not for s i n ti m o t n r 7;o e s n e t to be lorged.' Air. Waite was etinvieted, and beyond all doubt b a u m t v fo ic r te i d itt ; er: jo n t g a t q h t e le properlyfginga witness, which was argued with great ability L'' ' 1 am en Otuerl by Mr.:Sergeant Besattqnetandthe Learned Mr Chbll • a 1 .TP e hu Judges would neverhave entertained such a question for a MO-' ment, with the fact attiring owia in the face, that • the amen which had formed the subject of the trial, was lat t war ' . ''' not deed in.O., contemplation of the statute. He felt hound - to say that his *OOl4 . • have felt no difficulty-or hatitatinai n _deciding againstihopoint. which had been r a i se d on sepal l fpf she priione Ile wol •. - conclude, that in delivering that ' * r, ' . lation in knowing, that, - that op i ni on, on, Int he experiencea canto te the 'latest period previous to the exe-' cation of the sentence (if I Id it ''' 'au bo tArneti bitty tacCutiaa),.. the Prisoner would have the b ' ' e client of the. united w isdom anti learning of those who presided over the adniiiiiitration of the law in ihis CCAllltry• 1 'lnc Rl:count:lt expressed his concurrence with the opi n i ou which the Learned Judge had pronounced. Mr. Fauntleroy then rose, anti read the following statement: "My Lord--t am well aware that no emergencies, how_ ever pressing —that no embarrassments, however great, can bsr .1 J. for lily to reign. 235 .....0 .....i.".4 '• 1. . 4$ Sd 5$ 4d ios od , 5 , od is , od oe ad 57. od 10+ Od .—. Od ----- r cwt• r c wt. r cw ►• 06 r cwt' r cwt. ft 104 gi Oa Of 0 4 Of oi Of ou • 704 iSt .• 16g _ 04 !AE l '' oJ. 10 • i 11 105 21 65 21 165 °3 0 3 64 ohi „, ,a 7 046 iril/g All4l 0: 14 ()tit' 10 4 ' ii (o 4' t? ••!-! BO' 0 SLI. rl4' I°t° 111 ) P P' i 4ll 4 f 1