The Pennsylvania ledger, or, The Virginia, Maryland, Pennsylvania, & New-Jersey weekly advertiser — Philadelphia, Pa., 1776-03-09 00:00:00, page 2

There was a still stronger case to evince the vali
dity of ecclesiastical sentences. A man had been
tried for the forgery of a will. The forgery was
clearly proved, but a probate of the will was exhi
bited and allowed to be a Sufficient bar to convic
tion. These cases operated strongly. They ope
rated, not only to shew that the trial so far from
bring as public, should be as private as possible, but
they gave tile to this objection.
" Whether, in point of justice, there should be any
trial at all?
(After a good deal more to the fame purpose, Lord
Mansfield) Moved,
“ That the said Elizabeth be tried at the bar of
this house, on Monday the nth of Dec. next, at
II o'clock in the forenoon, and that all the judges
be ordered to give their attendance."
Faffed in the affirmative.
HOUSE OF LORDS, December 12.
The report from the Lords committee, appointed
• to take into consideration the manner and method of
regulating her trial, being called for, when the firtt
revolution was read a Second time, Lord Mansfield
rose and opposed it; (the reflation fated, that the
parliament chamber, or house of Lords, is inconve
nient for the purposes of the proposed trial.) —His
Lordihip was answered by Lord Lyttleton. This
produced a debate which continued till five o'clock,
when the resolution was ditagreed to, as was likewise
the latter part of the second resolution, which orders,
" that the prifoner,foould the trial continue more than
one day, Jball be committed to the cuflody of the Lieu
tenant of the Tower.” The other regulations rela
tive to the trial, as determined on by the committee,
supposing the Dutchefs of Kingston Should be tried
in the parliament chamber, were severally agreed to.
Lord Mansfield then moved that the order for
proceeding on the trial, Monday the 18th instant,
Should be difeharged and appointed for Wednesday
the 24th of January next. This motion, as well as
the rest before mentioned, were agreed to.
fefed the right of adjusting every formality necessa
ry t) the' trial of Peers, and they were competent to
the exercise of that right in a manner most Suitable
to theirtycas. The King and Peers of the realm
formed a court judicature altogether confonate with
the Spirit of the constitution; but, whether the
trial of a Peer 'was carried on in the parliament
chamber., in Weitmiflcr-Hall, a church, or any
other spacious building, was altogether immaterial;
immemorial usage has veiled the choice of place and
time in their Lordships breads, if the trial of the
lady, whole indictment had given rife to this deli
beration Should be fixed in thathoufe, the Lord
High Steward would aft only in the capacity of
Speaker, the inter ogatories mud be propounded
titrough him, but he would have, in other refpe&s,
no authority whatsoever; he would give.his tingle
voice like any other .Peer.
The ascertainment ofitime and Selection of place
bck;g thus within the power of their Lordships, it
remained only to date the Species ofcrime alledged
againd the iady, the better to guide their Lordships
in their judgment on the^eccafion.
There were crimes for which (if on their arraig
nment Peers were found) the legislature had pro
nounced terrible punishments. Their lives were
forfeited topublic judice; their noble blood was
corrupted; their estates were either alienated by
forfeiture to the crown, or they efchekted to the
parties of whom they had been held. Such were
the punishments inflicted on Peers, whole offences
were of the capital kind. For the trial of Inch of
"fenders too public, too aweful, too ceremonious a
mode could hardly be adopted. For the Sake of
example, this was necCL^y , ^or the fake of terror
it was perhaps nfeful. But with refped to ^he^as
before thrir Lordships, it was a ca&mor, of Big tty
but Polygamy ; it was a clergyable offence. TWe
indictment was instituted, not <eallyat the Suit of
the crown; it was the prosecution of private indivi
duals, they were of a public nature, which the At
torney General, as an officer cf the king, and ml the
public, had a right to take cognizance of.. He
might exercise his diferetienary Judgment in deter
mining wh it Should and what should not be fubfecl
cd to a iudicatcri.il tribunal. This would not^p
ply te the case before their Lordships. The Attor
ney General had not in virtueof his office taken
cognizance of the fnppofed offence. It came sim
ply I efore their Lordships as a matter, although of a
criminal completion; yet entirely of a civil nature.
It.was connected with their disputes about property.
The indictment was to be pursued in defiance of the
Sentence obtained out of the ecclesiastical court,
which sentence to this hour remained in full force;
no attempts had been made to invalidate this sen
tence; nor had the decree affirmed by the court of
chancery, grounded on that sentence, been argued
from. This Should Lem, as if the lady's opponents
were too conscious of the force of the sentence,
to attempt an invalidation. They might be justified
in this apprehension, for the noble Speaker himlelf
had determined a case, wherein a gentleman of the
fame family with the Earl of Bristol [The late Sir
Thomas Hervey] was concerned. It appearing by
a sentence of the late ecclesiastical court, that he
had been married to a lady who claimed him as her
husband, a verdict had been given on the ground of
that sentence.
Lord Dudley moved 1' at the Lords be Summoned
for Thursday next,'t ..e into consideration the
most proper place for Elizabeth, calling her
felt Dutchefs Dowager ; Kingston.
December 14. A motion was made by Lord
Dudley to refeind their former resolution for having
the Dutchefs of Kingston tried at the bar of this
house, as being unprecedented; after a debate, carae
to a resolution to have the trial in Westminster-hall,
and the necessary preparations to be ready by the
24th of January.
In the debate in the house of Lords on Tuesday
relating to the place of trial of the Dutchefs of
Kingston. Lord Lyttleton said, that he considered
tlie offence of so attrocious a nature as to affect civil
Society more than many-other crimes, which carried
at hid view a blacker complexion. The trial ought
to be as public as possible, out of refpgt to public
justice; the expence was no objeri; Weftminller-hall
was tie pioper place; liis Lordship hoped Sincerely
that the matter might be lifted to the bottom;
the line of peerage might be affeded if fucli enor
mous crimes were Suffered to go unexplored. If,
Soi indance, a peer and his wife should coliufvely
agree, the one one to institute a cause .of.jadit'ation,
the other to remain silent and wave his claim; the
lady might afterwards be wedded to another peer,
and if She Should have children by both husbands,
the legal offspring would be bafardifed, and the
f^rsous issue would lay claim to the honours and
estate As to the punishment annexed to the pre
sent offence, it was far trom being of the trivial
kind. A solemn censure, puffed on the criminal by
the Lord on the woolsack (the Chancellor) that of
itfeif was grievous, and although the felony was
'clergyable, yet that altered not the intrinsic nature
'' ^ ^ energy interfered to save from corporal
puniihment, hid the off; nee which called for the
infliction of ?*.n punishment was equally heinous,
and as far as exposure would go, the criminal Should
at lead endure the exposure of a public trial.
Ihe Lord Chancellor al 0 infilled that it was a
crime oi the blacked dye. The punishment also was
great, for, if it Should come eut that the sentence
01 the ecclesiastical court had been obtained by col
lufon the offence would be aggravated. The per
sonal efface oi the offender, the Attorney-General
might think fit to claim, in behalf of the crown.
The benefit of clergy could be allowed but once,
and who cou : 1 answer for what the criminal might
be charged with after the firft conviction? As 'the
iady was now in an ill date of health the Chancel
lor was for postponing the trial. ' But a day Should
be fixed that the public might know the house would
not Shuffle off the affiir.
^s;%*^^^'£^ I*J # <& #'^^^t&
a/n account oj what pafed at the J/d Bailey, n the
trial of Mrs. Margaret Caroline Rudd, on Fri
day the Bth inf.
I ' HE avidit y of the public to hear this trial was
£ Such, that the galleries were crouded soon af
ter day light. A little before nine o'clock the Lord
Mayor, Judges, and A dermen being assembled, the
Prisoner was called to the bar, and the bufinels was™
opened by Mr. Judice Afton's acquainting the pri
soner with tlie opinion of the Judges respecting her
cate, which he did in an elegant Speech, explaining
the reasons on which that opinion was Sounded,
which, in brief, were, her not having disclosed the
whole of what She knew respecting the forgeries.
She was then indited for forging a bond of 5,3001.
(penalty i0,6c01.) as trom William Adair, Elq; to
Robert Perreau, with an intent to defraud Sir Tho.
Frankland, Mdf Drummond, and Mr. Adair. Mrs.
Kucid said, Chough my attendance here as a witness
offered the means of making me a prijoner, as the
majority oj the Judges are 0/ opinion 1 ought to be
tried 1 mos cbearfuH,fu^mit to that trial, and plead
Lot Guilty. She was a second time indicted for
a forgery tor 60001. a third time for 3100!. and a
fourth for 75001. She was now told, that if the
chose to challenge any of the jury it mult be be
fore they were Sworn; but She made no challenge.
A chair was ordered, that She might fit when She
thought proper. Mr. Lucas now explained the
indictment, expatiated on lier pretended friendship
with Mr. Adair, and her Skill in different hand
writings. Mrs. Robert Perreau being called as an
evidence, Serjeant Davy asked her, if Mrs, Rudd
should be convicted, whether She did not think it
would lead to an acquittal of her husband? bhe
replied, that ' She hoped her husband's innocence
would appear. Ihe council infilled on a positive
aniwer to this quellion, when She laid, “ she hoped
it would tend to acquit him" He then objected
to her being admitted an evidence, as She was in
terUted in the event. The next council infixed on
her inadmissibility, for the plain reason that an evi
dence should " not be Subjected to any temptation
to falfuy." Mr, Lucas, on the other fide, argued,
that it would be impofiible to convi& any offender^
if perlons who had an advantage in Such conviction
were denied to give evidence; and mentioned the
cases of accomplices who Saved their lives, and per
sons robbed, who recovered their property, by the
conviction of the offender. Judge Afton said. Ro
bert Perreau was not convicted of publishing the
bond in question, but for uttering another; and he
saw no objection to the competency of Mrs. Per
rcau s evidence* Mr* Barron Borland concurred in
WILLIAMSBURG, Feb. 2 &
We are informed, that on Monday last the Hon.
Richard Corbin, Esq; came to this city, and the
next day, with the intire approbation of the com
mittee of fafety, continued his journey to Norfolk,
with intention to go on board the Dunmore, to
have a conferrence with Lord Dunmore, on the
fubjeft of a letter his lordship had written to col.
Coi bin, cantaining some propositions to negotiate
an accommodation with Great-Britain, and to re
ceive letters which had come from London, and
were to be delivered into his own hands.
The Mercury frigate, capt. Graham, (formerly
Macartney, who is gone to England) having gene
ral Clinton and Lord Percy on board, and two
transports, with between 3 and 400 troops, chiefly
light infantry of the 4th and 44 regiments, and a
number of officers .belonging to the 16th and 40th,
besides Some engineers, are arrived in Hampton road
from Boston; since which they have been joined by
the Kingfilher, and four or five tenders, who now
lie oft Hampton, and it it i> supposed are bound up
Potowmack, or for North. Carolina, where some
disturbances have broke out among the people who
lately styled themselves regulators.
Commodore Hammond has given orders to all
the navy officers to cease firing on our sentinels,
or Small parties, on pain of being broke.
It is said that the troops with Lord Dunmore, to
the amount of 500, are intrenched at Portsmouth,
and that a considerable number of our people are
intrenching some little distance below them.
By Mr. Hancock Lee, lately from Kentucky,
we are informed that the Indians have scalped two
or three white people on the Ohio, and that the
commanding officer at Detroit offers them io l. for
every scalp. Capt. Neaville, at Fort Pitt, writes
his friends in Frederick, to the lame purpose, but
fays the reward is 501. a scalp.
The gentlemen of Alexandria have got down the
cannon from Winchester, and are putting their
town in a posture of defence.
By yferday s Pof from the Eafward <we have the
following intelligence.,
W O R C E S T E R, March 1.
We are told a gentleman who came out ofßofton
last Friday reports, that the enemy have taken
away their mortars from Bunker's Hill, and carried
them to Boston; that a council of war had been
held in Boston ior Several days; that General Howe
had advised the Mandamus Cotinfellors to go to
England, and the tories to leave the town; that all
the yeffels in the harbour that were not in the King's
Service, were taken up to transport the tories and
their effe&s; and that it was surmised in Boston,
that Should another battle ensue, and the regulars
be defeated, .they would let fire to the town, and
remove to Some other part of the continent.
Wednesday last, Wallace and his fleet went down
the Bay to Rhode-lfland, on winch they gave
him a cannonading as he palled, and on Saturday
he retained again, when they paid him the fame
compliment.
Extract of a letter from Montreal, Feb. 19, 1776.
C a pt Giaham of the Second battalion is just
arrived from Quebec —nothing very material, but
that the blockaue is kept up compleatly, and fre
quent delci lions from the town: 1 am told they
have been teen to break up the veffls in the har
boui foi file-wood: 1 his absolutely does great ho
nour to General Arnold and his little party, how
ever they will now get ease, as troops are coming
in pretty Salt; one company of Pennsylvania troops
arrived yesterday with some American mmufadured
Gun-Powder, and many of the New-England vo
lunteers. We now have, I imagine, about 1500
men before Quebec, but before tlie reinforcement,
arrived, the blockade was kept up witli about 500
men, exclusive of a ftw Canadians, in whom little
or no dependance could at that time be put, nor
indeed-at any time, without a greater force of Con
tinental Troops."
We hear by a Gentleman from Rhode Island,
It is a prevailing opinion that Something extra
ordinary will turn up in the course of a few days.
N EW-Y OR K, Marc^ 6.
We are informed by a Captain of a vessel from
Rhode-Bland, that last week Capt. Wallace landed
his Marines on Conanicut in the evening, and be
gan to burn the buildings, but being discovered by
one of tlie Centinels, a number of our people con
cealed themselves behind the walls and fences until
they came near them; but the commander think
ing it unlan to file 011 them without giving tliem
notice, called out," WIIO comes there," when he
heard Wallace order his men to make ready, upon
which our party instantly fir d among them, and
killed and wounded 30 of Wallace's people; among
the slain was an officer of Marines, and the Drum
mer who was killed by Wallace's fide, which was
plainly Seen by the light ot the houses on fire.
1 hole that were not wounded of Wallace's party
reti eated on board the Ship with greater halte than
they landed.
opinion, observing, that her interest in fheeonvi&L
on of the prisoner, though it could not deftroy'the
competency, yet might possibly lessen the credit of
her testimony with the jury.
For the remainder fee the las page.