The British Press; or, Morning Literary Advertiser.
London, England, 1808-07-27 00:00:00

DUDLEY, JuLT 111.
• (*CRT OF ILINECs BENCH, Scam ic

The GOYEKNOIt3 eyed CAM PANT of the BANE 9,
lasLasa, h, Imlay )'ALONE.
Mr. GREW( opened the pleadings, by saying,.
in seastance, this was an StCtloll to recover from the
Deft:ideal, who was a Clerk in the sank of Ire.:
hod, the atrioont of his hoed for.the due perform-
sauce of his duty in the situetient he filled, having
forfeited the sum, by which he was hound, through
woes of coal-practis+s, and absconding from the
• venire of his employees. To this the Defendant
put in two pleas, the one non est faction, or that he
did oat pass the alleged hoed, and the other, if be
• did, that LW VA.% at nonage at the tone of perfect-
iug it. lloth issues were joined.
Mr. SO LICITOIViILNEttAL stated briefly a few
leading circumstances, a hich referred to a former
transaction, on which the Defendant PISS criminally
.mprosecllted. The Defendant bad the good fortune
:to have heen acquitted on that trial, or, at least,
ettmnsebthe tleiueircy of the laws, to bare escaped
capital punisl at. But es the Governors of the
-Sauk of Ireland did itot, *tough that acquittal,
feel themselves recompensed for the alleged de-
falcation in their fends, -and the presumed etubez-
alemeist of near 3,1001. by the Defendant, while in
their service, mid a precipitant elopement
iu cou-
eme•heetner. without any u'tempt to account for his
conduct, they, in justice to themselves. and to hold
.at salutary example, in the way of civil
penisit-
intent, to the community, but particitlerly to time
utinteroul confidential persons whom they must of
eteceseity employ, were trichioetl to bring this'ac-
- ties to recover the penalty by which tire Defendant
lisel bound himself to act with the strictest inte-
grity in the department allotted to him; and with
unqualified attention to the iaterest of his employ-
ers. however, he thought proper to' put in the
.atilea.uf minority egainst the ordinary proceediugto
*office, the penalty in his bond, or that he -wan, in
the language of the law, an infant under the age
•of el years, when lie executed the bond, if tier
cited at all.
Mr. Sotto-roe delicately said, that he would not
• trespass on the time of the Court, by animadvert-
ing on •the native of the moral principle which
,guided the Defendant in.this uticomnuma species of
defence. True it was, that hi* clients,' (ram the
reconanteintatione of the -young man at entering
their service, and the sicuritiel,with which they, at
that period, conceived they had safficieut Teasels to
be satisfied, were not scrupulously eiact about in-
quiring into his age, and therefore the proof of that
circumstance, on winch he rested his defence, which
is, whether or not he wasn't *lucent or an adult at
the netterif eueentine the bond; must almost exclu-
sively depend ou the stature of the evidisuce to be
adduced by the kindred, or those collateral proofs
with which be ituderstoed the Defendant aSected
to bare been well prepared, which certainly, whe-
ther etroier or weak. a matter entirely.for the con-
videration of the Jury, so fur as regarded facts,
were evidence esliniwable, if retained within the
surer limits which the law prescribes.
• The bend was preyed by the subscribing witness,
who was. not &equal:teed generally with the baud-
welling sof the Defendant, bat saw,lsisi, however,
execute the hand iu the year laot, Which. is coo-
temptation of taw, left hint an infant of the age of
'eighteen 'Telenet that period.
Mr. HEN KT Pease GRADY, in the defence,
glided, that his cheat, a young man of considera-
ble talents and utiquestiouable fidelity to his em-
ployers, as the verdict of a Jury clearly illustrated,
wader that eiriditue and irrevocable principle of our
laws, which says, that however feasible the allega-
tions against a culprit—however capricious, or ob-
einusly well founded, the mode adopted to prose-
cute him might possibly be, oil acquittal by his
'Peers, a Jury of his country, he becomes restored
to that community, as isitiocent as any other new
in the community, against whom no charge had
.ever been preferred. Thus circumstanced was his.
clientat this moment, yet coerced by the civil hies
sif the country, as if the allegations against him
'bad been proved, and imputed crimes- blasoned
with all the aggravating exaggeration, and hyper-
bolical display of professional- declamatioo, which
the chntieted crimes of the most atsateloneil
uus-
eteant.could alone.sustain. Much he respected
'the Le its
Solicitor, highly convinced as•he was
of that superior 'delivery ot snivel, which taught
him ihtultivety to tread lightly on the premature
vigtiuss of imputed guilt, and to .cal charitably,
• at the crisis of life and death, with these *tend-
ing before the awful Tribunal of Justice, still he
must say, however supported the Learned Gem-
ilernan might possibly tie, under the instnictines
be reisived. yet as uo proof had appeared oT,his
Clieat'ss guilt, no taint could possibly attach to bins
in point* of honour or antratity. by seeking refuge
'tinder the merciful laws which it was not proved
Jar had violated; sad in erdet to realm himself
,eitmas iafeney, he tines his firm foot upon a fact, that
sof ts unt/. when the supposed bond was executed,
V fie, of which the best possible evideuces would
• !le arlduced-rsuch as the &smous testimony of the
;Toni mother who bore him, with substantial colla-
erishavest by her oeiglabours, and a very strong
testiniontet by so exemplary Clergymen. under
whom he received. a moral and pious education.
* Won" mother, a widow. and resident of the
.wear
of Trim, proved that he was lota its time
F7t 4--that he was ten years old when his
„father dicd—she hag other children, ose a married
*lighter; she produced a 'drool medal ia the
en year Ude), which did credit to the boy's capacity,
.frorn the Rev. Mr. Robinson—it also niesitioud
7 :11ka, age, as did two other 'medals iu the hands of
)te. jirtchesals, ao Agent.
A Mrs. Catherine Smith corroborated the tee-
' many of Ilisioae's mother.
Alter moue iageniour ettentpte by the Plaintiffs
Contend to eiesereeht. these witnesses, and prose owe
•ref the menials, at. least. a forgery. and annul the
piss erebeek reisishl of Malone's Lirth, with his bro-
ther's sod sister's, they gave up time motet., s hitch,
- if perometeJ in, Mr. Robinson. the Clergymen,
'who educated Malone, was present to supposes--
i.e.-4kt fee the Defendant, with costs.

treer or tICREQUER, DrEUN--Jesv it.
ta.umrs DROSHAIOI.I3 T. THE PllO4lll riaa•ts-
- asaaact; COMPAIIT.
'Tai.•-as art action brnist;lit, ik henP. the clarn::.g.s
were 61.1. it ylll. Fie aliegeaL laaea aurtswed

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