The British Press; or, Morning Literary Advertiser.
London, England, 1824-11-03 00:00:00

NEW COURT.

MR. FACNTLEROV.
Areeteedsy it wee notified to the !tee ,ter, while Fresher in
title Court, by the Counsel for Mr. reunite-toy. that they intended.
on his being Weight up to recite sentence. to move an arrest of
judgment. Messengers were therefore despatched to inform the
Judges, of the circumstance, their labours bating terminated with
the trials lest evening. as it was absolutely necessary that they
seetild be isr*ent, to decide upon the points of law raised in Mr.
ferrate. At eleven o'clock, the Reverie, gave notice td the
ettlicees of the 1114 Palley, that he shnuld, contrary to the aural
eustom, pair the sentences on the convicts in the New Court, which
Is now mote cepacioe then the 1/14 one. After the trials were
*nein the GM ('met, it continued to be thronged, ns few persons
were let Into the secret, and we noticed many respectable persona
anxiously waiting, with the hope of seeing Mr. Eauntletoy. At
twelve o'clock the New Court was crowded to excess, and the
bereft arid her were filled with persons of tomb and character. The
ye:Bfeet anthem was manifested for the arrival of the Jedges.
Soon after twelve o'clock the Recorder appraised on the bench,
pmereded to pees sentence on ell the prisoners who hail been
teued guilty during the retort Seeeions—exeepting Mr.Fauntlenm.
H. Ring. H. Mir:vowel., J. Ilmniley. J. Coroolly, J. Cook, O.
Semler, fietelner, .A nn Jefrerim, T. Martin, S. Smith. W. Lane,
Frederick Biddle, and John lnnca, were sentenced to be transported
fir %errs yenta.
John Loyd, Samuel Brown, John Smith. alas Brown, William
lloghes, alias Ktlwartls, 1. Wright, I'. Itobineon, Catherine
I. earehy, and II iehard Elliott, were sentenced to six mouths' ith-
prisovnient in the House of Correction, and hard labour.
llosoesret Rerlow was sentenced to he transported for life.
George Hunt, Ruth Mimeo, and Ebenezer Fraser Mourn. wete
sseteneest to he transported far 14 years. Hunt said--" Thank
you," to the Recorder.
William Hampton, for misdemeanor, was sentenced to be trans-
ported for seven years: William Catlin. for titiederneenor, way
ttedee.ed to be imprisoned three months in the !louse of Correction.
am! hard Moor: Thomas Speteer. fnr a like offence, was sentenced
to three months' imprisonment. and to be whipped In the gaol.
Phillip Burhanan and William Keys ware sentelimd to one
e far's smErisonmeet end hard labour.
V. ha :man. James Hamilton, Thomas Edwards, Ann
Peat h. Mathew Johnson, James Barker. henry Halt, James
-inkint., Charles l'ar, Samuel IMpree, John doves, Wm. Corner,
leteter. Ridout, and Richard Horn, weresenterced to be transported
Sr seven) ears.
The juartent at Keeffe was respiteil till Well seeders,
%Vas. R ackwell wit ordered to be impromisti one year in the
Heine of Correction, tied kept trahard labeler.
Edwanl Carter, 11'm. Briggs, Georg- Crown, Thos. Craven,
Fie”re Near, Wm. Jones, Edward Whitfield. Mereen t 111e:icy,
a- t! Weltard Cook, were sentenced to he traneported for 'even yearn. ,
Oeurge Brooke and John Brooks, to be intensoned for one year,
send kept to harp labour.
John 12.heesentin., to he publicly whipped, imprisoned fur six
enooths, amid kept to hod 1..5.n.y.
John Daltiell, to be whipped in the gaol, and ireptisoned a
week.
John Oven, to be whipped privately, and Imprisoned a month.
/amen Brooks, to be publicly whipped, and imprisoned far three
menthe.
Mar Ann Smith and Ilenry Barnard, to be transported for life.
y
W. Matson and flannel, Barry were sentenced to fourteen years'
tratemortation.
Thsetv-two prisoners were sentenced to different periods of ire.-
peitwom'ent and hard !About, from one week to six months, in the
Nome of Correction.
This duty concluded about a smarter past one o'clock.
Tire Clerk of the Arraigns then asked the Recorder, whether the
only remaining ptiveiner, Mr. limey Eauntleroy, should row be
placed at the her.
The P ZCOUIirR replied, I cannot proceed till I have received en
answer to the communication which I bare forwarded to Mr.
Jetties nark. 1 expect it ricer minute.
Mr. Hsu at T. 11, the prisoner's Attorney, then entered the Court,
and had a Mier rommuniention with 31r. Sheriff Brawn, and aft -
warde with the Counsel. Mr. Alley. and Mr. C. Phillips.
At a quarter to two o'clock, it was understood that. Mr. Justice
Park's answer haul been received, stating that he derlieed st•
feinting. Ile said, no round weestnted for requiring his rotendance,
attd therefore to comply would be to establish an incuercnient
precedent.
After these proreedinee were concluded, a patter ensued, and
attain two o'clock Mr. Hiroo Geenow arrived, and tout his seat
en the Bench.
On the tnetion of Mr. sAt.i.nv, the prisoner was placed at the
hie, end on being asked ohm he had to bay why judgment of death
should oat he pronounced spinet him,
Mr. ALLEY stated to the Court that he bad something to nem,-
.n arrest of judgment. Ile was sorry tnat lie Limlshre shoitltt
lame been called on a sudden from his private affairs, and that too
in a ease like the preseet. where—
Sir. Reim Oall ROW begged that the learned Gentleman weeild
net 'mete the twentieth part of a minute in nicking such apology. It
wee his duty as a Judge to attend here, and receive whatever the
segeutney of Counsel could suggest in favour of the life of u feline
Arestere end a client : and God forbid that, as a Wan as well as a
Judge he did not fully share those feelings.
Mr. A Lett' was sure that those were the feelings of his Lord_
slip's generous mind. To proceed then, his lordship was perhaps
mime that the defendant was not convicted generally, hut ova that
*rant which .hertyvt hires with fingMe and uttering a coetsin deed
called • power of attorney. Now. in his view the theme shelti!
hen Inca more permit, and it ought to hare 'smeared that the of-
fietee charged was the uttering a forged deed for the purpose cf
tusking away with certain stock. Looking at the Arts whieh ware
passed for the protection of property, these were certain of them
oented expressly to make that a capital offence, which wee not so
before the Bth Geo. I. Intrere the 211 Geo. 11. the forging a deed
was ore a eapitel offence. zed perhaps it arose front the eireum-
etaace that our ancestor, me: not in want of that quantity of eireu-
latiog medium, which the people of these slays fourd neremery.
By the gth Geo. 1. it was made a capital off', Ace to forge any letter
of ettonicy to sell or convey any stuck or puttlic security, or to forge'
the Ignite of attesting witmeaes to any such power. That was the
terrt Act framed to protect the flank of England, and h: contended
that limits the provisions of that Act a capital judgment email not
be sow pronounced in thin case. lip a subsequent Ac: the tlit, Geo.
IL ch. 7, it was made a capital offloce to forge any deed or dente,
will or wills, and other deeds, but it was totally silent on the sub-
nee of powers of attorney ; and its ernvieions were afterwards ex-
tended to curpontions, there being some donht as to whether they
wore included within the meaning and protection of the limiter Arts,
Rut three Acts Were never intended to protect instruments like that
wbieh was now in question, and, in fart, it could almost be demon-
, crated. that they never were meant to extend to eases of this ea-
nue. The Act under which the court in the iedictreent here was
reamed, and upon which his client was found guilty, said nothing
.eniftt powers of attorney, though it did about the forgery of deeds,
si4 unless a power of attorney were held to he *deed, a capital
jAnuent could not be slow pronounced—nor. perhaps, any judg-,
meat whatsoever. Next came she Act of the linth tine 111., mak-
rag the forgery of a power of attorney to receive a seaman': wages
a capital offence; and he asked, wotill that Act have been rendered
necessary. if, by the td tieerge 11., the forgery of powers
at°flow-
vivid be oseouted and capitally convicted lie answered in
pr
the negative, and sto far had the authority of the Legislature for say-
ing. that they made a distinction between instruments termed
't devise" n powers of attorney." It wee only on the ground
that the power of attorney was a •• deed," that the defendant was
couvieted in this case ; and there being an obetous difference simile
Iteivnen them -by the Immelsoure, nn judgment ought to billow.
'Me law by which the 3 pert tem. Consols were protected, wee sub-
selneet to the general Acts lie had referred to ; and it was quite
clear that the Legielantre could never have anticipated the protee-
unit of a specie of document used in the transfer of aspects of pm-
party, or :stack, which, at the time of (ranting these Acts, had no
esistenes whomever. The instruments contemplated by the be-
gsalature, and the fiwgery of which sobjeeted the offender to capital
plitiatulaCill, Myst bare bezo sucb inStrutuunts as are, pose, a va•

luable security, convertible into cub, and not a power of attorney,
which was only an authority to do a something, and which, per se,
wee worth no more than the value of the paper on which it was
written. The instruments contemplated to be protected by these
Acts, were bonds, which, on the fare of them, were valuable ; pro-
missory notes, in like manner—hut not powers of attorney, which
were altogether a difli rent class and 'petits of instrument.
Isle. Baron GAR now (perceiving the prisoner teweeffer severely)
—This (ientletean was in very ill health when I.last saw loim—Ee
cannot have improved since, and if be wish for • chair let him
have one.
1.1 chair WlSsent foe, and the unhappy prisoner seemed highly
grateful for this act of humanity and kindness-)
Mr. ALLEY Legged also to thank his Lordship for this mark of
kindness, and proceeded with his argument. The securities to be
protect..ol by the Ares he had cited were bills and matters of that
'class ; but they could not he ermstruett to trend to powers of at-
torney. He had before alluded to the Act passed for the protection
of powers of attune, for receiving seamen' wages, and from the
penal of George 11. to doe present day, during which time many
new securities were crewed ; Iry again asked, if the 57th of fiemge
111. would have been passed, had the forgery of powers of attorney
been punishable by the 201 Geo. 11., or by any former Act, but Far-
! unduly by the 2d Oeo. 11., under which that count of this indict-
, ment was framed, and upon which count the defendant was con.
view!? To suppose that the Legislature did not attentively con-
sider these matters—to say that the great lenw Authorities who
framed the Mai Cleo. 111. wore not aware of the state of the law,
as to powers of attorney, as regulated by former Acts, would 1 e
quite idle; and yet bath must be supported end said, if the con-
struction he was then endeavouring to establish did not prevail.—
In other mesa personating. the Bank of England had proseeednl
dottetently . • the course they then pursued vsried considerably frost
that they have now adopted. tionecitooes they proceeded for per-
, sonating—so:r.etouies for forging dividend warrants—sometimes
for one thing, and sometimes for another; but till now he never
found s protect ore like the present, excepting perhaps one case, de-
cided some time ago, and reported by slr. Bingham. (We believe
the case alluded to is the kirg v. Wait.) Upon these grounds he
submitted that the capital judgment could not be now pronounced
upon the defendant.
Ale. BnonsEtcs followed on the same side, and called the atten-
tion of the Court to the number of collets in the indictment, which
conosisted of eleven; hut it was only on the thud that the defendant
was fional guilty. The three first cows laid the uttering and
forelooe ; the then next the irtent to deft-sold ; the three next to de.
fraud other persons; the tenth, the prey ision% of the Act of Oeo. 1.,
and one ether ; and the verdict, was generally guilty of uttering a
forged deed.
51r. 'farm GAIROW —1 tnke it to be that the Jury said, we have
no evidenec of the manual operation of the • tete ; and they found
hint generally guthe.
Mr. Bit on,: t ClE—Our minion in arrest is, not that no judgment
should be pronounced. butt not jonlionent of death. We do not con-
tend tloat there is toot a statute toluking the offence of the defendant
transportable ; but we du, that under the Act it is not punishable
with death. The third count of this indictment calls the forged in.
etrument a deed, under the 2d Geo. If. e. 1.5. That statute cer-
tainly enacts. that if any person make or forge any deed, or utter
it as true, his obi nce shall he a ea;oital felony ; acid that Act was
extended by 31st lien. 11. to cerpoorations, • doubt having existed
se to whether they were protected by the 2tlGm.
Mr. Baron OMISIOW In consequence of .111 r. Harrison's case.
Mr. BoonznicE—The question here is. is this instrument „a
deed" within the Act 2d Um 11. ? The Bth fie t. 1. was one of a
clam of statute* relating to the stocks of public companies, and
milers were since con:Muni down to the present time; and his ob-
ject in mention ing this Act was to remind his Lordship that its
provisions di' not extend to cal v of uttering forged powers of at-
torney; that Act applied to stocks then existing, and a doubt arose
if it extended to storks created since. The 22d Geo. 11. re-enacted
that, and extended it, so as to protect all the then recently created
mocks or public securities. Either then the Legislature used use-
less words, or they gave an interpretation to the word "d: cal" dif.
fereat to that of " power of attorney." The Bank now proceed
upon the 2d George 11. eh. 25, r for a forged " deed ;" whereas,
it is net 1.11 22 lien. 11. that the enactment came relative to forged
" letters of attorney." If, then, the "forged letter of attorney"
were lobe eumprised under the term "deed," it was useless to pass
the 22d Oeo. 11., if, as relied upon, it came w ithin the 2d Oect. 11.,
under the class of dents." The inference from this was obvious,
namely, that the logislntore considered " deed," and "letter of
attorney" as two totally distinct matters ; and if so, a conviction for
forging a t0,,w0.r of attorney order the Act, only speaking of, and
dealing with deeds, could not be supported, and of course judgment
of death not pronounced. The 31st Geo. 11. made the forging
of a power of attorney a capital offence ; the 4th Oro. 111. ex-
tended its provisions; and where wits the necessity of all that, if
persons were punishalole for forging such instruments tinder the 2(1
Ueo. II.? By the 37th Geo. 111. ch. 122, judgment of transporta-
tion might be pronounced opt persons guilty of this offence; and
under that Act, the forging the names of attesting witnesses, sub.
japed the forger to a specific punishment; and the 37th fleo. 111.
tended to enrifinn the view he and his Learned Friends hail taken of
the wide distinction between the terms "deed" and "letter of at-

torner."
Mr. ltaron GARIOW—That Act provides that the uttering a
genuine instrument with forged attestations, renders the person who
duos so liable to transportation ; and here all the counts dodge the
disposal of the forged power of attorney. I wish to reduce this
argument to something like common sense; and if I have not for.
got a great deal of what I once knew, 1 can say something of the
manner in which an indictment, charging forgery and uttering the
forged instrument, should be drawn iip. Suppose it were ehewn
that Miss Young was inilu:cd to put her genuine signature, but
that the names of Watson and Tyson were forged, could the forger
be convicted antler the Act you have spoken of? Certainly not.
Mr. Itaonesitcs—My object its noticing this Act of Perlis.
Oent was to thew that the Legislature had distinguished between
deed and letter of attorney; and the general presumption to be
drawn trout the consideration of the different AIR% of Parliatnent
is, that the Legislature considered a deed to have sonic intrinsic
value per se. hut that an authority to do some subsequent act,
though signed and scaled, had none beyond the value of the paper
which it was written. For these reasons he agreed with his
Barnet Friend, that the judgment of death could nut in this case
be pronounced.
Mr. C. Pitt,. t I in. nn the same side, observed, that he could add
but little to what was so uhly urged by his Learned Friends.
After the opinion thrown out bf the enurt-
31r. Baron liAanow—My object in interrupting at any dint' is
to direct Counsel to a partieLlar point, and to press that point with
additional reasons where that can be done.

Mr. C. PintLtra—The conviction here was, for uttering a
" deed," knowing it to be forged ; and the question was, could a
power of attorney be considered a deed, an instrument which must
pr ;true fOrie be convertible into money? Again, could a power of
wtorney be said to be a security for fluency ? Ile thought nut, and
he was supportril in that opinion by the different Acts of the Le-
cielaturc already referred to by his Learned Friends. A security
for money being a decal, could not be construed to mean a power
of attorney; and as it was fur forging a power of attorney that the
con•icti.in love took place, he considered that the judgment of
death ought MA to be pronounced.
illr. Sergeant iIOSANUI:ET, for the judgment, contended, in the
first place, that the usual mode of drawing up indictments for such
offences had been strictly adhered to in this case. In the case of the
unfortunate gentleman, Dlr. Wait, which had been refined te , the
forgery was amounted at Bristel, the uttering took place here:
no count was laid charging the foigcry, but for the publishing end
uttering a power of attorney, to defraud the Monk of England and
0111.111. rest pains, as every one knew, were taken in the investi.
Ration of that case, and after the decision of the Judges, that the
conviction was good, and that a conviction had under the same
specks of indictu:ent as that upon which the present conviction took
place, was rot to be so held, was a doe,irine that scarcely required a
moment's argument to rt IOU: it. A fallacy ran thmugh all the ar-
gument, of his Learned Friends on the other side; for, in the first
place, three of the coats, were framed on the 45th Ilcorge 111., and
thin they seemed to forget that the 24 George 11. made it an offense
to publish or utter, as true, &deed, with an intent to defraud. A
power of attorney might be given unt:er hand without seal or with
sett ; and with reference to the Act making the forgery of powers
of attorney to receive seamen's wages a cartel offence. it only fol.
Inved the preceding Acts, and made more definite that which
pr.viouly existed. l'he various Ant oat thla subject, went
to protect all deeds of covenant and other, and had for
their object the protection of all Instruments wider seal deli.
vereil. There could be no doubt of the meaning of the 2d rico.
for it cantaincd provisions to meet the eleticirney in the Bth
ti n. 1., which did not make the uttering a forged deed a capital
°genet. The 11th Geo. 111. was enacted to make the punish.
meet of forgery inure general, and it made the disposal of a deed
a capital offence. The object of that Act was to aid the 2d
Geo. IL—and after &delft's:nog these few observations to the Court,
be felt he bad little to add in refutation of the arguments urged on
the tuber side. Here the instrument forged was signed, sealed,
end delivered ; it even contained a covenant at the end of it ; and
to coi.tend, under such circumstances, that it was not a deed, was
to lent ,urprising. With respect to the creation of new funds of
1 per Cent. Consols, it was not a new fund ; it was only a new ar-
rengentetit of previously existing funds. and therefore had no ao-
nieation to the present question. He would not, therefore, farther
trouble his lawdsleip.
Mr. Law followed on the same aide.
Mr. A LLUT, in reply, observed, that the 45th Geo. 111. was
enacted to protect the Rank against persons who sold forged notes
to persons who bought them at a cheap rate, as it wis e'oulsted
whether the penman so selling them were guilty of uttering. Nis.
thing that hr Ind heard altered the view belled already offered. and
trusting that it would be considered by the Court, he declined
any further observations.
Mr. Itaron Il•tt now.— The awful period having now arrived at
which the prisoner is called upon to say wily jutlgntent of death
should not be pronounced against him—his Co.msel have very pro.
periy urged th, w topics in his behalf which it was their day to
pries upon the Court. It is the province of the Learned Knottier
of your City, according to the tenor of your privileges, to pronounce
that jodgutent; and looking to his great learning and experienca. I
mate say, h need scarcely have resorted to the Judges fur their
assistance in this case. 1 could wish that my brother Park, who
tried this case were present, but the shortness of the time since he
received the notice to attend prevented his so doing. I hare not the
slightest doubt upon the question now brfore the Court : will while
the laws of England will not allow a Judge to give his own im-
pressions upon what Is law—the Laws of England neither did nor
can prevent their feeling as men for the awful and melancholy si.
nowise( poisons like the otisoner, whose cases they are called en
to consider. 1 cannot, however, state toyselt to have a doubt when
I feel on doubt, nor would it be proper for roe to hold out
hopes, which it is not in my power to realize. It is to sue some
matter of conolation, that the deterutinatiou of this question does