The National Register.
London, England, 1816-11-25 00:00:00

ARTAXERXES.

The Opera of Artaxerxes, compressed into two acts
as at the other house, was, on W,,,lnoslay night last,
performed at this Theatre ; when Mi,s Merry appeared
for the first time on these hoards, in the arduous cha-
raeter of Mandane ; and Mr. Horn, for the first time
these four years, in that of Arbaees. Of Miss Merry
we have formerly had occasion to spe Lk, and in terms
highly favourable, while performing at the English
Opera. The opinion which we then termed of her WWI
not erroneous; her performance on Wednesday night
last was a treat to the admirers of vo al harmony. The
sweetness of Miss Merry's voice at.d her science far ex-
ceed the powers of execution; but allowing far the
fears inseparable from a first appearance, which were
evidently felt to an extraordinary degree by the debu-
hint of that night, and her having only recently reco-
vered from a severe fit of illness, we may hope, that as
she guini confidence and health, her powers will become
stronger: throughout the whole of her perthrmance
she was loudly applauded. Several of her songs were
encored; amongst them was the beautiful air of " Let
not rage," and the more difficult and trying one of
" The soldier tied." Her recitative was also very
sweet. Mr. Horn, in Arbaces, astonished those who
have not heard him sing since Isis former appearance at
this theatre. His voice is of the finest description, and
it requires now nothing but application to enable him,
in a short tine. to rank with the first in his profession.
He was much applauded throughout the whole per-
formance, and encored in several of his songs, especially
the favourite one " Water parted from the sea," which
he executed with great sweetness. M. Horn's recita-
tive displayed considerable scielee; and there was much
more energy in his action than we have usually seen
displayed by him. Mr. Pyne, as Artaxerxes, and Mr.
Bellamy, as ,4rlahaties, executed their songs with their
usual science and sweetness; but Mr. Pyne, with his
large black mustachios, resembled a Cossack much more
than he did the youthful effeminate Sovereign of Per-
sia. Mr. Bellamy, a singer at once chaste and eciontifas

whose merits are rverlooked only by those who are fond
of flauntin,, and unnatural ornament, supporter) the
part of Arriabanes .n the most excellent style. The
house was extremely well filled; the piece was well
received; and its al mouncemmt for repetition on Fri.

day evening met with unanimous applatue.

COVENT-GARDEN.

The Play of the Provoked Husband, which always •
reads much better th'aa it acts, requires extraordinary
talents in the performers to make it even tolerable ott
the stage. This, we are sorry to confess, was a regal.
site not very abundant in Friday night's representatioa,
at the above Theatre, though Mr. Kemble and Miss
O'Neill thought proper to undertake the parts of Lord-
and Lady 7'orenley. It really gives us no pleasure to
dwell upon the recollection of scenes which it was ab-
solutely wearisome to behold. The first tragic actor
and actress of their time were so obviously misplaced is
these two characters, that a badly supported masquerade
wo.dd have been quite as gratifying to a spectator of
unliaary taste, and far less painful to any person jealous
tin tote honuur of high drantatic reputation. Kemble •
may be cite 143 0.10 of inlay proofs, how• much MOM
,liifiellit it is to be a gentleman than a hero. His
starched gravity threw an air of lrislesse over the whole
dialogue, where ease and cheerfulness were required.
sueeee.del rather better in the remonstrances ad. •
dressed in the third act to his wife, and in the final de.
termination to punish her fillies by a separation. But
even there the impulse was hardly strong enough to set
the ponderous machine of Mr. Kmible's mini in mo-
tion; or to conceal ht least the difficulty with which it
moved. Miss O'Neill had some of the levity of Lads
Townley, but she was nut mach disting fished bythe•
air or tone of fashion. In this attempt she succeeds
worse than as the representative of Lady Teasfe--rnuch •
worse, beyond all expression, than when she plays Mre. •
Oakley. John Moody was most humorously, though
perhaps so,newhat too broadly given by Eatery; and
Fawcett iu Sir Fr suds wis at home. Tae Comedy,
altogether was indifferently cast.

The dispute wliich has for some time existed between
Messrs. Alley and Adolphus has at length been brought
to issa:, an I without aoy fatal resu;t. On Wednesday
last Mr. Adolphus sent notice to Mr. Alley, that. he
would be ready to meet him at Calais as soon as ever he
chose. The reader will recollect that these parties•wers
bound over by the Magistrates to preserve the patee.
within this kingdom. Mr. Alley accepted the chat.
lenge ; and on faurs.lny morning set out fir Dover,
accompanied by Captain Alley, his cousin and second;
two of his intimate friends belonging to the Bar, Mr.
Agar and Mr. Bevil, also volnntnrily accompanied him.
They arrived at Calais on Friday evening, some howl;
before Mr. Adolphus ; and at two o'clock on Saturday,
after the preliminary business was arranged by this
secon Is, the combatants met a short distance from the
town, took their ground, and, on a signal being given,
they both tired together. Mr. Alley was wounded in..
the right arm ; and the ball from his pistol passed so
close to his adversary, as almost to graze his. bead:
Here the business terminated. An eminent surgeon,
being immediately sent for, extracted the ball from Mr.
Alley's arm ; and on &inlay morning, when the last
account of this affair was sent off, he was considered
out of danger.

MA lust E CAT w CM—Extract of a letter from Munich:—
" It Alyea', that we shall not have the pleasure of bearing
Madame Citaidni, anhongli she has now .teen here for eight
el She had penetrated, on the day of the Benediction,
into the paiace of the Empress, at tae ftiyal Chapel (which
very small and took her place without ceremony with f.
Bridal. who give her his arm, on the bench appointed for this-
,oung Proces-es of Bavaria. When the Processes arrived,
she was re ))))) red ny a Master of he Ccreiname.. and ouliged
to retire into 411 1.1:1!ler gallery. The folowing day being at
the Queen's apartrierrts, where she seas to sing in a private
concert. site complained bitterly of the proceedings of this
former day, swing that she was accustomed to be seated by
the side of Princesses that the Prince Regent of England,
hid the King of Prussia had often placed her in tint first rank.
Toe Que.m, whose good nature is aogelie, endeavoured to
tranquilly(' her, and said lanchingly, that if tit .re bad ever better
at St. James's or Her in a grand ceremony in so very small *
room, she won d sot perhaps have tomtits* commodious a
.dace. But the sinker Ores ne mare synd more eacited and at
I ist bursting into tears, declared that she coot(' not sing. The
King, who had come in, di., Hissed her, and fore ale her sing-
log at .stunich. Since that tint, Madame Cm alam macs
severnlattemins to outain permission t• slog at Coon, bat it
was retilsed her."

The siren witanee of a hare, Wien a leveret. having taken
retnge in the garden of a cottager. at Sutton Cheney, in Lei-
cestershire, in winch it hasever since Ifern doliesticated, and •
is now grown gray iii its security, recalls to recollection a
still mereextraordinary net. •Tise present M argrar.tie of
Anspach. when Countess of Craven, had a young crib fox at
Cooissbe-ahhes. which was reared in the kennel with Lord
Craven's then crack pack of hounds. This secaciou• animal
'was frequently taken but for hue Ladyship's aiwouv,ittent, who.
was at that period partial to the *parts of the held ; arynard
alwaxs left the, kennel mounted behind the hunisistati, and,
when turned out, atforded'his canine friends in active eliAmt,
when they came pretty near to 1114 lieusla, lie inimediataly
turned round, and, parson' thrni.di the pack, le4ord nit
gain bels:nd the htlinsinan, and thus returned home Ortij
dal, however, whilst enjoying thetr customary inurement
Miring the season, the poor fasourve was tanforannakaely nos
upon by a strange pack, who instantly killed the pet animal. -
The regret of her Ladyship, and the whole of the Bair, may
bit men easily imagined than describa —;:eisopty piper.

Loma- COCURANES CAM
COURT OF KING'S BENCH, THURSDAY, Nov. 21.

Tao minter. _
hair um no the Court (enniestimp t Mr. ,Ilhatice Itifyley,
Mr. Justice Abbot, nail air. Justice Hokept, sat, Me. Mar-
ryat iiarved fir the judgment upon Lord Cochrane, and in a
few ii ill utei (the delay being occasioned by the pressure of
the crowd) his Lordship took his place on the floor.
Mr. Justice Holroyd proceeded to read the report of the
ttiel.ef thee indirtusent tor-an escape, which' as our readers
tall reeullect, tuois.plece before Mr. Justice Burrough at the
lett Assizes for Surrey.
Lord Cochrane, beitig asked if he bad any affidavits to offer,
repliedin the negative; adding, • that he should submit some
ohnettratitnut to the Court at the proper time.
A' very-luligntfidarit was then put in by Mr.Marryat, sworn
firy Mr. W. Joues, the prosecutor, alrrslial of the Kitten Beach
prison. ' The afillivit entered info most of the particulars of
the case, especially adverting- to and repelling the charger'
imollffht against the Marshal and his officers by Lord Cures
rune in his speech to the jury, which the 'affidavit accused
hit-Lordship of having handed over for publication in the
newspapers as soon as it had been delivered, without any
attempt to substantiate by proof any of the charges it co*
teamed. It wasifoilewed by the affidavit of a medical gentle-
Man offal* name of &unsure& ; by which it appeared, that he
had been called in by Mr. Jones when he beard of the ilinesa
of Lord Cochrane, and that lie had given to his Lordship a
certificate -OM itch health was such as to render dangerous a
long confinement in-what was called the strong room of the
prison.
Mr. Justice Bayley then told Lord Cochrane' that the pre-
sent was-the time to submit the observations he had to offer.
'Fiord Cochrane produced a bulky imint.script, and com-
menced read*: It helms by observing,ahat be had proved
akthe tai d, that his object in escaping, whether mistaken ur
not. was teat criminal; and if the judge who then presided
had not iustructed the jury that they were to determine by
tht fact; null not the intention, thee-verdict would have been -
ne empanel. It was aingular that a few months before, in a
casein which his Lordship wu itroseeutor, Mr. Justice Ab-
bot .had differently interpreted • the 14W : it was an indict-
meat for perjury against a man named Davidson.
:NC Jastice Bayhty.--Itis fitl ehonid state that your Lerd-
shipis• preeMled fruelventerieg into Davidson's case : the
imiy ease before tlia•Conet is your Lord!hip's.
Lord .Cochrane continued to read his Mi.
'Some slight interruption being experienced by his Lord-
shiltp; he observed, he was-sorry to find that the learned gene
demon were se lunch' troubled with coughs to-day.
The manuscript went on farther to animadvert upon the
conduct of Mr. Justice Burrough on the last trial at Guildford,
which was the effect of' a formerlitat; in which he had been
seideeced by the Lord ChiefJ mace of this Court.
Mt. Justice Blyley.—Your Lordship shom el be iuformed
thhi thn.sentenee•ot the • Coen is not the set of the Grief J
tine alone, nut of the whole Court ; and without a concur-
rence, no seittnnee attic Chief Justice, or of Amy other Judge,
could be enforced.
Usti Cochrane.—The sentence may not the the act of any
'Ate jadgei ant your Liirdships had •no mein* of deciding
wpm• thefeets but tram the aotesaf the Chief Justice, who
triadthe cause, and who might he inaccurate. kit. Lordship
then rammed the reading abut manuscript, which complained,
diet by the acquittal at Davidson he was deprived of redress,
mid is), tie own cootiction sent back to new tuiteetions. He
felt tint, incler these circumstances, be was entitled to greater
latitude. of remark than was ordinarily allowed • and he
animadverted upon au expression of Mr. Justice Aulbut, that
Davidson might have asserted whit was raise from litadvert-
vice or mistake.
Mr. Justice onght to interfere. Your Lordship
ought not to impeach the propriety of the summing up in a
ease which bears no relation to the present. lam bound at
lea:: to Sanest that to your Lordship; and, it necessary,
mast and I shad interpose to-prevent it, if I find the other
members of the Court concur in say opinion. (After having
enniulted with Mr. Justice Abbot and Mr. Justice Hulroyd.)
Your Lordship will exercise your own discretion, and pro-
ceed.
Lord Cochrane apollgized for detaining their Lordships at
math length : they would find, before he concluded, that the
whole was relevant, notwithstanding their present opinion.
Tate inanusei ipt, with considerable detail, went through his
Lordship's motives in the prosecution of Davidson. Sunie
blame was also imputed to Mr. Marryat, who conducted the
came for the prosecution. After sonic further remarks, his
Lordship commenced a criticism of a part of the address of
the learned Judge on the trial of Davidson.
Mr. Justice necessary that I should interpose
' toe:plain the impropriety of what you are now offering to
the Court. It is against its inclination to obstruct any thing
avuich can oe said by a person standing on the door for judg-
ment in intimation of punishment, and it is more particularly
retuctient to do so when the conduct of one of its Members is
tidied in question: but when it is wholly irrelevant, and can
have no edeet upon the ultimate decision, the Court owes it
to.its own dignity to interfere, and it does so without any
cuasideratiMl of the individual who may happen to be the
subject of its sentence : it wound interpose equally whether
he were a Man of the highest or of the lowest rank. The.
Coast owes it to itself to intimate distinctly, that such a course
mast be no flirting. pursued. I should in the first instance
have interposed decisively, but 11-om an Wit imution promos of
the members of the Court, my brother Abbot, whose 114111 e
and conduct have been called in question: he was not un-
witting that the matter should have proceeded ; but after
what has passed, I think we owe tt tie ourselves nut to suffer
that homing en tier part ot otee member of the bench to inter
fere with the uciervance of a precise and hence:stave rule:
to admit thu introduction of irrelevant matter IIOW by yonr
Lordsny we should e.tairlibli a precedent; and how could
%vapidly, ill die (Witt of a Iminnie individual, its future pre-
vein him from faliotatem the steps which tithe es hate trudden
• My opinion therefore is, hat that part of )011r Lordship's
address which refers to Davidtvies case is not relevant, and
that it ought lint and umst nut he iiitillehiced.
Lord Cuelwanc.-1 art sure that I nave heard learned
gentlemen in argument illustrate one case by reference to
another. Ju the present I we-li to do nothing more than to
show that the.deciteter which was come to ie osee ease WAS
not clime to iu another, though the petunia were lune respect
different.
Mr. Justice liniroyd.—l perfectly agree with my learned
te.orentr, that your Lurdship uhust he presented from entering
law tlO. mirticalar circumstances of lire case of Dateline.
Lord Cochrane.—detines I conclude, I trunk the Court will
be of opinion that it is of importance to toy case. 1 stand
aeo revifierit.aerit.s ~fact*oLivinAlice..iooopireWolli, of which
~•4 •••.; Inv II• rill pair art,n.

THE NATIONAL NEGISTES.

lion to what I any is Midi imitradlctory m the case of Da-
vidson.
Mr. Justice Abbot. —I aM in no apprehension as to the
result of any investigation into my judicial conduct: but I
am hound to say, that an investigation of any direction inf
mine to a jury muse a case whitlly unconfleirted m the fact.,
and bearing no resemblance either in the natureof the charge,
or in the proof by which that charge was sustained, ought
riot to be permitted.
Mr. Justin. Bayley.—Such being. this opinion of the Court,
your Lordship will forbear to make further comments upon
the ease of Davidson.
After an obstinate persistence ain the part of Lord Coch-
rane, in maintaining the ivies aney of his remarks on the case
. of Davidson, and his consequent right to read them, and much
temnertite expfmtatiou oil the pert of tbe Judges, of his LortV
ship's erroneous notions, Mr. Justice Bayley told Mr. Mars.
ryatt, he might proceed to address the Court.
Mr. Marryat then addressed the Court on the part of the
pinsectition. He assured their lordships that the judgment
,was not asked with any degree of asperity; but, after`the
slanders that had been diffused by the densely of the noble
lord's speech to the newspapers as soon as in .was deliver-
ed, without any endeavour to establish .a single essertion,
,it was not wonderful that the Marshai was ansious to repel,
the accusations by a full statement of his case, without wisba
ing to din • h the edect of the merciful recommendation of I
the jery, us far as it could operate upon the minds af the Court.
By the common law in old things, the oflence of the noble lord
was highly punishable: a man a ho had escuped fromthe stocks,
oe from a constable, was formerly liable to be sentenced for a
felony ; but of late it had been much qualified. At the time
Lord Cochrane left the King's Bench, he Was charged with
a fine of 1,0001. and three or four months of his confinement
remained unexpired. I'o the extent of this fine the Marshal
was of course liable; and as soon as the escape was known, he
advertised a reward of SOO guineas, which he bad in fact paid
for the intelligence and information he had received. It had
been suggested at the trial, that the Marshal was himself dia.
posed to compromise the affair, and that he had made a pro.
posal for that purpose to Mr. Basil Cochrane, but that he had
been sported on by secret instructions from persons in power
and office, because Lord Cochrane haul given some votes in
parliament displeasing to the reigning authorities. By the
affidavit which had been read, he had disclaimed the whole
charge, having acted only from his own sense of the ditties of
his office, and of the necessity of deterring other prisoners who
might attempt to follow the example of the noble Lord. E. cry
' circumstance relating to this supposed offer of compromise,
was distinctly and positively denied; and he had only pro
posed to receive Lord Cochrene,if he would return of his own
accord at night. to save hint the ignominy and exposure of a
puolic caption ; though willing to save the reward he had
offered, he had never entered into terms, and had even refil.c.i
to see Mr. B. Cochrane at Guildford, who wished to prevent
him from presenting the hill to the grand jury : that he nese.
made any overture himself was most &cilia% ely sworn ; our
had he ever held out, that all prosecution would be relin-
quished, it' his Lordship would secretly return. The next
charge against the Marshal was, that when Lord Cochrane
was re-apprehended, lie had been confined in the strong rito:n ;
and that from the smallness of its dimensiona, and the damp-
ness of the atmosphere, his Lordship's health had been so se-
riously injured, that the Marshal was under the necessity of
removing ham, lest death should ensue. How was the fact as
stated in the atildis it? Lord Coehrune had certainly been
confined in the strong room, but one with a boarded door hail
been chosen, nor would be have been placed there at all, but
for his obstinate refusal to give any security that he would
not again at. empt to escape. In the mean tune souse other com-
modious and airy apartments were preparing,which were fur-
nished by the Marshal; and, as soon as lie had ascertained oy
Mr. Saumarez, the medical gentleman who attended his own
family, that removal was oecessary, he hail placed Lord
Cochrane in rooms which he considered insecure, and without
even his Lordship's word of honour that he would not make
a fresh attempt. So untrue was the foul calumnious assertion,
that the Marshal had taken advice how far he could torture
his Lordship without danger of death. It was worthy of re-
mark, also, that when the medical certificates of Dr. Bitehau
and Mr.Satimarez were obtained by Lord Cochrane, instead of
communicating them to the Marshal, he had trausmitted them
to the office of the Secretary of State, that unfair blame might
be imputed. As a proof that the Marshal did nut think the
new apartments occupied by Lord Cochrane, above the lobby.
seenre, it watt sworn that at hIsOWO expence he had employed
additional watchmen. Where, then, was the inlituuanity, the
cruelty, the torture, with which the Marshal was charged at
the trial? Every stiretise even had been answered in the affi-
davit, and the Marshal's conduct would appear in the eyes
of the Court not only blameless, bat in many pothts of hew
---usehle. He had ' most zealous id the dia-

always been
duties of his oflide:

charge of the *if the prisoner required
medical aid, he had ahVayslneiilshed it; and during the 25
years he had filled the offieeor Marshal, no dangerous or in-
fectious disorder had been known in the prison. Having
uow hail an opportunity of vindicating Ids conduct, the Mar-
shall had ceased to he anxious as to the result, 4011 haring
discharged his-duty, left Lord Cochrane in the hands of the
Coml.
Mr. Gurney addressed the Court oe the same aide.
Mr. Justice Bailey recapitulated all thr circumstances of
the case, upon which he commented at length,aud concluded
in the following terms The Court has taken all the facts
into its consideration, both the additional pressure thrown
upon you when you were sent back to the King's Beach by
the nature of your more strict confinement, and the injury
your health sustained, which were the grounds of the recom-
mendation of the Jury; and it doth order and adjudge, that
fur this offence yon pay to the King a fine of HAI. and that
you be committed to the custody of the Marshal of the Mar-
shalse,a twit that tine be paid.
Lord Cochrane remained on the flaor for a few moments.
but the 'fine not being paid, the tipstati was sent for, and to
the custody of that officer he was committed.
In passing through Westminster 'Hall, his Lordship was re-
peatedly cheered by a crowd of persons who *sere waiting to
heat the result. lie was afterwards conveyed to the King's
!tench Prismi, and placed in the apartments above the lobby,
!.which he had occupied after his escape until the espinmon
,of his sententie.

COURT OF EXCHNUER; Nov.*xer 16.
TUN LINO N. VALI/GUAM AND DAPINOLCY.

IS.

sideration of this verdict, dial whit:ll,lre :hail to submit first
was, that according to the laws of England. no larecuy at all
had been committed uy Donorlly ; anti that it so, Vaughan was
tibt guilty of the crime imputed to him. He admitted that
Osnelly was iu COMpaily with those who conunitted the lar-
ceny, yet he should contend that he did ,not participate SR
their guilt; out even suppueitig their Luieittrips acre against
him on that point, he should still tumid a elkiiin fur the at.
swami's:it VAllAltan upon- the verdict of the Jury'.. Vaughan
aas indicted tor being an accessary iu the einuireiseion of n
burglary, aid the charge ut burglary had been negatived by
the Jury, they having tumid him guilty of lateens. The fact,
therefore, of their having found him guilty of a different spry
cies of entente than that with whieli lie was changed, operated,
in his humble Judgment, to rendertheir v erdici, as it abided
him of on as ail. with respect to the first point, namely, aft •
to there having been no larceny committed b) Duchy, ho
apprehended that the particular crime imputed imist depend
upon the partictil:kr inteutson of, tue party accused. Tim
precedents applicable to this proposition were very tee:.
He had, therefore, been °bilged to dip a little deeper into*
antiquity, than under other cereunistauces might have bee*:
necessary. ill support of his argument, " that the iuteutioa
must constitute the crime." hr begged to refer their Luidshiper
to Puttentlitet, 7th c. Ist book, iii which it was laid downg
that an action a as either good or had, according to the enact.
meat of law. The learned Counsel then proceeded to cite
authorities atria the definition which had been given by the
law of England to the crime of larceny 'tile fed which fin
mentioned was that of Mr. Justice Blackstone, %chum is
stated to have defined larceny to be " the feloniously tukist
and eat tying away tile goods of another, with intent to air
propritite them to your own use;'' thereby seeking it
.a ne7.
canary component part of the crime, that the person corn.'
inillitig the larceny suoald coutesuplate Use aptheipriation of
the property to his own use. In support of this definition,.
Blackstone nad gone back to Bracton boois.3. c.l7.•sec. Sri
'llse next authority cited by Mr. Curw:tod, was JuStiulan'e Irks
stitutes, book .1. c. 1. which acme ded in the Urination ut thet„
former. Having gone thus far,• the learned counsel took ile'
seview of Denuelly's case, for we purpose of seeing how far
the crime, as proved against him, Cause Williill this definition.
tie admitted that Dennehy was a very bad character, wait
had pursued a tong career of csirne—in decidiag the 'meats.
case, however, all refmeuce to ihs former euuntict must ha.
avoided. From the evidencu in the case, it was clear that WO
did not go to alimie in the prouder,- Oat for the purpose of be..
La-dying his companion, to the unicers of Justice. His motives
evidently was to share the renal d. He should say, therefore,'
WA( lie Wlwilvd WA uniawforoodil, which, aceprdtog to tint;
saws of Eil,pAud, was an iddispettsau.e accompaniment of the
crlirre of weeny. theoriser-n:ly of taw suggeition•was idly/
am e out, nut Aiiii.o by eli tiiClo D , 1.1111. by Milan, Lard Coke!,
and land Hate. Mr. Last, its iii:, picas of the cruwil,also re-
, ogeksoll the same priocifer. He could ring many cases hr.
tvoteu a pers4o3, arcomposo; log oilier. to the cumsuasion of MI
tmence, did not sit cessarii) mato spate hi all Biro- guys. 'LIMA
had been tirtsitert on in a rape ut murder, before Mr. Jltteitli'
Fa-ter, !'were large soldiers went together to rub all orchard.,
l an, it appeared, gut up into a pear tree, while Use other re.
...toted at tue gate with a tliatan sword. White he stood there;
the sou et tilc.lotvUee 0t tkte eteliard eante.nth end the *Miner
f.ll Mtn turoitgo. *tar learned Judge heitl,tu that ease, that
toe soothers fa toe orcoard were not participators ill the tour,
tier, lJeC4max they had sinewy &peril an perpetrating thal
ii smug uneuee of stealing pears. Haring urged some farther
At gliniCtin.ip support of lists point, the Warped Copticl pre-:
eeeded to hi, meowd point, namely, that even ouppoling thetr
Lurdslups were a ...gnat limn in the first proposition, Vaughan,
was tili,lieti to ma acquittal, upon the ground of his harmer
ueen imam gutlty of brig Ail accessary to alarecuy, the in..
, dictment harlots charged Liu with benig'an accessary in the
commission of a burglary. He Was not aware oh' any Cites
illasti alive of tins pout., which was one certainly of a uovtl
nature, out lie appreheuded that uurgtary and iatceny vim*,
AS distinct lettniieS as burglary and murder s• and as the pril,
stoner had been tumid guilty eta crime distinct front that with
'which he had been charged, he humbly submitted that the yr.
diet lutist tie set aside; and upuu this groendoilitell as upon:
that behave urged, namely, the legal deliudideouf larceny.
wii,ch had 'obtained tom Use hundred years,o tithe tact of
iy.
there hng nu allilliefUralndi tin the part of Dail ,lic true ted
their Lordships viiiiild agi ee with him iu thinking, that both
the prisubers ought to he acquitted.
Mr. Builand, tot the crowns submitted tit' nothing had
Oven advanced uy his learned triendwhich cetild impugn the
verilla iu this'case, eithe. us it sheeted the,:plincipat ur the
accessary. The mauled Vattern:4llora proceeded to take an
accurate view of the eiiileucc as Id a nee_ against the ptisollelB,
and (*ruin thetige inferred that 'and{ clear Irwin the conduct Of
Daiicily that he had the Mande °eject in view, thatot parti-
cipatiug ill the.plunder and in the-subsequent reward. 'the
ammo Jurandi described by his teaructlirieuel as necessary to
constitute the crime of larceny, was therefore fully established.
As analogues to the present case, he cited that of Mr. Bolton,
reported mu East's Crown Law, 066. Upon the second point
he contended that nothing was more common pan fur 'per-
sons iiiilicted for burglary, being acquitted ofthin charge and
found guilty ut larceny. The frequency of this uccurreuce,
added to its never' being'ilisputed by those- name wham it
took place eras the best proof that it wash practice .witich
did uut admit of question, If Vatigle.o was not an accessary
before the larceny, it wets dear that it was alto wards, )br lie
bail harboured Dannelly after lie had committed the'rebilety.
Mr. CiirWoo4l IsliS lug replied, the Court was rinsed, imerder
to afford au opportunity fur the Judges to consider the argis.
tents. 'the result of their deliberations a ill of cutuse not
he known till the Sessions at the Old Bailey.
1 he event, be it what at may, catinet egret Vaughan, as
lie can only become liable tu'usie )ear's isupristsumeut ; which,
as sentence must be,.pmused. uu conviction, will of course
merge into the imprisonment for five years, to allied he has
;tweedy beau seutenced.—Lde ur death is the stake wheel
Diuselly has in tin decision.

Me. Curwood appeared this day, by appointment, to argne
the ease -of the piisorien, which is no 'doubt fresh in the re-
collection if the Public. The indietuteiit charged Datinay
with being a priocipal4 and Vaughan with &wing an accessary,
in the commission of a linrglary ; and the verdict of the,liii)
wrs " Not guilty of breaking and entering the dwelling-house ;
t'she• of 41)...°h7 the roil.