The National Register.
London, England, 1812-01-19 00:00:00

THE NATIONAL REGISTER.

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past four, appeared agAatt•dcand cefirplained of an Asthma; and atter
a little p.tuse told him he had made the contract Nvith .Ir. Trotter, Mr.
Coutts's broker, but the Exchequer Bills could not be del:vered until
Saturday, as they were locked- up in the Bank, and Mr. Coutts w.f.*
not in town; and that he should call on that day at three o'clock. At
that time he produced 60001, Exchequer Bills, which he said he would
lodge with his Bankers, along with thz: receipt for the balance. lie
afterwards enquired at his Banker's, and found the Exchequer Bills, fur
60001. were lodged, but •no receipt, and he never saw the prisonte
after until he saw him in Bow-street. The witness then referred to the
letters he had received, which have been already published.
Upon his cross-examination by Mr. SCARLET, he admitted be bad
given the cheque for 8.1,2001. for the express purpose of-purehasinz l'-a.-
chequer Bills ; as his stock-broker, he did nut give him any particular
injunction as to the mode of obtaining the money for the cheque, but.
left it to his own discretion.

The several letters from the prisoner to his brother, and others.
which were intercepted, and have been already published, were this
read in evidence. _ _ _

- William Ewins, clerk at Goslings, and Co. proved the payment of the
cheque for 2212001. to the prisoner in person ; and Mr. Williatn Harman
proved the purchase of 6,5001. in Exchequer Bills, by order et . therri-
sorer ; and George Hankley, his clerk, proved the delivery or theta to
the prisoner.
Mr. Ennis De Beirdt, a Broker of American Stock, proved the prisoner
having commissioned him on the 29th of November, to purchase 1( tie
11,0001. American Stock fur a gentleman going to that cntmtry. The
purchase was completed ; and op Thursday the sth December, aknit
12 o'clock in the forenoon, the prisoner paid him in 11 bank-notes 4
10001. each, for 10,4591. 19s. American Stock, and the witness gavehira
a cheque on his bankers for the balance.
Mr. Joseph Walsh, brother of the prisoner, proved a payment to Nina
of 10991. odd, on the sth December, due to him-by his brother •sonie
time. 4
' Thomas Clark, the brother-in law of the swieoner, also proved a pey-
ment to him by the prisoner, on the same day, of one i 0001. bezel: elae,
and he gave him a cheque on his Banker WI taki. leaving in Ins hai:Os
4001.
Henry Atwright, clerk of the prisoner, preyed his having chanced a
bank-note for 10001. given to him by the prisoner on that same day.
Here Mr. GAaaow took occasion to observe, that there was not the
slightest grounds of suspicion that any of these witnesses had any pre.
, vious knowledge of the prisoner's intention.
Mr. Charles, of the Bank of England, proved his having made the
contract with the prisoner for the purchase of' the Stock sold out by S.ir
Thomas nattier.
Joseph Hearn, a silversmith, proved the purchase of 3001. in Portu-
guese doubloons from him by the prisoner on the sth December.
Mr. James Webb, a hoster, in l'hreadneedle-street, proved the Fri.
sorter's coming to town in the Hackney stare, on the morning of tOe
sth December—his leaving a travelling portmanteau and great ccr.c et,
his shop, and returning for them in the evening, and pureha-iug a #.1:.....L.-
pair of woollen boot-stockings and four might-capi.
Mr. Jenkins, Solicitor to Sir Thomas Plotter, proved the subsetleeet
arrest of the prisoner at Falmouth, the circunistemes of whico 11::..e
already been before the public.
The case on the part of the prosecution being closed—the priseeer
declined making ai:y defence.
Mr. SCARLET, fur the prisoner, in addressing the Court, honed he
would not be understood to entertain any other SentinituAS of tiiis of-
fence than a conviction of the moral turpittele of the ::rieetier, at:3 he
was satisfied the prisoner hitnself entertained no ether Sailtitilecit, ard
felt all the contrition belonging to such a crime; Out it new bcconie
his duty to make such objections as occurred to him ; first, there could
be no charge of this sort for stealing the cheque, for it was in evidenee
. the prosecutor had given it to the pri oner for a specific purpose, and it
was nut altogether misapplied, for he had purchased sonic Excheyier
Bills, and the Iw:sr did not allow the act of' felony to be in nen.
separated. Thu second objection was tinder. the Statute cf the
second year of the reign of Ceoo,e 11. by wl.ioll the sececiiy inoroed
by the legislature was to such property as wai stillavailabie r.) ::le 1::.:11.?
himself—in this case the prosecutor had parted A ith all conPeoul ever
Ithe cheque by delivering it to the prisoner. Thirdly, the felonious in-
tent of the party taking was not in itself sufficient to constitote a felony
when the party to whom the property belonyed had relinquished his
aontroul over it : and, in support of these objectioes, lie referred to
several casts in point.
After some observation; by Mr. GARROw, Mr. SCARLET, and Mr.
ALLEY, it was agreed the Jury should find a verdict suLject to the fu-
ture judgment of the twelve Judges upon the CairEr BARON'S report.
The Ciller Be }tore acquiesced in this arrangement, and then ad-
dressing the Jury, adverted to that pert of the evidence which went t 9
',show the previoueintent of the prisoner to commit the felony. Otokeee.
i ing, at the same time, that it was impossible, upon such evidence, not
to find the prisoner guilty; wko, in consequence of the objections mod;
• lb Twelve
his CoonSel, woeld have 211 the-benefit of tile joigu.cnt of tile
I Twelve Judges hereafter.
The Jury immediately returned a verdict of --Guilty.
Counsel for the ler wecutyp—Messra. 0.41.411AQW, A4S2IOT, oust Goa.
oat.