The Sun.
London, England, 1806-12-09 00:00:00

and lodged with the Defendant ; and 'thry arter-
wards removed to..Nottingham!place, where the De,.
`fondant furnished the how,e from top to bottom, and
paid 1501. yearly rent. The Plaintiff soon after.dis-
covering, that the bond for the 2001. was not dated,
proposed so advance a further sum of 3001. and take a
fresh security ; this wai'k.cquiesced in on the part of
the Defendant ; but, instead o 1 bond, a warrant of
attorney was executed, and immediately after, execu-
tion was issued, and her goods sold under a to that
amount. TLe Rule, -therefore, was obtained, upon
the grounds of her ' being a, femme covert, with the
knowledge of the Plaintiff, end that the power of
attorney was obtained under a misconeeption, the
.Defendant understanding that it was to be upon the
same terms aOhe original bond for 2001.
Mr. TOPPING, 'on the other . hand, contended,
that in as much, as the Defendant's husband had
been attainted of .High Treasbn in Ireland, and was
now resident in France, the plea of a femme covert
could not avail her on the present case. His affi-
davits also stated, that she had bee 4 guilty of many
extravagancies, so as to render herself almost insol-
vent; and also, that nbtonly the Attorney, but several
other persons, were" present when she executed the
warrant, and she was perfealy aware of the nature
of it.

The Court, however, were of 'opinion, that al-
though this rule could not be sustained on the
grounds of the Defendant's being afrnme covert,
yet there was sufficient upon the face of the case to
satisfy them, that the power of attorney was executed
through a mi,conception, and therefore the rule was
made absolute.

OLD BAILEY.

FIFTH DA Y-.MONDAY

Emanuel Antonio was capitally indi&ed for steal-
ing, in the dwelling-house of George Paro, twenty-
four guineas, the property of George D'Aruzzio. •

. .
Both the Prosecutor and 'Prisoner are Portuguese,
and spoke by an Interpreter. - The Prosecutor, had
been the Captain of a Vessel belonging• to Portaigal;
and. had known the Prisoner, who is a'Seaman, for
about a year. On the 13th November last the Pri-
soner requested of the
.Prosecutor to write a letter
for .him,• which the Prosecutor agreed to do, and
took the Prisoner home with hhn for that purpose
to his lodgings. After the letter was -finished, the
Prisoner proposed that they should play a-game at
cards for a bottle ofwine.. The Prosecutor agreed
to this, and having:lost all the money in his pocket,
amounting to :About tes. he Went to his trunk, which
stood in the room, and took obit of it 'some more
money. Fre, then went down stairs, and ordered
his landlady to bring a bottle of -wine. The wine
being come, and the cards resumed, the Prosecutor
continued to lose till the money which he had last
taken out of his trunk was all gone. He then went
to his trunk •for a fresh supply, when- he found that
24 guineas which be had. left there, wrapped up in
a piece of paper, previous to his going down stairs,
were Missing. He immediately taxed the Prisoner
with having taken them, and desired they might he
restored. This the Prisoner refused, maintaining
that he had no money of his but what he had won
from him at cards.

The PrOsecutor secured . the, door, when the Pri.
soner threatened to go out by the window. When
searched by the Officers the Prisoner persisted in his
story, that he had 'no money but what was his own
property, and what he had gained froM the Prosecu-
tor at play. Cight guineas of what he had lie main-
tained was his own, and the rest he had won from
the Prosecutor. On his person no more than 171.
ss. was found, and this he ;at first alledged was all
the money he had. In his hat, however, 'curiously
folded up, the Officer found ten guineas more,which
the Prisoner then said was his own property. The
Officer carried the Prisoner, the money, and the
cards; to the Police Office, and on examining the
cards', which the Prisoner confessed to be his, they
were discovered to be false, the deuc6 being longer
and the sevens broader than the,other cards, so that,
by cutting them, the long way, yot were sure to
turn up a deuce, and, the narrow Way,' a seven. Oft
his cross-examination by

MT. 'GLEEDE for the PriSoner---4he Prosecutor ad-
mitted that he knew person of the name of De
Castro, with whom he had, formerly lodged, but
denied that he had ever before played at cards with
the Prisoner, and particularly, that he had ever
played at. cards with him in the house of De Castro.
The Prisoner, in his defedce, maintained, that he
had honestly and fairly gained the money from the
Prosecutor, who, on his (the Prisoner's) return from
his last voyage, had gained sixteen guineas from the
Prisoner. They had frequently played together at
De Castro's,. where the Prisoner, as well as the Pro-
secutor, formerly lodged. The Prosecutor bad re-
peatedly called •there, importuning the Prisoner to
play, and it was. by his own solicitation, and special
appointment, that he had gone with him to his
lodgingS that day, where they had gambled from
• between 12 and t o'clock at noon till past 7 in the
evening, the stakes being; in no instance, under
half a guinea, and, ii) some instances, amounting to
three and four guineas on a single card. De Castro
corroborated the Prisoner's story, by stating that the
Prosecutor and Prisoner had frequently played .t
cards together at his hbuse—that he disapproved of
it, and had forbidden the Prosecutor to return there
for such a purpose.
On this contradi6tory evidence the Jury found the
Prisoner—Not Guilty.
The Interpreterfor the Prosecutor stated, that the
Prosecutor, if-allowed to retain the 24 guineas (the
remaind©r of the money having been returned to the
Prisoner .by the Magistrate), wound willingly run
the risk of any aolion which the Prisoner might
bring.for the recovery of it. The RECORDER, who
tried the case, agreed. that that was the most roper
mode• of disposing of the property. If the Prosecu-
tor had not been robbed of the money in one way,_
he, unqueStionably, had in another.
James Hollsgrqve was tried for a burglary and
robbery in the house of Sir Win. Duncan, Bart'. in
the parish of St.. Mary-le-bone, on the 28th of Oc-
tober last; and stealing thereout a quantity of bed-
furniture, household, goods, and wearing apparel ;
and Elizabeth, the wife of. Michael Simmons, was
tried at th,e same time, for receiving several articles
of the said goods, knowing them to have been
stolen.

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