The Sun.
London, England, 1808-07-28 00:00:00

circurnstance, on•which he restad'hirdefance, which
is, whether or not lte was an infant or an adult :It •
the time of executing the bond', mast almost eitio
sively d6Petid on the nature of the evidence to bead:*
data7ed baathe, kindred, or th-os'e collateral proofs-with.
whichahe,*leratorid)he Deleirdaot affeded to hava
baen well pre,parealawhich certainly, whether siroq
oar weak, -a(ni.it`ter entbelv-tor 'the consideration fit
the Jury-aasT'fkr regfirded fads, were evi,aence:
adiniiba.rae lf retained within the 'cilia limits which
aa
the law prescribes.
Theliond Was proved by the subscribing witaesS,
Who was not acquainted generally with the hand-
- writing of the Deiendantabtit saw him, howeiret-,eitea
-cute the bond in the year 1802, whichain con..enl-
plation of law, left liitn an infant of the age of 14
years at that period. •
Mr. HENRY DEANE GRADY, in the defence, ..,
stated, !that his client, a_ young man of considerable
talents, and unquestionable fidelity to his employers,
its the 'erdid of the Jury cleitrly illustrated under
that suhlinte and irrevocable principle of our laws,
which says, that. hOwever feasible the allegation,
against a culprit—however capririons, or ohioasi,)f
\veil toundad, the Mode•adopted io prosecute him
might-possibly be, on acquittal by his Peers,'
a Jury Of his country,, he becomes restored to
that-community as innocent as any otter man 111,
•t he co,mmunity-,- against whom no charge has ever
been
.preferred. ThnS circumstanced was btu
Client at this moment, yet coerced ,by the civil laik
of the Country, as if the allegatiOns against MO
had been prot•ed, add iinputed • crimes biazoneal
with all- the aggravating exaggeralion and hyper-; .
bolical display ,of profesiiibnal 'declamation, which-
the convided crimes of the insist abandoned mis-
creant could alone sustain.: Mud) as-he respe&ted
the Learned Solicitor, highly Convinced as he was
of that superior delicacy of mind which tanglyi
him intuitively to treat lightly on the prematuni,
-vidims of itnputed guilt, anal to deal eharitablt`
at the crisis of life and death with those'. stand'
ing before.the .awfyl Tribunal of Justice, still b 6
must say, however supported the. Leaned Gentle'
man - might possibly be. Under the instruelious b 6
received, yet as no prof had appeared of his Client
no taint
.could possibly attach to" .tin;: in point
of laonoor or morality, by seeking refuge under the
merciful!rawS \vita it was not proved he had vio-
hued ; and ia order to rescue himself frem.infaroy,
he fixes. his firm foot upon a fad, that of infancy':
when the suppbsed bond s'as executed, a' fad, Of
which the best possible evidences wo'ild be aclduct;si
such as the anxious , testimony of the fond mathet
•who bore him, with substantial collateral evidcnce
by her neighbours, and a very -1-arung iestitnuaii-1by
an exemplary Clergyman, tincia:t wham• he ra,:aa.a:"
a moral and pious talue,ation.
• I\lal'Orte's mother; a widow, and resident of tP
town'of r.iiritai, proved that he was born in the ye
1784—that he was ten. years old when his father
died--a,slie has other children; One a married datgr'"
ter ; she:produced- a school medal in the year I 79'
which did credit to 'the boy's capacity, fr„at tho
Rev. Mr. Robinson—it also mentioned his age,'3'
did two other medals in the hands of Mr. Jalirch-
cock, an Agent.
.
A Mrs. Catherine Smith corroborated the rest!'
moray of Malone's mother.
. ,
Aftermaay.ingenious attempts by the Pla;ntbr
Counsel to discredit these witnesses, and,prove.efr.
of\ the medals, at leastaja forgery;
'prayer-book: record of Malone's birtl.l4,bit2l7Tti'silbt:::-
t s and sister's, they gave up the contest, ufbiclk
if persevered in, Mr. Robinson, the o
Clergym'
who educated' Malone,. was -present, to aupport.---
Verdiat for'ahe Defendant, with casts.