The Sun.
London, England, 1807-11-03 00:00:00

IWIDDLESEV SESSION.

HICKS HALL, NOV. fe•
••
Evan Evans was tried on an indiameo,t.c =gin
bite with having committed a fraud :at common law.,
in having obtained by, take pretences, :on teth
of August last, two gold seals, value 91: gs, the pro-
perty of Mr. John-Rogers, of No. o;C:hark-cross.
This case-has already been fully laid before the Pub-
lic, Our Readers will recollea that the Prisoner
obteinect possession of the seals under the •olledged.
intention of showing them to a Gentleman . in the
service 01,Govertimeee;, that. the Prisoner got them
at the lout of the Treasury •stairs, from a shop-boy
who was sent with him, tulderp[etence of shewing
them to a 'Gentleman in Lorit',T4aV4esbury's'Office;
and that or the'p t st; when' the Prisoner was appre-
liended,' he had
.the two seals hanging to his watch.
For this Alice lie 'was tried as a felen at the Old
and acsuitKon the ground that the crime
did not apiiear to Old Court to amount to a felony at
law. The tats were' again sworn to in this court,
in order to support the charge Of fraud.
Mr.RENNOI,D9, the Prisoner's Counsel, however,
lOok' two- objections against the ;ease having been
roedeoat against the Prisoner. The first was, that,
as the indiament
.stated that the golds in question ,
.hair been received by the Prisoner of and from John
'Hancock, , when, in
„point of fact, they had been
received from the shop=bOY, Feeval, whe,Wat sent
by the Shopman,, Hancock ; the Learned Counsel
contended., Writ this averment, standiegunnecessari,l/
on the face of the indiathent, Should' have bA4.,
inatle out in evidence, ',in order to
.couvia the Pri-
soner ; but as 'the contrary was proved, he main-
tained' that the charge must fall to the grotind.
'This exe4tion, however, was over-ruled by :tbe
• Court, an the Learned Counsel stood on his second
objeCtion, which was, that the legal possession of
the prOperty not having 'Wen; parted with by the
owner, no sale having ..been made, the crime (it
any) was felony', and not a fraud -at common law.
If the• Prisoner had been indiaed for a frond, under
the Statute of Frau& that Was passed in the reign of
• Geo. IL he might probably have had more difficulty
in condtfaing the defence : but as the lad now wag,
the Court must consider itself as if it were acting
,previous to the time of Geo; 11. and previous to the
existence of the Statute of Frauds 'ln support of
the principle which he laid ,doWn, the Learned
Counsel referred to the case ,of Major Sent*, • and
quoted several instances similar to the present, in
Mr. East's Reports; all of which, he ,maintained,
went to support the' &final= which he drew be-
AWilct fraud and felony atp4uPon law.
The CHAIKMAN:obsoryO, that Ate Court
.was al-
ways, extremely ;sorry. when justice was eluded,by
:moans of the niceties oldie law. lie had,no doubt.
,that the Prisoner wpuld,when,he quitted that Court,
be, as .great ate ofendet% as when he entered the
silversmith's shop, But, when the Prisoner was. in-
diaed as a eheat,atcomMon law, lie was afraid that
th t:lawrrgefeo%r vei.isrescuogmb ,a)119•017.4,1 14 not be supported at law.
ie.tll
the Jury to acquit the
Prisoner.

-The Jury immediately pronounced the Defendmit
Piot Guilty. He was extremely composed during
the .wimie of the tri3l,, and received bid aciivittal
without the smallest appearance of emotion or iur-
pri3ve
The Jury wag
,then discharged, and several Pri-
sono.s ~vere brought yp tinder the Vagrant Att.

- .
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At Ow •SiA-Ot:Ficit No. t 12, Strtiod.4 vtinvra Aduotisethehii, (..)rjers 10.; the Paper, Getters for the matt