The Sun.
London, England, 1824-01-14 00:00:00

PORTUGAL.

LISBON, Ds:c. 23._ We have already said that
the British Parliament has been prorogued to the
3d of February. Some journalists fancY that the
affairs of South America will be discussed'in that
Assembly. We are ignorant under what 'point
of view they judge such a discussion practicable,
if it is understood to commence by it an inter.
vention hostile to the rights of the mother coun-
tries ; and if it can be just only in time inteutiou
of offering good offices, they may, perhaps, be
asked by the legitimate Sovereigns.

The consideration of the mercantile interests
of any foreign nation as a ground for interference
in the domestic concerns of another independent
nation, without its asking it, is a ridiculous 'ab-
surdity, contrary to all the principles of the laws
of nations ; to change the state 'of things contrary
to the will of the proprietors, is odious on the
same principle ; even supposing the end to. be.
praiseworthy, that is not sufficient to sanctify the
means. As there does not exist on the part of
Spain or Portugal, any perfect internal 'or exter-
nal obligation which interests the proper or per-
fect rights of any other nation with respeCt to
their transmarine provinces, it is evident • that
these two Powers have the liberty to regulate
with the entire plenitude of their nationals and
political rights, their interest in those countries
which they colonized at the expence of their To-
pnlation and riches, and which really form an.
integral part of those monarchies.
It is afflicting, in so enlightened an age as ours,
to see the speculations and theories of certain
writers, relative to the Spanish and Portugnese
possessions in the New World, losing sight of
all the best principles of sound morality, and of
the natural law of nations, to subject therii to
mere mercantile calculations, or the abstraction
of what is emphatically styled the spirit of; the
age, to which Europe and America owe their pre-
. sent agitation. Who has the right to regulate or
discuss the means of preserving those provinces,
of improving their condition, of watehing.over
their felicity, of securing them against whatever
may threaten their internal or external security
rand tranquillity, unless it be their legitimate
Sovereign, that wise and tender father,t6 'whom
Providence confided this power and this duty,.
together with the legitimate prerogative of Sove-
reignty over all the countries of his .inherited
empire ; and who, by his direct relations' with

the people whom he governs, is not only better
qualified to judge of their wants and interests.
than speculators or metaphysicians, but is most
deeply interested in the prosperity, the great—
ness, and glory of these people, with whose feli-
city his own greatness and glory are insrptirably
united

CAM BRIDG E SESqONS.

j3vAre the RECORDE fti—Monday, January 12.1

CHARGE OF SWINDLING AGAINST A STUDENT
OF THE UNIVERSITY.

The Court House was crowded to excess at an
early hour, and. 'Members of the University were to be seen in
all parts of it, in consequence of a long standing and serious ac-
cusation against one of the Stiidebts of-Trinity College. Upon
the Bench sat several of the Fellows of the University, and other
rnen'of the highest respectability in 'the county. The case ex-
cited the deepest interest, On account of its novelty, as connected
with a Stiide:it of Cambridge, and the respectability of the family
of the. accused. .
James 'Gel was indicted, for that he, not minding to get his
living by truth, but being evil disposed, and devising how he
might obtain possession of the goods of others, for his unthrifty
living, did send a letter, or cause a letter to be sent, in the name
of William Henry Ord, which letter was false and fabricated,
to\William Newby, of Cambridge, for Four Volumes of Heine's
Virgil
• To this indictment the defendant pleaded Not Guilty.
There was another indictment, charging the prisoner, in the
same form, with having sent a false and fabricated letter, in the
natne of Thomas, Lord Haigh, to William Warreker, of Cam-
bridge, for a dozen pair of black silk stockings, a quantity of
shirts, silk gloves, &c.—To this indictment, he also pleaded
Not Guilty.—The defendant was permitted toadt at the table,

next to hiS Counsel and Solicitor. -
Mr. PRINCE conducted the prosecution. The defendant, he
said, wee a student of the Inner Temple, and was lately a Mem.
leer of Trinity College. The Jury must, doubtless, hear with
astonishment that a young man in such a station of life, and so
respectably connected, was indicted for the offence which had
- been just particularized. This circumstance would probably
be alluded to in the defence, and used as an argument against
the probability of guilt ; but it should be considered that men
were only rich in proportion to their power of making their ex-
pences subservient to their ability, and that was a good defi-
nition of affluence which stated that he was a rich man who
Laid by more than he expended. It would be proved that the
defendant had availed himself of the knowledge which his ace-
elernical intercourse with soma Gentlemen of the University
gave him, and that he adopted a course which disgraced him-
self, and reflected discredit upon the University. The indict-
ment was founded upon two Acts of Parliament, the 33d of
Henry VIII., which enacted, that if any one obtained goods by
colour of false pretence, or counterfeit letter. he should be int-
aiehed by fine or imprisonment ; and the.3oth of George IL,
which extended the offence to any false representation what-
ever. There Were several counts which the Learned Counsel
enumerated, but which it is wholly unnecessary to notice here.
Mr. Newby, the prosecutor on the first indictment, was, he
-mid, a bookseller, and had had some dealings with the defend-
at!. On the 3lst of. July lie received a letter to the following
erect r.-- " Isle of Wight.
" Mr. Newby; Sir—Be so good as to send me immediately
a copy of Heine 's Virgil, four volumes large paper, if you have
it; also an edition of-Horace. I am in the Isle of Wight with
my tutor, and shall be moving about constantly_ I have a
parcel coming from the Bull Inn, Aldgate, on Friday, and will
tbe.nk you to send the books directed there in the Safety-coach,
till called for, so as to reach the Inn in time to be forwarded to
tne.—l am your obedient servant, W. H. ORD.
" Trinity College." •
Now Mr. Ord should be produced, to prove that he neither
. had written the letter nor sanctioned the writing of it. Upon
receiving it, Mr. Newby made no scruple to prepare the books
—but not being supplied with some of them, he WAS induced
to apply to another bookseller for an accommodation, usual
MlOngst the trade; and he then ascertained that this letter was
not a solitary instance of the liberty taken with a name ; for
another letter had arrived from the Isle of Wight, giving an
order in a different name for books and there is strong reason
to suspect that the subscribed names of the gentlemen had been
forged, and by the same person.
Here Mr. linen'', Counsel for the prisoner,. objected to the
statement of Mn Prince, observing, that he was speaking j
tively of what he could not prove in evidence.
The RECORDER said,. he was bound to give Counsel credit
fcr what they said. They knew the rules of evidence, and he
trusted that the latitude would be exercised as discreetly as
possible.
AT:. PRINCE continued. Mr. Newby, notwithstanding the
doubt existing in his mind, executed the order. He, however,
sent a person to watch his supposed 'enerespondent, and detere
mined, if any fraud was meditated, that proper steps should be
taken to detect the offender. An officer was forthwith dis-
patched to London, with directions to apprehend any person or
Persons who should call for the parcel directed to Mr. Ord, and
the parcel was sent off to the Bull at Aldgate. -As was expected,
person called for the parcel in due time, received it, paid the
carriage upon ic, and in walking away was apprehended. by
the Cambridge constable,, under such circumstances as proved
'his guilt, fur he betrayed symptoms of confusien, and had upon
bim a slip of paper which contained memoranda, forming a
l Cambridge shop—
keepers.leneesy,p
was no other than the prisoner. The Learned Counsel regret-
ted that two letters to other shop-keepers had unfbrtunately
been burnt, and so much evidence of course put out of the wad ,
but the evidence upon the case he had just submitted would,
he thought, be considered. quite conclusive. It would, how.
give hint satisfaction if the defendant should succeed in
convincing the Jury of his innocence, and fixing the offence
upon another person—a course which it was said Mr. Such in-
-tended to adopt, by arguing that he had applied for the parcel
. at, the request of-e_ pretended friend, and thus became an into_
*cent and unsuspecting object of suspicion. After having de-
tailed the evidence, that follows, Mr. Prince called witnesses.
Richard Newby examined by Mr. Pnexca.--I am a book-
seller in Trinity-street, in this town ; I know Mr. Such, for-
merly a member of Trinity College; I have had transactions
-with him ; I know Mr. Ord, of Trinity College ; I received on
the 31st of July this letter.—[Here the witness produced the
:atter, which was read by Mr. Prince in the course of his ad-
dress, and signed " William Henry Ord."j—l suspected the
letter was not written by Mr. Ord. I packed up the books ;
went to Mr. Carter, the grocer, and to Mr. Baxter, and after-
wards I sent the hooks to the Safety Coach-office to go by the
next morning's coach. I had a suspicion when first I received
the letter. The books were a copy of Heiners Virgil, four
_volumes, small paper ; I directed it to William Henry Ord,
&e ~ to be left at the Bull Inri, Aldgate, till called for. I in-
structed Barrage, the officer, to go to London, and desired him
to apprehend any person who might apply for -the parcel of
books. The parcel was packed up by myself, anti I sent a
servant with it to the office. The value of the Virgil is four
guineas in,bottrds. I should net hive sent the goods if I had
not received that letter.

Mr. HUNT ; Recollect •hat you say that upon your oath.—
Witness : I repeat it.
Cross-examined by Mr. HUNT : I believe at the time I
parted with the books Mr. Such was a member of Trinity Col-
lege. I cannot swear that he is now a member of Trinity
College. _ . .

Mr. If uNT asked why the witness had said -Mr. Such was
formerly a member ?—The witness made no reply.
Mr. HUNT said the word had been used to serve a particular
purpose.
Mr. PR/NCE begged leave distinctly to deny that. The ob-
ject of the prosecutor was merely justice, and it was a matter of
no importance \Vl:ether or not the defendant was now a mem-
Lee of the University.
Witness proceeded : All my bills to the defendant had been
regularly paid. I sent my own boy to the post-office, on the
31st July, end received the letter froth him on his return.
Mr. I-1 uNT : Will you swear that that letter which was given
.to iou by your boy was sent by the post-office ?
eVitness : I cannot swear to any more than I have said. I
received it from my boy.
Witness continued: I was more convinced afterwards that
the letter was not,Mr..Ord's writing. The letter requested me
to pack up four ioluines of Virgil, large letter ; but not having
large letter I sent small letter.
Mr. HUNT observed that the order required the large letter
Virgil, and no other.
The RECORDER decided. that Mr. Hunt's assumption was
erroneous. The order required, that if large letter was in Mr.
Newby's possession, he was to send it.
Witness: I sent the books in boards, because I had not them
bound ; if they had heen bound, the price would have been
12s. more. I sent them in pursuance of the letter, notwith-
standing my suspicion. I don't know whether Mr. Such had a
large library or not; and would have hail no objection to give
credit to him. I desired Burridge tp apprehend the person who
might apply fbr the parcel, but do not know whether he saw the
parcel of whit I ;are him the direction. It' Mr. Ord had
come for the parcel,' he must have been taken up certainly. I
was so satisfied that it was not the hand-writing of Mr. Ord.
that I gave those directions. .
Re-examined :—I don't recollect ever having seen Mr. Ord
write ; nothing occurred that day to make ine think it was Mr.
Such who wrote the letter.--Cross-examined : I will not
swear to Mr. Otd's hand-writing, or to vitiates not his hand-
writing, yet I was perfectly convinced that Mr. Ord Was not
the writer of the letter.
George Pleasant examined by Mr. Prince live with Mie
Newby'% father; was employed by Mr. Newby to take a par-
cel on the... 31st July to the Safety coacheoffice ; it was directed
to William Henry Ord, Esq.; the parcel was. signed by Mrs.
Salton, who keeps the office. Here the entry was read, as fol-
lows :—" W. Henry Ord, Esq., Safety Coach, Ist of August,
Bur, Alrigate."—Cross-exanained: I did not see the parcel

packed up ; did not see what it contained, but I. receiv•:,d it
from Mr. Newby.
W. Burridge examined.—Was sent by Mr, Newby to Lon-
don on the last day of luly, to go to the Bull, Altlgate; to
wait for a parcel directed for 'William henry: Ord, Esq.,,and
to apprehend any person or persons who 'might come for' that
parcel. I went there ; I had seen this direction, and, I believe,
the parcel, at Mr. Newby's ; I believe this to be the parcel
(poining to the books) ; I went to the Bull, and a Gentleman_
came up and asked whether there was a parcel for Mr. Ord.—
Mr. Such is the Gentleman; he paid something; lie was dressed
like a gentleman ; the parcel was put down close to him ; I
saw a slip of paper in his hand at that time ; he asked for a
parcel in the name of Henwitch, and was told there was not
one. The word Bull was upon the paper, which he put into
his right-hand waistcoat pocket; it was the only word I saw ;
Gregory, a city officer, was with me at the time. Mr. Such
then went down the steps with the parcel, and I said to him,
" that parcel is not directed to you ;" he murmured, but I
could not understand him; I did not know who he was ; I took
hold of his arm and told him lie was my prisoner ; he was very
much confused, and asked me whether he could not go to his
friends ? I said no, that he must go with me; he did not say
any thing about the parcel there; he was taken to the Compter
in Giltapur-street, and a paper was taken from his right-hand
waistcoat pocket; it was the same which I had seen at the
Bull in his hand. Next morning he was taken' before the-Lord
Mayor, and from him brought to Cambridge.--L Witness here
opened the parcel, and exhibited the volumes.]
Cross-exatnined by Mr. Huwr.—l went to the Inn, to take
up any person who came for the parcel; I should have taken
up Mr. Ord, had he came for the parcel, but I was given to
understand that he was not the person. and would not come.—
When the parcel was taken up by him, I was in the coach-
office, behind Mr. Such, inquiring about another place in a
coacli; at that time it was my duty to look over a gentleman,
then reading a note, under such circumstances. swear that
the paper, taken by my brother officer, out of tha waistcoat
pocket of:Lilr. Such, is the paper I saw Mr. Such reading at the
Inn.

Mr. HUNT : And yet you only saw the ward " Bull" upon
the paper ?—Witness : I swear it to be the same paper. I b.g-
lieve it to be the same paper. I can't be mistaken. Mr. Newly
told me there were books in the parcel, hut of what description
he did not, I think, mention. I said nothing to Mr. Such
until he had taken his parcel.
Re-examined : The paper was of the same appearance and
size of that which I saw in his hand.

By the RECORDER : I saw the right-hand pocket of Mr.
Such searched, liut I do not know Whether there were other
papers there. I saw that paper there.
Mr. Newby proi,ed that the volumes of Virgil were his. He
had marked them beforelie sent them off.
Joseph Gregory, a Police Officer, of London, examined :—I
went with Burridge to the Bull at Aldgate, on the Ist of Au-
gust, having received instructions from him that I should ap.
prebend a person or persons who should call for a parcel. After
two hours delay there, Burridge beckoned to me, and 1 heard
Berridge say to Mr. Such, " Does that parcel belong to you ?"
Mr. Such spoke something in a low voice, and appeared flur-
ried. Mr. B. said, he was his prisoner, and Mr. Such said,
" Lord ! it will be the ruin of my family." We walked a few
paces, and called a coach, in which we drove to Giltspur-street
Compter. I then searched him; I found this paper in his
right-hand waistcoat pocket, and Burridge desired me to take
care of ii.—Th4; paper was read, and is as follows :
" Mail-Office, Friday Morning.
" Wanker, L. T. H. Henwich, Mrs. Nelson.—Safety.—
Bull, Newby. " W. H. ORD.
" Tally 0, Two Neeks.:•LWagstafr, Bull Inn.
" W. H. Fetter Ord.
" Telegraph, Four Afternoon.—Nicholson, Ord.—Fly, G.
wad B. Boar.”

Cross-examined—Then I searched Mr. Such; Burridge was
with me, and did not part.from me any part of the time ; it was
quite light at the time. The yard of the inn is public, and I
could see into it from the street. I did not know Mr. Such at
the ; I knew where Mr. Such lived in town, because he
told me where. I heard he had two sets of lodgings, and I
mentioned it before the Magistrate. I have been informed that
he.had lodgings in Bedford-square ; my, object in telling the
Magistrate was to gratify him ; I had kissed the book at the
time, but I stated about the lodgings without considering it
was upon oath. I heard others say so, and I said I heard so.
When Mr. Such said, " Lord, it wjll be the ruin of my family,"
Burridge was near me, and I rather think he heard him say that.
By the Itt-conns7.ll: I asserted that I was told that Mr.
Such had two sets of lodgings.
Peter•Cempion examined ,by Mr. PRINCE :-1 was in the
habit of fetching lir. Newby's letters from the post; on the
31st .July, I had got two' letters from the post.office' and I
gave them to 111 r. Newby. Those (the letters produced) were
they. The date was different from that of other letters which
Mr. Newby received, and I know one Iron's the Other by the
blue cast of the paper.—[Here there
was a burst of laughter
in the Court, caused by the very c'rcurstantial manner in
which the boy answered every question, and the REcoanEst
declared; that if upon any future occasion he 'should hear any
thing so diSgraceful upon so serious an oceash„, so
offending should be committed to prison.
ksThe witness then
pointed out the blue cast of the paper, a t sfferenCe palpable to
the Jury. Witness : I paid the postage on thoseletters, for
one of them tpaid 8 postage,
d.the- ptrson
but I do not know what I paid
for the other. The day the.letter arrived was the 31st of July.
William Henry Ord, Esq. examined by Panics : I
am a Fellow Comthoner of Trinity College; I was in North-
umberland at the latter end of July last
Mr. Husur objected- to Mr. Ord's evidence, on the ground
that such evidence was calculated to release him from A debt.
In Dr. Dodd's case,.'and in Abialarn Newland's case, the evi-
dence .by interested -parties was,rejecte.d. ltilr. Ord
dently an interested party.here, and therefore could not legally
be heard. It was not because the Learned Counsel thought his
client in danger that he Made this Objection.
The RECORDER instantly over-ruled the objection, and ob-
served that in a case of civil action the objection might have
weight ; the. cases of forgery did not apply to the present case,
they were an anomaly in law.—Witness : I was never in the
Isle of Wight (looking at the letter signed with his name).
This is not my hand-writing. I never authorized any one to
write that letter, or any such letter; I authorized no person to
get a Heine's Virgil from Mr. Newby, not even verbally.—
Cross-examined : I don't remember having dealt with Mr.
Newby ; I may have bought a book occasionally from him.
Wm. Warreirer.—l am. a hosier and glover in this town ; I
know Mr. Such.; I have supplied him with goods, and have
had letters and correspondence with him ' • I have not sent him
any goods in 'his own name • I have sold him good's when he
was in the University ; the fetters I bad from him Were in his
own name; I made up some shirts for him, in consequence of
a letter sent from him ; I had a conversation with bins on the
subject, and he said he had ordered the goods ; h received two
letters from' him ; the one was to know whether I made up
goods, and the other was an order for the goods ; the letters
were not denied by Mr. Such in the conversation with mi.
Cross-examined.—Mr. Such had since sent a letter to me,
desiring me to send the goods down, and he would pay me for
them; I had received a former letter in the name of Lord
Thomas Haigh.—By the RECORDER-1 14 made up a set
of shirts for Mr. Such, in consequence of the second letter, but
I did not send them.—The RECORDER asked whether the ob-
ject of the production of this evidence was to prove that the
witness could identify the writing of Mr. Such. •
Mr. RAINE answered in the affirmative:
The witness :-1 directed my letter to Mr. Such, at No. 6,
Adam-street, Adelphi.—Cross.exatnined : I think I have seen
Mt. Such write ; but I can't swear that I have seen him write.
_ _

Witness: I think this Wiitin!4 (the letter produces: in
dence) is the writing of*Alr. Such.
Cross-examined.—To the-best of my belief it his writing.'
By the Co un.T : I should have answered a letter so receiv-
ed as coming from Mr. Such, if no suspicious; circumstances
took place.—Re.examined: Witness—lupposed I received
letter from Lord Thomas Haigh.

Mr. HUNT objected, that the statement just made by the
witness referred merely to a new offence, and could not be
taken as evidence upon the case under consideration.
Mr. PRINCE contended, that other libels might be proved,
to chew the quo unimo with which that under trial had been
written.

The RECORDER was of opinion that a paper containing a
memorandum in which Lord Haigh's name was mentioned,
was admissible as part of the rev guts, but decided against the
examination of evidence upon it.
George Henry French, Esq., of Trinity College, was called
upon his subpoena, but did not answer.
Mr. PRINCE here closed the case for the prosecution.
Mr. HtrxT rose for the defendant. Ile said that his object
in addressing the Court was to point out the legal grounds up_on
which the prosecutor was put completely out of Court. His
client intended, if there existed any necessity for a defence, to
enter at length upon the vindication of his character, hut the
legal objections which presented themselves to the further en-
tertainment of the charge, were so great, that as a lawyer, and
of course bound to tak advantage of every defect, he must,
notwithstanding the reluctance of Mr. Such, claim an acquittal
for him on the mere strength of those objections. In the first
place, this case did not come within the statute ; in the next,
the prosecutor had put himself out of Court by proving that lie
was not deceived by the pretence; and lastly, the fraud attri-
buted to the defendant was not within the jurisdiction of the
Court, the possession having be ,obtained in the City of Lon-
don. It were to be wished that *e.;subtlety which had so com-
prehensively drawn up the indictlent,fm: great judgment had
been exercised on the occasion, hail confined itself to civil
cases, and not born down against one in-tlie situation of the
defendant, whom he believed to be a most nthiahle and innocent
young man. Now, as to Mr. Newby'e being deceived, how did

that appear? When that gentleman received the letter, he sus-
pected that it was not from Mr. Ord. He received confirmation
upon consulting with his neighbours, and still he sent the
?, books. Here was-a palpable variance between the indictment
and the evidence ; for the one said that. Mr. Newby was de-
: ceived, and the other said that he was not, but on the contrary
that he was quite convinced of the deception. The Act of Per-
: liament was made the the protection of simple unsuspecting
men ; not for men who, like Mr. Newby, were protected ,by
their own caution, and who, like him.; would be disposed to con-
vert a letter which was not calculated to deceive him into a
ma.n-trap. The goods were all the while in his possession, or
under his controul, and Mr. Ord, of whose respectability there
Could not be the slightest question, 'was liable to be appre-
hended as well as any body else, according to the very broad
and comprehensive directions of a person who had taken such
good care of himself as to be indifferent to the feeling of those
around him. He had the means of detecting, and he did
detect, and knowing that there was an intention to defraud,
he sent the goods. He was therefore out of the meaning of the
Statute, for he was a person not deceived. The Learned Coun-
sel here argued upon the words of the letter, which he said or-
dered a large letter Virgil or none. A small letter Virgil had
been sent. The order was therefore not complied with. Was it
possible that if a man asked for a horse, and was sent a cow, it
could be argued that his order had been complied with (loud
own accord, and the person who-received either was not charge-
laughter) ? The small letter or the cow was sent of the owner's
able with the crime of a false pretence, for lie sent for neither.
Why, Mr. Newby might send a hundred volumes upon
an order for one, if such a doctrine were to be admitted,
and charge the person to whom he should send, either with
. the debt or the offence. Then as to the venue, the
. goods were certainly obtained in Aldgate, in the city of Lon-
, don. Here, then, it was palpable that the receiving, which was
the, carpus delicti, took place out of the jurisdiction of the Court.
The Learned Counsel then cited authorities to prove the claim
; of his client to acquittal. The prosecutor's possession of the
goods had, he said, never been given up. The parcel was con-
structively in hit possession, for he had sent an officer with
L directions to take up any one who should apply for it. To
. deal other Wise with the Statute' than as he (Mr. Hunt) had just
laid down, would be to turn it into cunning, and he therefore
called upon the Court to declare . that his client was now, as he
had been along, corarn non Judice.
Mr. PRINCE commenced a reply to those arguments by some
observations upon the appeal made to the passions of the Jury ;
but Mr. HUNT requested that he would touch the law of the
case, and stick to that.
Mr. PRINCE.—Why, Mr. Hunt, I do as you do.
Mr. HUNT : Copy my virtues, not my defects, my friend.—
, Touch the law.
Mr. PRINCE submitted to the Court, that the guilty inten..
: tion was the only thing necessasy to be established, in order to
. shew the propriety of prosecuting under the Statute on which
. this indictment was founded. So much for the first objection.
With respect to the second—lf a man were to send in the
name of another fhr a coat made of Saxon wool, and that the
' tailor, not having wool of that kind, sent a coat made of an-
. other sort, would the crime of the cheat be less amenable to the
, law ? The third objection was answered as easily as the two
. first. The possession of the books was obtained the moment
they were sent to the Booking-office, and of course the venue
was correctly laid.
: The RECORDER concurred in Mr. Prince's view of the objec-
tion, and accordingly over-ruled-them.
Mr. HUNT then said he should leave the case in the hands of
. the defendant, who was preparing for the profession of which
he would one day be an ornament.
The defendant, who sat at the table, next to his Counsel,
then rose.—The time of trial, to which he bad looked for the
last six ninths with so much anxiety, had at length arrived,
and deeply painful as his anticipations had been, they fell far
short of the present. overwhelming feelings of his heart. He
stood there charged' ith an Offence against society which he
, revered, against a God at whose name he trembled, and whose
worship he adored—he stood charged as a common robber. A
member of a family whose respectability was acknowledged by
all, whOse good name had never been tainted—a member of an
University, upon the good opinion and support of which all his
hopes in life depended—he could not but feel in his present con-
dition an agony beyond despair if he had not within his breast I
a conscience free from offence, and a dependence upon the
wisdom of those who were to decide between him and his ene-
mies.
But the Jury, even the Jury, came into Court loaded
with prejudices against him. That it could be otherwise was
impossible ; innumerable were the insinuations made through
the town in which he was to be tried against his character,
and every new edition was more aggravated and inflamed ;
but he knew that those prejudices and those suspicions would
all fly off before the great tribunal at which he 'stood for the
vindication of his fame; and that the reports -which he was
,obliged to notice, although no attempt had been made to
establish their truth, would not be suffered to interfere with
the judgment of thee twelve men who - were to decide upon
his fate. AU that the tonge "f malice could utter or invent
against him, had been spoken, and how feeble had the
venom proved itself to be, wnen the specific which greiv up in
a British Court of Justice was applied !
Look at the support
w delaration,
hich the so publicly bellowed through the streets
of Cambridge, that he was the occupier of two lodgings in
ILondon, received! The clamour was adopted because there
was something suspicious in the itlea of keeping two lodgingse;
1 and yet there was no ground for the rumour, except, indeed,
I the suspicion of a police - officer, who heard it said by some
other person, and- therefore thought
there could be no doubt
ofethe fact. It had been denied too that. he was a student of
the Inner Temple, and he was charged. with presumption` in
asserting that he was. But this like all the other in-
dignant attacks, was false ; ated he bad it in his power to
shew it by the production of his certificate, which he fortu-
nately, had not been deprived of,
Those and a hundred other
false reports had been long floating through the atmosphere of
Cambridge, and must have drifted into the ears of the jury, and
he should make no other excuse for alluding to circumstances
which lie was aware could have no effect upon their minds in
their calculations upon his guilt or innocence. Credulity, and
prejudice, the child of credulity, were the native inhabitants
of the mind. To guard against their influence was a task of
no ordinary difficulty ; and what individual was fortified against
the constant, the incessant reiteration of charges which went
to gratify the mischievous propensity of mankind ? It - was
a saying of Edmund Burke's, that the same thing repeated
daily for twelve months, would at the end of that period be
believed by
the inventor.. Six months had all those stories, to
his (the defendant's) injury, been in daily circulation, and
arguing from the data of the philosophical politician, a cor-
responding degree of credit might have been given to the accu-
station • . so that the minds of his opponents must naturally be
expected to have acquired a sharper tone of animosity by the
pernicious habit to which he had found it necessary to al-
lude. It was true he had the books in his possession—it was
true he had the slip of paper in his possession ; so far the ap-
pearances militated against him, but this possession had no-
thing to do with a false pretence. Not one word of evidence
had been adduced-in proof of- that most indispensable material,
in a charge of fraud. A link was wanting in the chain, and the
accusation ipso facto fell to the ground. The intention of the
accused was as free from evil as were the thoughts of those
whom he now addressed, and happy would he have been had
his Counsel listened to his suggestions, and scorned to press
any legal point, content to let him stand or fall by the unvar-
nished representation of the real facts.. It was indeed a source
of great satisfaction to him that the Learned Recorder had
over-ruled the objections which had been advanced for such a
subterfuge, as ari application to errors in legal writings or state-
ments, as a ground of acquittal, was only fit for the guilty.
There was a.hernic. innocence as well as a heroic courage; he
felt the latter in all itei vigour, arid to the trial by jury, which
must be called the palladium of British liberty, so long as it
remained incoruptible either by passion or avarice, he would
rather submit his case than appear to be under an obligation
to mistake or inaccuracy for the result of the trial. He dis-
dained all attempts to wind round the feelings of those who
were engaged in the solemn and important investigation of the
truth. He disdained to retake an effort to harrow up their feel-
ings by showing to them how inseparably interwoven his des-
tinies were with the fate of others who were much dearer to
him than life: but he would emphatically importune the great
searcher of hearts to enable them to see their way with a pure
vision. ,There were no windows in the breast of man. Would
to God that they could behold the leeneiratia of his bosom.
They would acknowledge that the taint of this mean and des-
picable vice was not to be found there. That the books were '
meant to be obtained fraudulently he had no hesitation in be-
lieving, but that he became possessed of them in a just and
honourable manner he would convince the Jury, that there was
as little doubt ; and he hoped they would demand the most unde-
niable proof that he was the writer of the letter, before they con-
sidered him guilty. He then said, that observing the impatience
of the Jury to hear his defence, he should proceed without more
delay to give them a detail, to the truth of every word of which
he pledged himself before the face of Almighty God. During
his residence in Cambridge, he was in the habit of riding
to Newmarket, where he occasionally laid wagers with
persons of whom he had no previous knowledge, and he be-
lieved he was not singular in that respect. Upon one occa-
sion he laid a wager of 101. with a Mr. Hales, upon a race.
horse, and won, and Mr. Hales gave him his card ;
called upon him at Mrs. Perry's house, where he lodged,
and paid him ; here commenced an acquaintance, which
the defendant should never cease to deplore. Ile thought
that Mr. Hales, whose appearance and address, and ac-
complishments were all corresponding, and of the very
first order, was a Member of the University, for he spoke of
several Noblemen and Gentlemen with an air of perfect fami-
liarity. Another bet was made between them ; Mr. Hales wa-
gered 4 to 6 against Emilius at Epsom races. He (defendant)

was to have met Mr. Hales at Epsom Downs, but the Univer-
sity duties interfered, and he was obliged to absent himself;
he lost the wager, and soon after saw 111,r. Hales at Vauxhall
Gardens ; there he apologised for not paying the debt of ho-
nour, requested that his creditor would say nothing about it,
and invited him to chambers • the acquaintance was thus gra-
dually sipening, and Mr. ffales's elegance of manners and
accomplishments appeared to greater advantage upon closer
acquaintance. Such, in fact, was the power of this very
elegant person, the defendant declared, that he should
have placed, and actually had placed the most unbounded
confidence in him. During the subsequent interviews, Mr.
Hales shewed the same fascinating deportment. "At last,"
said the defendant, ' he was obliged to go to Brighton ;"
lie came to me and told me so, and wished me to accom-
pany him. I was obliged to remain in town to attend terms,
and consequently refused, but I offered to render, him any
service in my power during my stay. Indeed, said- he, lain
very thankful to you, and you can do a little commission for
me. I have, added he, been commissioned by Mr. Ord,-11r.
Hennitch, and Lord Hay, to have some parcels which they ex-
pect
in London from Cambridge, transmitted to them. I said,
at once, to accommodate him, that I would attend to the busi-
ness ; he thanked me, and said that the gentlemen to whom he
was to send the parcels, were in the Isle of Wight; but, said he,
I dont't know any thing about the Isle of Wight, I am quite a
stranger to it ; however, I shall, on my returna' do all that is
necessary if you will be so obliging as to get the parcels, which
are to be directed to the Bull Inn, into your possession, and
keep them in a corner of your bed-room ; I consented to do so,
and to pay whatever charge might be made, and, Gentlemen of
the Jury, " The very head and front of my offence hath this ex-
tent no more." I did not think it necessary to send a porter for
the parcels, for I calculated that he must be paid half-a-crown
for the errand from the Bull Inn to Adam-street in the Adelphi,
and a coach would not cost me more ; I therefore, having no-
thing to do, walked to the Bull, applied for the parcel with-
out fear ov hesitation, obtained it, and was walking down the
steps to call a coach, when the officer laid hold of me. That
officer and his companion have said just as much as would
serve the prosecution, and no more. They have forgotten
what I said, and, to' answer their own purposes, they falsely
stated that I had murmured. 'What I said, I said distinctly
and firmly. 1 said I know my name is not Ord; and that I
would take care of the parcel. It is false to say 1 was flurried.
The officer told me it was necessary I should go to Cambridge.
What was my conduct on the whole occasion ? I defy any hu-
man being, except those who look to future advantage to them-
selves, to say that it was not the conduct of an innocent man.
But in a special peader's office, the first and Olden rule is,
never to put a question to a witness which will not answer the
purposes of the prosecution ; and this rule has heen adhered to
by the Counsel for the prosecution. I repeat, before the face
of Almighty God, that my conduct was that of an innocent
man; that my conduct is that of an innocent man, who has
been imposed upon by a villain. This is the plain " unvar-
nished tale" of the whole scene of misfortune. The same ac-
count I have always given, and the same I shall give at the
judgment-seat of Christ." The defendant said he should now
proceed to the second part of his defence; and he addressed
himself in the most solemn manner to the reason and judgment
of the Jury, as well as to theirintegrity in following him through
all the parts of the great topic of his vindication. He suppli-
cated that he might not be hurried to a prejudged execution,
and that they would cast the eye of philosophy upon what he
had to deliver. It had been agreed to by all writers, that rea-
son alone made man accountable for his actions. If that
was the case, would not a verdict of lunacy be brought in
against him, before a verdict of fraud, if he had acted as was
described? What could be the motive for the commission of
profit from the sale of them. He would
first
the crime ? He must have had some end in view—either the
pleasure of reading the books lie was accused of having obtain-
ed
motive was not the pleasure of reading Vir-
gil; fraudulently, e
that
would in evidence that he had an extensive
library ; that he had five editions of the very book alluded to ;
that
member of the British Museum, where there
werespewlild theo
pr
a
of editions, and that he had other means of
gratifying a propensityto read Virgil, without endanger-
ing
ei u
n war A
tenon; The other motive was one of a more
serioushis P
nature.reu Ihe fraud for the sake of. profit clearly pre-
supposed povertY: This was the presumption which was so
philosophical a place knew that 'every effect must have a
general in Cambridge. The Magistrates who lived and acted
set him
was by attributing it to indigence, and they accordingly
cinaussne. The most charitable way they had to account for the
down as robbing for bread. He did not consider po-
offence
verty a disgrace, except when it was the known consequence of
was praiseworthy or ignominious, he had never had an
a bad course of life. It was a state, however, of which, whe.
of estimating the merits. Mr. French, if he was
intnhPePCor°riitturtn,i,teoYuld prove that he not only had enough for himself,
but 50/. or 601. to lend to a friend, and that he had taken up
bills lately to the amount of between 801. and 901. It would be
proved that his father always paid the University and other bills
on the days they became (hie ; that he had himself been always
studious, sober, and economical; that he was seldom out after
five o'clock in the evening, and never after nine; that he had
,a cellar full of the best wines, and an excellent library ;
and that he was in a state' of affluence, and was a man of most
punctilious honour. It had been said that hundreds of pounds
would not have satisfied his desire of expence. To a man so
insatiable, of what service could forty shillings worth of books
be-a-how could he turn a paltry robbery to thefgratification of
his passion ? He would prove that his credit at Cambridge was
good—that, upon application to any shop-keeper there, he
would- not have been refused, and that even Mr. Warreker, one
of the witnesses for the prosecution, allowed that he was to be
depended upon ; for after the charge had been made, that gen-
tleman begged to be allowed to send him twenty pounds'
,worth ofgoods. Mr. Warreker was here, and he had it in his
power to deriy it if he could—....
• Mr. WARREICER.—It is not true.
The defendant proceeded without the least hesitation.' He'
had, he said, plenty of witnesses to prove that Mr. Warreker
had made the request. The case was wholly without support,
and persons in the courts above knew it, for it had not only
been submitted to gentlemen of eminence at the bar, but to a
Judge, and they expressed their surprise at charging a man
who could command 401. at any time, with a robbery of 40s.
The RECORDER-4 cannot, defendant, permit that to be
said of a Judge, when it is impossible the case could have come
before him.

The defendant-asked, whether it was not reasonable to sup-
pose, that, if he wanted money, he would part with his Chro-
nometer,. for which he could have got eighty-five guineas in an
instant, rather than have to send to Cambridge for 40 shillings'
worth of books to supply his necessities ? Books might not be
a very marketable commodity, but the prosecutor had said,
that he would have given books upon his (defendant's) credit.
This must be allowed to be a solecism ; that a person who had
the opportunities of obtaining 'considerable credit without
hazard, should risk his character, nay his life (for this case
might have been prosecuted capitally), by making a base ex-
periment Upon the name of another. Let the Jury look at the
case as they would, they would see no more than this_
that lie formed acquaintances with greater speed than dis-
cretion, and the only point in dubio was, whether he was not
the dupe of a villain. He was a very young man, but little
versed in any arts but those of schools and colleges, and was it
miraculous that he should be deceived, when those whom he
addressed were constantly the victims of imposition ? He de-
clared, that as lie hoped for salvation he was cruelly and un-
justly punished ; that he complained not of prosecutors or
Magistrates, who were carried away by the torrent of suspi-
cion, and that whatever might be his fate, even though the ver-
dict should hurry his dying mother to the grave, he should
offer to God the effusions of a soul as resigned as it was hano-
cent. If the Jut.), believed him to be guilty, after such positive
assurances of innocence, they must believe him also to be the
most perjured and iniquitous of God's creatures, who would
be content to destroy his soul through all eternity, upon con-
dition of escaping from a trivial punishment. He begged the
Jury to reflect upon the consequences of an unfavourable ver-
dict to him and his family, and to prove by their decision that
he would not be induced to ruin the hopes of his brothers, who
were all younger than himself, and to become the digito mon-
strari of every passer by : that he would not by an act of base-
ness subject himself to banishment from his friends, a homeless
living monument of blighted ambition and detected villany.
lie wanted not such an acquittal as would be calculated to
throw the least shadow upon his innocence, sooner would he
rush into the presence of his God. The acquittal he wanted
was that which would restore him to confidence and felicity,
the reward of his innocence and the test of his truth.
[At the conclusion of this speech there were some expressions
of admiration, but they checked by the Recorder.]
The defendant's Counsel then called the following witnesses.
Mr. John Spicer, of Bedfordshire : I knew..3lr. Such since he
was a child; 'he has spent several weeks at my house at a time.
He has visited me within 12 months. I am very intimate with
his father. In my opinion he was a most upright young man ;
1 would not have believed it when I heard he was indicted ; I
supplied him with money frequently ; his father desired that I
should supply him, and never withdrew the order. _ _ _

Cross-examined': 1 have seen him two days within the last
12 months ; he has not applied to me for several years, but I
was always open to him.
Mr. Randall : 1 keep a boarding-house ; Mr. Such lived in
my house for some months; his deportment was that of a Gen-
tleman ; 1 do not think him capable of a swindling transaction :
when he was taken up he was lodgini, with me.
11r. Thomas Spicer, draper, of. Sheffield : I knew Mr.
Such 12 or 14- yearn I have visited him and he has visited
me; he has been at my house three weeks together; I should
not believe him capable of a swindling transaction, and will not
believe it; he could not have been in poverty, and I should

have given him credit or money if he wished ; I have seen *
number of hooks of -his at his father's house; 100 or more.
Mr. Smith —Mr.Such lodged at my aunt's, and had some
things from the shop ; I gave him credit ; I should not have
suspected his character; I saw nothing particularly wrong in
him as a lodger.
Mrs. Perry-31r. Such lodged with me two Terms ;he
always behaved well at my house ; I thought him a little gay,
hut I did not think him capable of any thing dishonest; I would
have trusted him any thing.
Mr. James Phillips, boot and shoemaker : I have had deal-
ings with Mr. Such, and consider him incapable of a swindling
transaction.
Cross-examined : I never heard any thing disrespectful of
Mr. Such, and always considered him respectable.
Mr. John Carter, grocer; I know Mr. Such ; he dealt with
me three terms ; we look to the tutor to pay ; I should not
have imagined him capable of a swindling transaction.
Mr. Lamb, a saddler : Mr. Such always behaved well to me,
and I should not have thought it likely that he would act
badly.
A horseAealer gave evidence
as to the same effect.
Mr. Crisp, confectioner w dealt with by Mr. Such, and
had no reason to doubt his honour.
Cross-examined.—Except in one instance, I believe him
never to have acted badly; and I still think him incapable of
a swindling transaction.—Another witness said, that until
the 31st of July, he thought Mr. Such incapable of an im-
proper act.
Mr. Randall Jackson, of Christ's College._l am a student of
Christ's College, and knew Mr. Such, but not at all intimately.
I have had transactions with him in small debts, and he always
behaved to me honourably.
Mr. Gaywood, a horse-dealer : I have had dealings with Mr.
Such. I think him incapable of swindling.
John Brown, Esq., a tutor of Trinity College : Mr Such is
my pupil. lie was in general at lectures, and extremely well
prepared. I had often been desired by the Dean to admonish
gentlemen for neglect of chapel duty, but never had occasion
to do so to him. lie never while with me did any thing to in-
duce me to think that he would engage in a swindling transac-
tion.

•
Cross-examined : He ceased to become a Member in August.
Solong as Mr. Such attended my lectures, and was under my
superintendence, he did not act reprehensibly. I have my
doubts whether he is or is not incapable of a swindling transac-
tion. I feel doubtful about his being incapable of committing
a fraudulent act.
Re-examined : I did not think him capable of a pecuniary
fraud until this transaction.
Mr. PRINCE expressed an anxiety to reply, and argued
strongly for the right..
The REcounxn.—l decide, two periculo, that no reply
ought to be made upon this case. •
The RECORDEIt then summed up the evidence. He ob-
served, that the case was of vast importance to the public, who
should, upon all occasions, be informed that no station, how-
ever high, could exempt a guilty person from the operation of
the law. It was also of paramount importance to the de-
fendant, for the verdict must either restore him to society, or
consign him to infamy and disgrace worse than death. In the
appeal made by the defendant to the feelings of the Jury, they
were to consider that, powerful as it was, it consisted of mere
assertions, unsupported by evidence.
The Jury retired, and in two hours returned a verdict of
Guilty.--The defendant seemed to be o,uite overcome at hear- • ing his doom ;he hid his face between his hands, and sobbed.
The RECORDER then addressed him, and said the evidence
had been such as to leave no doubt of his guilt in the minds of
any who heard it.
The sentence of the Court was then passed upon the de-
fendant—IMPRISONMENT FOR TWO YEARS.
The defendant does not appear to be more than 18 or 19
years of age. The trial lasted ten hours, and the Court and
passages were crowded up to the moment the sentence was
passed.