The Sun.
London, England, 1824-11-03 00:00:00

PRlci SBVI Npr cCI;

repeat that the indictment which had been preferred against
the unfortunate gentleman at the bar was precisely the same as
that which
wax alway*preferreet on charges of farging powers
of attorney: The counts were in the usual form, wit oft the
atarcotsfcdetso inneg b to y
slightest variation. He was at a loss to coneeiVe how it catild,he
contended, that an instrument such as that get forth in the Indiet-
niiien, the p
tbielerepgta ir
ttarlyostihegndedeet, siecaalend aeni.md dle,rloipveeredrly *co:
moreover containing in the last clause a covenant to make good
sidered as coming within the meaning of 'the 2d Geo. IL He
Was reminded of a' circumstance upon which he wished to make
one observation. It had been said that the instrument set forth
in the indictment referred to funds whiclihed been created-sub-
sequently to the passing of the 2d George 11. That' objection
could not apply to the third count, which was founded on the
4,.th. George III.; but the effect of cheat: for consolidating the
three per cents. was not to create a new stock; but merely to
make new arrangements with respect to stock antecedently ex-
isting. The system which was thus newly arranged, com-
menced, as was well known, in the reign of,Williarn IIL" • It
was worth remarkinkthat in the case of the King and Waite,
the forgery was committed with respect to the stock in queatiort.'
Mr. Lew followed on the same side, and endeavoured, at
some length, to support the arguments of his Learned Leader.
He concluded by observbg, that 'if the statute of the 2d of
George 11., did not applf.hk the present case, he knew of no
other that did.
Mr. ALLEY shortly replied to the observations of the Counsel
for the prosecution, and expressed his conviction that the obser-
vation with which his Learned Friend (Mr. taw) had conduit-
ed would have no weight with his Lordship. The Court would
he bound, by the law of the case, iiithout regard to the manner
in which its decision Might effect the prisoner.
Mr. Baron °ARROW then proceeded to deliver his decision.
The awful period had arrived .when, according-to the forms of
the law, that unhappy person at the bar was called upon to
declare whether he had any thing to sae why the eourt should
not pass judgment on him to die. The Learned Recorder of
the City of 'London, who by ancient usage and custom was
the organ by which the sentence of the law• lees pronounced on
the proper occasions, had unnecessarily—he must give him
leave to say so, when he considered his. long experience and
great learning—called upon him (Baron (:'atrow) and his Learn- ,
ed Brother, who presided at the trial of the prisoner at the bar,
to be present on this occasion. He regretted that theshort notice
which had been given of the intended proceeding had rendered
impossible for his Learned Brother to attend and give'the Court
his valuable assistance. Ile, however, regretted the chem.'
stance' the less, inasmuch as he was not able to satisfy his
mind that he could, with propriety; entertain the slightest
doubt with respect to the question which had been raised.—„ ,
The law of England did not permit a judge to allow 'his feel=
ings, even when favourable to the party- under accusation, to h-
fluence his judgment; but, thank God,it did not forbid him to
feel like other men ; and if he entertained the opinion that the
judgment of death ought not at the present' moment to 'be pro.
nounced according to law upon the. unfortunate gentleman at
the bar, he should hasten to declare that opinion, in order that,
us far as his poor authority was concerned, the poignancy of
his (the prisoner's) deep affliction might at least, for moment,
be alleviated. Ile owed it to his own feelings, and to h con-
sideration of the awful situation of thoprisoner, not to suite-that
he entertained doubts when he entertained nen° ; by doing so
he would only divert his (the prisoner's) mind from istChhject
of infinitely greater importance than any which was piiising in
that Court, even although it concenied Iris own interest,—an
object to which the humane Judge who tried him invited
his attention, and it was to be hoped, not without', success.
He regretted that the interval occupied, in the present ,Inoceed-
ings (not improperly, for it was the duty of • the prisoner's
legal advisers to catch at every thing which might iifferd a
chance of adverting his sentence) should interrupt the cilitree of
thought which he hoped and 'believett-the prisoner i4rme his
trial had indulged in. It was a great tonsolation to him in de-
termining the present question, to know. that the prisoietlfar&
did not depend on his very fellable' judgment; but- thatgown
to the very moment for sealing the warrant for "carrying,. the
sentence into execution,lf any doubts should arise
,tliginnts
ot' the law-officers of the Crown, they wolild he guinuitifr.d to
the united wisdom of all the Judges of the' edittitry:
present only called upon to deliver his opinion with 're'speee 'to
the•objection which bad been raised, and lid was lsotitid :Wetly
that he entertained no doubts on the subject. The laW required
that on the, face of the record, the Wile-ice with wiiitili.‘the
prisoner was charged should, for the information of thrit'Olent
age as well its of the latest posterity, be fully stated;' to `lti!ttify
the coining judgment. The indictment stated, •that thitlOsen
about to receive judgment, uttered, knowing it' to beliiked„
a power of attorney purporting to be executed by Fianees.
Young. This was stated to •be in violation of tire statute,
which had provided . the punishment ~of death for id who
should utter any forged deed, knowing'. it: to be forged*,--,
The forged instrument set forth in the indictment hiid till the
formalities of a power of attorney.- It was 'sealed', enct
ported to he attested by two witnesses; so that if it .hiel been
genuine •it would have operated for the purposes for which was intended. It had been said, that the word "
contained in the statute was to be undennood, not as applying'
universally, but as limited and circumscribed to instruments of a
certain character of which the present forged clocunkent was pot
one. That argument had,' in his opintotbeen stifficihdy
answered at the bar. It had been remarked, that the Court;
would. not allow its judgment to be influenced by the irrehi4li,-;
lity of a prisoner escaping unpunished. Judges were bound to
administer the law as they found it, It' the law Would lute
reach the offender, he must go unpunished, and the powels.of
the law must be extended so as to bring futute'offendeni within
its reach. It was the duty of the Court .to read the-law Mt
was.
.He must look to the Act of Parliament--drat was 'this
text on which he was to comment—that was the rule by which
his conduct was to be governed--the compass by 'which he 'YAW
steer his course. He found, then, that die statute mentiotitlti•
the word "deed" without any qualification. There was went,.
cepdon in favour of a power of attorney. Not even in faVour of
life to a prisoner, did he dare to write those words in any atittnte
it would be as unpardonable as to write in terms of blood.-
something to aggravate his guilt. He could tind nothing in the
arguments to convince him' that the Legislature hispeakingeitu
" deed" m eant an instrument convertible into money.: He was fn.'
deed at a loss to know what deed could be predicated as net con
vertible into money. A bill on goods was convertible into money
as 60011 as they could be sold. A building lease was --conver-
tible into money as soon ; for the moment the holder procures -
ground and building materials he may sell it. Thole were in.,
laments, not convertible into money, but by some act to bo
done by the holders of them. That was the case with the deed .
set nut in the indictment r by presenting it et the 'kink, the
prisoner 000/, stock was enabled to get into his own hands

it was a deed as much convertible into money as any class of;
deeds which (veld be referred to. But what was to be done in
cases where deeds were not Immediately convertible into money,?'
would suppose
e A was about to marry 11, with whom he re-
ceivell a largo portion. When they married, the parties on-
tered into deeds of settlement, the effect of which was to keep
the property, in the hands of both parties for Certain uses; on
the death of one party, to go to the other ; and on the death or,
both, to go to the children. Could any one say that this was 4 '
deed convertible into money ; and yet would any one say that it '
was excluded from the protection of the statute? In short, irate.,
.present case were excluded from the Operation of the statute, on
kind of deeds would'be equally excluded. lie might have con-,
nintoLtohnedcounnklynte)twelilnevgiat
tented himself with stating that the question had already'
been argued and determined. Ile alluded to the case of
Waite. Mr. Waite was a gentleman practising at Bristol as
an attorney. In. an evil hour he executed a forged power of • •
attorney, authorizing a person in Londoti to transfer a quantity'.
of emelt. The person in London believing the instrument .to.
be genuine, acted- upon. it. ',Mr. Waite was indicted, not for
si ntimotnr7;oesnet
to be lorged.' Air. Waite was etinvieted, and beyond all doubt
baumtvfoicrteiditt;er:jontgatqhtele
properlyfginga witness, which was argued with great ability L'' ' 1 amen Otuerl
by Mr.:Sergeant Besattqnetandthe Learned Mr Chbll • a 1 .TP e hu
Judges would neverhave entertained such a question for a MO-'
ment, with the fact attiring owia in the face, that •
the amen
which had formed the subject of the trial, waslat
t war' . '''
not deed in.O.,
contemplation of the statute. He felt hound-to say that his *OOl4 . •
have felt no difficulty-or hatitatinain
_deciding againstihopoint.
which had been raised on sepal
l fpf she priione Ile wol •. -
conclude, that in delivering that ' * r,
' .
lation in knowing, that, - that opinion, on,
Int he experiencea canto
te the 'latest period previous to the exe-'
cation of the sentence (if I Id
it ''' 'au bo tArneti bitty tacCutiaa),..
the Prisoner would have the b ' '
e client of the. united wisdom anti
learning of those who presided over the adniiiiiitration of the
law in ihis CCAllltry•
1 'lnc Rl:count:lt expressed his concurrence with the opiniou
which the Learned Judge had pronounced.
Mr. Fauntleroy then rose, anti read the following statement:
"My Lord--t am well aware that no emergencies, how_
ever pressing—that no embarrassments, however great, can bsr