The Sun.
London, England, 1824-11-24 00:00:00

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VIII; KING v. HENRY FAUNTLEROY.

JUDGES' CHAMBERS.
This morning, long before nine o'clock, all the
avenues leading to the Court of King's Bench
Were thronged by persons of respectable appear-
ance, awaiting the moment of the doors of the
Grand Jury Room opening, so anxious were they
to be present at the conclusion of arguments of
Counsel in the case of this prisoner. On the doors
opening,the first rush filled the room, which was

crowded to suffocation. At ten o'clock the
Lords Chief Justices of the King's Bench and
Common Pleas, and the Chief Baron of the Ex-
:chequer, entered the Chamber and took their
places at the long table ; the other Learned
Judges immediately followed, and on the twelve
Jedget; being seated,

The I.OIID CIIIEV JUSTICE ABBOT said, the
time was now arrived for resuming the argument
in the case of Henry Fauntleroy, and the Learned
Counsel who was to advance the further argu-
ment was now to proceed.
Mr. BRODERICK then rose and said, lie was
',110*) as the Learned Judge said, about to per-
forrn the painful duty which had devolved upon
lita,and lie lamented, on finding from the anxiety
of mind under which he laboured from is variety
of Causes, the probability of his being totally in-
stleilunte to the dot y ; however he would pro-
•ceed to slew, from the circumstances which had
wale within his knowledge, that the conviction
ill this Case was not one affecting the prisoner's
life, hut one founded on another statute, which,
to all cases of verdicts being specially re-
!limed, removed the highest penalties of the
ate. Their Lordships, as he had intimated
`°, them in his opening argumeet, were aware
Inat the ludietnThut was founded upon one of
the Statutes of Geo. 11. and had ten counts
.4poo which the prisoner was given in charge ;
but that count of the indictment upon which the
Prisoner had be-n convicted of " uttering " a cer-
tain forged letter of attorney, no matter how
explicit as general the term of it might be, was
.founded upon a statute, which in every section of
It, although it mentioned covenant, deed, and
bend, said nothing about a letter of attorney,
therefore he contended, as the clause of the Act
of Parliament had this omission, it clearly never
contemplated the act of tittering the power of
attorney ; therefore upon this ground the convic-
11°0 could not stand. The Learned Counsel
to proceeded, at very considerable length,
canvas the arguments he made use of
Yesterday, and laid particular stress upon
the question, Could a deed, as mentioned in the
Actof Parliament, be considered within its mean-
ing RS a letter of attorney ? he contended it could
notv fairly be so considered. In the case of the
414 V. Waite, that question was not mooted ;
4," on consulting some of the criminal statutes,
fie found several cases in which similar
Points at civil law had been held special,
Particularly where recovering property under
covenant was argued. Now the statutes of
,Bth Geo. I. and 31st Geo. 11. were more
'ally recited • in that of the 4th and sth
'GeO.lll.l yet he could not find in any of them
the mention of the power of attorney. or money,
or money invested by warrants of attorney In
consolidated funds ; and as it was a maxim of 1.
criminal law that the terms of the indictment
should be fully stated, and clearly founded upon
specific Acts of Parliament, he contended that
every count of indictment should embrace
en abstract recital of the terms of the
Clause ; and if that was not the case, •
Clearly the conviction must be rendered
nugatory. He had yesterday contended at large
upon this point of the case, and the Learned
Counsel for the Bank of England had in his re-
Ply to the argument stated his opinion to be,
that the 64 deed, bond, or testament" fully em-
braced every description of warrant, or letter
of attorney, but he rather thought, although
some Acts of Parliament had been cited, this de-
Pended more upon the Learned Gentleman's
ssxertion. The Learned Counsel here, at very
great length, stated the points of law arising
from the question before mentioned, and submit-
ted, that as his first proposition for their Lord-
ships' consideration had been that it was not 'a
correct legal description of a letter of attorney
t° describe it as a deed, their Lordships
here bound to decide only upon that abstract
deStion, waving every decision, every prece-
ent, and all that had been contended to the
contrary;it was a melancholy duty he had to
Peru'rnt, but that duty he was convinced
a r"e upon a question so clear in itself,
that when they considered the definition
tv
the term " Deed" to be a contract sealed,
iir
glfed, and delivered, no ingenuity could place
t
h_erithin the meaning of the statute ; therefore
failed upon them firmly to decide that point
to
I,:
flavour of his unfortunate client. Ile then at
tte cited authorities from Buller, Hale, Glynn,
aICI some of the statutes of Elizabeth, sheaving
" his second proposition arising from the first,
show
dig that the letter of attorney equitably
ormiidered, was not a deed within the meaning
statutes, Bth Geo. I. `.2d Geo. 11. and
4csrtlttliaGeo. 111. In the case of the King 1% I
otfk) a similar question had been decided
o,3.aVour of the defendant at civil law,
14,;‘.1.1f the case of contention for property,
2;17 the case was without the purview of the
elearle°:ll-, the mischief was removed, then
„,y,_lll the case of the life of a party being
1,i3 Vice the point ought to be reserved in
I°°°"r• The Learned Gentleman having re-
iler7r,ed and observed upon the arguments of
t, uses
Bosanquet, and stated some of the
to es of thin Act of Parliament mentioned in his
-•Rtitue,
cis& dof yesterday, again contended, upon pre-
fo, 'Y the same grounds, that the conviction must
lit" being considered within the Act of Parlia-
blent
alight y, and in order that the question
br. more clearly brought within their Lord-
hi?! recollection, he shortly stated the whole of
grgunlents, and in the abstract gave some ad-

ditional authorities, and in his conclusion called
upon their Lordships, as they might sup-
pose he laboured under much anxiety, if any
point presented itself in their deliberation, al-
though he may not have observed upon it, as
often in the cloud of mind occasioned to the ad-
vocate by his anxiety, circumstances of a very
favourable kind escaped as were but slightly
remarked upon, to give the prisoner the
full benefit of them. Ile also would say, that
in the course of his argument he may have
touched too deeply upon the dt e4sions of Judges,
and if, having done so, any unintentional extent
of language or expression was used, he hoped
it would be only attributed to his anxiety to save
the prisoner ; and as he there saw before him
the Judges of England assembled in deliberation,
he felt a proud satisfaction at knowing, that amid
the amazing extent of legal knowledge and con-
summate learning which they possessed,their deci-
sion would be founded upou these great attri-
butes, and would be marked not only by its bril-
liant clearness, but founded upon equitable justice
and the great attribute of mercy. lie, but perhaps
unnecessarily, would, before he sat down, implore
them not to found their decision upon precedent,
and whatever their judgment might be, he, as
well as the unfortunate gentleman the subject of
it, would receive it, knowing that it was the
result of mature and great deliberation. Mr.
Broderick sat down, and a considerable degree of
applause arose from the Gentlemen of the Bar.

The Lord Chief Justice A naorr asked if Oleic.
was any thing further to be offered in behalf of
the prisoner ?—llis Counsel replied, No.
Strangers were then ordered to withdraw, and
the Learned Judges were left in deliberation.
[For the Proceedings of yesterday, see the Fourth Page.]