The Sun.
London, England, 1816-11-18 00:00:00

tAw INTEI,I4GEN..CE.

COURT OF CHNNICRRY, Nov. 18.

• CLANincsTINE tuaentsoe.
Mr Leach, coi the, part of Mr. Strtatritit the
tiext ft tend of the Gke Miss Wade. now M: s.
13azetey, stated that it WitS &+`y to briu4 to
the nitent ton of the Court a circum-tance wh
had reeetitly in:Curred with reference to the Order
made by Lnaship. Mr. Razeley hitshißtog lnen
comitti led to the Fleet for his contempt of the
Cour' in aarrying a minor, ward of the Cour:,
had, pvt (tinned his Lordship for his eniareeiselt,
itvt'orihis e‘pres7in; his readiness to submit to'
sou is arrai,gements as his Lordship shook!, tor the.
preNervet ton iit the Lady's property,,tlc,:m neces-
ttary. • th• Lordship had accordingly ;act red it
to tlit,Olaster to consider and prepare a ,proper
11,..ttlenTlit, and had- OiteCted bat opera Mr. and•
*Mrs. llaztley it, and in all respects' com-
►„
inyieg with the 'theeetiorts of the Master) .ur.
liazeley should be. discharged. The Master, in
contpliance with his Lordship's directions, had
,Ovepared a proper settlement, which Only waited
the signatures t f the parties. In this- state' art
.things kJ notice had been sent to the Master on
the part tit Mrs. Hazeley, stating that she abso-
lutely tetnsA to sign the settlentent, The I..carn-
Cd tounSel said it was hot for him to suggest by
whose influence 'Mrs. Beteeley had been induced
revise her acquiescence in the settlement,
such Circumstance liaoog occurred, her next
tricot' considered himself hound to lay it before
the Court, and
,having th,ne so, it was for his,
:Lordship to adOpt ouch steps as, in the exercise
of his justice and authority, he might deem expe-
,tlient,
Mr...,,BELL on the sante 'side nbserved, that it
wrts hiKhly necessary the Lord Chancellor should
`be informed of Mrs. Bazeley's determination, and
;the more particularly, as in consequence of the
..trtio4- she had given, all further proceedings in the
Alasier's Office had ceased. •
Sir A. l'toGovr said, be was instructed to op-
tic at for Air. and Mrs. Bitzeley. lie could not.
4
Conceive w hat useful purnilse conicl be answered.
by the present application. No one had a right
tto tiresome that Nit.; Razeley had exercised his in
`flue ice Over Mrs.' llazeley, to induce her to with-
Amid her signature; be was ready to sign it, until
periorin•ihe conditions upon whiCit he was to
ba‘kOlis liberation. With respect to Mrs. liazeley„
—she acted upon this Occits.')n, as he had reason to
believe, without the,eontrottl or advice either. of
her int•hand or his Stflicitors.
Mr. LEACII did not impute to the solicitors that
they, had interfered with Mrs. liazeley.upon the
sohlect of her 4eitlement. The only object of the
present petition was-to hring.the eircemstances to
the 'consideration of the Court, in order that the
Court might see whether in consequence of the
husband's chonNiug to submit to perpetual linpri-
snunieut, the Court was precluded from reaching
the interest Of the lady; and employing its power
fur the protection of her property.
.
The Loati' •CHANCELLoit Considered this wall
cage iit which Mrs. Rateley 'must be taken to
have acted on her own suggestion, witliont the
controol oilier husband. 'lke order he had made
was for the,`discharge of Mr. liazeley, upoo-
execution of the articleS of agreement, which
were to carry into eirect the Master's 41rOpO3SI for
a settlement, that proposal being approved' of by
the Court, :and approved of on the suppositiou
that. \lrs. Bizeley was'to be it party. if there
was a notion prevailing, that it would nr4ke_any
difference that the Lady wss not a piety to the
settlement, he had no hesitation in saving, that
',itch a notion was fnututed in mistake. Ileithonld
ihrformer order, and refer it back to
the Master to consider a limper settlement, regard
'bring had to the fact, that Mrs. Ilazeley would
wit be a .pasty. 'The Master, by adverting to
« former decisions, would
,find authority enough to
satisfy himself, that' although the Lady .tvottill
ton- be a. party, Mr. Hanley might be placed
under ohligations, by. the operatiou of which
.he would he unable to' get rid of those •lind-
: teflon' and restrictions the .Court meant to
create for Ole purpose of. guarding the lady's for-
tune: lie was far from saying that r ilazeley
had advised his wife; nothing would give him
- more uneasiness than to he thought to reflect
uu-
justly on tiny one, hitt it he had advised 'her, he
s't/41,11,1«fiuti that the Court, in a case where there
been so grass a •Contempt tit its authority, had
not only the powit''to order what should he done,
but to restrain
,front doing what should not be
acme_ Therefore', if proper articles were not exe-
cuted, the next thin;; to be done woity be to con.
skier whether the dignity of this Court would not
r,quire the, influence of restraint to be added to
tale 'command of obedience.. The
.former larder
was occordingly discharged, and the matter ris;-
kited back to the Master,

coma or imetiEQi,Ert, Noy. 16.

DANNALLY AND vittiptiAN's cAsE;

Wrr. Cuuwoon appeared:this day, by appoint-
Anent, to. argue the case of the prisontrb, tviticli
11,1 iloOt fresh in the rercliection ortite
he indictment charged Dnnelly kvith liPe'
T a ioit
principal, And Vaughan with being an ACC.
ilk the COIIIOIISSiOII of 0 horglary ;.ituti the yottie't
a rite Jury wisp " guilty of breakitigand en-
tcting the duelling-house ; but giiiity of stealing
goods of the wake of forty - in the
consideration of this verdict,. that which he had
_to submit _Oar was, that, acoordiog to -the laws
of England, no‘lareeny..at. 'all had hien commit-
tetl'hY Dannelly, and that if so, Vaughan wAs
not guilty of the criineiinplitell to him. He ad.'
mitted dust .1/fondly' Was In company with those
who cOmmittetl the larceny, yo he should eon.
:tend that he did` not Tartieipate _ii their guilt ;
but even supppsing their Lordships were against
him on ,that, pOint, he shhold still found a claim
for the acquittal of Vaughan npoti the verdict :or
the Jury,—Vanghan WAS, iuditlted for being au ne•
cessary in the counnission hot-glary; and the
charge of barglary hadi-•been negatived by the
Jiffy, they 'hetving found hint guilty of larceny,
The,. -fact therefore of their having found him
guifty of a different species of pffeneo than. that
with w h ch be was charged, operated, itt his
boinble judgment, to render their verdict, as it
',fleeted him, of no avail.—With respect to the

first Onint, namely, as to there teen no
larceny connoit,etl by I.).thttelly,
.be Npprehendetl
that the puoitlikr rrinte minuted mom depend
oinot tbe rill it intention of t'he p.,rty
The precedents applieatile. to this pr.bposn ion vvere
vet y few, He had, therefore, been Obliged to
dip a little deeper into 'antiquity, that) under
whet circultstances 'might ha%e heel, necessary.

lis support of his argument, that the intention
oust constitute the crime," he begged to refer
iheir lordships to Piarendorlr, ith c. Ise book', in
was laid down, that an action "u either
good or bud, according to the enactment of law.
The learned counsel then proceeded to cite tin-
thorities as to the definition which had been given
by the Law of England to the crime of larceny.
The lila' which.' he 'mentioned was that. of Mr,
Justice! Blackstone, whom he stated to have de-
fined larceny to be " the , feloniously taking and •
carrying axV,',v the' itood, of another, with intent
tti,-appropriate them to yoUr. own .use ;" thereby
making it a necetisary component part of the
crime, that the person cominitting the larceny
shOtdd contemplme -the -appropriation of the pro-
perty Nib's owl, use. In support of this
bolt Blackstone' had gone back to Bracton, book
3. c. 17, see. 32. The next anthority cited by
Mr. CurwOud was Jostinian's ltistitutes, hook 4,
c. 1, which accorded in the definition of the for-
mer; Having.gone thus far, the Learned Coun-
sel took 4 review of Dannelly's case, for the pur-
pose of seeing how far the crime, as proved against
cattit within this definition. Ile admitted
that' Dahnelly was a very bad character, ,and had
pursaed a Ipug career of crime-tin deciding the
present ease; , however, all reference' to his
former conduct must be avoided. • From the
evidence .id the case, it was clear that he
did not go to shale in the plunder, but for the pur-
pose of betraying; his comp Anions to the Officers of
justice. His motive, evidently, tray to share the
reward. fle.shtitild say, rthergtore, that he want-
ed that anima furandi which, according to the 1 tw
of England, w indispens,ble accompaniment
of the crime of larceny: The propriety of this sug-
gestion was. ttillYllorne Ont.,.not alone by .Brac-
ton, hot by .1.11.0n,,.1.44111 „Coke,
,and Lord Hale..
Mr. bast, in his Pleas of the Crown, also recog-,
nized the tianie He pohtt out

many cases in which: a persoar:accompanyink
others to the commission. of -an offence, did 114.4

necessarily participate iwall .Thishatl
been decided on in a case of murder, before Mr.
Justice Foster, There three soldiers 'wont Oge-,
titer to toll an orchard. Two,' it appeared, got up
into a pekkrrtree,, while the other remained at the
gate with a' drawn.swmd
,While he stood there
the ion of the owner of the orchard came op,- and
the soldier' rail hire through.---The Learned judge
lidd, in that :case, tliitt the suldiers in the orchard
were not par ieipators in the murder, because
they' had simply 'agreed in'perpettaling-the trilling
offence of stealing pears. Having. urged some fur-
ther • arguments in support of this point, the
Learned Connsel prot'eeded to his second point,
t even supp,e,ifig their Lordships. were
against him in tlid'first proposition, I/alights% was
rattled to an acquittal (upon. the ground of his
having been found guilty of being an ascessary to
*larceny, the indictment having charged hint with
'being; isccessary 'in the commission (W a hitt.-
- glary. lie was not aware of tang cases-illustra-
,tive'd this point, which ware nne certainly ni
noecl maitre ; but he apPreitended that burglary
and Ltrceity were as distinct felonies its burElary
and murder ; and as the prisoner hod- been tonne!
eulliyot a crime distinct front,t hat with which be
tt ad heel.) (-barged, he humbly Siatinitted that the
vardict must be set aside ; "and upon this ground,
us writ as noon 'bat before urged, namely, the le-
gal definil.on 0 lareehy, which had .obtained for
five hundred ve4rs, and the rack of there being no
aninto furandi ou the part of I2)notelly, be tr,isted
then. Lordships would agree ith him itt thinking
that butt!, the prisoners mght: ro-hc red.
litit.t.kt.m, for the Crtiven, aubaittell that

nothing had .been. advanced by. his Leatr►ted Friend
whick could impugn ilie.:Nerdirt in thjs case, tither

as it affected the principal or the at.eessary. The
Learned Genttertian then proceeded t 6 take
,an ac-
curate view of the etidenee adduced against the
pri,oners, and' from thenre inferred that it was
dear tram the conduct of, Dannelly that lie bad the,
doable ohject in view, that,of participating in the
plunder and in the. stibsequent . reward., The aid-
too juror/di described by his Learned Friend as ne-
cessary to constitute the clime of larceny, was
'therefore fully established, As analogous to the
peasent ease, be cited :thot.nt llOttOn, report-
ed in Eases Crown Law, 666.- Upon the second
point he contended that nothing pras more coin-.
mon than for persons indicted for, burglary being
acquitted of .that charge.andE found guilty of lar-
ceny. I'he frequotcy of this occurrence, added to
its never being ttisputed by those before wthom
took place, was the best proof that it was a prac.7
titre whielt did not admit of quest.ion. If Vanghan
was not 'an areetisary 'before the larceny, it was
clear that he was afterwards, for he haul harbour.,
ea Dannelly after be had committed the robbery:
' Mr. Cu ttwoon having -replied, the'Court Was
closed, in order to, afford an opportunity for th.e`
,fudges to cottbider the. arguments. The result
their deliberations will of course not be ktioivii till
the nest Sessions of the Oid•Bailey:
.The event, be it what it may, cannot affect
Vaughan, AS he. Cali only become liable to one
year's imprisonment'; which, as sentence must he
passed on conviction, will!, of course, merge into
iniprisonment for five years, to.which be has al«
ready beewsentenced.-Life or death is the Stake
which Dannelly has in tin decision