The Sun.
London, England, 1827-04-09 00:00:00

MONDAY EVENING, APRIL 9, 1827.

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A SONG TO DAVID.

BY CHRISTOPHER SMART, 11.4.-pp. 55.

This is a very singular Poem, strong and vigour-
ous throughout, occasionally sublime, but more fre-
quently absurd.. Its author was an Oxford man,
who died somewhere about the close of the last
century. He was for many years confined in a
mad-house, where the use of pen and ink being
denied him, he contrived to indent this " Song to
David," with a key in the wall. The poem, there-
fore, which has been but lately discovered, may be
considered no slight curiosity. We give the follow-
ing extract from it :—(an apostrophe to Jehovah)
and question whether English poetry possesses a
passage of more striking and concentrated sub-
limity :
Tell them I am, Jehovah said
To Moses, while earth heard in dread,
And smitten to the heart ;
At once above, beneath, around,
All nature without voice or sound,
Replied, Oh Lord ! Thou art.

THE LOVER'S BALANCE SHEET.

LENT ASSIZES.

KINGSTON, SATURDAY, MARCH 7.
THE VAUXHALL-ROAD COINERS.
This case, from the length of time the illegal traffic
has been carried on, and consequently the very ex-
tensive circulation of base and counterfeit coin, has
excited very great interest; so much so, that not-
withstanding the early hour at which Mr. Justice
Littledale (eight o'clock this morning), took his seat
in Court, for several hours previous the whole town,
and its neighbouring population, surrounded the
Court-house, all anxious for the opening of the doors,
that it was with extreme difficulty that those who
attended professionallv,and as witnesses, could make
their entrance • and had it not been for the great ex-
ertion of the Officers of the Court, it would have
been entirely filled by those who were merely actuated
by a feeling of curiosity.
Daniel Buckley, Jeremiah Andrea's, and Daniel
Pycroft, were severally indicted for feloniously and
traitorously coining at Lambeth, four counterfeit so-
vereigns, one hundred counterfeit half-sovereigns,
one hundred counterfeit half-crowns, one hundred
counterfeit shillings, and one hundred counterfeit
sixpences.
For the prosecution appeared Mr..llLtßaveT, Mr.
GURNEY, Mr. BOLLAND, and Mr. LAW.—For the
defence, Mr. ADOLPHUS, Mr. ANDREWS, and Mr.
BRODERICK.
Mr. BOLLAND having opened the proceedings,
Mr. GURNEY addressed the Jury at very con-
siderable length, in which he observed, that the
crime with which the prisoners were charged was
that of High Treason, and its extent exceeded all
former depredations that ever occupied the time of a
Court of Justice. The prisoners, Buckley and
Andrews, had for a very considerable length of time
been narrowly watched by the officers of the Mint
and Police ; the prisoners had three establishments,
one in Shelton-lane, Greenwich, another in Glouces-
ter-place, Vauxhall, arid another at Tiverton-row,
Newington ; at the latter place the prisoners were
apprehended. The extent of their traffic was such,
that they used frequently to send from their different
houses the enormous number of counterfeit coin that
would by circulation amount to 100/. in a week.
The material used was sheet brass, and as an excuse
for purchasing so largely of it, the prisoners stated
they had a contract with Government, to supply a
certain portion of the harness for the First Regiment
of Life Guards. The prisoner Buckley, was ob-
served leaving the house in Gloucester-street, with
a small hand-basket, which was apparently empty,
and repair to the house in Tiverton-row, and after-
wards returned with it apparently heavily laden. The
officers of the Mint, assisted by the officers of Hatton-,
garden Police-office, followed him, and on entering
the last house, found the wife of Buckley and Mary
Ann Patrick, with an immense quantity of counter-
feit coin, resembling crowns, half-crowns, shillings,
and sixpences. The learned Counsel, after detail-
ing minutely the facts of the case, then concluded
by stating, thiit if any doubt existed as to the guilt
of the parties, he trusted the benefit of that doubt
would be given to the prisoners.
William Joseph Powell deposed, that in conse-
quence of information, he went on the 23d Decem-
ber last, about two o'clock in the day, to No. 8,
Gloucester-street, Vauxhall-road, accompanied by six
police officers; they obtained admittance, some by the
entrance to that house, and some by the next house;
ion entering, his party found the prisoners in the cus-
tody of the other officers, and on going into the
back kitchen, they found several dies and the bed of
a press. On the block of the press were 4 collars
for graining the edges of the half-crowns; one of the
officers (Limbrick) took possession of the different
dies. In the same kitchen there was a fire-place and
two recesses, which were stuffed with dung and
straw, as was the chimney. Witness then went into
the back parlour, where he found a turning lathe and
bench, ie a working state. On the bench he disco-
vered two dies for half-sovereigns, and several tools
necessary for the finishing of base coin. In a cup-
board of the same room was a large quantity of coun-
terfeit shillings and sixpences. Upon a further exa-
mination of the cupboard, he found the flooring to
have been removed, and, on taking it up, he there
found counterfeit coin of every description, to the
number of many hundreds, and under the floor in the
room was discovered a number of dies; the whole of
the counterfeit coin, dies, and the different implements,
were given into the custody of the officers ; in a room
on the second floor was discovered alarge basket, con-
taining counterfeit half-crowns; the house did not ap-
pear to he occupied, but used as a manufactory; on the
prisoner B tickley being apprehended in the presence of
Andrews he said lie hoped the witness would be as mer-
ciful to him as possible; on Limbrick searching Buck-
ley, he said there was no occasion for such an act, as
there was quite sufficient in the house to hang him ; he
had on his person between '2Ol. and 301. of good
money ; witness then went with some of the officers
to No. 23, Tiverton-street, Newington-causeway,
and on entering the parlour, found Mary Ann Buck-
ley and her two sons ; they searched the house,
and on the first floor, found Mary Ann Patrick
sitting by the window, and a table before her, on
which was upwards of 2,000 counterfeit shillings;
some made up in packages, with silver paper be-
tween each coin; on searching Patrick, they found
about 6/. good money upon her; in the adjoining
room was found a screw of the press machine under
the bed ; Mrs. Buckley and Patrick were taken into
custody; witness then went to No. 2, Shelton-lane,
Greenwich, accompanied by two officers and his
father; on entering the house, they observed a per-
son of the name of Walker, in his shirt sleeves ;
they found some plain die blocks, some jewel die
blocks, and a machine for the purpose of cutting
blanks from solid brass sheets,the remnants of which
are now produced; several hundred blanks were
also found, and a forge and bellows; witness took
an account in writing of the different tools and
implements found in the three houses occupied by
the prisoners; it is the one now produced ; on the
following day they found several casts of iron re-
sembling half sovereigns.
John Limbrick, one of the Hatton-garden police
officers, corroborated the whole of the last wit-
ness's evidence, and produced the dies, collars,
press, 1,180 counterfeit half crowns, ready for cir-
culation,Ovs iaxupxehnaclehsr,oaardi dshillings 1,200
paraphernalia form
also ready for circulation, taken from the
house
llfouGr sovereigns,
Gloucester-street, et 4, a
complete set of coining
materials.
Thomas Carter, officer of the Thames Police
Office, deposed that he was the first oflicer who en-
tered the house in Gloucester-street; he saw Buck-
ley at work at the coining press, while he (witness)
s° 2
was on the garden wall ; on seeing witness he en-
deavoured to make his escape, by concealing him-
self under the flooring.
Kirby, Carter, Mitchell, and Edwards, confirmed
the whole of the above evidence, and added, that
they took the prisoners Buckley and Andrews, on
board of the prison ship Port Mahon—when the
former prisoner asked where he should die, and said
that he had bought a coffin; and that,had he and his
companions not been discovered for three months,
they intended to have discontinued the practice.
Thomas Fogg confirmed the conversation stated
by the last witness; no inducement was held out
to them.
Alexander Mitchell, principal officer on board the
Port Mahon convict ship, deposed that the two
prisoners, Buckley and Andrews, were brought on
, board the vessel; on being asked their names,

Buckley gave his as Simmons, and Andrews that of
Ward. On the following morning, Buckley said
that he had given a false name, to save his brother,
who was a respectable tradesman at Birmingham ;
and Andrews said, that he had done the same to
keep his woman out of difficulty; they inquired
whether any other parties were apprehended, and
on being answered in the affirmative, and that the
officers were gone to Greenwich, they both replied
that there would be nothing found there. Andrews
said he had worked hard for half a crown in the
pound. On his (witness) pleading ignorance of his
meaning, he said that as soon as a " pound " was
sold, he got half a crown ; they gave .Fl-1 base
shillings for a pound, and that the metal in each
pound cost 3s. Gd.; and after all expenses were
paid, the profit was but 2s. 6d. He meant to have
carried on the trade three months longer, and then
have set up a coal-shed.
John Ellege deposed, that he was employed by
Mr. Powell to watch the prisoners and their houses ;
on the 23d of September he observed a cart at the
house in Gloucester-street; being loaded he followed
it to Tiverton-street, where it stopped, and was un-
loaded by Buckley and Andrews; he afterwards
took a-house opposite, in order to watch the pre-
mises; the prisoner Pycroft inhabited the house,
and was frequently visited by Buckley and Andrews,
who repeatedly brought heavy loads in small bas-
kets ; Buckley's wife and Mary Ann Patrick also
frequently called, each having a small reticule basket,
and on leaving the house the baskets appeared very
heavy; they frequently,let themselves in with a key.
A number of other witnesses were examined,
whose united evidence fully substantiated the charge
against the prisoners.
The prisoner Buckley said, in his defence, that he
had been employed as a mechawic, by jewellers and
watchmakers, and that the tools which were found
in the house where he was apprehended, were such
as were used in the jewellery and watchmaking
business.

The prisoner Andrews said, in substance, that he
had been merely employed by Buckley to go of
errands, but had nothing to do with the business of
coining.
The prisoner Pycroft said, he was wholly inno-
cent of the crime imputed to him, and that the pri-
soner Buckley, who was his brother-in-law, finding
him in a state of great. distress, had employed him
to go of errands, and he proposed to call a witness
to his character.

The prisoner Buckley then handed in a paper,'
purporting to be an affidavit, made by a Mr. W.
H. Inglis. stating, in substance, that the deponent
had employed Counsel for the prisoners, and had de-
sired a consultation with three Barristers, the night
before; that he had drawn up three statements for a
consultation, and that the Barristers alluded to had
met on the Friday, but had declined yielding to the
view which he h'ad taken of the case, and refused
to argue the points which he proposed to be dis-
cussed, upon the construction of the stat. 59 Geo.
111. c. 49, s. 10. This affidavit being read by the
Officer of the Court,

Mr. ANDREWS, Mr. ADOLPHUS, and Mr. Dow-
LING, the Barristers alluded to, severally interposed
and said it was certainly true that Mr. highs had
desired a consultation, with a view to the considera-
tion of such points as could be tuged with any ad-
vantage to the prisoners, and they had accordingly
assembled for that purpose on the night preceding ;
but finding that the view which Mr. Inglis took of
the case was not only untenable but unintelligible,
he was told that they could not pretend to argue
propositions to which they could not apply their un-
derstandings with any advantage to the prisoners.
They had, however, told Mr. Inglis, that if he would '
propound any intelligible proposition, referable to
the offence with which the prisoners were charged,
they would argue it to the best of their abilities :
and, with that view, they invited him to state on
paper what it was he wished to be argued, and
which they could argue without stultifying their own
understandings. No such question was propounded,
and, therefore, the consultation was broken up with-
out any useful result. Confessing their own ilia=
bility to understand Mr. Inglis's view of the case,
all that they could do was, to direct the attention.
of the Learned Judge to the Statute 59 Gee. 111.
c. 49, sec. 10, and then hand i❑ a printed paper,
published by Mr. Inglis, called " A Defence of
Forgery of Gold and Silver Money ;" and, if his
Lordship felt the force of the argument, as applied
to this ease, it would afford them great satisfaction,
as far as the interests of tke unhappy men at the bar
were concerned.

The attention of the Learned Judge was then
directed to the following clause of the Act in ques-
tion, and the paper following it was handed up to
the bench.
" And, whereas, the laws now in force against melting
and exporting the gold and silver coin of the realm have
been fbund ineffectual, and it is expedient that the traffic in
gold and silver should be unrestrained ; be it, therefore en-
acted, that from and after the passing of this Act, it shall
gold
and m
or
r silver
l e a
coin
for n
of the
eypersonrealm
or persons t
o parts
beyondth o tseas,be
and also to melt the gold and silver coin of the realm, and
to manufacture or export, or otherwise dispose of the gold
or silver bullion produced thereby, and no person who
shall export or melt such gold or silver coin, or who shall
manufacture, export, or dispose of such bullion, shall he
subject to any restriction, forfeiture, pains, penalty, in-
capacity, or disability whatever, for or in respect of such
inciting, manufacturing, or exporting the same respec-
tively ; any thing in any Act or Acts in force in Great
Britain or Ireland to the contrary thereof in anywise not-
withstanding."

A DEFENCE OF FORGERY OF GOLD AND SILVER MONEY.
" And it is expedient that the traffic in gold and silver
bullion should be unrestrained."—Section 10.
" Let it be premised that in the Act of Parliament, en-
titled 52 Geo. 3. cap. 49, date 2d July 1819, the 10th
and 13th sections use the word Coin instead of Money,
which term is employed in the I 1 th section of such Act;
wherefore, not to stop about Coin made from various
materials, it may either mean the stamped metals named
Money, or those denominated Medals. It follows that, to
manufacture the Coin of the realm may not be to make the
Money of the realm. _

" Now, by the tenth section of the above Act, which
allows money to be melted into bullion, there appears that
it ' shall and may be' lawful to ' manufacture, or export,
or otherwise dispose of bullion ; which is to say, without
limitation, in respect to the money of the realm ; indeed,
there is subjoined ' anything in any
Great Britain or Ireland to
altered,' or contradicted,
vthe
contrary Actor Acts
thereionf fionrceiney Act e
againstrel rany-
wise notwithstandin
eg ;
pealed
accordingly, by this confirmatory
part,e every
is ' xpss
ful money of the realm.
" Moreover, . „
the 13th section of the above Act prohibits
a debasement of money after its manufacture or coinage,
but not during that operation ; the appropriate words are
' 13. Provided always, and be it further enacted, that
nothing in this Act contained shall extend or be construed
to extend to repeal or alter any Act or Acts, or any part of
any Act or Acts, in force in Great Britain or Ireland, so
y counterfeiting,o
alias imitating, the law-
far as the same relate to the prevention, detection, or
punishment of the offences of clipping, washing,
rounding,
filing, impairing, diminishing, falsifying, sealing, or lighten-
ing of the lawful coin of the realm, or to the inflicting any
pain, penalty, or forfeiture, on any person guilty of buying
or selling, or knowingly having in their custody any clip-
pings or filings of such coin.'
" It rests to be explained, that the 13th section of the
above Act concludes as follows :—' And that all the powers,
authorities, rules, regulations, and provisions in the said
several Acts contained, shall continue and be in force with
relation to the exportation of any molten silver or bullion
whatsoever, which, before the melting thereof, was clip-
pings of the coin of the realm, and in all other respects
whatever, except only so far as the same are expressly re-
pealed or altered by this Act, any thing in any Act before
contained to the contrary in any wise notwithstanding.'

Yet here the phrase, • and in all 0tg1i:4.414a.4.;tii.
wha..ever,
is controlled by the phrase 'except only to far as the same
are expressly repealed or altered by this Act,' whilst
this phrase governs the final phrase any thing in any
Act before contained to the contrary in any wise not-
withstanding; wherefore the above-mentioned phrase, ex-
cept only so far as the same are expressly repealed or al-
tered by this Act' confirms that part of the 10th section,
which says, at some length, and no person who shall ex-
port or melt such gold or silver coin, or who shall manu-
facture, export, or dispose of such bullion, shall be subject
to any restriction, forfeiture, pain, penalty, incapacity, or
disability whatever, for or in respect of such melting, ma-
nufacturing, or exporting the same respectively. Thus
the 10th and 13th sections contradict or negative the an-
cient laws with reference to counterfeiting, alias imitating,
the lawful' money of the realm, and particularly those
mentioned in the 12th section ; whereas, if the 10th and
13th sections had made no allusions to the manufacture of
bullion and clippings, &c. of money, but bad been con-
fined to melting money into bullion, and permitting the
exportation of this commodity, then would such ancient
laws have remained in force, which, at present, they have
ceased to do."
Mr. Justice LITTLEDALE was clearly of opinion
that the Act of Parliament alluded to had nothing
whatever to do with the present case. That statute
did not repeal the former Acts against forging and
counterfeiting the coin of the realm. It was true
that it authorised the melting of gold and silver coin,
and the manufacturing or exporting the gold and
silver bullion produced by such process of melting;
but it did not authorise any private individual to coin
the bullion again into money, to the likeness and simi-
litude of the coin of the realm ; still less did it au-
thorise the manufacture of base metal into money, to
the likeness and similitude of the coin of the realm.

Mr. INGLIS begged to be heard, as an amicza
curia', upon the point.
Mr. GURNEY protested against such irregularity.
Mr. LITTLEDALE called up Mr. Atkinson,
of the Mint, who said, in answer to his Lordship's
questions, that the coin produced in evidence via;
composed of base metal, and that possibly there
might be the 20th part of a grain of silver admixed
with the spurious metal of which the counterfeit coin
was composed.
Mr. INGLIS interposed, and said, that this admit-
sion on the part of the monier made out his case,
and brought the prisoners within the protection of
the Act of Parliament in question.
Mr. GuRNEY said he never heard such stuff, and
advised Mr. Inglis not to try the experiment in his
own person.
Mr. INGLis said that every merchant he had con-
versed with upon the subject concurred with him in
his construction of the Act of Parliament, and he
complained that the prisoners' Counsel refused to
plead the statute.
Mr. GURNEY—They have used their good sense.
Mr. Justice LITTLEDALE repeated that the Act
of Parliament had nothing whatever to do with the
present case. _ _

- Mr. INGLIS then desired that the point should
be reserved for the opinion of the twelve Judges.
Mr. Justice LITTLEDALE said, there Wag no point
to reserve.

None of the prisoners called any witnesses except
Pycroft, who produced a journeyman mechanic to
his charactor, by whom he was spoken of as an in-
dustrious hardworking man.
Mr. Justice LITTLEDALE then summed up the
case for the jury, and pointed out to their attention,
that the evidence against Pycroft was not so strong'
as it respected the other prisoners, and he left them
to consider whether that prisoner was brought satis-
factorily to their minds within the scope of the
indictment.

The Jury, after a short deliberation, acquitted
Pycroft, and found the other prisoners Guilty.
The other indictments against the prisoners for
high treason were not prosecuted, and acquittals upon
them were taken in favour of Pycroft.
Mary Ann, the wife of Joseph Patrick, Mary
Ann, the wife of Daniel Buckley, and Darliot
Pycroft, were then indicted for a misdemeanour, in
having procured 500 pieces of counterfeit money,
to the likeness and similitude of the good and lawful
shillings of the realm, with intent to utter them.
To this indictment Mary Ann Patrick pleaded
" guilty," and the other prisoners pleaded " not
guilty."
It was proved in this case, that when the house,
No. 22, Tiverton-street, Newington-causeway, was
searched, the prisoner Patrick was found sitting at
a table with a heap of two or three thousand coun-
terfeit shillings before her. The question then was,
whether the other prisoners were brought within
the scope of the indictment, as having procured the
same money, with intent to utter it ?
Mr. ADOLPHUS (with whom was Mr. Do LING)
addressed the jury, and contended that there was no
evidence of Mary Ann Buckley and Pycroft having
procured the money in question, with intent to utter
it : and that, assuming them to have possession,
still the bare possession, without some act showing
an intention to utter, would render them liable to
punishment.
The Jury, under the learned JUDGE'S direction,
found Mary Ann Buckley and Pycroft Not Guilty.
The Court sentenced Mary Ann Patrick to six
months' imprisonment and hard labour in the House
of Correction.

Daniel Buckley and Jeremiah Andrews were then
put to the bar to receive sentence. The learned
JUDGE told them, in an impressive manner, that the
heinous offence of which they had been found guilty
called for the execution of the highest penalty known
to the law, and, therefore, he conjured them not to
indulge any hopes of mercy on this side the grave.
His Lordship concluded by passing the sentence in
the usual form in cases of high treason.
The prisoners, who were in the most miserable
attire, did not appear much moved by their painful
situation. _ . _

---The iiusiness of the Crown side finished on Satur-
day evening, with the assistance of Mr. Sergeant
TA_D n-Yand Mr. Sergeant LAWES, who sat in the
Town-hall during two days. The Civil business is
not expected to end before Tuesday.