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COURT-OF KING'S BENciL
COUNCIL CHAMBER.
At 12 o'clock yesterday, the Twelve Judges assembled in the
Council Chamber'
respecting the case of the abovententioned in&
‘idnal, and no sooner had the Judges seated themselves than the
dour was opened, end the rush to obtain admittance exceeded every
thing ever witnessed before.
Mr. iIaOMUCC, at about half-past twelve, said he had the honour
to address their Lordships as Counsel on behalf of the unfortunate
Henry Fauntleroy, who now stands convicted, and is under sin-
w of death in Newgate, for uttering a certain power of attorney,
tknowing the same to be forged, with a view to defraud the Gover-
nor and Company of the Bank of England, in the name of Miss
Frances Young, for £5,500. He had to address their Lordships in
arrest of judgment. The question was, whether the offence upon
which the defendant was indicted came within the Statute
Geo. IL for tins indictment was framed upon that Statute ?
in prefacing his argument, he took the liberty of reminding their
Lordships of the case of the King v. Wa it,w here objections had turned
upon,the indietnient,and which was somewhat similar to the present.
That case was fully argued before their Lordships, who he hoped
would bestow as much solemn consideration on the present cue. The
King and Wait is reported in Bingham 191, and in that case the ob-
jections taken to the conviction turned uponwhether a certainwitness
was to be considered competent, because he had not received such
formal deed of releas_ as the law required; and it became neces-
sary, on this occasion, with reference to the statute, to shew that a
power of attorney which the prisoner, Henry Fauntleroy, was con-
victed of uttering, possessed all the requisites of a deed. There was
another casein point, which was the King v. Lion, reported in Rus-
sell, p. 1602; hut as the point in that case had arisen merely inciden-
tally, he trusted their Lordships would oceattach much weight to the
dee-nil:lawns in that case, as being rather against the point contended
fur in tins. D.:skirl the Statute 2 Geo. 11. this indictment against
the pi owner turned upon the Act of 45 Geo. 111. chap. 22. by which
it is now Made a capital felony to forge a letter of attorney to obtain
prize-money. Now, there were some counts in this indictment which
ch irg.td the prisoner, Henry Fauntleroy, with uttering a forged
letter of attorney, whilst other counts charged 1: as a deed.
—Turn this question turned upon the construction of these Statutes,
whether t :le Ak3 of Parliameut of 21.1 Geu. li. comprehended this
instrument at a deed, the Act of Parliament declaring a power
of attorney, to obtain prize-money, to be invalidate ?
Mr. Justice Bay L EY. —Was it not the principal point of consider-
ation, whether the Act of Parliament, invalidating a forged power
ef atorney to obtain prize-money, made it capital to have forged
suck instrument.
Mr. Montane answered, there was a distinction between that
and this case, although analogous. He trusted their Lordships,
whatever conclusion they might come to upon this point, whether
or trot his argument should prevail ; Ist, that this Power of Actor-
n...7 was not a deed within the legal coustruction of the Act. 2d
Geo. 11. and 2ndly, if their Lordships should be of opinion that it
was within the literal acceptation of the word deed, then be
should submit that his argument mutt ultimately prevail in favour of
Fauntleroy, in his being prepared to shew, that the Legislature
in passing that Act did not cnntemplate a Power of Attorney within
the meaning of a deed. lie hoped, whether their Lordships,
determination was that this indictment was good or bad,
there were those feelings with which their Lordships would nut
permit their minds to be agitated, namely, that although this
indictment was nut supportable upon the principle of strict legal
construction, that yet it must be supported for the sake of
consistency, although at the expense of making a sacrifice of
Winn life. He trusted such feelings, if they existed in their
Lordship's minds, would, in this case, have no weight. lit
trus.ed, on the contrary, that whatever doubt existed in their Lord-
esips' minds, as to the construction of the Act of Parliament, would
operate in favour of the unfortunate prisoner, so as to give him the
benefit of any impression of doubt that might arise as to the strict
formality of the law. In requesting their Lordships' attention to
:lie authorities he should cite, be relied upon that patient hearing
and indulgent consideration, for which their Lordships had ever
beet, in all cases of life and death, so highly distinguished. The
burthee of his argument in this case was, that it was quite-clear, on
'nuking to these Acts of Parliament, that there was no specific
,nactment against uttering a forged power of attorney by name.
Then the only question was, whether this conviction fell within the
terms of the Act 2d George I I. or the 25th George 111. on which
this indictment was framed? He would persist in contending that
a power of attorney did not fall within the meaning of the general
term Deed. Then, according to those Acts of Parliament on which
this indictment was framed, it could not be supported,- because,
cider the genet al term Deed, this was not a correct legal descrip-
tion of the forged integument. But, at all events, if their Lordships
should weigh the snatter,le trusted they world corne to this conclu-
si an, that it was a great deal too ambiguous, and then all such doubt
or difficulty must go in favour of the prisoner. But even if their
1 ordshipt should hesitate to pronounce it doubtful that it was ineht-
ded within the meaning of a deed by the Act of Parliament,he meant
to shew that the Legislature did not, in passing that Ast of the 2d
Geo. 11. con template a forged Power of Attorney under the term
deed. Although their Lordships should be of opinion that it fell
strictly within the literal construction, the question being whe-
ther it came strictly .within the legal construction, he would shew
their Lordships the distinction between the Powers or Letters of
Attorney, that they were not deeds, always bearing in mind that
although this instrument is signed and sealed as a deed, that it is not
delivered, and that it is not in its operation what it must neces-
sarily be as a deed, namely, a contract containing certain covenants,
within the effect and operation to satisfy the terns deed. In
Coke's Institutes, title page A nne, and 3S D." Letter ("Attorney" is
desoribed as merely a certain contract, and under the word" Deed"
is this definition, " It is an instrument either written on parchment
or paper, in which three things are enumerated." In the same
book, page 171, " Deed" signifies in common Law three things,
writing or executing, sealing, and delivering. The definition
of Spelman and Ducan Is similar ; also in Cunningham'; Law
Dictionary, and Wood's Institutes, all agree that a letter of
Attorney is merely a certaiu contract. Now here was a most
important distinction, because, to constitute a Letter of Attor-
ney a Deed; it must either surrender, bind, or release some interests,
and it possessed none of these requisites in this case ; but it is an in-
strument revocable at the will cf the party. He next cited Rolls'
Abridgment, 3,12, and 3, to thew, that according to the common
phraseology of the law all possible distinction was marked between
Deeds and Letters of Attorney. Deed* were there termed diaries
or facto, and Letters of Attorney !item.
Mr. Justice BAYLEY—The distinction taken in those
authorities is, that these, particularly awards, are not
deeds, because, although signed and sealed, they are not
delivered.
After citing a series 'of ether authorities, the Learned
Counsel contended that in all the ancient Law Books
and Acts of Parliament that could be found, from the
reign of Edward VI. warrants of attorniy ought to be
called manuments or writings, as contra-distinguished
from deeds. On these grounds he made a solemn ap-
r iseal to the learning and wisiom of their Lordships; that
this indictment was not conformable to the legal eon-
srruction of the several Acts of Parliament; and there-
fore this indictment must be quashed.
Mr. Serjeant BOSANQUET then rose to address the
Judges on the part of the Crown. He said he should
net urge before them any construction of law incon-
s'stent with the principles of jnAice or humanity, but if
the words of Acts of Parliament mete to be considered
as bearing this or that construction, the Judges would
certainly look to the meaningind construction they had
Joni, borne. He did not expEct, until a late hour
yes-
terday, that he shculd have been called on to answer
the first part of his Learned FI tend's argument, namely,
t!i:it an instrument for the transfer of property, sealed
.I.lel delivered, was not a deed. It had been urged, on
the authority of Sir Edward Cake, that to constitute a
;I,eed ;: must consist of three things, writing, sealing,
/Ind delis et-y, comprehending a bargain or contract be-
vween party and tarty, man or woman. Lord Coke
undoubtedly said there ;Milt be a party to a contract,
and a thing to be contracted for, but did Lord Coke
mean to say there could not he a deed without a con-
tract ? The Learned Serjeant cited the opinion of
Spetuan, to prove a deed seas not strictly confined to
it atm s of contract between parties. The instances were
ponies ous in which deeds had no contract or bargain.
A release no contract between the parties. A deed
disclaiming possession of an estate was not in the na-
ture of a contract. He cited Coke on Littleton to
prove that the main thing in a deed was the sealing and

,
delivery. His Learned Friend had contended from an-
thority that 'Mariam or charter, meant deeds, and Ultra
was not a deed, but a letter of attorney. Lord Coke
considered a letter of attorney the same as a deed. The
authority to deliver seisin must be bt deed, lad a letter
of attorney to a man to execute any trust for another
must be by deed. Litera did signify a deed. He did
not deny that an award was not an instrument signed
and sealed as a deed ; but the decision in the case of
Brown and Ward, said it might be a deed according to
the words of the arbitrator, and required a deed stamp.
Any instrument executed under seal, conveying a power
to another is a deed.' The Learned Serjeant then con-
tended that a letter of attorney was a deed within the
meaning of the 2d of Geo. U. The Learned Serjeant
also cited several indictments for forging and uttering
letters of attorney to draw stock and defraud the Bank
of England, and in all these indictments the instrument
was described as a deed. Some of the cases cited were:
that of 11. We,ton, in 1796. Ann florle, in 1808.—
, Wake's case. In the last case a question arose whether
the form required by the statute had been adopted, and
whether the instrument was available against the pri-
soner, as a deed under the meaning of the 2d of George
11. The Judges held that it was a deed.
Ur. Justice BATLIT said he was one of the Judges on that occa-
sion, and ten out of the twelve were of opinion it was a geed.
Mr. Serjeant BOSANQUZT continued—The case of the King 11.
Lyon did not apply to the question before the Judges.
Mr. 4Astice PARK said, he could furnish the Learned
Serjeant with another case.—Sophia Pringle was con-
victed at the Old Bailey Sessions in 1787, of uttering a
letter of attorney for the transfer of stock in the Bank
of England. He had sent to the Old Bailey for the
record, and he found by the notes of the Lord Chief
Baron, that the prisoner Sophia Pi ingle was tried on
eight counts, one of which was for forging and uttering
a deed purporting to be a letter of attorney. She was
found guilty and hanged.
Mr. Serjeant BOSANQUET then concluded his 'aryl...,
ment by stating, that it was clear, on the case cited by ,
the Learned Judge, and others he had brought under
the eye of their Lordships, that the offence in question
had always been tried in one uniform manner. There
was no ground on which his Learned Friend could suc-
cessfully contend that the word deed, A applied to let-
ters of attorney, was ambiguous. The indictment was
worded icl the form directed by the Statute, and upon
all the points it was his duty to submit the conviction
was good ; because the indictment was consistent with
that which had been the usual mode of proceeding,
and indeed he might say it was impossible to frame it
in any other way.
Mr. BRODRICK rose to reply ; hut it was suggested
that he might require time, an i the further hearing was
adjourned until ten o'clock this no ming.
COURT OF KING'S BENCH—TIIIS DAY.
THE CASE OF MR. FA UNTLEROY.
At 10 o'clock ,this m ,rning the 12 Judges again as-
sembled in the Council Chamber, and there was the
same rush for admittance as took place yesterday.
Mr. BRODRICK rose to reply to the argument of
Mr. Serjeant Bosanipet. He trusted that in ad-
dres..ing their Lordships to the points already argued,
what he had previously wed would be attentively
weighed and considered. He would most earnestly
entreat their Lordships to feel, as he did, that all his
Learned Friend bad urged in support of this conviction
was no answer to the distinctive definitions he had given '
from the highest legal authorities, drawn him the ear-
liest times, as to the, term deed not embracing powers
of attorney. His Learned Friend had also cited a va-
ricy of authorities, and produced a number of records, I
in some instances quite similar to the present, upon
which convictions had been had, and prisoners under-
gone ea?ital punishment for forgery; aad contended,
that the indictment and conviction of the prisoner
Fanntleroy was strictly conformable to that of a great
number of other persons, tried and executed upon them.
Thistopic,which hisLearnedFriend had repeated over and
over again, could not be an answer to the objection taken.
That by oversight and inadvertency it bad been so, but
by the application of legal inquiry directed to the point,
it had been at length discovered that such was not the
sound law of the land ; and, consequently, that indict.
ments so framed to meet this offence, upon which so
many persons had suffered, could no longer stand. The
effect of all this part of his Learned Friend's argument,
of authority of precedents to go by, he would therefore
denominate " negative evidence." He (Mr. B.) would,
however, admit that there was much more importance
attached to the cases cited, of the King v. Wait, and the
King v.Lion,because the attention of the Judges had been
devoted to the subject. The Learned Counsel then
argued on several authorities quoted by his Learned
Friend on the other side, and followed him step by
step. It would be presum,Aion, as well as impertinence
in liint(Mr. Brodrick), to insinuate for a moment, that
where the life of a man is in question, not to siippo,e
that every authority on the subject had been brought
before the Judges ; or that there had arisen the slighted
defection of talent, ingenuity, or exertion, that could be
gathered up, or gleaned from the previous learning and
judgment of the highest legal authorities, as delivered
or to be found in record, or from the judgment of
the most learned men that ever existed in the annals of
law or humanity ; that to save. the life of his fellow-
man, his client, at issue upon the question, and whose
life it was his duty to preserve, to the utmost of his
power and ability, so far as that life depended upon
the effect of argument, to bring about the result which by
force of either talent or argument the advocate, how-
ever successful in reason, cannot always command. It
would, therefore, be mere affectation in him to assume
that no effort of industry, no exercise of talent, no dis-
play of integrity, on his part, in advocating the interests
of bis client, in a matter of life and death, could prove
successful in producing that result which he so anxi-
ously laboured to produce on this occasion.
The Learned Counsel continued to address their
Lordships at vet y considerable length on behalf of his
unfortula:e client, in mast forcible terms, and in con-
cluding his eloquent appeal, appeared quite exhausted.
He said his only fear was, he had not done hitn justice.
The -LORD CHIEF Jusrics passed a very high coin-
pliwem upon Mr. BroJrick, for the zeal and ability
he displayed.
The Amass then rose without giving any decision.

At Birmingham Public Office, last week, several per-
sons who bad objected to discharge their Easter dues to
t! e Rector of St. Martin's, were summoned before the
Magistrates to answer the complaint of the lessee under
the Rector, and the demand being proved by_ the Col-
lector, the Magistrates ordered payment of the dues and
costs by the several parties.
Miami 0 Hasa, alias Captain Pattenhoe, has been fully com-
mitted for trial, charged with fraudulently uttering two tOi. notes,
of the 14 Weak! of Kent Bank," well knowing that the said Bank
vul failed, and that the notes were of no value.

PETIVkEN HUDSON AND CANNON,
AT WARWICK, FOR ONE THOUS.42VD SOVEREIGNS.

. .
Never was a match made with which both parties were more
equally pleased. The confidence of Hadann was met by a boast of
certainty from Cannon, and the adherents of both, catching spirit
'fib** the men, haiked them freely. Cannon had the odds At first,
but as the reports of Hudson's attenti,.n to his trainiiii. ,cause to
town, the odds grew on Josh to five and six to four. There is an
ardour of constitution about the fanciful men 6f the Past, untnown
to the more refined but less sensitive sporting characters of the
West. Tight lacing and soda-water destroy the manliness of the
latter ; but the former,living in almost a state of nature. enjoy a full
indulgence of the ruling passion. When Josh was restored to confi-
dence, his cause was dear to them all, intl their hearts and their
purses were alike open to cheer and to support him. 'lbis feeling
was displayed in great perfection at a dinner, where the final de-
posits of the stakes were made, and the ground named fa the
grand display.
Several places contended for having the honour of these two
fights, and large offers were made of money to the men, but
there was a feeling in favour of Warwick, in cons. quence of it
losing the battle between Spring and Langan, and alter several
communications from a Committee, at one part, and the P. C.
Secretary on the other, matters were arranged, and the race-ground
of Warwick the place appginted.
Guy Earl of Warwick was a great miller in his day. His por-
ridge-pot is still in the Castle, the best evidence of his appetite.
His descendants have the same spirit, but want his weight ; they
are all, however, to a man, equally pot Valiant. Various have
been the attempts made by them to induce the London ring to give
them a day's play, but obstacles until now always interfered to
prevent it. All was settled for Langan and Spraig to fight before
them, but a Gentleman of the Church, who thought proper to
interfere, dispelled the fond illusion, and sent them packing to
Chichester. The loss to the town of about £5,000, which would
have been expended there by the milling train, was not sn easily
borne by the Guys of Warwick, and the effigy of the Reverend
Gentleman was burnt, with every mark of indignity, in the market
place. There are, be it known, several pious, peaceable, and well-
disposed residents in this place, whit are by no mrans friends to
the fancy, and who would gladly interfere at present, but the ter-
tors of a public burning were too much for their nerves, and all
is quiet. The Noble Earl, who is at present at the Castle. is said
not to be adverse to the meeting, and piety has given way to the
Peer.
When good taste directs, how delightful are the ramblings of
the fancy !—Only think of the fighting men selecting such a charm-
ing spot as this for their meeting, where antiquity holds a splendid
contrast to modern improvement, and nature and art combine to
make perfection. Leamington, with all its gaiety and fascination,
had no charms for them—the grey towers of Warwick Castle
caught every eye, and groupes of learned pundits were all day
claimants fur admission. The noble halls and superb furniture
excited sonic attention—the Reubens, and the Vandykes, and the
Titians, were admired, but not understood. The splendid Ha-
milton vase was greatly admired, and Scroggins, always happy,
fancied it would make an excellent punch-bowl; but every heart
was lost with delight and wonder in contemplating Guy's armour,
his flesh.fork, and metal pot—not forgetting a rib of the dun
cow. There was something touching in the pathetic manner in
which Scroggins sketched the principal incidents of that great
buffer's life ; but when he pointed to the spot where the cow-kil-
ling Guy ended his life as a hermit—
" Where with his hands he hewed a house
Out of a craggy rock of stone,
And lived like a palmer poor
Within that house alone."
Scroggins wiped a tear from the corner of his eye, and declared
now that he was in the yellow sear he had some idea of ending his
days in this cave, and bidding adieu to gin and water.
The arrivals in Warwick during Monday were incessant, and in
the evening the town was crammed equal to that of the memo-
rable fight at Worcester. The beautiful town of Leamington was
graced on Sunday night with Josh Hudson and his party; and
Barney Aaron and his swell sheeny backers. Josh was at the grand
crib (Copps's Royal Hotel), where he received tier cards of the No-
bility and sprigs of fashion. The great Captain Jackson, com-
mander-in-chief of the pugnacious forces, accompanied Mr. Hayne,
the backer of Cannon, to Warwick, in the morning, and retired to
Leamington to dine. In the course of the day, Josh Hudson
visited the preparations in the ring, as did Barney Aaron also.—
The Pet of the Fancy, Dick Curtis, was in the town, and took up
his quarters.
Preparations begin before day-break for the formation of the
stage, pia feet from the ground (the bed), and five feet high, twenty-
four feet square (naked boards). That part of the ring nearest the
Stand was thirty-five yards from it, gradually extending to forty-
five yards at the opposite extremity. The waggons enclosing the
first ring, amounting to about seventy, were augmented by nearly
as many more in a second ring. These were insufficient, and were
supplied gratuitously by the town and the adjacent country, chiefly
allotted to pay the expenses of the boxers from London. Two well-
hired rooms were provided for the combatants, and the foot pas-
sengers of every sort and size, including some of the softer sex,
were present. A roped ring kept the Raituri'es right and tight,
and the orders were for no horses or carriages to be admitted on
the ground. A sufficient number of stout constables front Warwick
and Birmingham were active on duty, and prevented confusion.

ADIS AND WLIGHTS OP TIM 31114:
Hudson 29 yrs. 14st. 01b. I Curtis 24 yrs. 9st. 51b.
Cannon 26 14st. 81b. Aaron 25 10st. 41b.
WARWICK—TUESDAY, NOV. 23.
At length the object of those interested was gained by an attend-
ance
which was sufficient to defray all expenses in that department.
Lords Cloumel, Anson, Muncaster, and otter Nobles, made their
appearance, and were soon followed by the fighting men and a
strong muster of patricians, and they retired to their stripping rooms.
At half-past twelve it was announced that the little fight would not
take place.
Curtis arrived in the Stand just before one o'clock, at which time
the men entered. Crawley and Sampson for Josh. and Cribb and
Spring for Cannon; 13 to Bon Josh. Umpires, Captain Radford I
for Cannon; Mr. Woodward for Hudson—Referee, Osbal-
deston, Esq. Josh looked like a grey-hound eager for the slip.—
Hatniketchiefs--Cannon, crimson and white spots; Hudson, blue
and white border. Josh, in stripping, reminded the spectators of
the Grave Diggerin Hamlet, by the multiplicity of flannel toggery he
unpeeled.
Josh won the toss for the scratch at ten minutes before one; but
as there was no suit to queer the enlighteners, this was a matter of
no consequence. Cannon being rather behind at stripping, Samp
son, the bottle-holder of Josh, said, " Why, arn't you ready yet.
and it bring the turn of Josh next to speak, he said, " Why we shall
have a squall directly, come."
The figbt was one of the most gallant description on record.
ROUNDS.

1. Cannon made the play with a slight bit, which produced a
daring rally after counter hits. In the rally, Cannon was hit away
by a scientific blow with the left hand, bat he braved a second rally,
and drew claret from the head of his opponent. In the fall from
close, Cannon was under, but it was rather the effect of the wet
slippery stage.
Q. Josh hit his adversary with the left hand upon the head, but
it was quickly teturned, and a rally followed sufficient to satisfy the
gluttonous appetite of the spectators. Even betting.—Mush equal
and determined fighting ; but Cannon had strength on his side, and
Josh was thrown, after a severe hit upon the mouth. Both bled
freely, Josh was down; and betters were silent.
3. After a tremendous rally at each other' heads, without a dis-
position to parry or shift, both fell. Josh ?tad a fresh stream of
claret flowing from his chubby. head, and Cannon in overhitting
himself fell upon his knees.
4. Josh made some good attempts, but the bitting was not so
strong as at going off; Cannon also shewed that be had worked
hard, was bleeding, and from his manner of fighting, awkward to
a glove man, he yet kept his band, before him, in punishing action,
which the head of Josh told. Cannon was down-6 to 4on Cannon.
5. Another moat severe round, in which finer courage was never
displayed, and the heads of both were chaticeryfied. The round
finished with Cannon knocking Josh down, and which was the only
clean hit-down in the fight-2 to lon Cannon.
6. Josh made most manly play, which led to a terrific rally ; but
Cannon was soo much of a sledge hammer slaughterman, and al-
though be hit about once at twice receiving, yet his superior power
gave him a most deckled advantage. Josh. was thrown.-2 and 3
to 1 on Cannon.
7. Josh fought in distress, And after a hit or two in each eye be
was thrown down as if a boy hal attacked hint.
8. Cannon, full of strength, missed a heavy right-handed delivery,
which must have given Josh a quietus. ilia head was as round as
a dumpling with contusions. Cannon was thrown in a close, but
he rolled Josh over hint upon his head by a jerk, and gave him the
worst of the fall.
9. A severe contention, and Josh who had got a hit round had
dteidedly the best of hittitig,but his blows were inefficient. Cannon
betrayed weakness too, but still like Josh his manhood supported
, him. Neither. in the heat of action, would have flinched from the
most. deadly weapon. After rallying each other to a at.utd gin
1 both went down weak.