Star.
London, England, 1801-11-12 00:00:00

beets aped arN that this was no genet, Now,
this mutt be admitted, that an attempt to commit
a Felony is a mifdemeanor. It undoubtedly was a
mifdemeanor in many Cafes, and fo exprefsly de-
fined ; as in the cafes of an attemprto rob, or
commit a rape, and other cafo which occurred, in
the pr.t&ice of the Courts almott daily, and which
were treated and recognized as mifdemeanors. An
attempt to enmmit a mifdemeanor, the Learned
Judge fah!, in his opinion was moil clearly a mif-
demeanor; and it was molt extraordinary, if the
attempt to excite another to commit a Felony, was
not a mifdemeanor. The crffne of exciting was
a crime in its firft conception; a crime carried into
etre& and completed, in his opinion, the moment
'the attempt was made. It was, certainly fo in mo-
rality, although the law might make a dillinetion
in tome cafes, where the intent was fucccfsful or
tinfuccefsful. " When a man advifes a crime to
be committed," laid the Learned Judge, " he is a
criminal next in degree to the Mall who commits
it—nay, in many cafes, the accetiary before the
(ad is fully as criminal as the principal, and it
frequently happens that he 1% more fo, for there
are many cafes in which the principal would never
have thought of committing the att, if not there-
to incited by the accelfary before the faCt. Some-
times it happens that a man is accelfary before the
&CI, in order and with a view to become acceffnry
after the faa, which is fiequently the cafe of a
receiver of Alden goods, who advifes another man
to deal them that he may profit by receiving them.
I have read with great attention thc Cafe which
was flitted and referred to Isy Lord KENYON: the
Cafe of the King e'. Scofield, which is admirably
reported by Mr. Caldecott, and in any opinion, it
is a treafure, inafmuch as it marks out the Cafe
quoted of Lord Hoer, upon the fubjeCt of a hatters!
child, &c. where the opinion, as it is reported, is
fuppoled to be in part faulty, and which was alluded
to by Lord KENYON. I think it is mai important
to the Public, that the error 'timid be correCted,
as it is by the report of Mr. Caldecott, and where
the opinion of Lord MANSFIELD is tinted in a few
words."—Here the Learned Judge went over the
Cafes of the King v. Vaughan, the King and
Plimpton, and the King and Johnfon, the latter
of which he read, and then laid, that in reality all
thefe were cafes of inciting other men to commit
mifdemeanors, and proved the propofition of Mr.
CDRISTIAN, That an attempt to incite a man to
commit a mifdemeanor, was itfelf a mitileineanor.
But it was laid, that this was improperly laid, be-
cattle it fhould appear whether a Felony was com-
mitted or not ? On this cafe, he faid, no—it was
not In in praaice, when any perfon was indifted for
inciting another to commit a crime, it was never
Hated, whether that crime had been committed or
no : and upon the whole of the matter, it did kern
to him, that the offence was well laid in this cafe.
With repel to the quell' of the jurifdiClion he
had as little doubt as he had on the other points.
He thought that what was quoted upon this head
from Ilawkins's ad hook, was law, and the refult
of which was, that .he gaarter Seflions had pro-
per juriftliCtion in this cate. Having added a tow
other obfervations, as to how an anion would lie
if a perfon was accufed !allay of the offence here
Hated, the Learned Judge laid, be was of opinion,
that this judgment ought not to be reveries'.
Mr. juilice Lamaism*: (hued the three heads of
objeEtion, as offered by the Learned Counfel for
the Defendant. As to the firth, there was nothing
in it, as appeared in ad Hawkins, e. 25. fee. 60.
As to the fecund, Whether or not this was an in.
dietable offence ? for it had been argued, as if there
.was only an intention to commit a crime proved in
this cafe. Now, in his opinion, all eels, or at-
tempts, that tend to the prejudice of the Commu-
nity, are indiftable offences. The quellion then
would he, Whether this attempt, proved to have
been made by the Defendant, was an attempt to do
that which was a prejudice to the Community ?
Upon which, he apprehended, there were Scot
two ()pinions. If a man declares an intention, be
it ever fo bad, and does not aft, he is not indift.
able ; but if he endeavours to prevail upon ann.
thcr to commit a crime, he is indiCtable ; becaufc
that endeavour, or folieitation, is, of itfelf, not
only an oft, but a criminal O. The incitement
attempted, is an ;01, and proves a guilty intention.
'Ole whole of the fallacy of the argument in this
I cafe, lay in thc affumption that the Defendant
did no aa ; whereas, the folicitation was of itfelf
an aft, and a criminal aa. Ile agreed with my
Lord, and his Brother Gitoo, upon the merit
of the decifion in the cafe of the King and Sco-
t field, and then proceeded to iltufirate the prin-
-1 ciplc of it, from Copies he had of many India-
meats in cafes which were not properly reported,
li and to quote cafes alfis, which were not referred to
, I in argument, all tending to fortify the cafe for the
I Profecution in this inftance. _ _ _ _

Mr. Juftice 1., 13t. Arit: concurred alto in the
sloarine already laid down. A mere Jelin or wills
to do a wrong thing was not indiaable, but doing
an aa in furtherance of that &fire or with st as
inclinable. Ile took it, that inciting a fervant to
rob his mdler was an ad, and a criminal an, and
.is fuch, the prelim committing it was guilty of a
mifdemeanor. The learned Judge Mutilated this
cloatine by reference to adjudged Cafes alti).
Ilie conclution was, that the judgment of the
(Zlarter Sellions was allirmcd.

A Cool, HABIT iir MoNFV-GETTING may (in-!
depclident of its intrinfic and peculiar property of
eiuichment) be acloirecl from the Lotter; the
clresriAls to fitcceut in which are the fame which
cooltitute the requifites to fuccefs in all undertak-
ings ; whatever breeds a Ambit cf expedition, that
is to fay, fpecdy execution of a well-conceived de.
ii:;tl, tends to Jill the purfe, becaule it aCtually
imparts that haiit without the exercife of which
the ptirle mutt he always rally, or, as the limit-
band writers denote it, M. T.—Thc last July Lot.
tcry WAS a mnft advantageous Lottery, and many,
&letting to buy, loft the chance of making a
Fortune ; the prefent Lottery fur November is Orli..
Jelled to he )et more advantageous than that
fit that the .Idvinturer, who, difappointed
IA Ph. found to his lois ;hat kijire alfweral
Zoiwre, may, in November Lottery, finJ that " tap
trteit.illy ani:urri kap."