Star.
London, England, 1806-09-17 00:00:00

whether he fhould not 'hr.,* them into the water.
—On crisis examination, Mr. Guar Iv produced a
paper to the witnefs, which he acknowkdged was his
hand writing. The paper was then read by Mr.
Gurney, and purported to be an agreement entered
into by Mr. Fuller, on the part of the Gentlemen of
the Stock Exchange, not to take the prifiner before
a Magifirate, or put him into confinement, provided
he gave up the property in his poffeffion.
Rivett was then alked, if he could add any thing
to this fiatement ? and he anfwered in the negative.
Mr. Handeock, from the houfe of Smith, Payne,
and Smith, then depofed, that on die toth of Augud
the prifoner had not more than abont Soot. in their
hands. On theaoth, be paid in there about 70001.
in divers drafts and bank notes. There are two
clerks, as the witnefs Rated, in this hnufe, one for
paying, and the other for receiving, who fit ()polite
each other. When the prifoner had paid him drafts
to the amount of 67631. he in nantly went over to the
other fide of the room, and drew a ehecque, or pre-
fenced one which he had ready drawn, for 47101.
payable to the EaR India Company. This was not
a regular mode of doing Winery, as the drafts to the
amount of this fum being only that moment paid in,
he had no right to draw on the houfe until alter fix
o'clock in the evening, when it would be known whe•
ther they were paid or not. When the prifoner pre-
loved the cheque, Mr. Salmon, who was the paying
clerk, firli inquired whether Mr. Daniels had money
enough in the hook, and finding that he had juti paid
it in drafts, he hefitated a little, as it was not liftial
for any geatlemar. to aft in fuch a manner, without
fird making application to one of the partners (Ache
houfe, or to tome of the confidential clerks. At this
moment,the prifoner fceing it was doubtful whether
he fhould receive the money or not, anted fur the v. it
nets, and went up (lairs, as if to cnnfult him on the
fubjed ; in confequence ot which, when he next pre.
fenced himfelf to Mr. Salmon, the money was hand-
ed over to him, and he took it away.
Mr. Salmon corroborated this flatement, and Paid,
that when the prifoner afked for Mr. Handcock, and
went op flair., he was impreffed with a belief, that
he went to fpeak to htm on the fobjea; and he there.
fore gave him the cath.
_ _

The cafc on the pert of the profecution being here
doled,

Mr. Cougar, as Conflict for Mr. Daniels, now
produced a copy of an affidavit (worn by Mr. Mon-
tefiori, to a debt of feventeen thoufand pounds due
to him by Mr. Darnels, being the amount of the de-
ficit by the latter, which affidavit Mr. M. acknow-
ledged. He al() produced a written agieemeut
figned by Mr. Fuller, in which he engaged, in confi
deration of Mr. Daniels delivering op all the property
remaining in lit poffeffion, and coming tip to town
to furrender himfelf to his creditors, that he fhould
not be brought before the Lord Mayor, expofed as a
public fpeftacle, nor committed to any prifon ; and
this alto Mr. Fuller acknowledged.
Mr. GUILNEY then addrelfed the Lord Mayor,
and commented in ftrong terms upon the very fevere
and unprecedented treatment to which Mr. Daniels
had been fuhjelted—firlf, on the fide of Mr. Monte•
fiuri, who, after having, by his own affidavit, proved
the deficit on the part of Mr. Daniels to be a debt,
nuw endeavoured to inffitute a criminal profecution
on account of it as a fraud ; and, fecmdly, orr the
fide of Mr. Fuller, by whom he was induced, under
the fpecific fiipulation already Rated, to (*mender all
the property in His hands for the benefit of his credi-
tors. Mr. Daniels was now fubjeeed to all the ag.
gravated confequences of ao open breach of faith,
brought before the Chief Magiftrate as a public cri•
urinal, expofed thr ,ugh the fireets and in the face of
his fellow citizens as a public fpeetacle, and commit•
ted to a c‘mmon pawl under a criminal charge, in
dire& violation of every condition and principle he
had flipulated with Mr. Fuller, and guaranteed
upon the honour of that Gentleman as the profeffed
reprefentative of Mr. Daniels' creditors. He untied,
therefore, that Mr. Montefioti, refleeting upon there
circumfiances, as well as that his client had (unto-
dered all the property in his priffeffion, would not
perfevere in this profecutiun ; and that his cheat,
who was amply punilhed for any error he had com-
mitted by what he had al,eady (offered. would. be al-
lowed to go at large and fairly meet his creditors,
and fettle with them a. became an honeft man. But
if the profecutr4 Itould be deaf to every moderate
conlideration, and not content with the money he had
recovered, and with the lubjelting of his client to an
aCtual flare of bankruptcy, under which he was re.
fponfible in another way, but was !till determined to
proceed with a criminal profecution, he hoped to con-
vince that Gentleman and his Lordfhip, that the at.
tempt would be in vain, and that it would be imp(
table, under any known principle of either common
or flatute law, to obtain a verdict of criminal ermvic•
Lion upon this cafe. His Learned Friend had ad-
mitted that the charge could not come under the
head of a felony at common law ; for under the legal
definition of that crime, it was neceffary that a man
fhOuld be deprived of goods or chattels, his property,
forcibly, or agsiaft his will, which was by sio means
the cafe in the prefent inflance—for Mr. Montefiori
had bona Pe fold and delivered the Omnium to Mr.
Daniels, received for it that which he conceived to
be a valuable confederation, upon the faith and credit
of Mr. Daniels, in whom the property, under every
fenfe of legal pulreffion, immediately veiled. Had he
fold it the neat moment to a third perfon, the Pale
would have been valid—had his pocket been picked
of it the next moment, he would have been entitled to
profecute the thief for Dealing his property. But
lure!, it never could be deemed a felony at common
law, for a man to overdraw his banker ; a thing in
the daily praCtice of every refpetlable trader in the
city of London, and which might occur through
rniftake, or in a reliance upon the indulgence of a ban.
ktr,ewitb whom the drawer was in the habit of keep-
ing cues. It was not a felony under the fiatute of
Henry VIII. for the thing fold was not goods,
chattels, or merchandise, under any definition
known in the regular commerce of the country; nei• '
ther was it obtained by any falfe token, or ding one
Imams for another, or producing any counterfeit
I order, falfe pretence, or the like, but by a regular
draft of Mr. Daniels on his banker, which Mr. Monte.
fiori cunfidered a valid fecurity. It could not be a
larceny, under any delctiption of that mime, nei. her
could it be (hewn to come within the Statute of the
3oth of George 11. or Statute of Frauds, fuch at ob
taming tire polfeffion of goods upon a falfe pretence,
or that of giving a forged order, or a fulfs name,