Star.
London, England, 1817-01-21 00:00:00

felony is made out. In. eM cases of a criminal na-
ture, it is evident this Must tridnubtedlg be the case.
In the cime of morder for example, it vs not requi-
site, to coestittne that crime, that every person pre-
sent at the commission of the crime should actually
iunflict die blow which produces death; as the law
considers every ireozoi, whether lie btrikes
oe not, to he guilty. One observation was, as 'you
heard, addressed to me by the Counsel for the
ner, which I could not listen to, via. that in ()Herm)
constitute felony, it was necessary to shew it had been
committed cairn hurl. This quality is by nn means
connected with the crime. The law ci.nsiders it fe-
lony whether there has brea gain or , provided
there is'slifScient proof of the kloitio4 intent. The
pesent case now submitted to 400rAunsideration has
no particular dictismity or intricacfcumrccted with it.
In order, however, to give you" emelt:re view of it as
I pu;sibly can, and to assist you in &ming a proper
rpoomi respecting its merits. I shall new direct your
art,-ntio!; to a general review of the evidence as it
affects each individual separately, as this will give
you a more distinct idea of the whole. (Here the
Learned Judge went over the evidence respecting the
prisoners individually.) He observed. respecting
Hooper's witlesses to character, that it was by no
means possible for them to give any credit whatever
to what Mr Harding, living in Marsham-street, hod
said respecting him. That Gentleman bad not seen
Hooper for the last two years, and did not crest know
where Ins lodging was. To be sore be had been in
his company on several occasions, and bad spoken to
what be had seen of him on these occasions. Yet
from such transient interviews. it was merely impos-
sible for any man to decide what was or wet not
the character of the individual with whom he met.—
Admitting, however, that character bad been fully
. established, that vitild only weigh where the crime.
cilarged against the prisoner was supported by doubt-
Cal evidence. In such a case every Jury knew it was
their duty to give character all the weight it justly
deaerved, but they also knew that where facts were
properly made out, character had no tight whatever
to influence their verdict, although it might operate
afterwards, when the punishment of the crime was
the subiezt of consideration. With respect to the de-
lames of Gael:sell, he stated his having picked up the
arms in the street. If this was really the case, then
undoubtedly the charge of felony as it related to him
could not be sustained. Yet the Jury would remem-
ber, when they came to consider this part of the case.
that one witness had decitleille sworn to his having
seen Gamble at the east window of that shop, and
that the owner of the shop, in identifying his pla
petty. had also positively sworn that the gun
was in the east window, at the time he left the
shop s which was also confirmed by Roberts.—
No doubt some individual concerned in that unhappy
Dodson might have taken the gun out of the window,
but Purely it was most untonuuate for the 'prisoner,
that It had been found on him on that occasion. As
to Carpenter, the evidence affecting him was the
slightest of all. He had indeed said he was home on
the fatal Ssi of December, by half-past one o'clock.
This might very well be the case, and yet he might
boa been equally concerned in the transaction. As
heerever it was the province of the Jury to judge of
all the faits in the CAW§ he had no doubt they would
give this circumstance all the credit they considered
it drerved. .
nese she Loan Memos) made sans obserSatioos to
the Learned Judge respecting some evidence which
be considered of importance in the cause, and in con-
sequeace of which Mr. Nobler, clerk to the Lord
Mayor,. was called as a witness. Mr. Justice Paid!,
before heating Mr. Mohler, observed, that with the
concurrence of the Counsel for the
.prosecution, be
should gladly hear Mr. Hobler. as it was never too
late to see justice dens to a prisoner.
Mr. Ham, .alluding to Vie notes he had tikes
on the easminatioa of the prisoner, said, that in hit
examination before the Lord Mayor at the Mensitin
House, Griffin had sworn that Clubman had pre.
seated the pistol to him whereas he this day said it
was Hooper who bad done so.
Clean being called up, said, he meant before the
Lard Mayor to say it was Hooper, and he mistook.
Cashman, !who was standing close to Hooper at his
Lordship's bar. He was sorry fot the mistake, but
it bad not been ecerected in time, as he signed his
deride° without reading it over.
Justice Nan observed, that he was always
glad when any opportunity
. occurred. before a Jury
was inclosed, of aims them all the evidence which
k was possible to furnish in any casebefore them, and
with that view. be had permitted the fact suggested
to him by the Lord Mayor to be stated. At the same
time, be atknowkdged that he was very much dis-
satisfied at the conduct of Grille, in not carefully
feeding over Ms &polities before be signed it. He
crowed an. witness would henafter be so careless, as
it was dangerous to the gads of ppblis justice. He
would also sake the liberty of observing to the Jury,
that depositions were frequently taboo 'very iocor-
rectly, though be by no swans await to insinuate
sly thing against those who tech then. Actuated
by the best and purest roodessoindivislonlimemembiliess
might mistake tuns, and therefore mpch cantina
was masonry is looking over these astoshia
—His Lordship then observed, that haled takes as
impartial s view of the sant of ii:ck IS be believed it
was possible far any man co take. The Wavle quip.
ciao -before the Any wee, whether the ovisoaers bad
been present or not on this ocomifm• whether they
bad acted as charged, and whether she persons 'idle
shop had been pet in fear? To this, and this ady
were they called to attend. They had nesiskig what-
ever to do with the consequences which alight result
from their verdict, as their.proviose was eddy to de-
cide on the facts. If they Atha smallest degree bad
a doubt, they would of coome give the full benefit
of that to the prisoners and windier their condo.
sion might be, be had no doubt but dliey would act
in each a manner as at once to safisfy fist depapds of
public justice, and at the same time give the prisoners
all that impartial attention which so Impartaat a case
as theirs required.
Ms. Justice PARK having finished his address, the
Jeti'dissiced leave to withdraw. Thii was about
arm 'pinatas after four o'clock, and they did not
• resurn into Court till a quarter past six o'clock, when
they preaoeneed die following verdict s
John Cashman, John Hooper, Richard
Careobie.Wes.Gunnel, and John Carpenter, Nee Goilty.
The Ammon was the only Judge present on the