Star.
London, England, 1803-11-21 00:00:00

NAUTICAL INTELLICFVCR.

mAa.s THIS

eaa. DV&
Mid

/AY...-Wind N. E.

•11. BOP
Hambutsh • 4

TLystonyit, Nov. lg.—Yefterday morning about
nine o'clock, the 'hip Martin, of New York, Captain
S. Ltyriart ELD, from New York, laden with timber
and plank, for this port, by Tome accident got amore
on the N. W. end of St. Nicholas' Nand, and the
tide being then ebb, the after part of the flip hung
on a rock, and the fore part fettled as the tide fell I
very fortunately it happened to be a pedal calm at
the time, but there being Tome fwell on the more, (he
loon bilged, and as the tide flowed in the evening
filled, but owing to the buoyancy of the cargo, (he
floated off at high water, and was towed into Stone-
houfe Pool this morning, where the is now fafe,,
though it is feared much damaged : the veffel was
removing from Hamoaze to Catwater to land her
cargo. Came in the Diana, of Lubeck, Captain
HANS Buwaiwo, from Lillson,for Amfterdam, laden
with aides, cotton, Sec. detained by his Majefty's
NIMROD, of 18 guns, Captain Tuttle' OiNstA.—
Sailed the DEVIANCE, of 74 guns, to join the Channel
Fleet: alto the RANGER Revenue Cotter for Fal-
mouth, to fetch impreffed men.
PORTSMOUTH, Nov. 20.—Arrived the EARL MOR.
NINGTON Eaft Indiaman, eighteen traafports, and al
large fleet of outward bound veffels, from the Downs,
under convoy of the SIAFLEMVER (loop of war.
Sailed the ALCMENE frigate to the weftward
PANDOUR, armed in flute, Captain NASH, and two
tranfports, with the loth regiment on board, for Bar-
badoes : alfo the SPEEDWELL brig, Lieutenant Ro-
ss aysoN ; and DIANE, of 38 guns, Captain SCOTT,
on a cruize.—Came into harbour, the DIOMEDE fri-
gate, and PIGMY cutter.
The PENGUIN (loop of war, Captain Moss's, is
ordered to be vietualled for eight months. It is hip-
pored (he will be appointed convoy to the Eaft In-
dies. The EGYPTIENNE, the largeft frigate in the
navy, commanded by the Hon. Captain FLaMING,
on Thurfday was taken out of the dock. The Moll
TAG ut will be undocked on the 3oth inftant. The
RENARD (loop of war, Hon. Captain CATHCART, is
appointed, with the Com:taut, of 74 guns, Capt.
T. BERTIR, to convoy the next Weft India (hips,
many of which arc hourly expelled in the River.—
Arrived the Caroline, price to the LAPWING, from
Newfoundland. Vice Admiral GAMBIER has (track
his flag, and is gone to London.
Letters are received from an Officer of his bfajef-
ty's (hip PHOEBE, Hon. Capt. Cam, who was re-
taken by the Remife French frigate, in a French
prize, that Tome time before they faw a veffel which
they fuppofed an enemy, the weather was calm, the
launch and all the other boats of the PHOEBE, manned
with volunteers, went to endeavour to take her, in
the at of which we are ettieinely lorry to hate that
the firft Lieutenant, and fereiessris.... am«,
number of icemen and marines were killed and
wounded.

We are very happy to find, by the arrival at this
port of the Pigmy, Lieut. Worrs, that the zepss
of an attack having been made on the Wand of Al-
derney, is unfounded, the Pigmy having left that,
ifland yefterday morning, in the molt perfeet (fate of
fecurity.
The Hon. Gen. CARLETON and &may, Governor
of New Brunfwick, are arrived here paffengers, in the
America, from St. John's, New Brunfwick, laden
with math, for the ufe of the Dock Yard.
Dovsa, Nov. tB.—On Wednefday laft, a gallant
altion was fought between Boulogne and Calais.—
The Gamin hired cutter fell in with eleven of the
enemy's gun boats, about one o'clock in the day.—
They were to the windward of the cutter, which
tried for a length of time to get the weather gage of
them, but failing in that objeft, The commenced the
attack. The engagement lafled nearly two hours.
The refult of the aftion was highly honourable to
the cutter and her crew, as the whole flotilla was
driven under the French batteries. The Gaterto
had her fails very much cut, but was not fo difabled
as to be obliged to come into port. A rad arrived
at Deal on Saturday, which had fpoke the Gamut
at fest, lance the aftion, when the Captain faid, that
the French boats were perfeElly unmanageable, and
could do him little harm. He could move round
them in any fituation.

The following exceUent regulation has been intro-
duced among the (hipping in the Downs : on the
firing of the night gun at eight o'clock. the feamen
on board their refpeftive flips, are tnuftered with
pikes in their hands, and each man examined as to
his being fober, and fit for duty.
DEAL) Nov. 19.—The Imssoavasrra frigate failed
yefterday, with General Dumnas, dm on board, for
the purpofe, as I before mentioned to you, of cruis-
ing off the French eoaft. The General, before he
went on board, mentioned at the Royal Exchange
Inn, where his fervants wait for him, that he would
return in three or four days.

We arc happy in announcing the inereafe of full
aid half pay to Army Surgeons, which is to take
place immediately after Chrillmas, and will prove
very beneficial, and of the greateit utility to the fer.
vice at large.
Nov. 20.—Sailed the SEVEIN roan of war, for
Guerofey ; Ht'urtu and Msat.is Hoops of war, and

'!

SIMMS gee Treirel to the Wertvrard.—Arrived the
CFNSOR gun brig, with a convoy from Yaz mntrh,
and failed again fur that place. Wind E.
CH•ruma, Nov. 2o.—Docked, the TRUST:, to
be fitted for the reception of troops.—Arrived the
Anna, and George, both from Peterlburgh, with
hemp; and the Jane, with malts from Riga.
'humus-a, Nov. 20.—Wednefday evening lalf, as
the Cum' frigate, of 32 guns, commanded by Capt.

FIILDING, was in cbace of a privateer, the unfortu-
nately ftruck on the Lemon and Oar feveral times.
by which means the fprung a leak, and the water
gaining on the pumps, the crew were compelled to
leave her on the day following, when the foon at c:a
went down. The officers and men were all laved h.
three fithing veffels, which arrived in the Roads
Friday evening, and put them on board the lit P V t
of 7+ guns, Admiral Russ EL.
Saturday arrived Ia Cms 'roasts frigate, with tlr
NoOth Weft men under convoy. Sailed the Naas-
vi ea gun brig.
This day failed the Aarst.ore, Commodore Sir
STONIT SMITH, and Gat.co armed lbip on a cruise
off the Dutch coaft ; alfo Ia CHAFONNL frigate, with
her Convoy for the Nore. Arrived the CONaTANCI
frigate, and Cuat.ewlloop of war ; the latter carried
away all her top malts in a gale of wind on Tuefday
Taft, in chasing a Dutcb Eat Indiaman, which made
her efcapc. Tbe !hips of war here are the REPULSE,
of 7+ guns, Admiral Russet. p---l'Arerearas, and
CONSTANCI frigates &rep; SNirs gun.
brig ; and Kist; GIORGI cutter.

I

ingly
mher
at

.

THEA+I2I iRDA-`4l LANE.

--- -
Ardast - - Mr. newton
Dorland - Mr. Pope
Ten per Cent - Mr. Rumliter, jun.
Edward - Mr. De Camp
Philip - - Mr. Holland
- - Mr Collins
in)%n 0711:add:ley - Mr. Johnft one
Gerald - Mr. Cook
Nita - - Mrs. Powei
Lana - - Mrs. H. Johnitoe
Pinny - - . Mrs. Harlow
Mrs. Amelia O'Braddeley Mrs. Sparks.

On Satnrclay evening a novo Comedy, 'entitled
Is Hearts of OA" was performed at this theatre, of
which the following are the Dramatis Perfone and
Fable : _

Brie" 0' Braddelv, an Irithman, telling in a cot-
tage, his for 17 years given proteftion to a Lady,
Whom he found under circumftancet of peculiar dif-
clefs. Brio himfelf grown old, and reduced by
eni.Rirtune, has juft had a favourite lamb killed, to
prevent Eliza, the Lady he protefts, from obferving
else deplorable date of his affairs. At the moment
when O'Braddelty is lamenting over the lamb, Eliza
arrives with a batket of provifions. O'Braddelq ob.
ferret the has parted with a miniature picture, which
Ike cited to wear, and immediately leaves her, de.
claring he will have the pidlure again. O'Braddeky
baring traced it into the hands of Mr. Areal, goes
into his houfe, and infifts upon teeing him. Ardent,
a pittfionate, but good hearted man, repulfes him at
frit ; buthearing him declare that he will give all he
is poffeffed,of in the world to recover that pi&ure for
the Lady it belongs to, he defies to be informed why
be (9'ifr4deky) is fo interefted about it ? declaring,
Ghat it is the liksnets of a friend of his. 0' Braddeiy
tells Ardent, that the piaure belongs to a Lady who
is In his hours. Arden. gives 08radddey the pie-
turei„ind infilso.n going with him that is ant to fee
the Lady. Ardent difcorers in Eliza the wife of his
friend Borland, and the' other of a girl, whom he
(efrdasi) has, by the defire of Dorland, brought up
s his own daughter. Dorland, after an abfence of
7 years (during which time he had been in India),
rives at the village in which the fcene lies, and
sto fee his friend• Ardent ilrekra, as loon as he
Cognizes him, uphraid; him with his inhuman con.
u@. Dorlassei is much agitated, and hints at the
iuroe
fidelity of his wife as the caste of his apparent cru-
elty. ardent, however, contrives to bring Dorland
and Ota together, and then deflres Elita, who does
of know hwlant-1 (be being dread in the Eaftern
Me), to relate the circumttances tinder which the 101 l
.her butband. EGra complies, Ind in the courfe of
her narrative, thoroughly convinces Der/and that be
has defirted her withoutcaufe ;he makes hitnfelf
own to her, and claims her forgivenefs ; they are
reconciled, and of courfe all parties happy. This is
ldte ground of the plot, which branches ant fo as to
Introduce virions atter characters, Opon which the
foteren ofrhe piece depends. •
Sark qCU is faid to be the produition of Mr.
A.istsonam. the Author of The Marriage Prossifi, and
Forrase: Frolic:, both of which defervedlyrperienced
a mach more favourable reception ban is likely to
strait the stew piece. The principal charafter, .4r-
es*, is &etched with fpirit, but it pofefes no etrigi-
stiditi: it. 'is that of a cribbed old that With i very '
benevolent Sean; it was admirably performed by
Dowroa. The next principal parts were chore of
Ivies O'Braddsky, led 7,.. per Colt, bet they are both
ridicolondy overcharged, die one with fulfome fen.
16bility&ind the other With cum men-plies farce; fosse
Vibe fanatioat lam which the latter was thrush had
Marty hetsught on. a tutu damnation of the Co-
met* The other are all botrowed, ad
ireitteh lowa to the *milord of doe
.piece in Which
Ither Yee aka& to faire; but the isms defelt of the
giot ts the explanation given by** wife of Dwim4
diktat& of the Paled', tithe latter, which could
knot have operated to produce the feparadon of Bich
t ilia from filch a wistnaitarThe piece breathes
Some itriable fentirmears, bet tMyortribit too much
if the titles/re of the German *boil, sod the !ru-
bber a coati • admirably pmforstsed throush-
tout, and It iritlisis_oonfiderable portion of pa-
tience, but. ins With great dillicaky Bonuses*
could ob in a hearing to gyve it eta or this night.
We are fincerely forty for the fate it is likely to ex-
Ffiume as we had reckoned mach from the fpeti.
US eetalent Which V& Aitiatian had formerly
tplayed.-Alatr. Decant ratted away all the merit
Which ale Ardor* idea polits..ALSonse patriotic
Woke in the Epilogue were well delivered by Mr..
Anita. end as 'well received by the audience which
Invaded the hoof. in all its parts.-..We know not
lint the Author inesadeditte tot of the piece to sits
ply, it tat, certainly* odd% to &either with the
pldt or cher:arm
'Cow, xe•Gaaten.—erbe liihrtior* of Asks lured-
*l on Saturday evening a numerous and fplendid nu-
dism*. Of Mrs. SOODOWS is Noise it ahnoti on-
aeceirary to (peak. It retains all theft fart:illations
Which have fo lox g placed 'it btyond competition;
and Mr. Coots's Shylecl continues ene of his MR
perfotmances. The novelties of the evening were
Mr. Kamm., in the Morlient, and the Itajwk of C.
Ks MILS. Anemia certainly Desna had, in our meal-
leElion. fo able a reprefentative; and Mr. K BUIL 1
has evinced, by his acceptance of the cheradter. his
earned defire to contribute, by every poflible means,
to the gratification at the public. We have meek to
c.rnmend in C. Its sums, s Bejaia& The calm fcene
was happily managed.

The Mailer of the Dragon. ha.: contradieled, in
very aunty and proper wren, the report of a perfonsl
rogue! between him and the Captain of the French
gun boat lately captured. a Such a condua," he ob-
f " would ever &trace an Engliihmaa, who,
at a'l times, and uader every provacation, would
difdain to itrike a prikeer.•
On Wednefslay afternoon a man called at the
flsop of Mr. Daw, jeweller, in Cheapfide, soJ de-
fared Lome trinkets might be feat to the Swan with
Two Necks, Lad-lane. fora Lady to look et. He
fail he had feta gold lace and dollars to exchange.
—Mr. Div took the articles hinsfelf, and met the
fame man at the in to whom he gave the jewels.
The man immediately carried them to the lady in
the nut room, and returned with fame gold lace.
laying. he wanted to know what was dip me* Mr.
Day would give is exchange, and left Min to cow
rider about it bet, ant rewriting. Mr. D. at tenth
went into the next room, when he found the man was
L ee. The trinkets wirs.worth uplink) of

LA.INTELLIGENCE

ASTLETTA CASE.

The Points of Law in this Cafe came on to he ar-
gued in the Exchequer Chamber on Saturday, before
the Twelve Judges.
Mr. ERSKINk fa id he role under great difficulties
and with painful feelings, when it became his profef-
fional duty to oppofe the forms of the law to its (sib-
ilance, and to fhield a great criminal from the pit-
nilhment intended by the law, by pointing out thofe
&feels in the law which prevented it from attaining
its objed—lt was particularly unpleafant to him, be-
caufe he had lately before in that Chamber (alluding
to the cafe of Eaflerby and M.Fitrlane) been obliged
to oppole the forms of law to tl.e courfe of jultice ;
but however the inclination of his mind, and of the
public mind, were againa thole great offenders, yet
the public, as well as he, mull feel, that it was of
much more confequence that the letter of the law
fhould be the rule by which every fubjett of the realm
fhould know his life and liberty were proteCted, than
that individual offenders fhould Coffer, contrary to
the law, a punifliment which the moral turpitude of
their crimes might appear to deferve—lt was impof-
I able, in human brealts, entirely to feparate the affec-
tions from the judgment ; and the argument he muff
now hold, was certainly contrary to the natural in.
clination of the minds of their Lordat:ps and all who
heard him, who mull rather with that it could he
proved, that the puniihment of the law might fall on
the head of his guilty but unfortunate client.—He
would call him unfortunate, as the indignation he felt
againa his crime was mixed with fome degree of pity
for the offender. In contemplating the crime com-
mitted, he could not avoid confidering "how fear-
fully and wonderfully we are made ;" what/btu/ono
we are, and whatibadoun we purfue for our objesfts.
Here was a man, who for twenty-five years had fitf-
mined the moll irreproachable charaEter, and whole
condo& merited that elrarafter ; through whole hands
countlefs millions had pall, (temptations that every
man mull tremble to think of) ; for twenty-five years
he paffed through this trying ordeal pore and uncor-
rupted, and in one evil hour his refolution failed him,
and he committed that crime for which public indig-
nation, and he mutt add public juftice, demanded
the forfeit of lzis life; as fuch is the lenience of the
law. The Learned Colloid then, after reading Julliee
Li Iltesc's report of the trial and the different
counts of the indiarnent on which he was convicted,
proceeded to argue that the flatutes upon which the
indictment had been framed, did nut apply to the
prefent cafe.
In this argument, he Paid, it would be neceffary for
him to give a chronological account of the different
laws by which the offence was fuppofed to be con.
aituted : in the firli place, he fhould examine what
conftituted the crime of larceny at the common law,
and then the different flatutes making different forts
of larcenies capital felonies. Larceny at common
law, means the wrongful taking, animo furandi, of a
peribnal chattel, and this chattel mull pofitively be a
thing of fome real intrinfic value ;—trifles on which
no value could be let, could not be the fobjeft of lar-
ceny. De ninth:sit non error lea, was an eflablifhed
maxim of the law; and Lord HALE had exprefsly
laid down that there were many domefticated or re-
' tlaimed animals, fuch as a malliff, greyhound, fer-
ret, &c. that whatever value the owners might fat
upon them, the common law conlidered them of too
infignificant a value, and too bale a nature, to be the
fubjeS of a larcety ; of much more infignifieant value
was the paper upon which thofe bills were written ;
if it was proved that they were not Exchequer Bills,
nor fecurities for money, then be could moll con 6.
deafly fay, the value of thofe pieces of paper was not
what the common law would allow to be the fubjed
of larceny; and as to their nominal value in the hands
of the owners, that was of no more confequence than
the value he might pleafe to let upon his dog or his
ferret e they were of no value as Exchequer Bills,
becaufe they were not Exchequer Bills ; nor as fcraps
of paper, becaafe as fuel; they were worth nothing.
• Hiving Paid Co much of the common law, as it
& bore upon this offence, he sold recapitulate
the
different flatutes which might be applied to it : flra
there was the flame of the 2I ft Henry VIII. which
made it felony for fervants to embezzle the property
of their mailers committed to their charge ; this fla.
cute, which, however, wasbut declaratory of the old
common taw, only put the einia-zskr on the fame
footing with the thief, but by no means intended, or
was ever conftrued to intend, that it fhould be a ca-
pital felony to embezzle a thing, which it would be
no crime toisa/. As to Reeling. the law, until the
flaunt of the zd of George 11. did not even take in
the cafes of fielding bills of exchange, bonds, pro-
miffory notes, bank bills, &c.—the (leafing of them
was not larceny at common law, becaufe their intrin-
lit value was too inconfiderable to be the fubjed of
larceny; and there exifted at that time no law to
make it felony; but the Statute of George 11. for the
fief time. declared it fhould be as much felony as'
Rains fo much money as thofc fecorities fhould re-
precut—that aft; for the ara time, made them to
be that property, which the criminal law of the coun•
try could take notice of. After the paging of this
law two remarkable cafes occurred : one /foie, a
caihier at the Bank, was convißed of embezrling
five EaR India bonds, in manner precifely fimilar to
that in which the Prifoner in this cafe bad committed
this crime; and one Bazeley, a clerk in a banking-
hoofe, was alfo convieled of feereting a note of
tool; upon full argument before all the Judges, it
was held that the law. as it then flood, did not apply
to either of chore cafes, becaufe the embezzling was
not of property entrulled to them by their nsafters,
but which they had received from other perform, on
account of their maters, which amounted only to a
breach of troll. To remedy this Weft in the law,
the AS, called M The Banker's As," was palled in
the isth of George 11. and in the a9th of the prefent
King, the Bank of England AS was pallid. In
the making of every one of thefe /las, the I-villa-
tore only intended to proted that which the law re-
cognized as property; but the Bank AS never
thought of proteifling amain end/. imp
fr.,. 4. -.A ,„ or any thing elk under the
general name °FON, which were in fat no diets
ot any intrinfic worth, upon which the law could
fit a valise. It had been granted on the part of the
Profecutioa, that chefs were not Exchequer Bills, as
not having been lined by the perfon whom the
law required ; not being Esthequer Bills, as they

purported to be, they were not feeterities for money—
they were nothing but (craps of paper.—He then
anfwered the arguments that he fiappored would be
adduced, from analogy to the cafe wherein a man
was executed for forging and uttering a promiffory
note without a Ramp on it, by (hewing, that even in
forgery cafes, where the crime itfelf is in palling
thole fur good fecurities, which are not fo ; yet, if
the inllrument is defective in any material point, the
crime of forging is not, in the eye of the law, emu.
pleted. To prove this, be cited two caks, deter-
mined after folemn argument, in one of which a man
had forged a sill, deviling freeholds, but which was
only figued by two wiineffes, inflead of three, as the
law requires ; and in the other, a Bill of Exchange
for a lens fum than sl. was forged, and uttered. In
both thefe cares, judgment was arrellesi. becaufe the
law could not, on account of thole impel feCtions, con-
fider the one infirument as a will, and the other as a
Bill of Exchange : the fame principle applied to this
cafe, where what was confeffed not to be Exchequer
Bills, he thought the Court could not confider as
feel): sties for money, nor as effetts of any value, of
which the law could take notice. He concluded by
taking a fecund objeCtion—that the Banker's ACI to
far virtually repealed the preceding Afts, as, by not
mentioning the words " without benefit of Clergy,"
to make this embezzlement a tranfportablc offence,
and not a capital felony.
Mr. GI Ls s then role, and (poke at fome length, on
the other fide. His Learned Friend, Mr. Erfkine,
hat flatted a propofition, which was certainly a no-
velty in our Courts of Law, viz. that our pity for
the delinquent, and our hefitation to punilh, ought
to rile in proportion to the magnitude of his crime.
He trufled their Lordfhips would be of a different
opinion. His Learned friend had argued his cafe
upon two grounds. In the fiat place, he contended,
that the clime of which Mr. Aftlett flood accufed,
cont..] not be tried upon the Statute of the 16th of
George 11. called the Bank ACI, becaufe that act
was virtually abrogated by the Statute of the 39th of
George the Third, callsd the Banker's ACI, which,
as Mr. Erfkine contended, embraced the fame fub-
jeCt as the former, with this addition, that whereas
embezzlement was before confidered as a felony only
when committed upon the Bank, it was by the latter
Statute extended to all corporate bodies and indivi-
duals in the United Kingdom. It betides rendered the
punifhment milder, as the benefit of clergy was al-
lowed by the latter aft, which was denied by the for-
mer; fo that Mr. A Rlett mull be neceffarily tried
upon the Statute of 39th of his prefent Majeffy, and
therefore could not be capitally convicted. In reply
to this, he bekged leave to fubrnit to their Lorcifhips,
that notwithQanding the ingenuity of Mr. Erfkine,
the Bank At was fill in force, and had not been also
rogated by the fubfequent ftatute of the 39th of his
prefent Majefy. The former flatute completely
changed tht punifhment of the offence of embezzle.
ment with refpea to the Bank-rendering that a capi-
tal felony which was before only a mildemeanor ; the
latter (Witte was intended by the Legiflature to ren-
der the property of all the other fubjeds of his Ma-
jelly :More fecure, by making the embezzlement of
their effects a felony, but allowing the benefit of cler.
gy, confidering the former ad, which had a particu-
lar reference to the property of the Bank, as dill in
force. Mr. Erficine had contended that the fubjed
matter of thefe two ads were the fame, but this was
not the cafe. For infante, the embezzlement of
deeds, warrants of attorney, and Come other thing:,
was rendered capital by the former nature, as far as
refpeaed the Bank, whereas, by any other sal, the
embezzlement of a deed was not a felony, except it
was a bond. He then adduced feveral cafes in fop-
port of his argument. A Ratute had been made
with refped to robbing gardens and orchards gene-
rally, altering the nature of the punifhment, but it
never had been contended, that the former had abro-
gated the latter. The fame reafoning held good
with refpe& to two alts about fending threatening
letters generally, both of which were in force. On
thefe grounds he contended, that the Ratute of the
15th of George the Second was not abrogated by the
fubfequent Banker's Aft.
The fiend point of Mr. Erfkine's argument was,
that the pieces of paper embezzled by Mr. Aftlett,
came under no deferiprion of property mentioned in
either of the ads above referred to, nor were of any
intrinfic value. They were not Exchequer Bills,
nor &entities, nor valuable clefs. In reply to this
he would obferve, that he was indifferent whether
the Court Should cnnfider them as fecurities or not.
It would Serve his purpofe, if their Lordfliips fhould
be of opionn that they were papers valuable to the
Bank, which would certainly bring them under the
denomination of effects. Warrants of Attorney, re-
ceipts, &c. Ste. were of no intrinfic value, but they
certainly were of value to the Bank. Mr. Erfkine
had put an extreme cafe, and Paid that embezzling
the Romp of a pen belonging to the Bank, would. in
this view of the matter, be a capital felony. The
(lump of a pen might, however, be taken without
I any intention to defraud; but if even a pen belong-
' ing to the Bank Should be taken with intention to
Real, he Submitted that this would be a felony. He,
with fubmillion to their Lordfhips, humbly appre-
hended that there were fufficient grounds to fupport
this indidment.

Mr. ERSKINI made a moll able reply to the oh.
fervations of Mr. GILLS. He admitted that the po-
fition, that our pity ought to rife in proportion to the
magnitude of a crime was novel, and Rill more novel,
becaufe it never had been affected by him. He only
had affirmed, and dill contended, that the magnitude
of the crime ought to render Judges more cautious,
left their indignation fhould millead their judgment.
He Rill held that the Ratute of the tsth of George
the Second was virtually abrogated by the 39th of
George the Third, upon the principle mentioned by
one of the judges, viz. that leges pelerieres pion:
costrariwt okra:ant and this was the cafe, whatever
might have been the intention of the Legiflature.—
It had even been determined, by decifion, that when
a Recut* was made, abrogating feveral laws men.
tioned in it, W it contained the fobjett matter of any
other previous flame, though not mentioned in it,
Rill that Ratute was abrogated. The fubjeti matter
of the Banker's AR was precilely the fame with that
of the Bank's Att. Mr. Gists bad difcovered that
deeds were mentioned in the former, and not in the
latter Ratute: but “ any Ucurity" was mentioned,
and was not a deed a frank) f The cafes which Mr.
Gicas bad mentioned, in Contort of his_ argument,
was molt aafortuiete- The Litigates* bed mad. a

law spina robbing an orchard, or garden, in the
night time ; but, finding this infafficient, palled a ge•
neral Aft againfl robbing orchards or gardens. There
two were 11111 in force, becaufe the circumilance of
the time in which it was committed enhanced or di.
minifhed the nature of the offence and punifhment.
S,) it was with regard to fending threatening letters.
The cii cunillance of there letters being fent with delign
of extort money or not, increafed or diminifhed the
crime. With regard to the other part efhisargument,
Mr. Giles had been equally unfortunate in his reply.
He Ilia contended, that effeels in both the Aels al-
luded to, mail be conlidered as meaning valuable
dices ; as it would be monarous to fuppofe that the
Legitlature could intend to ponifh a man capitally for
taking a thing of no value in itleff, and which he could
be under no temptation to Ileal. Of this nature were
the receipts, &c. mentioned by Mr. Giles. He Rill,
r:f 1-e, as AS confident, that the force of his obferva-
tions had not been weakened.
After Mr. ERSKINE had finiflied, tile Court was
cleared, and the Judges cunfulted together privately.
The refult may fpeedily be exp.:.9,:d.