The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-04-07

from the deliberate preparations in purchasing
Iusuti,y OF American Stock--prOvding himself with
such COIN inight enable hiut travel in foreign
his quitting London on the evening
Yrevious to that on which he had made an appoint
nicut To meet Sir Thomas Plomer-he had APP
prehension that the Jury could differ in opinion from
what must powerfully operate on the mind of eve
~ candid dispassonate inquirer into the facts OF
the case.
Sir Thomas Pioneer WAS then examined by MIR.
Gsrney, and proved the facts stated in the open
ing of Mr.. Garrow. On his cross-examinaton by
MIR. Scarlet, Sir Thomas Pioneer admitted, that
the money received by the prisoner, as part OF the
whole amount he (the prsoner) paid into the hands
of Sir Thomas bankers, BY cheque drawn by hiip
(thc prisoner) on his own bahker-fhe intercepiu
letters were then produced i'll cviieuce TO provenie
premedtatcd intention of Mr.. Walsh to ieaYthe
county, in consequence of his embarrassed cycun-
stances, and the dread ut being again ruin,h man,
and seeing his wife and children come to want
During the opening OF Mr.. Sarrow, and ne cNan-
nation OF Sir Il. Pioneer Mr.. Walsh IT with his
hand over his face nearly the whole hne. making
however, two or three men,orandurs which were
handed to his Council bn; when trt passage was
read in of the letters, where Is wie and seven
children are named, he again brst mt" tears, and
sobbed audibly. a gen.icmaDnsho attended Mr..
Walsh during the rial, appe3ee =" eSert hihse'i u"
underwriting to console hVi' q "heh lie became
composed. the trial proceesd.
ers. proved the paymev/to the prisoner of the a.
mount of the cheque sooi. Draw b. Sir Tho,
mas Pioneer. on the s. OF Dec Mr. Debert proved
for Mr.. Wash, byf order, li,Qooi. Americas
Stock, for persoyas ne to'a hms gong over TO
' Ioseps Ellison Clerk to the las, witness, and John
Brand and Tbo2as Overy, clerks to Mcssrs. Master
mans proved Nat eleven notes Of ,00Ot. each, we're
paid to Mes. Mastermans, ana by them to the
Bank of Fl Hand.
Josiah yAish, brother to Mr. Walsh, stated, that
in the Aiming of Dec his brother was considerably
his detyIr. and that on an adjustment of their ac
L.l~ e 4 I. Al
ness vhch sum he two or three days after received
fro him in Bank of England note for 1o00i. and
DIT upon Mcssrs. Roberts 4 Co. for the remainder,
Inch the witness paid in to Messrs Goslinss, his
bankers The payment OF this into Goslings
WAS proved by Clark, apprentice to the witness, and
Samuel Pendergast. clerk to Messrs. Goslings. Sc
'erai witnesses then proved the tracing the bank
notes from the hand OF the prisoner to the Bank of
England. Mr. Fearne, of Cornhiil, goldsmith, prov
ed that Mr.. Walsh had purchased of him 1921. 9s.
worth of Portugal gold coin.
Mr. jenkins, the Solicitor to Sir 7. Pioneer, NOV
cd the apprehension OF Mr.. Walsh at Falmouth,
whom, accompanied by Atkins, the Police officer, he
brought to town. Dir. Walsh told witness, at Fall
mouth, that he first going Lisbon, and then as
opportunity might offer, TO America Here the case
closed on the part Of the Crown.
.Defence.-Mr. Walsh, being called upon for his
defence, declined making any observations
Mr.. Scarlet then rose, and was entering some
objections to the Indictment, when he interrupt
ell by MIR. Garrow, who begged leave to state s
readiness to allow all the objections which Mr.. Scar
lett might suggest but at so late hour, he should
himself prefer proceeding. in the FIRST instance, TO
argue any points hat might have suggested them
selves to their Lorsips, being of sufficient weight
to come before their Lo~dships in another place.
pr. Scarlet then took several objections with
pect To whether the offence could be construct. as "A
Felony, or AS Fraud only; and stated several cas-
es tending To shew that although the Prisoner might
have been governed by fraudulent intention he
could not, under the circumstances that had been
gwen IN evidence, be deemed to have acted with u
telonious Intention. The decision of the Jury must
necessarily be wholly governed by their opinion Of
the intention OF the Prisoner the time he received
The eheque from the hands of Sir T. Pioneer for, I'M
less he had at that time actually meditated what he
executed, it could not as Mr. Scarlett
hnmby conceived, be construed into a felonious in
tenuon. When Sir /. Pioneer delivered the cheaue
to the Prisoner was it in the expectation of Sir Tho
mas, that he should receive from Walsh the Bank
notes for such cheque that such cheque was deli
vered IN the performance cf contract for the pur-
chase of Exchequer Bills Mr. Scarlett having con-
Guided, Mr.. Alley shortly addressed the Bench, and
commended for special verdict rom the Jury, the
facts, whether the offence was, in their opinion
fraud or felony, reservng the point of law for de-
cisen in another place.
The Lord Chief Baron Macdonald then addressed
the Jury, and after recapitalatng the facts given
evidence, observed, that it remained with the Jury
to decide, whether the Prisoner guilty OF the fe-
ony. lie mis- ht be felony or might be fraud. If the
Appropriation of the Bank-notes to his own use was
IN the mind of the Prisoner before the cheque was
received, it manfestly feiany. His Lordship re-
marked, particularly, that passage in the lettern
which he stated lis intention of robbng Mr.. o. AT
ter noticing the purchase of the American Stock,
the Foreign Coin, and the other circumstances in
the evidences, he left the Sc with the Jury. ~
After consulting few minutes, the Jury pronoun-
ed Verdict of Gniiy.-Ihe point of law, rs to
whether the offence be felony only fraud will
be solemnly argued next term before the Judges
on whose decision rests the fate of Mr.. Walsh.
LONDON, January so.
The Irish papers of Monday last, received this
morning, state the the trial of Mr..
hirwan, one OF the Catholic Delegates. In their
sesss the of cause, the Dublin ctii-
tors give colouring to tile manner IN which the
prosecution is conducted, which we think must be
ovcrcharged. The following is the language of the
Dublin Evening Herald
Second Edition, Heraid Office. FiDe o'clocE,
.uonGay, January 81.
"This morning the trial of Mr.. Kirwan coinmen-
ccd in the court of Kings Bench, and this moment
precedented circumstance in the history Of Trial by
Jury transpired-
:" 1t appeared that Sir Charles Saxton selected
number ofnames for The sheriff. to be placed on the
panne which were to try the delegates
" Tie circumstances that TRANSFERRED were the
Grown Solicitor applied To Mr..
Sheriff James for a copy of the panne which he re-
fused But having left it by accden; in his Office for
Dne hour, copy somehow found its way into the
hands OF Sir Charles Saxton, who sent for and had
conference with Mr.. kemmis the arrangement
Of tl.s jurors names. The original list contained
lis names, it was reduced to 1Oz; several names
were transported in the list, and erased from
entirely. Sir Charles Saxton attended the court, but
departed tbcrefrom without giving any expanat ion
I'll. .fI