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door-post; whereas Mr. Hyde very well knew, and he believed the General was not ignorant, that if he had tapped him on the shoulder, it would have been a very good arrest. James Hyde also swore, that be saw the General lift up his left arm, and fire over his left fhoirlder: how was it possible he should see this, with only his knee in the room? Felthouse had sworn that he never saw the General, till he saw him in his own apartment, and that he fired his pistol directly at bis person.
On the other hand, when the evidence against the prosecution was looked to, the whole matter fwora against the prisoner must be destroyed, if what was deposed in his defence was credited. Mrs. Mayo had positively declared they took a double-barrelled pistol from her p:irlour, to go up to the General. Ashfield, the General's servant, had positively swore they presented the pistol to him, and threatened to blow his brains out, if he did not let them pass -, he had also positively swore, th..t he had previously informed his master who was coming up to him, and had found his door locked when he gave him that notice. And another witness had, witn equal earnestness, dsclarcd, that the box of the lock was evidently forced from the door, and that the hole made by the pistol shot was horizontal, neither inclining upwards nor downwards. 1 n the first place, there was in this evidence for the prisoner a direst denial of the roost material circumstance, viz. whether the door was or was not locked; there was, fr«m Mrs. Mayo, a direct denial of the bailiffs being unarmed: and the General's servant had confirmed
the denial : and it was in the highest degree ridiculous to imagine that General Gansel, who was well aware of his embarrassed circumstances, and knew the necessity of using great caution, should be at large on the stair-case; and if he was, and the door was open, why was the lock forced? Again", if the door was open only two inches, the hole made by the pistol could not have been even and direct, but must necessarily have been oblique, whereas it was fully proved that it was horizontal; nor was it probable that the prisoner, who was a very lusty man, should fire in the position the evidence for the prosecution had described, directly through the door, which shot could not possibly be believed (a be aimed at the prosecutor's head, he being five feet nine, and the perforation of the door only four feet nine inches from the ground. He must, firing thus behind him, have shot out of a level, and not horizontally.
Justice Nares told the jury, that firing upon a mixed assembly would, if proved, in trying on an indictment for murder, be sufficient to convict, but that the General was new trying on a particular act of parliament, and that he must be proved to have finned particularly against the meaning of that act of parliament before he could be convicted. That from the evidence for the prosecution, it wa> evident he had not so sinned; for if he stood in the position James Hyde de-' scribed, it Wss not possible he could tell who lie fired at; and if the evidence for the defence was credited, the door being shut, it was also evident that he could not tell who he fired at, not having seen the persons behind the cocr } and two of the witnesses had positively sworn he fired his pistol at each us them.
Aster a number os very humane and well-founded observation?, he informed the jury, that they were to judge merely from the evidence before them; that they were to attend to his remarks no farther than they corresponded with their own opinion; and if they credited the evidence for the prosecution, and thought his observations unjust, they must necessarily bring the prisoner in guilty; is, on the other hand, they joined in opinion with him, and believed that the matter sworn in evidence for the defence was the truth, they must acquit him. The judge finished his charge nearly at fix o'clock. The jury did not go out of court, but after consulting together for a few minutes, brought in their verdict Not
Cuilty. They gave the fame
verdict also to the two other indictments, which they were informed rested on the fame evidence. On hearing the verdict, some of the persons present as auditors clapped their hands. Serjeant Davy very properly noticed the indecency of such conduct in a court of solemn judicature; and declared, he was sure the General thanked the court and the jury, but not those persons, who could so far forget the decency of behaviour necessary to be observed on such an occasion.
General Gansel, after declaring he had trusted to the good ground he stood upon, only brought two general officers to his character, made a low bow, and retired from the bar. He was indu'ged with a chair during the trial; he is a corpulent man, about fifty years of
The counsel on the fide of the prosecution were, Mr. Lucas and Mr. Howarth; on that of the General, Serjeant Davy, Mr. Cox, and Mr. Murphy.
Upon a motion being made by the General's counsel, he was allowed a copy of the indictment.
Abstracl os an Act for the bet tar preventing the counterfeiting, clipping, and other diminijhing the Gold Coin of this kingdom.
IT is mentioned, in the preamble to this act, that as the preventing the currency of clipped and unlawfully diminished and counterfeit money, is a more effectual means to preserve the coin of this kingdom entire and pure, than the most rigorous laws for the punishment of such as diminish or counterfeit the same; and as, by the known laws of this kingdom, no person ought to pay, or knowingly tender in payment, any counterfeit or unlawfully diminished money, and all persons may not only refuse the same, but may, and by the ancient statutes and ordinances of this kingdom have been required to destroy and deface the fame, and more particularly the tellers in the receipt of the Exchequer, by their duty and oath of office, are required to receive no money but good and true; and, to the end the fame might be the better discerned and known, by the ancient course of the sail receipt os the Exchequer, all money ought to be received there by weight, as well as tale: and as, by an act passed in the ninth and tenth years of William 111. provisions arc made for preventing tlie currency of clipped and counterfeit [0\z filter silver money, but respecting the good money no provision is there made; it is therefore hereby declared and enacted.
That it is and (hall be lawful for any person to whom any gold money shall be tendered, any piece or pieces whereof ih.il 1 be diminished, otherwise than by rcalonable wearing, c ■ that by the stamp, impression, colour.or weigut thereof, he (hall suspect to fce counterfeit, to cat, break, or uesace such piece or pieces; and if any piece lb cut, broken, or defaced, shall appear to be diminished (otherwise than by reasonable wearing) or counterfeit, the person tendering the same lhall bear the loss thereoi; but if the fame (hall be of due weight, and appear to be lawful money, the perlon that cut, broke, or defaced the fame, shall, and is .hereby required to take and receive the lame at the rate it was coined fur.
All questions and disputes arising, whether the piece lo cut be counterfeit or diminished, are to be finally determined by the mayor, bailiff, or bailiff;, rr other chief
.officer of any city or town corporate, where such tender shall be made; and if such tender shall be made out or any city or town ccrpoiate, then by lome justice of the peace of the.county, inhabiting or being n;-ar the place whcie liich tender shill be made; ami the said mayor, It other chief officer, and justice 6s the peace, shall have lull
■power and authority to administer au oath, as he shall see convenient, to any parson, for the determining any questions relating to the said piece.
T he tellers of the Exchequer are lo cut or deface gold money that is
counterfeit or unlawfully diminished; and the better to discover this counterfeit or unlawfully diminished gold money from that which is good and true, they are to weigh in whole sums, or otherwise, all go'd money by them received ; and if the same, or any piece thereof, shall, by die weight, or otherwile, appear to be counterfeit, or unlawfully diminished, the same shall not be received by them, nor allowed them upon their respective accounts.
AbftraB of an Ad for the belter regulating the AJJiiU, and making <s Bread.
TH E preamble to this act sets forth, that as, according to the ancient custom of the realm, there hath been, from time immemorial, a standard wheaten bread, made of flour, being the whole produce of the wheat whereof it was made; end as by an ;.tl of the ;J year of the reign of his present Majesty, for explaining and amending an act of 31 Geo. Ji. two sorts us bread, mace of wheat only, are allowed to be made tor sale; that is, wheaten and houshold; whereby the flour, being the while produce of the wheat, is so divided in the making of bread for sale, as that this standard wheaten bread, made according to the ancient order and custom os the realm, could be r.o longer made for sale: and as houlhold bread, such as is intended by the said act of Geo. II. to oe made for sale, is not generally made for sale; whereby, and tor want of the said standard wheaten biead being continued, many inconveniences haveaiiien, and many
of the inferior clnssos of the people, more especially, have been under a necessity of buying bread ac a higher price than they could afford, to their great hurt and detriment; for "remedy thereof, it is hereby enacted, that alter September 29, 1773, a bread made of the flour of wheat, which flour, without any mixture or division, shall be the whole produce ot the grain, the bran cr hull thereof only excep;ed, and which shall weigh three fourth parts of the weight of the wheat whereof it lb.a'1 be made, may be, at all times, and is hereby allowed to be made, baked, exposed to sale, and shall be called and understood to be a standard wheaten bread.
Trie makers of this bread for sale are to mark every loaf with the capital letters S. VV. and, though no aliize of bread be set of the weight, they are to make and fell the lame in the following proportions: That is, every standard wheaten peck loaf shall always Weigh 17 Ib. 60/.. avoirdupois; every hall-peck loaf, 8 lb. 11 oz. and every quartern loaf j.lb. 5 oz. and half of an ounce avoirdupois; and every peck loaf, and quartern loaf, (hall always be fold, as to price, in proportion to each other respectively; and where wheaten and houshold bread, made as the law now directs, shall be ibid at the same time, togetner with this standard wheaten bread, they are to be fold in respect of, and in proportion to each other, as follows: that is, that the fame weight ot wheaten bread as costs 8d. the fame weight of this standard wheaten bread shall cost 7 d. and the same weight of houfliold bread shall cost 6 d. or seven standard wheaten astized loaves (hall weigh equal to eight wheaten affized
liaves, or to fix houfliold affixed loaves of the fame price, as near as may be.
This standard wheaten bread is not to be fold as priced loaves, at one an.l the- (ame time, together with ail'zed loaves of the fame standard wheaten bread.
Magistrates are, >vhen they think proper, to set the assize, and six the 'price of bread, the bakers allowance for bakint being included.
After September 29, 1773, makers of bread for'sole shall be liable to the same pains, penalties, and forfeitures, in all respects whatsoever, for any misdemeanor or neglect, inregaid to the said standard wheaten bread, as they are liable to by the laws novv in being in respect to wheaten or houlhold bread.
The miller or mealman, selling adulterated flour, (hall forfeit the penalties directed by 31 Geo. II.
Where magistrates (hall have set an assize on the price ot standard and wheaten bread, as directed by this act, other persons authorized may omit fixing the price of any other sort of bread.
After September 29, 1773, justices, at their quarter sessions, may prohibit for three months the baking or selling other bread than standard wheaten; but no such order shall take place till one calendar month, at least, alter the making thereof. A copy of such order is to be put up in iorne market-tow^, or inleitcd in some public newspiper; but the company of bakcis of London, or of any other city, county, divisun, dilirict, town, or piace, may osier objections against (uch prohibition, at the time when the justices stiall have it under consideration,
Wheaten loaves of the price of
id. or z d. may be made and fold, according to act 31 Geo. II.
No aiTize is to be set on coarser bread, if sold at a lower price, as directed by act 31 Geo. II. but where any baker of bread (hall fell coarse bread at the aflized houshold bread price, he (hall be liable to the penalties inflicted by law; and magistrates are to have the fame powers relative to the making or selling of bread, as they may have by any law now in being, and they are entitled to all the privileges and protections of the laws in being relative to the making and selling of bread; but this act is not to extend to prejudice the right or custom of the city of London, or Lords ot Leet; nor is it to prejudice the ancient right or custom of the Dean of St. Peter, Westminster, or the High Steward of the city of Westminster, and the liberties thereof, or his deputy; or the ancient right of the universities of Oxford and Cambridge.
All the laws now in being for regulating the price of bread, are to remain in full force, and, where the chief magistracy of a corporation is vested in two bailiffs, one of them is to set an assize on bread.
Extract from the Will of the late Right Hon. Philip Dormer Stanhope, Earl of Chesterfield. The IVtll, •which is engrossed on seven Jkiiis as parchment, is dated June 4, 1772. The Ccduil is dated Feb. ii, 1773. The Executors are Sir Charles Hothara, Bart. K. B. noiv Sir Charles Thomson, Beaumont Hotham, 2^7; and hovei Stanhope, E/q.
I Philip Dormer, Earl of Chesterfield, seriously considering the
uncertainty of human life in the best, and more particularly of my own in my declining state of health, do, while in a sound stale of mind, make this my last Will and Testament, intending to dispose of all my worldly affairs, not as humour may prompt, but, as justice and equity seem to direct. I most humbly recommend my soul to the extensive mercy of that Eternal, Supreme Intelligent Being who gaye it me; most earnestly, at the same time, deprecating his justice. Satiated with the pompous follies of this life, of which i have had an uncommon (hare, I would have no posthumous ones displayed at I my funeral, and therefore desire to be- buried in the next buryingplace to the place where I (hall die, and limit the whole expence of my funeral to 1001.—I give, devise, and bequeath, all my manors, messuages, lands, tenements, and hereditaments whatsoever, which I am seises! of, interested in, or intiiled to, within the counties of Bucks, Bedford, Hertford, Derby, and Nottingham, to the use of my godson Philip Stanhope, Esq; son of my kinsman Arthur Stanhope, Esq; deceased, and his astigns, for and during the term of his natural life, without impeachment of waste. Apply the clear yearly sum of 25001. for the maintenance and education of my said godson Philip Stanhope during his minority. And I do declare, that I have directed the said clear yearly sum of 250c 1. to be paid and applied to and for the use and benefit of my said godson, to the intent that he may go and reside abroad, at such place or places as the persons herein after named, who are to superintend the educatiou of my said godson, (hall