1743. ledging that they were perfectly satisfied with the opinion of the Court, the Jury were accordingly directed to find the prisoner Not Guilty. WAITE'S CASE. Bracton, 137. C. 31. 2 Inst. 315. 3 Inst. 34. 2 Hale, 219. A MOTION was then made for leave to charge the prisoner with a Civil Action; which being granted, he was accordingly charged, at the suit of the Bank, with a debt of thirteen thousand three hundred pounds. THE prisoner, at the time of his arraignment, desired that his irons might be taken off; but the Court informed him, that they had no authority for that purpose until the Jury were charged to try him. He accordingly pleaded not guilty; and being put upon his trial, the Court immediately ordered his fetters to be knocked off. Kely. 10. 6 St. Tr. 230. 2 Hawk. c. 28. s. 1. 4 Bl. Com. 322. 1744. CASE XV. THE KING against COMER. When the fe- THE INDICTMENT stated, "That John Comer, on the 23d lony is laid to constitute the "April, 17 Geo. II. about the hour of one in the night, the burglary, an dwelling-house of Bridget Berridge, Spinster, feloniously acquittal of is an acquittal of stealing in the dwelling house. See observa 66 66 the burglary" and burglariously did break and enter, and one diamond necklace, of the value of 150l. the goods and chattels of the said Bridget Berridge, in the said dwelling-house, then " and there being found, then and there feloniously and burglariously did steal, take, and carry away, &c. THE entry on the record "Puts himself on his coun"try. Jury say, GUILTY of felony only, in stealing goods "and chattels to the value of one hundred and fifty pounds "from the dwelling-house. NoT GUILTY of the burglary." tion on this case. 2 East, 516. (1) L. C. J. was, A QUESTION arose, Whether the prisoner, by virtue of this finding, was not entitled to the benefit of clergy? and the case was reserved by MR. JUSTICE BURNET and MR. BARON CLARKE for the consideration of the Judges. On the 30th November 1744, nine of the Judges (1) met Lee, L. C. B. Parker. B. Reynolds, B. Clarke, and Willes, C. J. Wright, Abney, Burnet, and Dennison, Justices. 1744. COMER'S CASE. at Lord Chief Justice Lee's chambers; and they unanimously 66 (a) Mr. East says that it appears by a note of MR. JUSTICE ABNEY, that WILLES, C. J. thought the indictment bad; that only MR. JUSTICE WRIGHT held the opinion above stated; and that the rest of the Judges were of opinion that the prisoner was ousted of Clergy on the finding of the Jury: But upon the doubt conceived by the minority, and the prisoner having laid many months in prison, they all agreed to recommend him for a pardon on the terms of transportation, 2 East, 517; and in Hungerford's Case, 2 East, 518, on an indictment for burglary and stealing £6. a verdict entered "not guilty of the burglary, but guilty of stealing above the value of 40s. in the dwelling-house" was held sufficient to warrant a capital judgment. But many of the Judges thought in such case an entry "not guilty of breaking and entering in the night, but guilty of stealing, " would be more correct. (1) See Overland's Case, post, and P.C. 625. 1746. THE KING against ROBINSON AND TAYLOR. CASE XVI. woman marry AT the Old Bailey October Session 1746, George Taylor, If a man and and Mary Robinson, Widow, otherwise the Wife of the said in the name of George Taylor, were indicted, before LORD CHIEF JUSTICE another, for the purpose of raising a specious title to the estate of the person whose name is assumed, it is a conspiracy. See 2 East, P. C. 1010. 1746. ROBINSON'S CASE. WILLES, MR. JUSTICE FOSTER, and MR. BAROn Reynolds, for conspiring together, that the said George Taylor should personate Richard Holland, and that the said Mary Robinson should be married to the said Richard Holland, that she might entitle herself to his estate, &c. and in pursuance of which conspiracy they were married accordingly at the parish-church of Saint Andrew, Holborn. THE evidence was, that on the 17th July the prisoner, Mary Robinson, who lived as a kind of servant with Mr. Holland, of Hornsey, ordered a man to take a box from her master's house to town, and leave it at the stables where her master put up his horses. Early on the morning of the next day, she called at the stables, and left word that a man would come for the box. Accordingly the prisoner George Taylor called for it, and in the afternoon brought it again; after which Mrs. Robinson called to know if the box was brought, and desired that it might be sent to Mr. Holland's, in Newgate-street. On the morning of the 18th the prisoner Taylor went to the office of Mr. Rushworth, a proctor in Doctors' Commons, and asked if he could have a marriage-licence there. On being asked whether it was for himself, he answered that it was not; and on the proctor telling him that one of the parties must come, he went away, and returned soon after to the office with Mrs. Robinson, whom he left there. On the same day Mrs. Robinson being at the Sun Tavern, in St. Paul's Church-yard, sent a porter to the EastIndia Warehouse in Fenchurch-street, for the prisoner Taylor; and in about a quarter of an hour after the porter had returned, he came, dressed in a dark-coloured coat, and asked where the woman was. After staying a short time, he went out, and returned again, in a light-coloured coat, and a light wig, which he desired the waiter to comb, telling him he need not carry it to the barber's. Mrs. Robinson was dressed in white sattin, with a large black bonnet over her face. This was about the hour of ten o'clock. Between ten and eleven, immediately after morning prayers, they were married at Saint Andrew, Holborn, by virtue of a licence, by the names of Mary Robinson, of the parish of Hornsey, Widow, and Ri chard Holland, Batchelor, of the same place. During the ceremony Taylor was in such agony and confusion, that the sweat ran down his face. The lady was given away by the deputy-clerk; and the coat, shirt, neckcloth, and wig which Taylor had on, were proved to be the real Mr. Holland's own clothes, which Mrs. Robinson had the day before sent in the box to the Livery-Stables. Being thus married, they went to the King's Head Tavern, in Holborn, where they dined; after which Taylor went to Mr. Standgate's, in Holborn, where he had dressed, and replacing Mr. Holland's clothes in the box, and putting on his own, he carried it to the Livery-Stables; from whence it was sent, by the desire of Mrs. Robinson, as before mentioned, to Mr. Holland's house, in Newgate-street. The wig, however, by some accident, was missing from the box, which, with something Mr. Holland had heard, gave rise to a suspicion of what had been going on; and he accordingly caused the prisoners to be apprehended, when both of them made a full confession of the facts above related. UPON this evidence it was contended by the Counsel on the part of the prisoners, that by the Common Law people may marry by whatever name they please; and although the indictment charges, that in the present case it was a conspiracy, yet they have not proved that any one has in fact been injured, or that it was done with any view or intent that a third person should suffer any injury from it. Many reasons may exist which may make it expedient for people to marry in fictitious names, which may by accident be the names of other persons; but it is not the imagination of such third person that they are thereby injured, which will make the parties guilty of an offence. It must be made out that there has been a combination to affect the interest, or injure the estate of a third person, before any such act can be construed a conspiracy; for a conspiracy must be to do an injury to the person or estate of another. THE COURT, however, over-ruled the objection; and observed, that it was the province of the Jury to collect from 392. Stra. 144. 198. 1746. ROBINSON'S CASE. 8 Mod. 11. 20. 1 Blac. Rep. 1 Hawk. 348 1746. ROBINSON'S CASE. all the circumstances of the case, whether there was an intention or design in these parties to do a future injury to Mr. Holland; and that it was not necessary to prove any direct or immediate injury, or even to shew any specific overt act of conspiracy. THE Jury found the prisoners guilty of conspiracy; Mary Robinson was imprisoned two years in Newgate, and George Taylor six months in the Poultry Compter. 1747. CASE XVII. A convict allowed the be nefit of a THE KING against HAINES. AT the Summer Assizes 1747 for the County of Worcester, gene- Richard Haines was convicted upon an information of mayral pardon, though he had hem. An Act of Grace, including this offence, had passed neglected to between the time of pleading Not Guilty and the trial; but pray it in the defendant, on being arraigned, had neglected to take adproper time. vantage of it. (1) Foster, 43. 1 Wils. 150. S. P. C. 169. 173. Bro.Cor. In the Michaelmas Term subsequent to the conviction, the defendant moved the Court of King's Bench that he might have the benefit of the Act; and a rule was granted to shew cause. MR. BATHURST, for the Crown, contended, that as the defendant had neglected to pray the benefit of the Act at the tine of his trial, he now came too late; and 2 Hawk. c. 37. s. 59. Kely. 24. Jenk. Cent. 129. Hale, 252. and Ratcliffe's Case (1) were cited. MR. EVANS, for the defendant, said, that the practice of the Old Bailey was to plead Guilty, and then to claim the benefit of the Act; but as the defendant had pleaded Not Guilty before the Act passed, he could not take advantage of it until the Jury had found him guilty; for no man can have occasion to require a pardon until he has either confessed himself guilty, or a Jury has found him so. THE COURT took time to consider of the case till Easter Term 1748; and they then delivered their unanimous opi |