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JUDGES, without any judgment on this indictment, being under sentence of death.

The question submitted for the opinion of THE JUDGES was, Whether any and what judgment could then be passed upon Brady, he standing properly convicted of a common law felony, independent of the first indictment?

In Hilary term, 29th January, 1814, ALL THE JUDGES being present (except MANSFIELD C.J.), agreed that THe Recorder should not call the prisoner up for sentence on the last conviction as an accessary on a clergyable felony, but that he should be recommended for a pardon, on condition of being transported for

life.

1814.

CASE.

THE

REX v. THOMAS GLOVER.

1814.

bit in a wire is sufficient to

HE prisoner was tried before Mr. JUSTICE BAYLEY, at the Taking a rabLent assizes for the county of Somerset, in the year 1814, on an indictment on the 5 G. 3. c. 14. s. 6. (a) for entering a warren in the night-time, and taking in the night-time one coney, against the will of the warrener.

constitute an the 5 G.3.

offence within

c. 14. s. 6.

though the It appeared in evidence, that the prisoner set several wires rabbit is not about six o'clock in the evening of the 18th of December, 1813, and that a rabbit was caught in one of them. The prisoner came between five and six the next morning to the field where

(a) Which enacts, That if any person or persons shall from and after the first day of June, 1765, willfuly and wrongfully in the night time enter any warren or grounds lawfully used or kept for the breeding of conies, although the same be not inclosed, and shall then and there wilfully and wrongfully take or kill in the night time any coney or conies, against the will of the owner or occupier thereof, or shall be aiding and assisting therein, and shall be convicted of the same before any of His Majesty's justices of oyer and terminer or general gaol-delivery for the county where such offence or offences shall be committed, every such person and persons so offending and being thereof lawfully convicted, shall and may be transported for the space of seven years, or suffer such other lesser punishment as the court before whom such person or persons shall be tried shall direct.

killed, and though the party never takes it away.

1814.

GLOVER'S
Case.

he had set the wires, and just as he was about taking up the wire in which the rabbit was caught, the warrener surprised him and took him.

The rabbit was not dead.

The prisoner was found guilty, and sentence passed; but upon a doubt being suggested, whether the catching by the wire was a taking by the prisoner within the meaning of the act; the learned JUDGE reserved the point for the consideration of THE JUDGES.

In Easter term, 7th May, 1814, ALL THE JUDGES being present (except DAMPIER, J. who was absent), were of opinion (with the exception of LE BLANC J., who differed from the rest) that taking, in the statute, meant catching, and not taking away; and that the prisoner was rightly convicted.

LE BLANC J. thought that taking meant taking away, as in larceny.

1814.

husband's

order and procuration, but in his absence

order and cer

REX v. SARAH MORRIS AND JOHN MORRIS.

A wife, by her THE prisoners were tried before Mr. BARON RICHARDS at the Lent assizes for the county of Kent, in the year 1814, on an indictment, the first count of which stated, that Sarah Morris, the knowingly ut- wife of John Morris, on the 8th of December, 54 G. 3., at Greentered a forged wich, in the county of Kent, feloniously did falsely make, forge, tificate for the and counterfeit, a certain order and certificate, for receiving cerpayment of tain prize money, which had become due to Henry Taylor, a prize money; petty officer in His Majesty's naval service, which said false, forged, and counterfeited order and certificate is as follows; that is to say, (here the order and certificate in the form directed by the 49 G. 3. c. 123. (a) was set forth) with intent to defraud the Com

held that the presumption of coercion at

the time of uttering did not arise, as the husband was

absent, and that the wife was properly convicted of the uttering, and the husband of procuring.

(a) The 13 § of the above statute, after reciting that further provision is necessary to prevent the fabrication of orders and certificates entitling persons to receive prize money due to seamen and others enaets, among other things, That all shares of prize and bounty money due, or which shall become due to

missioners and Governors of the Royal Hospital for Seamen, at Greenwich, in the county of Kent, against the statute, &c. and against the peace, &c. And that John Morris, before the felony and forgery aforesaid was done and committed in manner and form aforesaid, to wit, on the said 8th of December, in the year aforesaid, at the parish of Saint Mary Lambeth, in the county of Surrey, to wit, at Greenwich, in the county of Kent, feloniously did invite, move, counsel, aid, abet, charge, and procure the said Sarah Morris to commit the felony and forgery aforesaid, against the statute, &c. and against the peace, &c.

The second count stated, that the said Sarah Morris afterwards (to wit) on, &c., at &c., feloniously did utter and publish as true, a certain false, forged, and counterfeited order and certificate, for receiving certain sums of money which had become due to the

1814.

MORRIS'S

Case.

any petty officer, seaman, non-commissioned officer of marines, marine or soldier, or any person rated as a boy or borne as a supernumerary in His Majesty's naval service, shall be paid by the agent or agents, to the captors (if the money shall be in his or their possession), or the treasurer of the Royal Hospital at Greenwich, for the time being, or his deputy, and the clerk of the cheque of the said Royal Hospital, for the time being, or his chief clerk, (if the same shall have been paid over to the treasurer,) to the person entitled thereto, or to any other person authorised to receive the same by any order, which order shall specify the name of the prize, or prizes distributed, or for distribution, or give such description thereof as shall be satisfactory to the person in whose possession the said prize or bounty money may happen to be, and who shall be called upon to pay the same; and the person making such order shall also procure a certificate, which certificate shall contain a full description of the person making such order, and is to be signed in the manner therein pointed out; which certificate shall be written or printed on the same paper containing such order, and which order and certificate being presented together, and the said order being paid, such order and certificate shall remain with the agent or agents to the captors, or the treasurer of the said Royal Hospital, or his deputy paying the same; and that any such order may be revoked at pleasure by the person making the same; and if any person or persons shall falsely make, forge, or counterfeit, or shall willingly act, or assist in the false making, forging, or counterfeiting any such order or certificate as above specified, or shall utter or publish as true, any such false, forged, or counterfeited order or certificate, knowing the same to be false, forged, or counterfeited, with intent to defraud any person or persons in any corporation, every such person being thereof lawfully convicted shall be deemed guilty of felony without benefit of clergy.

1814.

MORRIS'S
Case.

said Henry Taylor, a petty officer in His Majesty's naval service; she the said Sarah Morris, then and there did, knowing the said last-mentioned false, forged, and counterfeited order and certificate to be false, forged, and counterfeited, which said last-mentioned false, forged, and counterfeited order and certificate is as follows; that is to say, (here the order and certificate was set forth as in the first count with the like intent,) against the statute, &c., and against the peace, &c. And that the said John Morris, before the felony last aforesaid, was done and committed in manner and form last aforesaid, on, &c., at, &c., feloniously did invite, move, counsel, aid, abet, cause, and procure the said Sarah Morris to commit the felony last aforesaid, against the statute, &c., and against the peace, &c.

There were two other counts, with intent to defraud the said Henry Taylor. Four other counts, for forging and uttering an order to receive, &c., and four other counts, for forging and uttering a certificate to receive, &c. The remaining counts were for forging, uttering, and putting away an order for payment of

money.

It was proved that Henry Taylor, whose name appeared subscribed to the order, was a petty officer, on board the Frederickstein frigate, in the year 1811, and as such was entitled to prize money on account of the capture of the Teresia by that frigate.

It was proved by a clerk in the checque office in Greenwich Hospital, that the prisoner, Sarah Morris, a day or two before the 22d of November, 1813, applied at the office for prize money due to Henry Taylor of the Frederickstein, on account of the capture of the Teresia, and produced to, and left with the witness the order mentioned in the indictment. The order purported to be signed by Henry Taylor and the certificate by Charles Hewitt, captain of the Gladiator. Upon examining the order with the prize index it appeared that the money was not come into the office. The prisoner (Sarah Morris), two or three days afterwards applied again at the office; upon which the order was given back to her, and she was directed to apply when the money had been paid into the office.

It was proved by another clerk in the checque office, that he had received a letter from the other prisoner John Morris, in conse

quence of which he had sent for the prisoner Sarah Morris, to the office. When she came to the office she again applied for the prize money due to Taylor, and produced the order and certificate. The prize money due to Taylor had then come into the office, and a warrant was prepared for the payment of the money; but it being subsequently discovered that the order was a forgery, the money was not paid, and both the prisoners were apprehended. The signature of Henry Taylor to the order, and of Charles Hewitt to the certificate, were forgeries.

The landlord of the house in which the prisoners lodged stated, that he had two or three times heard John Morris order his wife Sarah Morris to go to Greenwich, respecting the thirty pounds of prize money due to Henry Taylor, her father; that John Morris told his wife that she must go for the money; and as the witness believed, she went to receive it in obedience to her husband's orders. It was in addition to this proved, that the prisoner John Morris, had signed a paper stating that his wife had acted in this business entirely under his orders and directions.

It was also proved that the prisoner, John Morris, applied to a captain's clerk in the navy, in November, 1813, and told him there was about thirty pounds prize money due to his father-inlaw, Taylor, whom he described as a caulker in the Frederickstein frigate, and desired witness to fill up the blanks in a blank order and certificate, which he did, except the signatures. That John Morris afterwards said that he had got the paper regularly signed, and was going to send his wife to Greenwich for the money.

Upon this evidence, it was objected by the counsel for the prisoners, that as Sarah Morris, in the part she took in this transaction, acted under the control and direction of her husband, she could not be found guilty; and that the other prisoner could not be guilty as accessary, if she was innocent as a principal. And that in any event the prisoner, John Morris, was not within the statute 49 G. 3. c. 123.

The jury found them both guilty; but judgment was respited that these points might be submitted to THE JUDGes.

In Easter term, 7th May, 1814, ALL THE JUDGES met (except DAMPIER J. who was absent). The conviction was held right. THE JUDGES were of opinion, that Sarah Morris was well convicted of uttering the forged order and certificate; and John

T

1814.

MORRIS'S

Case.

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