fon was, and there I gave him one guinea. He fhook hands with my fon's friend, and wifhed him joy of his friend's pardon, which was come down, he faid. I did not fee him afterwards for a fortnight or three weeks, at which period he called at my house, and told me that all was fettled, but afked me to let him have two more guineas. I told him it was not in my power to let him have it. I told him the agreement was for five guineas; and that I would give him more when my fon was pardoned on condition of ferving his majefty; upon which he put himself in a great paffion, and faid-"Damn his blood, he would hot do any more for him; and he would ftop what he had done for him." He told me he had faved his life. "No," fays I; "you have not faved his life. Mr. fheriff Liptrap has faved his life, if it is faved; for he had prefented a petition for The prifoner faid, it was the fame fort of business as the fmugglers' he had been promifed 30l. for that, but had only 131. He afked me what money I would give him of my own generofity, if his pardon fhould come down. I told him he had had fix, and that I would give him four more, to make it 10. He faid, "Ten!what is 10" "A great deal," said I, " for such a poor woman I am." He asked me how he was to come at that money? I told him I would give him my note of hand. He faid, that would not do. I faid, "I would fell the bed from under me, when his pardon comes, to give you the money." He faid, that would not do: it was not enough. At this time I began to fufpect him. I thought he was a bad man. He faid the money went through fo many different channels, that he

fhould not have a halfpenny of it left for himself. From that time I faw no more of him, until I faw him at Bow-street.

Sarah Hackett corroborated the laft witness, and fwore the faw fome of the money paid to the prifoner, who came to the mother's house in confequence of an application that fhe understood to have been made to him by the wife of Sanders, and who made that application to the prifoner after having heard that he had procured the pardon of fome fmugglers.

The duke of Portland was then examined to prove the matter of form ftated by Mr. Garrow. The noble duke faid, that the prisoner had no influence whatever with him.

Mr. Baldwin faid, that certainly the prifoner had no influence with him, but on the contrary. That he held a confidential office under his grace the duke of Portland, through which the letters of pardon come. He had feen the prifoner, Knowles, before. He did not know whether it was for the purpofe of foliciting pardon that he came to his office. He believed he might have come to his office to folicit pardon for Gee and Richards, two fmugglers. The prifoner prefented a petition at his office, and he thought he faid he came from fir Watkin Lewes. Gee and Richards were pardoned, but they were pardoned on condition of ferving in his nrajefty's navy, and they were very good feamen, and therefore it was thought proper under thefe circumftances to pardon them. Some time after this the prifoner, he thought, brought another petition to the office; whether it was for Sanders, or for a perfon of the name of Hill, he did not know. He afked the prifoner how

he

he came to have any thing to do with these matters, for he then began to fufpect him, and doubted whether he was not improperly employed in that fort of bufinefs; and therefore told him, that any petition which he fhould bring after that would not be attended to, because he had great reafon to think the prifoner was acting improperly. He therefore forbade his coming to the office on any bufinefs whatever notwithstanding which, he believed that in a day or two afterwards he met the prifoner coming from the office. He asked him, how he could have the affurance of coming there after what had paffed between them? and he would venture to affirm that the prifoner never could have any influence, or any chance of fucceeding in any application that he should make at the office for pardon or any other fa

vour.

This was in the fummer, but whether in the month of July or not, he could not tell. Mr. Baldwin added, he thought it was fit that the court fhould know, he was fure it was fit that the public fhould Anow, that there was not one farthing of expence attending applications for pardons. No fees whatever are paid, nor any required that he knew of, upon thefe applications. That whenever a pardon was obained it was without one farthing of expence in the granting it.

Sir Watkin Lewes was then examined. He faid he knew the prifoner at the bar. He was recommended to him as a ferjeant in the London militia. He told him he appeared to be too old for that office, but afterwards he told him he would make him a temporary ferjeant, and that was the way he came to make use of the name of fir Watkin Lewes. He did not know him

antecedent to that time. Subfequent to that time he had employed him on various occafions, in going about bafinefs relative to the regiment, but on nothing elfe; and that he underftood to be the principal em ployment. He had not the leaft influence with him. On the contrary, the prifoner defired him to \ give a letter to the duke of Portland or Mr. Baldwin relative to fome pardon, but he pofitively refused, and told him he never did write a letter to the fecretary of state, or make any recommendation in favour of any prifoner, unless upon petition prefented and recommended by perfons of refpectability and whom he knew, ftating the propriety of the application, and cyrtifying the general good character and conduct of the perfon on whofe behalf the pardon was folicited.

Mr. Knapp addreffed the jury, on behalf of the prifoner, in a fpeech of confiderable length, in which he contended, that, although it was clear from the evidence of the noble duke, of fir Watkin Lewes, and of his learned friend, Mr. Baldwin, that the prifoner had no influence with either, yet from all the circumftances of the cafe it was not unreafonable to fuppofe that the prifoner might have thought he could have fucceeded in this cafe as he did in the cafe of the fmugglers, and therefore there was no intent to defraud the perfon of whom the money was obtained for foliciting this pardon. He maintained that the parties had agreed in this cafe, that the prifoner fhould try what he could do; and although he failed, yet as he had ufed his endeavours, he had not obtained the money under falfe pre tences, but was entitled to take it upon the general maxim that every labourer is worthy of his hire. The prifoner faid a few words in

The chief baron, in an able charge, ftated to the jury the fubftance of the indictment, the whole of the evidence, and commented upon the points which were moft material for their confideration.'

This indictment, he faid, was founded on an act of parliament paff ed in the 30th year of the late king. The neceffary ingredients to prove this charge were, That the party accufed fhould be proved to have reprefented himself to be in a fituation in which he was not; or ftating a thing to have happened which he knows has not happened; or ftating that fuch a thing is likely to happen which he has no reason to believe will happen. These were the three ingredients which were neceffary to fubftantiate the charge exhibited against the prifoner at the bar.

Inconfidering this cafe, he thought it neceffary to caution the jury in this ftage of the business to reprefs all fpecies of refentment against the act with which the prifoner was charged; to keep their minds perfectly cool upon the matter; and to, leave out of the cafe entirely, for the prefent, all feelings of refentment against the deteftable nature of the offence. This was, important in many views of the fubject. It was highly important to the individual who ftood charged, and highly important alfo to the public adminiftration of justice. It was impoffible that any thing fhould be more important to this country than this; that the royal mercy fhould not be obftructed, or interrupted by the artifice of individuals making animpreflion against the propriety of appiving for mercy, by the effect which their conduct might have in safes where they had attempted to

fame time impofed on the minds of men who were overwhelmed with terror, when their lives were in jeopardy. And further, that the public opinion fhould be confirmed that the royal mercy flows in fo pure a channel that nothing can corrupt or injure it. The price which we paid in this country for the due administration of justice and the fettled rules of law, applied to the prerogative of mercy, as well as every other branch of diftributive juftice; becaufe it was impoffi ble to fettle any precife rule of law which might not become too fevere, if applied to every particular cafe that came under the defcription of that precife rule. Let precife rules be ever fo wifely formed, fome particular cafes would fall under them, which, if judged of rigidly, would be hurtful to the feelings of the moft humane and the most confiderate; and therefore it was that the prerogative of pardon was given to the king, in order that thofe cafes which could not be difpofed of by thefe rules without great diftrefs to our feelings, might be foftened down by the exercife of royal mercy. Without fuch a prerogative, pofitive rules might fometimes occation fubftantial injuftice, and on this account his majefty's power to pardon became one of the great advantages of the fubject. With refpect to petitions for mercy, it was not to be confidered that the leave to prefent a petition was matter of favour. It was the right of the fubject in this country to petition for mercy as well as for any other object. When thefe petitions were prefented, they were fifted as much as poffible at the office of the fecretary of state, and the refult of the whole was laid before his majetty, who, with the advice of his council, dif

pofed

pofed of them as fhould feem

meet.

The jury would now confider whether the allegations in the indiament were or were not proved; and that was their exclufive province to determine. [Here his lordship recited the evidence.]

The queftion for the jury would be, Whether the prifoner did or did not pretend to an influence which he did not poffefs, in order to obtain the money of this poor woman? In judging of this cafe, the jury would take the whole of it into confideration. The main points were three: Whether he did or did not mifreprefent himself as to his own fituation? whether he did or did not do what he did with intent to defraud; and, whether he did not actually obtain this money in confequence of falfe reprefentations? If the jury found these facts in the affirmative, it would be their duty to find the prifoner guilty; if they doubted either of thefe points, they fhould acquit him.

The jury withdrew, and remained out of court for above half an hour, and returned their verdict-Guilty. This, although only a miidemeanor, fubjects the prifoner to tranfportation for seven years.

There is another charge of the fame kind against him at the inftance of another perfon.

14. The London Gazette announces the capture of La Mufette, of 22 guns and 150 men, by his majefty's floop the Hazard; and of the Deux Amis, of 14 guns, and 18 men, by the Polyphemus and Apollo. These prizes were brought into Cork.

Admiralty Office, Jan. 14. Copy of a Letter from Capt. Barton, of his Majesty's Ship Lapwing, to Evan Nepean, Efq.dated in Baffeterre Roads, Dec. 3, 1796.

SIR,

A packet leaving this place today for England, I embrace the opportunity, for the fatisfaction of their lordships, to acquaint them that I anchored at St. Kitt's on the 25th ultimo, when an express boat had been fent from the island of Anguilla, to inform the admiral that the island was attacked by two French men of war, and feveral fmall veffels, containing four hundred troops. I felt it my duty (as the exprefs-boat returned here with the lofs of her main-maft) to leave the fervice I was ordered on, to endeavour to relieve that place. The wind, being to the northward, prevented my getting up there in time to ftop them from burning the town; but I have the pleasure to say, after an action of near two hours, I effectually relieved that island, by taking the hip and finking the brig. The fhip proved to be Le Decius, mounting twenty-four fix-pounders, two twelve-pound carronades, and two brafs field-pieces, with one hundred and thirty-three men of her own complement, and two hundred and three troops, commanded by citoyen André Senis, and the brig La Vaillante, mounting four twenty-four pounders, with fortyfive men and ninety troops commanded by citoyen Laboutique. The particulars of the action I have tranfmitted to rear-admiral Harvey, for the information of their lordhips.

I am, &c.

day received by the right honourable Henry Dundas, one of his majefty's principal fecretaries of ftate, from major-general Charles Graham, commanding his majefty's troops in the Leeward islands in the abfence of lieutenant-general fir Ralph Abercromby, K. B. Extract of a Letter from Major-Ge neral Charles Graham to the Right Honourable Henry Dundas, dated Head Quarters, Martinico, October 16, 1796.

Our affairs in Grenada wear the moft favourable afpect. I may fay, indeed, tranquillity is completely restored, as they enjoy it in the moft comprehenfive fenfe: the communication throughout the island is perfectly open; there are fome few fragglers, no doubt, in the woods, but they never moleft even fingle paffengers, and their number is fo inconfiderable, and their state fo wretched, that they rather deferve our contempt than merit our refentment. Fedon has not yet been taken, and opinions are various with refpect to his death or efcape: the former, however, I think moft probable, as it is reported a canoe, that had been overfet, was found by a veffel fome diftance from the coaft, with a compafs nailed to the bottom, which was known to be one that he had had in his poffeffion; it is therefore likely he may have been loft, in endeavouring to make his efcape.

I embrace with fatisfaction the opportunity this affords me of having the honour to inform you, that a negotiation has been opened, for a general exchange of prifoners, with the commiffioners of the French republic at Guadaloupe; the commiflary fent here to treat on that bufinefs has in confequence returned with two hundred; an equal number of ours are to be fent

by the cartel; when the bufinefs is finally fettled, I fhall have the pleafure of acquainting you with the particulars. Head-Quarters, Martinico,

SIR,

Nov. 13, 1796.

It affords me great fatisfaction to have an opportunity of informing you of the entire reduction of the Brigands and Charibs in St. Vincent's, which was communicated to me by major general Hunter fhortly after I had the honour of addreffing you on the 16th ultimo ; a copy of whofe letter I herewith tranfmit, together with the return of killed and wounded.

I have the honour to be, &c.
CHARLES GRAHAM,
Major-General.

St. Vincent's, O. 18, 1796.
SIR,

When I had the honour of writ ing to your excellency on the 22d of Auguft, I inclofed a copy of the terms offered to the Charibs by governor Seton and myself, in confequence of fir Ralph Abercromby's orders and inftructions to me upon that fubject. At the fame time I acquainted you with the plan I had adopted in order to reduce the remaining brigands, and to compel the Charibs to furrender.

I have now the fatisfaction to inform you of the total reduction of the Brigands and Charibs on this island.

Marin Padre, (a Negro of St. Lucia) who has commanded the Brigands and Charibs fince the capture of the Vigie, and who had great influence and authority over both, furrendered on the 2d inftant.

The number of Brigands who have furrendered or have been taken fince the 4th of July amounts to 725, the number of Charibs to 4633, including women and children.