Mr. JUSTICE WILLES (after stating the indictment and the circumstances
that appeared in evidence, proceeded thus)--This matter was submitted to
the opinion of all the judges, the first day of last Michaelmas term,
except Lord Mansfield, who was absent, and they all agreed in the
distinction between the parting with the possession and the parting with
the property; that in the first case it was a felony, and in the last
case it was not. Nine of the judges were of opinion that in this case
possession only was parted with, it being merely a pledge, till the
supposed value of the ring was delivered. Two of the judges thought that
the doubloons were the same as money, and were of opinion it was a loan,
and was a parting with the property; but nine of the judges were of
opinion it was felony, and the judges could not distinguish this from
the following case of the King and Patch. The prisoner was indicted for
stealing a watch and some money. He picked up a ring and a purse in the
street, and, pretending he had found it, offered to divide the money
with the prosecutor, and opening the purse there was a ring and bill of
parcels, stating the ring to be a diamond one, of £147 value, and a
receipt for that sum. Different modes were proposed for the
distribution; at last the prisoner asked the prosecutor if he would give
him his money and watch and take the ring? Two other men that were in
company took up the watch and money, and the prisoner got the prosecutor
out of the room, under pretence he had something particular to say to
him, and the two men ran away with the watch and money. The prosecutor
was uneasy, and the prisoner said he knew the two men. The prisoner was
apprehended, and the ring was found to be of the value of 10s. only. It
was objected by the counsel for the prisoner that it was not a felony.
But Mr. Justice Gould, Mr. Baron Perryn, and Mr. Justice Buller held it
should be left to the jury to say what was the intention of the prisoner
to get the money and watch, for if the whole was a scheme of the three
men, it was felony, according to the case of the King and Peers, where a
horse was hired for the day by two men who went directly and sold him;
and Mr. Justice Gould left it to the Jury whether the prisoner and the
other two men were not all in concert together. Upon the whole,
therefore, of your case the majority of the judges are of opinion that
you are guilty of the felony, and not merely of a fraud, and that
judgment must be passed upon you accordingly.
* * * * *
Public-domain text, read in full here on John Shaqi.
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