APPENDIX TO CHRONICLE. 
Bagnall observed, that he trusted 
the officer would represent the 
business in the most favourable 
light, as he had not employed 
base metal, but had only changed 
the impression of genuine Spanish 
dollars. 
The testimony of Foy was con- 
firmed, in all its material parts, by 
the other witnesses. 
Mr. Alley now took an object- 
ion, founded on the expression of 
the act, which, in the part enac- 
ting the penalty, only referred 
to the “‘said’’ dollars. Now, the 
*‘said” dollars, it appeared, by a 
preceding clause, were dollars is- 
sued at five shillings currency, 
but the dollars which the prison- 
ers were charged with having 
counterfeited were issued and cir- 
culated for five-and-sixpence. 
However nice the distinction might 
appear, such distinctions were al- 
ways received, when they, could 
be at all established in favour of 
the accused ; so that in the case of 
a man who had stolen a horse, it 
was determined that he was not 
within the reach of the statute 
which inflicted the penalty of 
death on the offence of stealing 
horses; and a new act was made 
in consequence. 
_ Mr. Barry, on the same side, 
argued, that this was not the of- 
fence distinctly pointed out by the 
preamble of the act, which au- 
thorised the Bank to issue dollars 
at five shillings, on obtaining an 
Order in Council for that purpose. 
It did not appear by the evidence, 
however, that the Bank had ever 
obtained an Orderin Council to 
enable them to issue dollars at the 
nominal value of five-and-six- 
pence. 
317 
- Sir Simon Le Blanc over-ruled 
both objections, on the ground 
that the dollarsnow in circulation, 
only purported to be, and were 
originally issued as five-shilling- 
pieces. That they at present cir- 
culated at the rate of five shillings 
and sixpence, was for the sake of 
public convenience, and upon an 
undertaking on the part of the 
Bank, to take them back at a fu- 
ture period at that value. » 
The elder Bagnall then put in 
a written paper, in which he so- 
lemnly declared that he never had 
the intention to commit a fraud, 
nor any knowledge that he was 
transgressing the laws of his coun- 
try. He had made the dollars in 
the course of his business as a dye- 
sinker, and in the execution of an 
order which he had received from, 
a person, who said he intended to 
circulate them in Holland. What- 
ever the Court might determine 
with respect to himself, he hoped 
they would consider his sons as 
innocent, and as acting under his 
influence. He should call wit- 
nesses, who he trusted would 
prove that up to this period of his 
unintentionally erring, he had 
maintained the character of an 
honest man. 
Several witnesses gave the pri- 
soners an excellent character, and 
stated that the machine in ques- 
tion was employed by the Bag- 
nalls, asdye-sinkers and ornamen- 
tal engravers. 
The jury, after a few minutes 
consideration, found all the pri- 
soners guilty ; but recommended 
the two sons, one of whom is 26, 
and the other 18 years of age, to 
pardon, as acting under paternal 
influence. 
