Star. — London, England, 1805-07-18 00:00:00

SIR HOME POPHAM. gC01415 REPORT OF THE SELECT COMMITTEE OF THE HOUSE OF COMMONS, RESPECTING SIR HOME POPHAM. °ROM!) ST THE 110 OFF OF COMMON/ TO IL PItIOTID 24TH WOR,18.:1. The 5.21./LCT C02121112te, to whom the feveral Papers pre rental tothis Houk, relating to the Repairs of his Majefty's Ships the Romney and la Senfible, while under the command Of Sir Home Popham, are referred, to examine the feveral Matters contained therein relative to the laid repairs, and to the proceedings of the Admiralty and Navy Boards, and of the Commiffloners of Naval Inquiry tiwreupon ; and alto to boluire into the cirettmftanees attending the publication of the Report of the Navy Board, dated Feb. 20. aoi, and into the id; of certain Vouchers and Documents on which that Re port was framed; and alto into the cirromßances attending the impreffing of Mr. David Ewen Bartholomew: and to re port the lame, togethor with their abfervatintis thereupon, ?tom time et time, to the Houk ; and who were empowered to examine into the Expenditure and Porthile of all Stores, for the ufe of the raid Ships : have purfuant to the Order of the Houle made a further inquiry into the leveret matters to them referred ; and have agreed upon the following Re port :-- 114 Your Committee think proper, in reporting up s' on the Proceedings of the A.lmiralty and Navy re E N itals, to lay before the Houle a fummary ac " count of fuch Proceedings, together with (tch 0 parts as appear to them to be material, of the Col.- ~ rtfpondence which has taken place between theft 0 Boards and Sir Home Popham, and between Lord f , St. Vincent and that Officer, on the fubjcit of his " Accotrnt." The firil part of this Report , relates chiefly to the 6rrefpondence which took place between the Admi ralty lnd Navy Boards and Sir Home Popham, .and between Lord St. Vincent and that Officer, on the fubjl,2 of his account. I: -Appears, that on the fame day on which the Board ..1 Admiralty fent the Report of the loth of Febin.ry to the Commiffinners of 11.4eal Inquiry, mcir L(.7dfh.ps direted Sir Home Popham to b: in formed— - - That th: Reports which had been made to them from the ^omraiflitntess of the Navy and Vidtualiihg Boards on the fah feet of the expeirditure, purchafe, and (applies of ftores and pro. ;rains for the fhips late under his orders in the Haft Indies, and the account of tales of fuch articles as were fent On thore to Mr. low. being of the moft exisaordinary com;slesion, their Lord. Ceina had domed it expedient to lay the whine betore the Cont. mafionces of inquiry into Abufes, and that on the receipt of the Isei.lert from the tlavy Board, their Lordfhips had been pleated to ?,reel, that all the Bills which had been drawn on account of the maps, Biotite. be charged as an imprclt againft him,and it at his pal and half pay, as well as that of Captain Saufe and Lkute.. =la Davis, tboaid be *topped until further orders." On the receipt of this communication Sir Home Witham wrote to the Admiralty Dnard, exprelling his furprile that their Lordthips fhould have referred an ex torts fiatecni.:nt to the Commiffroners of Naval Inci.L;ry, and reminding the Board of the ineffectual application which he had made to be allowed to at- Told the Navy Board to the purpofe of explanation. Be Tv:incited that a copy of fuch Reporror Reports ni might have been made by the Navy or Vii nalling Beard refpthing him, (horrid he fent to him, agree abiy to the affurance of Lord St. Vincent, in his let ter of the yl of July. He was informed in anfwer, that dirtiliwalbouZ ILe given to thole Boards to furnifh Dim with copies of Inch Reports, on his making applications to them for that purpofe. It is hated by Admiral Markham to have been the intention of the Admiralty that Sir Homi Popham fltould be farnillied with a copy of the Report, bats not of the pa per: and doctunastr oh Which it it foirtelcd ; when, how ever, Sir Home Pophatn afterwards applied for co pies of the Report, a nd of the Papers eonneded with it, !e was informed that the Navy Board was not direci:d to fend him a copy of the Report, and that the documents alluded to were not in the dFce. Sir HoMe Pophi!at, therefore, appears to have failed in his endeavours to obtain a copy either of the Report or of the Papers. He (Cates himfelf to have continued without any knowledge of the RCport, or any o.her information of its nature, than that it had been deeltred fit to be referred to the Commiffionera of Naval Inquiry, until after a change had taken plate in the Adminiftration, when this Report was mentioned to him by Lord Melville, as a reafon why he could not be employed on a command, to which his Lordfhip had intended to appoint him. The Report was then tranfmitred to Sir Home Popham from the Admiralty, viz. on the t 3th of September 18o4; and oh the 29th of the fame mouth Le returned an anftver to it, noticing, however, the want of the papers on which it had been framed.— In cordcquence of this anfwer he was employed ; but of the papers alluded to, and which are tbofe with Inc Navy Board had been unable to furnilh hint, he appears, by his own evidence, not to have procured any copes till a part of them appealed in November, 1804, in a pamphlet, which forms a dillind ;1 reference to this Committee. The nest part of this Report relates to Mt. Tucker, by a. horn the Report of the Navy Board now under copfideration was drawn up. It appears that the Commiilioners of the Navy deemed ihe matter coo t-tiled in the Report of the sorb of February, 014, to be of a very grave and ferious nature t notwith 'landing which they did not enter into an examina tion of the Lifts and documents on which this Report wee formed. In explanation of which circumftance, and in erode for blending the fanftion of their names e filch a Ilatement, Without fome previous exatoina ''on of the faits upon which it was founded, feveral Members of the Navy Board have Rated, that they were prevented from entertaining any fufpicion of error or millatement by the reliancewhich they placed on Cie accuracy and ability of Mr. Tucker. The third head oh the Committee's Inquiry was the o'"'•lication of the Report of the Navy Board, dated zoth of February, 034. That Report, it ap t.tris, was firfi publifhed in a pamphlet, intituled, w fj Anfwer to a printed Paper called A Concife Statenwnt et Feat." The Committee obferve that this pamphlet waspublithed by Mr. Benlamill Tucker, who Rated to the Committee that he did publilh it by the advice of Lord St. Vincent, and with the concur rence of his Lordthip, (to whom he had (hewn a ma-' nufcript draft of it before it was publifhed) for the foie purpofe of doing away impreilions that had been made on the public mind againft the Admiralty Board, by the circulation of that printed Paper, intituled, “ A Concife Statement of Fafts," and attributed to Sir Home Popham. The Committee Rate that feveral of the documents Ind vouchers on which the Report of the Navy Board relative to Sir Home Popham was framed have been loft at :1 ^now 7 , 070 & produced, but that there is rte evidence coals: warrant a conclufion that they were fur reptitioully rtmoved or wilftilly dellroyed for any im proper porpoir. . The nest head of inquiry is the eircumllances xe lating to the impreffins of Mr. David Ewen Bartho lomew. Snot, after the return of the Romney to Engl 4nd, Mr. 13artholomew; with the permiffion of the Admi ralty, repaired to London, in order to pafs the exami nation which every officer mull pafs befcre he can ob tain the tituation of a Lieutenant. During the ab fence of Mr. Bartholomew from the Romney on this occafton. Sir Home Popham received orders from Sir Evan Nepean that as (non as the Cook of the Chip lhould be paid off, he was to fend any man that might be remaining on board her to the flag (hip at the Nore." In obedience to this letter, Sir Home Pop ham did turn over to the flag !hip all the feamen re maining on board the Romney, when the Cook (who, by die ufage of the Navy, is the Taft perfon paid when one of his %Jelly's (hips is put out of commiffion)had received his wages. But Sir Home Popham, fuppof ing that the above order did not extend to the Mal. ter's Mate or to any of the Petty Officers or Midfhip men, confequently did not infert into the lifts of the perfons turned over to the flag (hip the names of Mr. Bartholomew and eighteen others, all of whom he al lowed to go on (bore or to difpofe of themfelves on board other (hips as they might think proper. The circumftances that followed are too important to al low of their being curtailed ; we (hall therefore give them as they appear in the Report of the Committee: " Your Committee find chat Sir Home Popham's condud in not conforming to this inftrudion,by not turning over the Matter's mate or any of the Petty Officers or Midthipmen, was never found faith with, or in any manner not iced as an irregularity or nested of duty by the Board of Admiralty, the Admiral commanding the ttazion to which the flag thip at the Nore belonged, or the Offices commanillog that gag fhip itfelf—nor does It appear to your Cont. mittee that any order was ever iffued in eonfequence of his con. dud in this particular. requiring any of the Petty Officers or Mid thiprren to re; air to eke flag thip at the Non, or to any other vet% fel le his Majcity's fervice. " Under thefe eircumftanees Mr. Bartholomew appears to have eontidered himfelf, and to have been confidered by Sir Home Pup. ham, and alto by the Officer by whom he was paid off at Chatham, as difcharged from the Romney, and as not belonging to any other Ihip; and your Committee find that he conftantly continued on gt.-re. and was principally refident with his wife and family at Chatham, from the time of his having paired the examination which qualified him to obtaio a Lieutenancy until the time of his being ized by a profs gang, during the whole of which period he . was auxiottily engaged in (eliciting his friends, as well as the Earl of St. Vincent, with the hope of obtaining a I.icutenant's commit . - fion and of being employed in aelual "In the mark of that period, which exceeded the (pace of fix months,•Mr. Bartholomew addreffed nine let!ers to the Earl of St. Vincent. In the Brit of thefe, dated the 16th of June, tgot, he (fates his fenders from the year t 744, and folicits promotion in very relpedful terms; and in reply, he is informed that his Lord. flip. recommends his offering Ws Cervices to one of the Captains fitting for lea. " In his fecond letter, dated the 27th of July, 1803, Mr. Bar tholomew inclofes two letters from two 4of the Captains wider whom he had frrved, adding, " that he could procure " tettinto " Mats from Admiral M•Dowal and Sir Monte Popham, but that it would be trefpalUng on Lord St. Vincent's time," and he re news his application for promotion in refpetlfut terms. In reply to ttdeletter, he is told by one from Mr. Parker, the Private Se cretary to 1:onl St. Vincent, that " there can be no promotion, " while their are rsoo Lieutenants fecleng employment." la his third letter, dated September 9th, ao3, Mi. Bartho lomew acknowledges the receipt of both the anfwers above.men tioned, and " offers to fern without pay, or other emottiment, " trolling, Bould his eondudt meet approval, to receive rank " from the date of his patting his examination for a Lieutenancy." " In reply, Lord St. Vincent's Private Secretary informs hint, " that his Lordfhip cannot enter into any engagement of the us " tore pointed out" by the foregoing letter. a Shortly after the receipt of this left-mentioned reply from Mr. Parker, Mr. Bartholomew appeart to have written a letter to a private friend in London, lamenting the difappointment of his hopes on this and former octagons at tome length ; and this let ter, which he Oates to have been put into the Poft Office at Chat ham, addrelied to a Mr. Mafon,the friend for whom it was inten • ded, your Committee find was afterward, forwarded under covet by the twopenny poll to the Earl St. Vincent, with a few sunny mous lines to Hs Lordthip, which appear to be written in a diffe rent hard-writing. but whether this letter wan fo forwarded by Mr. Mafon, or by any other perfon, with the hope of inters ling the feelings of Lord St. Vincent in favour of Mr. Bartholomew, or from any other motive, your Conunitwe have not thought it of futffelent important! to enquire. " After an interval of two months from the date of Mr. Barth!. lothew's third letter to Lord St. Vioeent, he appears to have re newed his (alienations to his Lordfhip in a fourth letter, dated the yth of November, iBo3, in which be refers to his former letters, eating his Cervices mid pretentious. and requetting in very refpedl fur ttrns " that his cafe may be taken into eonfideration." " The reply to this lalt.nantioned letter appears to have been only an acknowledgment that it had been received; and on the aoth of the fame month he appears in confequence to have edam& fed another fitter to Lord St. Vincent, acknowledging the receipt of that reply, and expreffing his hopes," that not one iota of his for. " mer applicatiens bad been deemed prefumptunus." In this let ter he proceeds to fay, " My fervice in the Marine precludes nty " aid to the country in other departments, and I need Pot de , " fcribc to your Lordthip my feelings in being at this jutiaure at , " ceffitated to embark in another line than that of the ferrite of " the nation. No conEderation would have induced me to have " thus troubled your Lordfbip, but a fence of duty to my country, " and I truß your Lordikip a goodnefs will exude my freedom, " and gruit me your fupport." "To this La-mentioned letter your Committee do not find any reply to have been made; but from a memorandum made on this letter, ch I from other uridence, it appears that an inquiry into Ids Stuation W 34 made after the letter was received, of the Marine Clerk, and that in anfwer to that impilry, the Marine Clerk Rated him to be a Midfhipman. " Mr. Bartholomew not having received any teply to his letter of the 20th Nov. addreffed another fhort letter to Lotd St. Vincent on the 27th of that month, in which he lays," That having had the " honour of foliating his l.ordlhip'a patronage, be begs to know " whether the fiatement of his fcrvices merited bis notice." On a corner of this letter a memorandum appears in the following words t. " Nu aufwer;" and your Committee Soil that Mr.Bartflotantur,oa the 4th Dec ao3, again addr..ffed a few lines to Lord St. Vio -1 cent, by which he referred to his letter of the 27th of November, adding, that he doubted not that more important matters of State " prevented his having an anfwer, and that he Battered himfelf his " real to term his Country would cilium his Lonlhip`a patronage " and protedion. No anfwer having been returned to this loft mentioned letter, Mr. Bartholotrew, on the Bth of December, again addreffed a Resort letter to Lord St. Vincent, in which, after Rating that he had foli ated his Lordihip's aid, he addr, " If yonr Lortifhip will deign to " fay No. I (hail no. ;lulu= to trouble you any more; If Yes, I " fhall anticipate the *afore of difeharging a duty and croft equally " fatisfadlory to my patron, and fervieeable to the nation, as eredi. " table to inyfal." To this la R.int.suioned letter an anfwcr was tranfmitted by Mr. Parker, hating that be bad been diredtcd to acknowledge the acipt of it, and requefting Mr. Bartholomew to call upon hint at the Admiralty any morning after eleven, cecept the following morning. On the receipt of that anfwrr, which appears to have been addreffed to hint at Chatham, Mr. Bartholomew let out ow London; and on the tsth day of December, 1803, waited on Mr. Parker, and had an interview wish kiln at the Admiralty, in the eourfe of which a cooSerfatiee paled, when Mr. Parker Rates " that he informed Mr. Bartholomew that there were isoo " Lieutenant, out of employ, that there was no promotion going " on, but for brilliant ferrices, and that it was impollible Ise " fkold be promoted erupt bulimia ,Rive fervice," and Mr.Par her adds, " that Mr. Bartboloinew raid it was very hard, and " Rated [corral of his Cervices, very refpircifully ceetainly at fiat; * but that he at length declared. he had way to promotion, " ha had other views ; meaning, u Mr. Parker underftood, the " Merchant Service " Mr. Parker timber fides (In hie acecont of tEis eotiverfadon given before qta Connktre , , " that Mr. 13a:thulomew did not " fay tbs Madan lam* but that be fold 11‘; had ether views Di • " and &add employ Itimfelf in another way," awl that on being told by Mr. Parker a that his belt way was to offer himfeif to " tome Captain, and that there was no doubt he would have pro " motion in due courfe, Mr Bartholomew Paid he would do no " fuch !bin, and went away evidently in a pet."...To the general pnroort attns eonverfatinn, as ft ttcd by Mr. Parker, Mr. Bartho lomew adds, that Mr. Parker informed him Lord St. Vincent had received all his letters; that his l.ordibip highly applauded hie eon clod and zeal for the ferviee, and the manner in which he had writ ten his letters, but 11111 that Lord St. Vincent was difpleafel at his urging him fo much on the fabled, and that if he would embark again In another (hip, be ( Mr. Parker), was induced to think his Lordthip would not forget him; and that Mr Parker relied hint to go on fo reign fervice. Mr. Bartholomew alto addc, that be told Mr. Pear r be felt himfelf hurt in being fent for to receive information that might have been communicated by letter; and that he thinas he Paid to Mr. Parker that he was unable to be at the expance of coming to town to receive that information. " After this iota view with Mr. Parker, Mr. Bartholomew ap pears to have gone from the Admiralty to the Golden Crofa at Charing Crofs, and then to have addreifed the following letter to Lord St. Vincent: " Coklen Crofs, Charing Crofs, Dec. t 6, "My Lord—ln obedience to your Lordibip's dire .ions, " waited on Mr. Parker, for what purpofe I am yet to !tarn ; and a my rerolutlon is fixed to 14y my fervices and various applica " tions before an impartial public, who will then judge what " they are to capeet, if they embark their children Into the Navy a without intereft. I have the honour to be, with due refpeet , " My Lord, your Lordlh p's molt abed!. nt and very bumble fen. " vant, (Signed) D. E. BARTHOLOMEW." " Earl St. Vincent." Soon after the receipt of this letter, which Mr. Bartholomew lays he wrote in the heat of paffion, adding, that he ha+ Once been and Rill is lorry for hating written it, Mr. Parker, Ay Me order of tie Berl 1 St. rotund, on the fame day, addreffcd the following letter to Captain Richbell, the Regulating Captain of the Prefrgang at Tower-hill : ' " Silt tranfmit the bit of eight letters from a perfon named D. E.: Bartboloniew, who appears to have paired in June lan, L but declines ferving without promotion. The letters are writ " ten in rather a fuperior ftyle, but in a prefuming tone, and " loped St. Vincent thinks the gentleman's addrefs will be more properly depofited with you ; on the other fide you will End the " different refidenece of this perfonage, according to hi. letter..— '• I have the honour to be, Sir, your molt obedient and hamble fer " cant, (Signed) GEO. PARKER." . . " 4dmiralty, 26th Dee. i g 03." • Mr. D. E. Bartholomew, lait of the (=olden Cron;, Charing 4 C-ofs, but the letters were principally direara from No. si t " Prince's-row, Pimlico, and No. s, Whitaker's.row, New Road. " Chatham." " After this letter wag written, it appears to your Committee that it was commuaie iced to Admiral Markham, then one of the Lords of the Admiralty, and that Admiral Markham wrote the memorandum now appearing on the top of the letter, in the fol lowing words : " Di. Ate is r e—The undermentioned appears to be a proper fubjen for you. Your's traly. (Signed) J. M." " send him to the Nore as loon as you catch him." On the receipt of this letter, which Captain Riehbell anderßoods and which Admiral Marfiliarn and Mr. Parker avow to have been in:ended as an order to imprefs Mr. Bartholomew, Captain Rich bell gave direttiona to Lieutenant Dunham, who commanded a pptefs•garg, to take that meafure, defiling him not to let Mr. Bartholomew flip through his fingeri; and adding, that it would be a feather in his cap if he caught him. In obedience to there orders, Mr. Dunham having on the fame day proceeded to the Admiralty, fent we of his Midfhipmcn to inquire for Mr. Bartholomew at the Golden-Crofs,Charing-Crofs, and not fir.ding him there, the fame Miclifilpraan was fent b..- Lieutenant Dunham to Mr. Bartholomew's lodgings in Pimlico, and being introduced by a Lady who came to the door. he inform ed Mr. Bartholomew that be was an Admiralty Melfenger, fent to defire his attendance at the Admiralty. This information, the Midihipman Rates to have been an invention of his own, for the purpofe of procuring his attendance, in order that be might he fazed by the prefs-gang,•Ao remained at the Admiralty, and Mr. Bartholomew having immediately followed him to that place, was accordingly impreired by Lieutenant Dunham in the Hall of the Admiralty, and was thence condu!led through the Meets to the boat, which waited at Whitehall Rain, attended by lieutenant Dunham and his gang, two of whom held him under the arms as , they proceeded to the ho?t. if; complaints made by Mr. Bartholomew of this proceeding at the time it took place, though Ratted in the evidence, your Com mittee do not think it neceffary particularly to notice in their Re port ; but your Committee hare thought it their duty to Inquire whether any precedent could be adduced of a finailar proceeding in broiler eireumftances, and whether it was conformable to the nfage of the Navy, or in any, and what degree, a violation of that ufage, or likely to be injurious to his Majefty's fervice; and en there points revere! Naval Officers have been examined, to whofe WU mony, as it appears in the Appendix of thh Report, your Com mittee are defirous of calling the attention of the Houfe. From this teßminony it does not appear to your Committee that any cafe which can be called a precedent for this proceeding has been brought to fupport it, and on the quellions, whether it ought, pr ought not, to be deemed a violation of the ureic of the Navy, or likely, to be injurious to his Majeft fervice, your Committee find it to be the concurring opinion of three Naval Officers, namely, Admiral Berkeley, and Captains Cardin and Winthrop, which opinion, however, is °proofed by thofe of Admiral Markham and Captain Richbell, that the impreffing of Mr. Bartholomew was nut a violation of the ufage of the Navy; Admiral Berkeley in particular, (peaking of it as a molt arbitrary and violent aet, that molt difguft all young men who have nothing bat their merits to recommend them, and likely therefore to be highly injurious to his Majefty's ferviee. From the teftimony of Ad miral Markham, on the other band, the impreiffng of Mr. Bartholomew appears, in his opinion,to have been write:UT jullifiable ; and Admiral Markham declares, that though he does not recollect any int:once of imprefling a perfon who bad been a Midfhipman or Maftcr's Mate, and had paffed the examination required for obtaining a Lieutenant's Commit,. Son. yet that he would have impreffed five hundred men in cir cimitances &niter to thole of Mr. Bartholomew. Admiral Mark ham further Sates, that Mr. Bartholomew, whom he hitufdf had not previoufty ken, was reprefented to hint by Mr. Parker and fame of the Mariners, twhaec the appearance of a Boatfwain and on Ms perfonal appearance and origlnalfituation in life, as well as on a moclution which Admiral Markham declares be drew from one of Mr. Bartholomew's li:iterate Lord St. Vincent, that he to. tended to go into the merchant fervice,Adtnbal Markham appears Ita have founded his opinion that it was perfedlyfultifiable to int. refs Mr. Bartholomew. Upon the laft point, however, your Committee °blurs, that the only letter from Mr. Barth olomew to Lord St Vincent, which could have led to any coodaiton that he Intended to go In to the merchant krvice. is that bearing date cite aoth of November, 1803, which was Written at Chatham, be fete Mr Bartholomew was dared by Lord St. Vincent's coders to come to Landon for tbe porpofe of calling on Mr. Parker at the Adml saky, tind•cannot therefore be confokred as the auk of kis bdng Impededimp ddatthedilanceofnearlyamonthafteritwaswritten,wlth. out fuppofing that Lord St. Vincent direeted him to be requeftcd to come from Chatham to London fur that particular purport which your Committee do not fee the trait ground to belleve. And with rofped to Mr. Bartholomew's original fatuatlon In life, and perfonal appearance. even if thole eircuroftances could with pro. priety be deemed any ground for adopting a proceeding towards I him, which would not be warranted by the ofage of the Nary to- wards other perfons who had held the fame rank in the ferrice, your Committee obferve, that Mr Bartholomew appears by the evidence to he a man of reputable education and connedtions; and judging by the teftimony of Lieutenant Durham and Mr. Lill, as well as by their own obf•mition, when Mr. Bartholomew was examined before them, your Committee cannot concur in de kribing his appearance tube at all like that of a Boadwain or any tech inferior Officer. Your Cormulttee think themfelves bound to obferve, that it does not appear to them that the order for irapreffing Mr. David Ewen Bartholomew spa ma with any view of fuppreffing or influenc ing the evidence that he might be able to give on any of the mat • tots then under the confide/aka of the Board of Admiralty or the Navy Board, which have b ee n fines referred to your Com mitten The dogs from Botany Bay appear the moR na turally ferocious of any yet feu,. They are vet) , large, as well as favage. One that was bringing over a little time ago broke from a Brong chain that held him in the Ihip, and getting among the live- Rock, he killed fo many of them, and fo quickly, that he was obliged at IA to be killed hinsfelf. LAW II477IL'.IGENCE. SHERIFF'S COURT, JULY x 7. • same v. TROTTSIL. This was an inquiry before the Secondary Judg• ment on the aelion having been faltered to go by de fault in the Common Pleas) at the !hit of Mr. Sharpe, an eminent }herald painter, againft Alexander Trot ter, Efq. for the recovery of twenty guineas, for a fplendid painting on vellum of the armorial bear ings of the defendant. It appeared in evidence that in or about the beginning of 041ober latt, the De• fendant bad applied to the plaintiff for a painting of his arms, creft, mantling. &c. ; and had given the moil particular and critical int] ritzlions relative to tl e Ilyle of the execution, which he wis e d to b e i n t h e true antique tafte. Many communications had taken place on this important fubjett, and fo ertuvt did the defendant's attention appear to be •direfted to the creft, in particular, which is a 7 toting iforA that the Plaintiff, in the doubt of being able to &tidy his precife notions of excellence, had been induced to propole to him to obtain fpecimens of the Trott* liorfi from Come art . & who had made the anatomy of the bode his particular Rudy, and menti,neti the dit• tinguifhed names of Gilpin and &mar. To this the Defendant objedted ; alledging, th at w h at e i t h er o f thofe ;mitts Mould produce he. would not approve I The tafte of the Plaintiff, therefore, under the De fendant's particular cognizance, was deemed fulficient to produce the required effc.A. In confequence, Cc veral drawing s of the Trolling Horfe were, at different times, fubmitted to the Defendant, who chofe from them one which fhould the Plaintiff's example in the work. After a troublefome correfpondence, the work had been executed to the apparent approbation of the Defendant ; but he refuted to remunerate the artift to the extent of his moderate demand. Several Gentlemen from the Herald's College, and tome ingenious artifts, appeared to heir teftimony to the value of the work, as well as to the Plaintiff's ability in his particular art, and general honourable chataaer.—Verdid for Plaintiff to the full amount. COURT OF KING'S BENCH, JULY 17. JOSEPH SIMPSON V. RICHARD DAVIS. This was an aaion on a Bill of Exchange, dated 27th of September, 1804, at two months, for 1671. Bs. A former caufe between the fame parties, and on the fame bill, had been tried, when the Plain. tiff was non-foited. On the motion of Mr. ERSK int, in Term, the non fuit was fet afide, and a new trial was granted, which came on now to be heard. Mr. EIIIKIN a, for the Plaintiff, laid, that in the pre. ceding caufe, a perfon of the name of Robert Wal. lace had been called, whole teftimony alone difap. pointed the juff pretenfions of his client. He fur poled that perfan was now prefent ; and therefore, left be should fquare his teltimony in the purpofes of the defence, he thould only prove the bill, and re. ferve his comments fora future Rage, if they fhould be necefftry. R. Blythe proved the hand writing of the Defea• dant, who was the acceptor. Mr. acceptor. Paw, for the Defendant, raid, that his client had no more to do with the refpanfiloility in this tranfaiffion than any individual on the Jury. His fire objett would be to Phew, that the Defendant was us acceptor withont confideration; and, next, that the Plaintiff was Co far implicated in the affair, either u partner with Wallace, or as cognizant of what Wel. lace did, that he could eftablifh no claim on the De. fendant. Wallace would prove, that, for the bill i* queftion, the Defendant had no fuch confideratien ; and, further, that the Plaintiff was made acquainted with the condition on which the acceptance was ob tained ; viz. that Wallace, the drawer, should pro. vide for it at the time of its maturity. Robert Wallace depofed, that he was a partner with the Plaintiff in Come of his concerns ; that he procured this acceptance, und e r a prom ife to the Defendant of hipplyirg him with funds for the dif charge of the bill. He added, that he met the Plain tiff at Carl& in December, 1804, and acquainted him with the terms on which the name of the drawee was obtained for the bill. Lord Etismsottouou raid, the Plaintiff reteived this bill from Wallace, as part payment on the gene ral tranfaftions between the Plaintiff and Wallace, • as his agent. In point of law he was entitled to the money, although k was to be regretted that the De. fendant had rendered himfelf liable by hia indifcreet confidence.—Verdid for the Plaintiff, principal and Mural, 1751. AIM in •Atol BRAT. This aEtion was brought for the (urn of 271. the value Rated for a coach-horfe fold to the Defendant. Mr. &SKINS, for the former, laid, tha: thi; horfe was fold under a warrantry; and that fourteen or fifteen days after the file, the bode was returned with the following letter— .. Str—The hay coach gelding I bought of you Lft week, proves to be glandered, therefore I have roamed Mm; and as I am told leo knew of the diftemper, I am furprtkd you fold me a horfe Lifoch a State. (Signed) " AARON BRAY." The Learned Countel laid, the bell anfwer to loch an allegation was, that the horfe was at the door of Guildhall, in perk& health, for the glanders was an incurable complaint, and was attended with almolt immediate death. It wa, true, that the horfe had a fort of cold, which was fometin2es called the ftran. ries, but at the time of the warrantry, the Defen dant was ditlinftly made acquainted with the diforder. After Several witne&s bad been called, Mr. Richard Marfden Grid the horfe bad been fob jet to a confiderable difcharge of maim from tld firangles—he never knew a glandered horfe recover. Mr. Coleman laid, that the Ilrangles was the in. &minion of a gland in the Centre of the throat, which commonly terminates in fuppuration, and with tome difcharge from the noßril,. The glanders was an infettions difeafe, but not always brought on by contagion. It was more frequently occafioned by a foul atmorphere in the (fable, than by contagion.— There were two fpecies 'f the glanders ; the one was an acute diteafe, which affeßed the conllitution of the animal generally, and was not abfolutely incurable; he had known tome few inflances of recovery. The chronic glanders did not direelly ace the nollrils, although they were the channels of the difcharge, yet the teat of corruption was in the cavities of the head. This (pecks of the diforder was both contagious and - incurable. He had accidente4 t ee n th e ii or f c time of tale ; he then hid an ulcer on the r tome of the abforbents were confiderabl) added to that, the glands were fchirrous. The Plaintiff was nontuitcd. coronet, and 17 enlarged; ME