Star. — London, England, 1827-07-23 00:00:00

SPORTING INTELLIGENCE. PRESTON RA CES—Conc Lynes. Sweepstakes of 100 sows. each, b. R. mg. Clifton's b. c. Fylde . walked over Two paid. sooty Pounds for all ages ; three yr olds, 6st. 10Ib. four, est. gib. Am set. 1001. six, and aged, 9st. Mares, &c. allowed 31b.— w inners, extra. Heats, two miles and a distance. E t . Thompson 's br. g. Orthodox, 5 yrs Ik. Ottani ch. h. Mr. Munn, 5 yrs ▪ W. Wynne's ch. f. Lathe, 4 yrs • br. c. Cestus, 4 yrs • STA M FORD 'RAC ES--Conctaroars A Sweepstakes of 50 sees. each, for three yr old fillies, was won 1 1 Lord Elder's eh. f. by Soothsayer, beating the Duke of Graf we s Chlorin. A Sweepstakes of soya. and It) added, was woo by Mr. Bird's v,i a dty, in two heats, beating two others. lard Exeter's Plate of .C5O was won in three beats, by Lord tonber's Abigail, beating Lord Exeter's Hobgoblin (who won Ist kst beat, and bolted in the second), and Mr. Pedgrift's Mildew. 1 I 2 2 4 5 5 dr WINCHESTER RACES, Jute 20. A Cop of 109 sous. value, or upwards, by subscription of 10 sous. ma—if less than Ten Subscribers to be run for as a Sweep stakes. Mares, &c. allowed 31b. Three yr olds 7st. four, Bst. Sp. 6w , ast. 111 b. six, 9st. and aged, 9st. Sib . La s t ' mile and half. x f . Moldonia, 4 yrs waked over 7k Noblemen sod Gentlemen's Plate was not run for. Tk &stern Stakes of 5 sues. each, with 25 added by the Steward, gm( walked over for. Three yr olds, 7st. four, Sit. alb. five, Su. tlb. six, Bst. 121 b. and aged, 9st. Mares, Br.c. allowed 31b. Wan, a mile and a bait. Ally's Conquest, 5 yts walked over ENNIS RACES.—Ftssr Dar. ingetsid Stakes, d'io each, and •eso added by the Right Hon. W. V. Fitzgerald. • Lord Sigu:i I. by Was; • 1 pr. •Rs 11 Blake e. Bob Booty . - - 2 yr. Dalsoo's e. by Langan . . 5 . . yr.Croker's Paragon . . 4 Three others not placed. Gold Cup given by the Right Hen. W. V. Fitzgerald, 10 eon. each, and 100 soya. added. yr. Blake's Demian Delacy . ...-----. Napoleon . . yr. 0 . 6. Alabun's brethar to Bohmlee yr. Macnamara's !Regent, f. . 1 1 3 1 2 dr bolted KELSO MEETING—Jacr 19. Produce Stakes of 50ss. each, b. ft. for three yr olds; colts, t•••• 31b. filles, Bst. Two _ _ Mr. Baird's b. e. Dominic Stelp . 1 . . . Mr. Takton's f. by Whisker . 2 . A pod race. Three paid. Whisker filly the favourite at start. tII-2 to I on Dornitsie Shell) in running. A Sr:eel:makes of 100 sows each, h. f. for three yr *ids; colta, let. 51b. fillies, bit. Mile and a half. Mr. &ids b. c. The Corsair . . . I Su W. Slaxwell's gr. it. Scotch Thistle . . A good race. Four paid. Even betting. PLYMOUTH REGATTA. Thursday, at eleven o'clock, when the signal gun fired, the Hoe uncrowded with people In carriages, on horseback, sad on foot, addle shore and heights as far as the eye could reach, presented as equally gay and bustling spectacle, and the river was almost covered with vessels of all sizes and descriptionasi amongst which merit steamers ploughed their way. A Gold Cup,value 50 guineas, ;On by the Doke of Clarence, for tassels above 75 tons, wasmon by the Mend, 163 tons, T. A. Smith, Esq. beating the Harrow sad Harriet. The distanee, 95 miles, was performed in two hours. A secund match, for a silver sue, to the first and second vessels, was won by the Elizabeth, of 65 tons, T. Moore, Esq. and the niziberb, 12 tons, Earl of Darnley. A Silver Cup, for vessels not rum* 50 tow, was won by the Betsey, Is tons, J. H. Ward, Lq. Nine started. A purse of 50 sous. for trawlers, by twelve *nth, was won. by the Neatly, 41 tons, S. Lane. There was an other race, between four-oared gigs, for 10 Imes. Nottwictr, JULY 21.—Our annual regatta, or water frtac, was held on Monday last, when the weather proving very mactive, a vast wumbeP of pleasure boats and whet ries, SUed sib respectable company, proceeded to the beautiful waters of haydon, to enjoy the pleasures of the day. The Mare', W. Lau, Esq. with a numerous party of friends were on board a Merry fitted up for the occasion, attended by the Band of the stwsuth Yeomanry Cavalry, and the Band of the East Norfolk Hins, with music legend variety on board almost every craft, aided each to enliven the pleasing spectacle. About two o'clock a hadsome silver cup was sailed for by pleasure boats, which was as by the Leverett, Gamble beati ng th e U n i on , B arber ; Paul Pry, Booker; Coriander, Holmes; eanytned!, Teasdell ; Au. pea, Harvey; Ariel, Mann; Vixen, Tuck; and Shannon, Last. Oa the return of the company in the evening, the banks of the OM were lined with spectators, and shortly after a silver cup was rowed for by three four.oared gigs, which was won by the Parhina, ism hoar, belonging to Yarmouth. The lovers of aquatic sports hai another day's amusement on Tuesday, when a silver cup, essally given by Mr. Symonds, the Proprietor of Vauxhall Gardens, was sailed for by the Leverett, Gamble Paul Pry, bother ; Coriander, Holmes ' • Belvidere, Bo th ell ; Ganymede, Tusdell ; Th et i s , Harvey Ariel, Mann ; Shannon, Last ; and yes is good style by Paul Pry. Both days passed o f without the hat accident. Vauxhall Gardens were brilliantly illuminated on Mosby and Tuesday evenings, and the company assembled there funded any fanner year. Lon Xt. Yr. yr. Gad Ur. I Mr. t Nr. I Prod Mr. Mr. A ttg— A S Mr. By ' vas r is cam Prier 4irit by II 'ad Au Wl' tzar 'I N fide *lt tar Lit aM tua )1111 a ea Prll at lan rem air w. Gin tot Try wa s Na iia Irr sit et ?" w Po B It K It i 5, THE MARKETS. CORN EXCHANGE, MARK-LANE, 'st i r i 3. Out stipples of all deseriptioss of Grain to this day's market were vessuilly small: still we were exceedingly dull, but superine &napless( Wheat must be quoted at the same prices as on this day 11'111104 English Barley is nominal, there being none at market ; but foreign is heavy sale at the price of last Monday. Beane and P. , * a both kinds, although dull sale, continue to sell at the prices eir this clay week; and Oat, sell tolerably well at last Monday's pried, the arrival being rather small. In other articles there is no petition. Wheat, Kent & Yawl, 50s 661 Peas, Grey fez 4la Suffolk, 50164 s Beans, SmaU 38s 404 Norfolk, 50s as Tick 36. 36. Eye 52s Ms Oats, Potatoe ass 34s Bariey 30. 34 s Poland 26$ 32s Bak 606 64s Feed 221 24s White 35s 33 5 Flour, per sack, .50s. 651. Boikrs 40 4 46 1 Rapesee4 201 99s per LW: INNIXTAIIONS LAST WIZI4 lint, English quarters 2,661 Beans, qrs. 209 Fureign 1,564 Foreign Beans 14 7. British 4 Peas 46 rip Barley 584 Foreign Oats 10,907 „ 3141 , Plinth 2,696 English Flout, sacks 4,091 499 Foreign do. barrels 1,477 SMITHFIELD MARKET, JOLT 23. Dore is little to notice in the Beef trade this morning, the best Lots fetching friday** price. Mutton remains likewise nearly as to last market-day. In Veal prime young Calves are worth ss. 44. to 3s. ad. per stone; and larger Calves are 4s. 6d. to Si. per stone. In Lamb there is not much doing, the best young Meat Is about ss. 6d. to ss. lad. per stene. Pork is quoted at Sa. to .ss. 4d. par Nome for dairpfed Porkers • and ss. ed. to 4s. 24. per stone for constr.-B e a s t s , 2,060 Beef, per stout, 4s. to ss. Slseep, 96,10 ; Pigs,l4o; Calves. 250 ' M 6 utton, 4s. to 4s. 10d. Veal, Ss. 1 051.14 Perk 4s. t o S s . 4d. Lamb, 44. 6d. to ss. lid.-Hay, pre bed, set 51. to .46 ; Clover, ,94 153. to ,t 7; Straw, £2 to ,62 Ss. LIVERPOOL, JULY 21. eotrox invert this week is 25,970 bars and the min and 15,340 bags, at somewhat lower rates for inferior Anse- T au ; but higher prices have been given for Brazils, and fully, id. *ante for Sea Islands.-Advices from New York of 234 Juno, sn advance in the price of Upland, via- to 11d. which en * 4 Jae last had been quoted Sold. to told. but a decline its the re '','"to of Exchange. viz 10d. which on 6th June had been told. '4&C.-iiritish Plantation Sugar has again advanced in price, ▪ 701 khd• have been se'd at Is. to is. 6d. per cwt. above last '" t , hisotations. Dry Browns are scarce, and not to be bad under ( ... I ,tboot 200 bags E ast I n di a have b een taken at full prices. A e▪ ats Para Cocoa have been sold at 348. and 250 bags Barbadoes valet St 445. to 481. We raise our quotations of Jamaica Coffee 2sr r o t tot. at which advance 100428 k, have Demur/deposed of; and fof b , c al , Demerara )lelasses as high as 30s. has been given. 0. tie sales have been 70 tierces fair Carolina at 60s. to 20s. 6d. a ll% bags of Eat India at 170.3 d. to 174. 6sl. per cwt. onsaoss.-Dry Bunters continue to improve, and dining the '4*k .• there has beta, fair business done in them ; Cork Pickled "tills h ave been more in request. The transactions in Beef have heve pr incipally otiktell to ship stores. Pork dun. Bacon is a Imptoving. LAW INTELLIGENCE. COURT OF CHANCERY, Jinx!l6 IN BANKRUPTCY. Mr. Lower moved, in COns;ct;enCe of the permission given to him on Thursday for that purpose by the Lord "Chancellor, that the Solicitor under a com Mission should be compelled to enrol the proceedings which it had be- come necessary to give in evidence on the trial of a cause, and which without such enrolment could .not be received. The LORD CHANCELLOR asked if notice bad been served on the assignees? Mr. LOVAT said, that notice had been served on the solicitor who had the care of the proceedings, and an offer made to him to pay the expenses of the enrolment; but owing to the urgency of the affair, the cause being to be tried at the assizes, the assignees. who lived in the c )untry, had not been served. Some further discussion took place, in the course of which doubts were thrown out whether the Lore Chancellor had the power. under the words of the Act, to direct this proceeding, which the Act has declared must be complied with before the commission or the proof of the bankruptcy can be re ceived in any court of law. The LORD CHANCELLOR at length said he would con sider the matter further, and in the mean time directed service of the petition on the assignees. In another bankruptcy, the name of which was not mentioned, • _ _ _ _ _ Mr. Moorroou appeared and complained to the Chan cellor of the practice which prevailed in the Bankrupt office, of compelling bankrupts to surrender to their commissions, although the whole of the creditors had consented that the commission should be superseded. He appeared in the prevent instance pn a petition pre ferred by a bankrupt whose commission hod been su perseded under these circumstances, and yet, although all his creditors had consented, he was called upon at the Bankrupt office to go through the form of surren dering. The Counsel argued strongly against the le gality of this practice, and cited a case in the second volume of " Glyn and Jameson's Bankrupt Cases," (es parte Mitchell), in which it had been decided by the late Lord Chancellor, that the commission was only a civil process, and that if it should be by any means superseded, there was no more power to compel the bankrupt to surrender to i; than there was justice in such a proceeding. The Loan CHANCELLOR said he would inquire into the matter, and give the necessary directions. At pre sent, however, be thought the practice in this respect, as complained of by the Counsel, could not be justified. IN RE LORD PORTSMOUTH. Mr. HEALD applied for the purpose of having a pe tition in this matter advanced in the paper, so that it might be the sooner disposed of. Lord Portsmouth held a lease for three lives of certain tithes. Two of those lives had dropped, and the third had reached the advanced age of 95 years. It was therefore obviously very advisable that a renewal should be obtained as soon as possible, its order to protect the interests of the lunatic against the loss which must be sustained in case of the lapse rf the remaining life. A reference had been made to the Master, who reported that the renewal ought to be obtained ; and the only question which the Court would have to decide was, out of what fund the renewal fine should be paid ? Under these circumstances, he hoped the Court would sea nothing unreasonable in his asking to have the petition taken out of its turn. Mr. SKIRROW said that the life alluded to bad at tained only 43, instead of 95 years, and that there was no reason why the petition should be advanced. The LORD CHANCELLOR thought otherwise, and that the case was of such a nature as required it to be imme diately disposed of. He therefore directed it to come on on Monday neat. DOWNIZ AND NAGNALL. Mr. MERIVALS applied in this cause for an order of reference to the Master to approve of a settlement to be made on the marriage of a young Lady who was a ward of the Court. The mother and the guardians of the Lady consented, and there were pressing circumstances which rendered it advisable that the marriage should take place with as little delay as possible. Toe order was accordingly granted as prayed. MARSH AND CO.'S BANKRUPTCY. The motion for the new trial of an issue in this mat ter was fixed fat Monday, when Mr. Sergeant 13osurr gUaT and Mr. Pou.ocx are to attend to argue. At the rising of the Court Mr. Cum; moved for the usual order, that a Gentleman who had mat ried a ward of the Court without permission shou9 be summoned to attend his Lordship. The parties had been traced to Dover, but whither afterwards was not known, although it was supposed they were in Fiance. The Loan CHANCILLOR ordered the parties to mend him on Tuesday. VICE CHANCELLOR'S COURT, JOLT 21. The VICE CHANCELLOR, on being applied to to make an order in a certain cause, declared that he would never make any orders, even of course, without having read the papers. He had reasons for adopting this plan; but at the same time he begged it to be understood, that if papers were handed up to him at night, he would read them before morning, and make the necessary orders in the causes. MILBURN V. CODD. This was a case in which the plaintiff, a shareholder in, and solicitor to, the London Carrier Company, had filed a bill against the defendant Codd, banker to the Company, and other persons, to compel them to ac count for money which they had received from the sale of the stock in trade of the Company. The defendant Codd demurred, and the case now came on upon the demurrer. Mr. LOVA? was heard for the defendant, and in sup port of the demurrer. The plaintiff Milburn bad filed a bill against several shareholders in a Joint Stock Corn pany called the London Carrier Company, praying, among other things, for an account ; for an injunction against all the other members of the Company from te• ceiving any money due to the concern; and, in any event, that he (Mr. Milburn) might be paid for the professional business which be had done for the Com pany in preparing the deed of settlement and other matters. The bill recited this deed of settlement, but he (Mr. Lovat) would only trouble the Court with one or two of its provisos. One clause declared that the partnership should be carried on for the term of 99 years, or until it was dissolved under certain powe rs, afterwards expressel. The second clause to which he would call the attention of ttre Court was, that all debts, liabilities, and engagements incurred by the Company ince the 6th of May, 1826, together with the expense. of the deed of settlement, should be defrayed out of the funds of the asscciation. His Honour would tecol lett that Mr. Milburn had prayed, that whatever be came of the matter, he, at all events, might be paid. The deed contained another very particular clause which tt lated to the dissolution of the Company; it declared that 'a dissolution of the Company might Woefully take place by consent and approbation of three' members of the Committee of Management, 'or the time being, toga ther with the votes of three-fourths of the proprietors ; that after such dissolution the affairs of the Company should be wound up; the debts against them satitfied; all the stock, property, and effects converted into money, and their debts collected; and then, that the remainder of the assets, if any, should be divided among the pro prietors according to the value of their respective share or shares. His Honour would see, from this, that there was one, and only one way in which the Company could be legally dissolved. The plaintiff, in this bill, went on to charge that Messrs. Codd, bankers, for whom he appeared, had a large balance of money, the property of the Company, in their hands. The bill also stated, that some of the Shareholders of the said Com pany, without the consent of the plaintiff, and in direct violation of the deed of partnership, took upon them selves to dissolve the said Company, and passed a reso lution, that from the Sd of January, 1827, its operatic) s should cease ; that the defendants, or some or one of them, had sold the horses, carts, and other stock of the Company, and that they, or some or one of them, had a large sum of money in their hands belonging to the said Company. The plaintiff then submitted, that as the Company was not dissolved agreeably to the deed of settlement, he was entitled to call for the payment of his shares, or to make them give an account of the Money in their hands, and pay over to the plaintiff the balance due to him according to the value of his shares. The plaintiff charged that he had applied to the dif. ferent parties, but that they had refused to comply with his demands. _ _ The VICE,CHANCELLOR—But upon what grounds do you found ydur demurrer ? Mr. LOVAT said that they founded the demurrer upon the ground of their agreeing entirely with the plaintiff that the partnership was not dissolved agree ably to the deed of settlement. The VICE-CUINCELLOR—Putting in a demurrer is an odd way of agreeing in the equity of a bill. Mr. LovAT raid, the point which he had to submit to his Honour was this: They ccncurred entirely with the plaintiff, that the partnership had not been dissolved as the deed of settlement required, and that, conse quently, the partnership still existed; but the partner ship still existing, the plaintiff had no equity that would entitle him to an account. Upon the plaintiff's own shewing, via. that the partnership had not been legally dissolved, his equity fell to the ground, and for that reason the defendants had demurred. The VICI•CHANCILLOR said the case was too clear for him to allow it to proceed any further. The defen dants admitted by their demurrer all the facts charged in the bill; and, to put an end to this dilatory mode of proceeding, he should dismiss the demurrer with full costs. Mr. Lovarr said, that with respect to full costs, he was obliged to say, that the demurrer was not put in for the purposes of delay, but by the advice of Counsel. The VICE-CHANCELLOR was very well aware that every proceeding of that Court must be signed by Counsel ; but he could not listen to any exculpation of that kind. He thought that the principle on which a demurrer ought or ought not to be allowed was eri• dent in the order of 93, made by Lord Rossiya. His Lordship had made that order from a consideration of the delay and expense which suitors experienced by allowing demurrers, and he was sorry that that order had become so much a dead letter. It was only common justice to the suitors to compel the payment of full costs on occasions of this nature. Mr.LOVAT repeated that the demurrer was not put in for the purpose of delay. The Vice-CuencaLLon was sorry to differ from Mr. Lovat ; but he had known suitors put to the expense of SOL on similar occasions, and all that was allowed them was perhaps 51. If the most experienced Counsel of the Corset told him that he had advised a demurrer of this nature, he should only reply, that his (the Vice. Chancellor's) duty to the suitors of the Court demanded that be should dismiss it with full costs. . . Mr. SUODEN said, that no less than seven months' delay had been obtained by this demurrable dr murrer. The Vica CHANCELLOR said, that he had had as much business, perhaps, as any Chancery Barrister, and that he did not think that he had ever filed three pleas or demurrers in his life. Mr. LOVAT said, that he had never put in a demur rer for the purpose of frustrating the ends of justice. The Vics CHANCELLOR gave Mr. Lovat full credit for that. He could assure him, however, that he had talked with the highest authorities upon this subject, and that he was supported by those authorities in the sentiments he had just expressed. He would now de clare unequivocally, once for all, that whenever the case was so broad and plain, that it was manifest the demurrer could not hold, he should feel it his duty to dismiss it with full costs. By taking this course, he merely indemnified one side from the mispleading of the other. COURT OF KING'S BENCH, JULY £t. DOBSON AGAINST KEELING. This was an action of trotter to recover in damages the amount of a bill of exchange for 2001. the property of the plaintiff, a stationer in the Strand, and converted by the defendant to his own use. Mr. PLATT opened the pleadings, and the ATTORNEY GENRRAL stated the case. The plaintiff had the ac ceptance of Messrs. Roe and Co. to a bill dated the 20th of December last, for 2001. drawn by himself, at three months' date, and being desirous to get it discounted, he applied on the 4th of January last to a friend of the name of Beswick, who told him it might be done by means of a person named Nash. They went accordingly to Nash, and he took the bill to the office of the defen dant, who is an attorney in Lime-street, in partnership with a Mr. Neck. The defendant told Nash he had no objection to discount the bill, provided he would pot his name to it. Nash did so, and was then desired to leave the bill and to call again in half an hour for the money. Nash went back to the plaintiff and Beswick, and returned in the halt hour, when, instead of the money or the bill, another bill fcr 1501. which had Nash's name on it, and which had been dishonontsd, but whet enf no notice had been given, was offered to him, together with a bill of costs and some money,which he supposed was to make the 2001. Nash refuted to accept this, and insisted upon having back the bill he had left, or the money for it; but as he could get neither, he immediately went back to the plaintiff and Beswick, and acquainted them with vAtat had occurred. They all three in.tAntly went to the plaintiffs office, and were told he was not at home; they then desired to tee Mr. Neck, his partner; that Gentleman sent out for their ..awes, and when he had learnt them, refusal to see 'them. *nee then they have floc been able to get a s;gbf of the defendant, who was alike inaccessible tbthe plain• tiff's attorney, for he was obliged to serve at the house the notice demanding the bill. The object of the de fendant, who is an attorney, in getting Nash to put his name on the bill, is quite manifest. His conduct, to say . the least N - it, was irregular; but he ought to be well prepared to prove that he was the bona fide holder of the 1501. bill before, and at the time of the applica tion to him to diicount the plaintiffs bill, and that Nash's liability was not discharged through want of notice.— He ought alio to chew, by positive and clear testimony, that Nash agreed that the 2001. bill should be applied to take up the other bill. Mr. Harmer, the attorney, wrote the next day to the defendant, demanding the bill, and sent his clerk afterwards, but the defendant would not see him. It would appear, therefore, to the Jury, that the conduct of the defendant has not been so open and. fair as to bespeak a •ery favourable interpretation of his case. John Nub, examined by Mr. Gower the dth of Jassory last I received a bill fur 1100 belonging to the plaintiff from Mr, Berwick, in the plaintiff's presence, to get it discounted. I took jhe bill to the defendant ; he had discounted bills fur me before. He looked at the bill, and said be knew the party, sod would do • at. He desired me to put my name on it. I said it was not any bill, I was merely sent by Dobson. I, however, did put my name to it. He then told me to call in half an hour, and de would either give me the bill or the money. I called again, and saw two clerks; one tendered the some money, and said there was an old bill of mine lying due, and I must either have that of none. I would not take it. I don't know how much the money was Oat was Wend, as I did not stop to count it. I did not know that the defendant was at that time the holder of soy bin of mine. I went back to the plaintiff and lieswiek directly, and told them. We all went to the defendant's dike. but I sever saw Mat since. He is an attorney. We tried to see him; they said be was not at home. Croas-etamined by Mr.CanrauLL—l ant a carpenter and builder. I was a bankrupt in January. My estate has net yet paid arty &.l dead. When I first went to the defendant, there was, to the belt of my knowledge, no other person present but bids and me.' I. say/ neither Robert Neck, John Neck, nor the othet clerk. The does' was abut ; the defendant and I were alone. When I returned I did not see the defendant. John Neck offered me the bill and money. There were some other people in the room, but I don't know who they were. I said if I had not the full money I would not hart any. I did not receive 1971. 14s. or any mode, at aIL I worked at my business after that until my barikruptcy, which was ten days afterwards. Between the 4th and loth of Jannary I padded Modred Hoare and Co. for porter, 191.195. and to M'Allan for brandy 1014 I was much surprised when I was made a bankrupt. My estate has paid no dividend yet, but my effects are worth double the amount dirty debts. The plaintiff and Beswick were waititig at the Coopers' Arms, SOO or 400 yards of the defendant's odice. Samuel Bleswick.—The plaintiff applied to me to get the bill dis counted, and I introduced Nash to him. I did not kern from Nash wherebe meant to go. The plaintiff and myself were waiting at the Coopers Arms. Nuts came to us there,and said be bad left the bill with the defendant, and was to call again in half an hour. He te. mained with us until the time expired, and then went. He came back scratching his head. In consequence of what be teed as, we all then went to the defendant's office. A clerk answered the door, and desired our names. Hp went away, and shortly afterwwds came down weirs and told us the defendant was not thete. He left at ltalf-putt four. We all three said, in the presence of a clerk and of a Lady who was there, that be bad detained the bill, and we *add go to the Lord Mayor. We went to Mr. Holder's odes immune. diately,and the neat day we went befor the Lord Mayor. Mr. Turner, a paper-hanger, went with the plaintiff on the let of February to Keeling and Neck's office, Linde-street; we saw • clerk, who asked our business ; the plaintiff said it was to demand the bill; the clerk said he could not tell any thing about it; be went out of the room two or three times: We could not get to see its. defendant. Thomas Middleton Loveland went three or thee times to the defendant's house, who was always denied; one of the times the defendant was at home; witness told his business to the ckrb, but he could not get to see the defendant, who was then at home, so be served a written demand of the bin upon the clerk. Witness proved that two actions were brought in she Common Pleas open the bill against floe, the acceptor, sod the plaintiff, the dresser, by the brother of the defendant, to wheat the bin had bees transferred, and that the taxed wets of the two action., automating to EU 14s. Sd. had, with the bill, been paid. Mr. CAMPBILL said, that he did not rise without great anxiety, because, upon the verdict of the Jury it depended whether the defendant, who was a most re spectable man, could ever ,hew himself in the 'raid any more ? He was a man of large fortune and noble. mithed reputation, was related to a Gentleman of the highest respectability (Sir Astley Cooper), and until this scandalous transaction had been imputed to him, until Nash had ventured to tell the story he had told to-day, no one had ever dated to insinuate any thing against his character. The whole of the plaintiff's case rested upon the testimony of Nash; if he was disbelieved, his client was entitled to the verdict, and would retain his reputation; for all the other evidence, however cot rect it might be, did not weigh one feather in the scale. The fact really was, that Nash had been paid the whole of the bill, deducting the discount: he had put the mooky in his pocket, and instead of delivering it to the plain. tiff, he purloined it, and set it apart for the payment of his own debts. His distressed situation accounted for his conduct, for men of much greater honour than Nash had, when distressed and hard driven for money, done things at which at other times they would have shud dered. Nash was either paying his creditors with rise money be received, or else he was making up a puns, against the time when be should be white-washed by his commission. He deposed that he did not see the defendant when he returned according to appointment ; this would be contradicted; but such small matters • were out of the question, for that which was imputed to him was wilful and corrupt perjury Was it probe. ble, if the clerk had offered him a sum of money, that he would not have counted it, though the clerk had deducted for a bill that was due? Would he not as a sensible man have carried back even 1001. if it had been offered? He should call four witnesses to prove that the money had been paid. The ATTORNEY-GENERAL desired that the witnesses should withdraw from Court, and be kept separate. Mr. CAMPBeLL resumed.—He should prOve, that 1971. 14s. which was the amount of the bill deducting discount, was paid to Nash by John Neck, in the pre sence of Robert Neck, of Drysdale, their clerk, and of Mr. Skyring, a carpenter, who happened to be in the office. These four witnesses would prove the payment, John Neck would prove the precise sum 1971. 14s. which the other witnesses could not prove; bet they could prove that money was paid to Nash, and that be went away satisfied. If Gentlemen discounting bills are afterwards to have actions of :rover brought against them for the bills, who would ever discount ? Nash has a very strong interest in this action: those who have the wickedness to act as he has done, have always the hardihood to deny their deeds; but the witnesses for , the defendant had no interest, at all, excepting indeed e interest which Mr. Neck might feel for his part ' flees reputation. Nash, on the contrary, might be tried at the Old Bailey for his conduct, and will, if the.ver goes against the plaintiff, probably be comm itted , to take his trial. He has therefore the greatest interest , in the issue, and the Jury would have to decide, whether it was more probable that four persons would conspire together, and support their conspiracy, by perjury for , the sake of protecting the defendant ;or that Nash, a I disgraced and distressed man, would keep the money he bad received. fie (Mr. Campbell) did not loch with :