Star. — London, England, 1827-10-24 00:00:00

DOkING. w 7 bad job he was employed in, as he was obliged to 'attend four or fiv e times before he could obtain admission. Had not received any promise, nor did witness .expect .any reward. All he had done was to obey the orders of his superior Officer. Witness went to the mieting for the purpose of taking down what was said, without reference to any par. ocular subject. Alderman Atkins directed me to tale down what might be sail, and present it to him ; I tool notes the first time that I went to the Meeting. Had never before been employed to take notes ; Alder man Atkins advised me to take notes; when I took notes I sat in the body of the Areopagus. There was no noise abbot witness that disturbed him:— 'Knew Cornelius Pugh, but had never conversed wish him on the subjecr. Was dot aware that he had omitted a word, but was positive that what he had put down was correct. Did not, know the difference between Greek and Latin. The notes now pro duced were the same as those produced before the Lord Mayor—was very much shocked at some of the things he beard, but was not frightened out of his wits. The defendant spoke for an hour, so that witness ould not have taken more than a twelfth part, and those sentences, according to his. opinion, were the worst. Wircess heard nothing that would expliin the offensive expressions so as to do away with their tnean -mw. If he had heard anything that would haek ex prai,,,t t hem away, would certainly have put them By Lord Teerewolts—Certainly did not hear ant thing that would has: altered the sense of the passages. By the Defendant.—He might or might not have (looted from infidel writers; should certainly have known whether defendant spoke in his own person or from other writers. Past of the arpmeat was certainly very learned and above the witness "comprehension. The general style of defendant's argument was not above his comprehension. Wi ness is a member of the church of England, and was in the habit of 'attending his Chris tian duties. Must bate read the 5 h chapter of St. Luke, as he had read the whole of the New Testament. Defendant.—Are not the words " Swear not at all ?•' Witness read the words— Defendant —"I have nothlnglmore to say to you,Sir." Re.examioed.—l heard the defendant say the whole , of the New Testament was false. This closed the case for the prosecution, mid Mr. nikow was now called on for his defence. He called the particular attention of the 'Jury to thw, very peculiar nature of ilia ease. In alI proceedings of the, nature of the - prel'ent, the odds were very great against the defendant ; • but in his, the odds were fearfully enlarged. He trusted, that thoie who heard him, would join him iu the feeling, that the wisest and best of learned men had fallen v'ctims to blind prejudice. In noticing the expressions that had fallen from the lips of the Attorney Gmeral, he cal. led on the Jury to :ay whether it was the language of charity or of justice? He, the defendant, solemnly declared that he was not the man he was represented to be. He would pledge himself not to utter one word, nor breathe one se_ ntence. that the most virtuous mar, could condemn. He would not believe that the Jury could be brought to the belief that helras BD Atheist. He was nut an Atheist—he *as not a Christian.- " 1 am,' said he emphatically, is A DZIST:' He had in this muse sacrificed every thing that was dear to him in life ID rapport of his theological opinions. He should return to pri without losing any confidence in his faith, without losing any ofhis fortitude, as he was convinced that it would be giving a fatal blow to religious liberty. What same the real facts of this ease? By whom was this prosecution commenced against him?By the Lord May or, who was himself a Dissenter to the Established Church, aod yet denied him, the thfendant, theme'e right that he • claimed for himself; therefore on what ground was the right of the Lord Mayor or the City of London founded, that they were justified in restraining him from incul, • sating religious and moral doctsines? With respect to the formation of the Society of the Areopagus, the Jury were not probably aware.: The late Lord Mayor had been applied to, and bad actually sanctioned for two whole years the promalgation of the doctrines pro pounded there. Had any svil consequences arisen daring that time? No. What necessity then was there at this time so interfere with the mmiing ? There were no obscene books put forth. The gravamen of the present charge was the direful effects that would ensue on the youthful mind. The defendant here launched out into an anathema against the Missionary Society, which induced Lord TENTUIDIII to remark—You had better confine yourself to answering the charges against you. • The defendant desisted, and proceeded to remark, that the question here was, whether what was orthodoxy at Cambridge should be declared blasphemy in London ? It was really barbarous that they who now prosecuted him should do so, because he was an honest disbeliever of what they professed to believe, and in doing so had merely the object of opening the eyes of the deluded . and convincing them of their errors. The defendant here begged to have some passages read from the Lec tuie by another person. • Lord TENTREDEN—rfeinnot impose that task on any person here; you ate perfectly able to read them your self, and if you wiih . for refreshment you shall have it afforded you, but I must proceed in this case as in all irJ.ers. Defendant—My Lord, my wish is that a friend may be allowed to read for me. Lord fiNTRIIDIM-•—i cannot order any person to do that. may read any part or parts you may mean to prove in evidence, in answer to what has already been read which is in evidence. The defendant here read a few theological passages from his lecture, and thea proceeded to comment on the `tiidiice in support of the prosecution. Was it, he ob served, very likely that a person who had never before taken notes—who was wholly unaccianialed with discus sions onths*gical points—should twilit person to be deputed Oh the active, and in fact the only . agent, to bring ho grave , and to him, defendant, important a charge? kith, if allowed to be proved on such evi dence, must Consign him to a gaol. The only effect an adverse verdict against him would have, would be to prove thernseves guilty of the very charge they had brought against bins, and thus tend more to shake that religion which they so strongly pretended to sup port. Was he, the defendant, to be d. clued guilty of blasphemy because those who now appeared against him held a different opinion? That the witness did not wider:tato:l the sentences he had taken down; that the ware he had put on them was not their reel meaning, he should clearly show. That he did not go with a view of taking a fair report, is cleat by his own conies. sins, The defendant here proceeded trt read a comment frorn the Lecture on the Scriptures in a strain that called fotth so marked a disgust on the whole auditory, that it was with difficulty restrained. 'lie again pro. seeded to comment on the charge that he had treated the Heir Testament with levity, but submitted that in doing so he had only remarked on those very passages which the sound Theologians and most eminent criti'a bad deseribe , d, as the most flagrant dial melt! be peraied . From the nature of the formation .41 the A reopagui. and the lectures that intik place them, it was impossible that any thing but hypothetical elm.- skin could be uttered in the course of arguing on. the respective points of discussion. If such evidence as that adduced on the present occasion were to be taken as-conclusive, there was en end to all' idea of trial, as no defence could alter the determination come to; and to call ft a tri.il wars mere mockery of the term — he must be the victim, and the distant faggot would .have served for the funeral fuel. It was not the-witness whose feelipgs were roused against hint, it was others who stood behind, ashamed to come forward, who were ihisreal prosecutors, and who themselves were disbe lievers, but not in theaame honest sense as himself. Wete, he asked, public speaters and public lecturers to be ruled with a rod of iron at the will of such a faction as Whitfield's, and their asscciates. He submitted, that on the evidence adduced he ought to be acquitted, or the ground that the witness did not come forward spon taneously, sod that the prosecution originated in wicked and corrupt motives ; and after speaking for upwards of four hours, called on the Jury to actinic him, on. the ground that there was no law, either legal or ecclesias• trial, under- which he could be convicted. Lord 'fIIIITiRDIIII summoned up the evidence to the 9 Jury who were left in deliberation when our Repenter came sway, MIDDLESEX SESSIONS—(Tars DAY). A Mr. T. residing at_StokeNeWington, stood indicted, [.for'aisaulting Mr. P—.....—, who resides near the ilelens.:. aut,'under th e follevringeirenmstances : • :Me: Pittimrs esisdiattid the prosecuthA v ind M i Anoratiteuts the 444 a: ...It sikpeareci that about hide o'clock on the night 'niluitiOned intlie indictment. the plaintiff seas proceed inglnime.al"me from his town residence in Newingtoh, when i'n,v t iii & 4101% a lonely ptli neat Li nkland p se t t, he thought he haat! some footstep', berrind him—he turned round *ad saw the defendant approaching him rwith• a large 'stick in his band. • The plaintiff Was abut to ask him how he did, when to his amaat. Men? lie. raised the atick, and Struck hint a'heaVy blow nu the heed; vibich• he repeated several tinies till 'the bltkid 'firsied very fa t. at Me sail time saying. is there, you taseal v take that, I am gladi Save served you co•rt, If I have not I will ;" he the 4 tonk • a knife from his pocket and made a thrust dit hints, but 'his vies being heat if by soure persons in a cutuige at a distance, they carne` to his assistance, and the defendant 'ran away. .•The plsiutiff was eartied bome, and such was the theadrill injury he bad received, that he teas obliged to he attruded by a surgeon for sometime: This was the case. FA the defence it was attempted to be shewn, that the plaintiff had given provocation, he having spoken disrespectfully of the defendant to a friend of his named Battler:tam Mr. B trtleman was present, but was not callectto prove the plaintiff had not spoken disrespectfully of him. The CHAIRMAN, in severe terms, reprehended the de fendant for such cowardly conduct, and ordered him to pay SOL•te the King. r Wraps called his‘i the age of new inventions; slit titrt Might be termed, with men justice, time of conipeldnik one hundred miles of .Drury-lane, the passengers can end, " the original shaving shop ;" " the old erigieal shaving shop) " and " the real original 'shaving shop." But competition does end here: —What think you, my masters, of two roads adverdsit far era, with indefatigable ardour? 'Tis so 'pee honour., a mite from Soinkampson, the travelleridescries.a.finger post.. auster which is written, the forest road is the nearest," and a few paces firrher,-ar the center of awhiler road, be is informed in un• coot\ rhyme, that Though the forest road is two roods nigher, . The tolls on it are three times higher."—Londen Weekly Raisin. During the public lecture in Oxford, one of the young Modems exclaimed to,another,who had left the door open !Wien* Minoru" The tutor replied, " Claude os tram." The following appears from the Parliamentary Papers (Vol. 21, Session,lB26,) to be the charges for a patent for England only, exclusive of the cost t f the specifica lion, which is charged according to its length :—Attor ney-General's Office Pees, 121. 19s. Privy Seal Office, 41.26. Secretary of State's Office, 171. 9s. 6d. Patent Office, Adelphi, W. 17s. 2d. S:gnet Office, 41. 7s. Stamps, 131. 18n—Total, lull. 12s. ltd. On Friday evening, during her absence from home, Mademoiselle MARS bad stoke from her all her jewels and diamonds, whose value amounts to 180,000 francs. The robbery was committed without any violence twilit used, and probably by means of false keys. A femme de chnonite is arrested on suspicion.—Comailutioarul. A publican, residing at Buckingham, having a few days ago made rather tree will] the contents of the eel. lar, was desired by his wife to go to bed, a request which he endeavoured to comply with. The enemy which he had put in his youth had, however, soi completely dis ordered his understanding, that he mistook an old pier' Lure for a door, and endeavoured to m ike an entrance accordingly; in this he so far succeeded as to get his, bead through it, when, finding that he could neither ad. vance nor retreat, he called out most lustily for help. His wife ran to his assistance, but the ludicrous appeat. ante he made was so irresistible, that she could not for some time release him for laughing. At leagth, by their joint efforts he was extricated—a living exempli fication of those likenesses which are said to be ready to start from the caavasi.—Bucks Goethe. One di last week, a poor woman accompanied by he! Erisbaod, both in a stye of wretched destitution, came into Stamford, and, as is usual with persons of their class, the woman walked to Burghley House to solicit alms, either in the shape of money or broken victuals. Perhaps, since the tender S4rah Hog ins first adorned the splendonr of Burghley by beconking its mistress, a greater surprise has not been experienced within its precincts. The wretched supplicant rung the bell, and the porter, a portly, handsome looking fellow, appeared, but became agitated by the object bet . ; re him. She craved charity ; he answered by anterrogatoriei and who was she? what was she? where did she come horn? how came she there and in that coed . twin? To all which answers were given truly and trem. blingly. She had married against the wish of her pa. rents, whose cite she had deserted for that of her bus. baud ; he had been a soldier nine years ; but uow em. bittered poverty was their lot. The honest fellow had known the applicant from the moment she that day met his vision, though he had not seen her for 14 years previously, and now, unable longer to refrain, the tears twit from his eyes, and taking the poor creature bribe hasd, be subtilised, " You ale—you ire—my sister !" 'The astonishment of the woman may be conceived . ; an explanation followed; her brother was younger, and bad retained a recollection of her features, whilst his were not to be le:copied by her, for he had advaoced from youth to manhood since she last saw him. It is needless to add, that prompt relief was given to her who had thus found a brother in a stranger far froth her native vales, and that that brother, with commend. able generosity, afforded to his sister and her husband the pecuniary assistance becoming his and their 'elec tive stations. li . • • • s - lllti'llfiereehtiribt Dish()p t trMw:•l • • Mt hot iP the t 1 ring; with Peter Crawler/ Ind Jent Ward—Osi:ptaranse loudly cheeree by has friends; and nut long after Sam silencers) nil oviiinsinuetion. by skying his.castor ; wap attended by liarry Hilt and Duct Curtis; hut the cessation of evil report was tut of short dor.tinn. for almost immediately two rulice.offiCtors apparently snider th, auspices of Sam's frietda, came up and presented a ." copy 01 Ulie/1411044,"• commonly called .a peace •warratit, signed, by Mi. Rawlinion, of Mary-la.bunne Office. In vain did good dodge* of these matters, and men who wi-h Sam well, point out to km, iflat the 4ocumeat was from Middleses, and nut backed by the Wats of . Hertfordshire, and still more, that a legal hole might be pfckedln it, inasmuch that it was against "Samuel Ryan.," whilst he knew full well that his owp name was " Samuel Mists." The officers were not particularly bluff, but Sam said he would not fight,. '• at a warrani was out against hint," and Harry Hoh I . ' would not second him" for the same reason. Sharpe, who bad peeled, gave a ierbal defiance to Sam, said insisted on his fighting or forfeiting, Sam could not be screwed to the right pitch, and at length be left the ring carrying with hint a shower of groans. Sharpe threw up his hat and claimed the battle money, and eel-. tainly the majority of the people present thought him justly en titled to it. BARNEY AARON AND FRANK REDMOND. The comic entairazonaa of the Bishop and Sans over, the sevious part of the drama commenced, and Barney Aaron and Frank Red mbiid entered the Ring, to make Intends for the mortification'to whiel.the spectators bad been exposed. On stripping, the condition of the men became a topic of con ion, and we should say in this respect Redmond had a decided advantage. His skin was clear, and his general appearance be tokened a proper 'regard to training. In point of symmetry he also had the XIVIttIIVIP of Barney, although the latter appeared bigger in the shoulders, and body, a. well as ia the general proportion of his frame. Stilt Duffy jai:4*d eonfidint, and having once beton 'bra:en liedmood; Wore settingto be was a decided favourite.— Beaty seas attended by Mr. Nathan and Josh. Hudson ; and Redmond by Nelitlo Neal and Jack RandalL Round 1. Both men stood to their geard with greatcaution, for leveret seconds, and bib looking anxiously for an opennig. mond tried to draw the Jew; It would not do, be was too teary. At lett jierney broke ground and hit out with his right. Red' mood mopped, and get awl*. Barney followed him up, and fought to a rally. Jobbing bits were exchanged, and both felt the popper castor in good earnest. Noisier follewed Bobber, right and kV. and in the close both went down, Ramey under. 2. On coming to the scratch -Barney sbewed first Mond; from the • side of WI it/Adler, which bad been tapped by Redmond's Celt; he also had a mark under his . yeft eye. More sparring, and mutually tandoori. RedlikOn4l anxious to go to work, but. Barney steady. Barney hit abort at the body with his left, tried his right at them* but was stopped. Redintoid let fly with the left, andcaught "Sewer on the nOZZIC Barney returned, right and kft, and A gain the. jobbing system commenced, when after good interchanges, Barney, pushed to a close; and after a bard struggle, Barney trying forth. bb, both went down. No advantage on either tide: 3. Sparring, with caution. Frank hit um with his left, but was foe much acre's, and missed. Barney on the alert, when Redmond IM logett with hie /oft, but Varney got away. The position of both own good, theirpointavrell covered, Redmond jobbed with Ms left, and got back. Atintber stand off, when Barney got within dis tance, tenth: Redinhnd on the nose with his right, and rushed' In, scraM6fing for the fib, in which Barney tried hard to hit up ; In the end Reditioed Went down on his bee's, and as he fell, Barney caught hint a,sleglat hit on the back (foul, but nothing said, as it was consi dered accidental). 4. Barney cool as a cucumber,and both steady-(look to his garret story, cried Jodi, and shut his day-llglits). Cautious sparring, Bar , ney rushed in, and delivered slightly with his Left, and then followed his man to theropes. Fibbing the order•et proceeding; in trying for the fall, both down. 3. Itedietood•• ansimia• to get to wotk ; Barney on his guard ; Barney bit out at thebtidy,bot Redmond gut away ; Barney jobbed with Ms right:bet Batinided was with him, jobbed him twice with his left, in good ** * both on nose and. eye; Barney returned and .rusbed.to a close; in the arroggle Redmond 'went down on his knees, Barney having his bead under his arm.—Redmond had the better of this round. 6. Redmond [lvin a breed itesteter with bis left ; Barney cautious;' and Redmond stood out to wipe Ai* hands on his drawers ; a Mils pause and some good stops, Batley hit short at the body and stopped Redmond'ikft ; B arney. pupped in a good body blew; counter bitting; Barney cloned, caught Redm o nd round the nick and fibbed-his nob,. sin the struggle Redmond was thrown,.but • ped up merry and smiled. 7. Redmiond as 'jolly as a sand-boy; Barney delivered his left 'on Rednwspd's butt*, but was beautifully jobbed in return ott the kit agfra-(applawse); caution; when Redmond again jobbed his Misaightited ).fit in the nuttily, and get away—(renewed ap- Pbollo)- Barney went to tratibling, but again caught it on the now, and in *close was thrown, Redmond oa him. (6 to 4on Redmond!) • : a. 'Barney atiopPed a Rita: ' Redmond dodged him in lineiryle, and was active in search of an opening; 'Nast he had it, and jobbed well with his left. Barney rushed io, and caught him on thensten r. Redmond retreated, and in getting away fell, but napped it on the nob as he wont down. 9. Good jobbing bits on both sides; in the dose, Barney pidled his man down. 10. A fute manly round, all in fallout of Itedmond, who jobbed and sot away in t►e true Corns style,. He repeated Ibis semeral times, and was hailed with thunders of applause. Barney had it on the non, and in the close both went dowo. Redmond a decided favourite. 11.. Brainy &a wed most punishment,while Redmond only looted flushed. Barney repeated his body blow with the left ; Redmond jobbed in return, and was counter hit. Barney popped in another stop on the car, tioditedmond went down. 12. Good counter hits. - Barney went to work in good style, and r the fighting on both sides was excellent; In the end Redmond went down on his knees to avoid. it. Barney put in left and tight on Redmond's nob, and followed 'him to the ropes. Redmond in retreating, hit with him, but in the close he had the wort of the in-fighting, and was thrown. 14. Redmond a little on the piping tack—kept out ; Barney saw his time, rushed in, and delivered well right and left. Redmond menially met him, but got a little groggy,was bit down rather weak. 15. A spirited rally, its which ,he return of compliments was fierce. Barney caught his man on the now, and eventually hit him down. 16. Barney rushed to in-fighting, and chopped away. • Redmond was not idle, and caught Barney on the inkjet/re. Barney would not be denied, and Redmond went down by the ropes to avoid.. 17. Barney bored his man to the corner of the ring, Redmond fighting with him, bat *u in the end down._ _ _ _ s• A good weaving round ; neither stood on ceremony ; hit fol. lowed hit with rapidity, and Redmond never flinched. At the cons elusion he was hit down, !Larry being evidently the strongest. 19. Fine manly stand• up fighting on both aides. Redmond again retreated to the corner of the ring, and napped it pretiy 'hiuldiomely ; he still fought bravely, and went down hitting. ha. Redmond get sway frem a body hit—both groggy; but still. made sonic slotting returns—Redmond retreated to the corner of the ring. A short struggle, when both broke away again, and in the close w eat do% a liki two sacks. 21. nit tar hit on the nobs—both tiptry, and In the close Red mond went. down (Borney's seconds complained of •bis going down without a blow, and misiderable squabbling followed). . _ ' • • • • _ . jilt, A goad we.ving romsd—Re'ilmond never flinching, but on getting to the corner of the ring was chopped, and went down. ' 2S. Both wild add desperate. Barney followed his mart to the corner of the ring, bantmered him over the head, and at last be wept dow.. 14. From this to the forty-second round the fight continued in the name style. Redmond fighting With won:slung quickness and game, but gradually getting weaker. 'there were Still several changes, Barney becoming weak himself, but in the end Barney's strength prevailed, and in t h e forty-second round Reglnurnd's seconds , gave in, after fighting one hour and twelve minutes. gamer or better fight has seldom been witnessed. Redintind astonished his friends by the rapidity and force of his hits; and, he tams, to a• lase period of the come.,, had a good chance of winning. .Strength, however, c'irried the Jay, and. crowned ILaney with laurels. le point, of visible punishment, however, he had decidedly the worst or the kitting; but on both men being'oubseibently put to bed, at St. Mbant, wheri they'were attended by s medical Man, the internal punishment and physical ' consequence to Redmond wet e pronounced the most• *triune. He was carried onto( the Ting in a {fate of insensibility, acid Barney was scarcely able to walk. The confusion towards the latter end of the fight was terrific. The sing was broken in, and It was with the utmost difficulty the battle was brought to a Mr issue: . • Both men will 'hew to-morrow at Dish Curds's benefit, and perhaps some farther explanation Wall* afforded o( the previous fight. At the conclusion of the sports, there were several serious aed dents among the charioteers, and several gigs and drivers were at one moment seen prostrate on the common. Divers fractures were numbered, and, no doubt, many will have to remember the 'leis* tudes of the day. CORN EXCHANGE, MARK-LANE, One. 44. The nit:altos trade condemns nearly the since as un Mondays Inc dry samples fully supported that day's prices. Slatting Barley, in consequence of the concessions to the mobsters. is looking up, and bavit4 but UWE of that dtat-ription at market, MOW: prices were drniandest—stilt nrme at the mobsters weaned to red& the rise. Oats were unsaleable. the arrival being rallies lange.—Arrivals : 1.9.50 qrs. of Wheat, ;LW qrs. ut Uarlq, 7,200 qrs of Ono, •od ;OM racks of Flour. . . . e*ef , ••• • LAW 11 4 1111102i4k _ • .Coffin 'OP ..11CINfriXARNelt Before /Abed Tseiirysid tikeesdiiiitiek" •• J. IiALSI, JIM/ AUAt\$T IC tei rittg.UVE *Awl 10, " • 4 •• ' This was an action fof a'gneetiogginctieention. ;Tile Taal ',tiff art 4 Vete tEst two tnestibell"for the btu °ugh of, ek Ives,' in . etyli opt, - 7 • The Agroikjeit dims/tit, fort rplotig, oilicithat h;s cheat gitas jii 'bone: tbei e . confi 6mise grott)ol lead to a better tioderitandlist beivreent the parties t 'Bbd he mould there fo re consent to'taLe verittiwith naininal . , damages. - This was acceded to by the defendant ; Lor'd TeArgangtrexpres4d hopes':thai fife two membits for St. Iges would Be able to settlb ell their dis_putes. Verdict, by consent, fur the Plaintiff. %Wallis v. NATLEIi.. This was an action against the defendant, as acceptor of a bill of exchange for:1,501. drawn by the platetiff. The defend,' t pleaded usury; The A-rine:say GENERAL said, 'thit visit the third action Which the plaintiff had been obliged to bring upon certain bills which had been drawn under circum stauces perfectly fair and honourable, although he had ' not been allowed to recover upon th. m without having been obliged to fight liis w y throogli a host of - *dyer. saries. Th e planniff. after two •inories, could not, ItAweger. help helix% a little surpri.ed that a third chamPicio should silting up.' Upon a former trial be ~thr'Att,orriey deneral) had stated the plaintiff to-be Mitt - 444e seeiclietnt. This *iii i mistake,. whicit be was ueilrode ' boil to rectify. Tjie plainiiff was nate rallied ; he was'iltign of fortune, arid bad large pea. sessions in the island of 'Madeira. Some years sinettie was requested by Mr,Wildman, a West India mercbebt, to lend him a large sum of nicfney, which he agreed - to .:o upon proper security. The money wis advanced, and part of 'the security was the present bill. On the former trials Mr. Wildman' had been examinee, gad .he evidence he ribald nob/ give, if the defendantielled ''him in support of his plea, could not be materially &if- Yerent from what he had bef ire given. The detendint :tried what fie could do in a Eourt.of Equity, but had been unsuccessful. There was no pretence for axe: thing usury to the plaintiff, who would have been much mote willing to give up a portion of the inferest, to which be was strictly entitled, than 'to have run the risk of losing his capital by taking more than the legal inrerest. The signatures of the- parties to• the bill.were proved, and the bill was read. Mr. F. Nileti, for the defendant, endeavoured• to prove that the plaintiff hid tatted mns than legal inte rest upon the sum lie had lent Mr. Watson, by having Oren upon part of the sum the amount of a year's in terest at the beginning of the year, insitsd of waiting for the close of it, v. hen the interest would hare becoine due, and for that purpose he called Mr. Wildman, who, however, did not •prove the point. •D, Veldiit for Oil - pi itiotiff— fiteiest, 2,b091. , Amager, for principal and TANILITT AND ANOTHER D., SAWYERS: This was an action to recover 1,1521. the balance of an account. The defence *as, the set-off of a bill of e‘chatigo for 2.0001. in favour_ of the defendant, drawn upon the plaitititri; by Messrs. Mercer and Co. of Cal cotti, and alleged by the - dafernlant to hAve . been ac cepted by the plalnfiffc • • • - - • The whole point turned' upon-whether the plaintiffs hatfur had pot accepted . the bill. - It appeared that the defendant had beenin India; and had left a large suns of money% the hands of Messrs. Mercer andro.frorn whoni, upon setting net for - this eruntry, he received a 'letter 'of credit upon•the plaintiffs, stating that -they woad' guarifttee any irdvaocels the- plainflfs' might make him: Upon reeeipt wf this letter, the plaintiffs allowed the defendant to -draw upon them, which he did to a very considerable extent. The reetendant received the bill foe 2,0001. - ttom Messrs: 'Mercer and Co: which Was drawn - payable at six Months after sight, and sent it to the plaintiffi with the following-letter, detedthe 9th of November;" I enclose• a bill. from Messrs. Mercers for 2,0001. which you will of course accept from such time as the - bill would in ordinary course have come to hand. I :WI be in Lond .n beforcit is due." The plaintiffs returned the lollowing answer, whit!: the Attorney-General contended amounted toms acceptance :—" The enclosed bill is, I .appose, a tensity lance on the account of our advaLce t if such it iv, and you will endorse it; *e will accept it, and it shall go to your credit." To this letter the defendant, who was at Dunbar, replied on the Ist of December- 0 I received your letter some days ago, returning Messrs. Mercer and Co.'s bill, which I did not espetr, as - -I said-in my letter I should be in town beinte it tell dire, and I do not understand why it should be returned for endorta. don previously to its acceptance, unless it were for the purpose of negotiation, which- would not be necessary in the-present instance, as you will see by Messrs: Mer cer's letter, which shall be produced to you with the bill, to show the general post-mark." The deenclant, however, did not endorse the bill, or return it to the plaintiffs, and hews came from India that Messrs. cers had failed. Mr. CAtarsatE contended, that'an acceptance was a contract thit Could riot be implied; no negligence,' de. fault, or misconduct, could amount to h. • It was for merly held that if a bill were sent fie:acteptance and kept an uneason.ble length of. tittle - by the- ti;aster, such delay would amount to at acceptance; that, how 'ever, was not now the law s No man could be held liable as un acceptor unless he undertocik upon the bill. • Ac. ceptances were either 'atsolfite or conditional. 'I he fetter the plaintiffs Tent s on receipt of the bill, clearly *did nor amount to the absolute acceptance ; it supposed a condizion.tt If you will endorse it, we will accept it.' Wyss antra conditional .promise,. andthey were in no situation to 64 the bill- to their' advantage in this it ac. ebunts'with Mecca and Co. until they had accepted it. It Kg's a conditional Offer, and the condition was not only not peifotmed, but the letter of the defendant, of the Ist of IY:ceinber, was a disclaimer of that offer.—. Was it Merely to save postage that the bill was not et. clo.ed in that !titer ?. TAtlO.v:ould have been Scotch economy, indeed ! If the - Zefendant* wished to save Is. 20; he was hot to do it at the risk of Messis.' Tarbutt. By that letter, he allo:ted that this bill hid been ac. *cepted:' The plaintiffs . 'levet credited the . defendant with the amount, nor did they eve; debit Mgus. Mercer land Co. 'titbit ; not did they make any fißty of it in slier books... o - • Lord Timmons said, that the question was more of fact than Of law. /1 the Jury were of opinion thatl e whole transaction amounted to an undertakior the part of the plaintiffs to be charged would find for the defendant; bu they had made themselve s responsible plaintiffs mustreeavei. • ' • To a question From a Juryman said, it had been held in some of 'snise alter the bill was doe, that amounted to an Acceptance. A Noiralent to au acceptance bat A•crile . . • 9 i 1 a . 1 .4 -- . 1 • 4. ... : • I ° t I I 1 , . •. t . • , . 1 . 4 At 1, ' • II N., • , •• :. , i • i an undertaking r n the ged as acceptors, theT ut if they did not think insible as acceptors, the an, Lord Teurzurnsm F the cases that a pro- it should be accepted., promise to' age t a proniite to z : • a • c I • I rt Cc I 0 di. e • • re w nt i at A• he N or I•. • r et rd a pr 'r r a