The Statesman. — London, England, 1809-12-01 00:00:00

II UP ~"' -~ Ia his nit Mr.'g this is OA tot ft bid a tritiii . lisitf Mid Aim ihey. had telt" ft in part Wf siat dl an old debt. • The A. terney-Gensmi maisstaino.ll.mas impdlesible fOr ma esscAstwitt kaiser to gotecretlit for so much, sign. pileity Nis this tAvitlepian assumed, when - he de. cared thaA Ira Awy .pot that the sonsidjration wiafor tbA .ttitei.end-if he did.klponl. it wititin possible. fer kink tts vmtpsiir in . fisibactron. gaPti!ntsluei• books wets e then seat. for, in order to we pisetiser be bad been concerned few Mews. Wald, on she occasion of the composi_ doe between Messrs. Kirby and Co. and their cre ditors. No entry,apjseseed in the book upon that sabject ; but Lord itt.Lastionotion, after lu'bk. ing nj it for some tune, observed, that. Mr. Birkit had made charges tor, and appeared to have been buoy in, settling little aims of money for them, in getting in and arranging the payment of Small debtsdue to them; he appeared., at this time, to be , employed in the business of collecting debts for them, and in arranging' the mode of the pay ment of them. Two of hi~ clerks swore they isever knew that Mr. Birkit had any thing to do *int, ork.sd know. Wee of this deed of composition between Messes. Kirby and Co ! and their creditors. It appeared also, that when Mr. Birkit took this note, it had only four syiepths to run. Mr. PA admitted, that if Messrs. Ward were the Plaintiffs in this action, they could nut recover upon this! moo, because the consideration' of it was 111Pgal but as to any knowledge of that illegslitp, Mr. Kirbb, upon his oath, must posi. lively denied it, in his answer in Chancery, which answer the ttorney•General had made evidence by reading.* pass ,go of it. Vote Mr. Park read the denial, which was as complete as possilile, Emil thin contended it was . tots murk to bootie wilful and corrupt perjury' to this Gcnt!cman and his two Clerks, who were . perfectly disinterested in the question, and de ;vended upon their character for their success in life: • Lord Et.Lermeneves told the Jury, that the whole of the answer of Mr. Birkit to the bin in Chancery, wets competent evidence, but all the parts of it were nut equally credible, because 100111 suspicion naturally attached to those parts in which the party had an interest, • than to those le which he was perfectly indifferent. Tee svelule qnestion depended upon thin — whether • Mr. ear_ kit did or did not know the consideration of note;this fie; if he did not, then be Yield recover. There vas certainly ; full and explicit denial, on his part, of an knowledge of the consideration of this note; but although all parts of the answer were equally competent, they were not ail equally eredibk, far the reasons already stated ; sod the guano'. was, whether they believed all that was stated in that answer or not ? It certain le was an e xtraordinary. tilitig.to. take as payment for his th•bt, a note payable at twenty-one months after date, although it had but four mouths to run . whets he took it ; it might have beenthought that be would necessarily h ire ins tired into the cir entestancts of such a stole. This ady body would do mOst naturally, stud an attorney was not, or. distarily, less argot in imatt rs connected with his own interest, than any other mall ; there was here, however, nothing to ;trip this gentleman of the ordinary credit which is die to a man's oath, hut it was inure recuncileeblu to the ordi nary plahability of events, that when he was offered a bill of twenty-one mouths after date, he should have inquired into its circumstances, than that he should have taken it without any in puiry whatever. The verdict depended entirely dp Gee firms:stance—if the Jury believed that GMs Plaintiff did not know the consideration for . this note, be would be entitled to a verdict ;if they believed that he did know it, the Defendants would be entitled to a verdict. The Jury, after tome consultstion, found a verdict fur the Plaintiff, damages 1731., including interest. lint Ise iOl A UDELL, FSQ. V. FERMOR, DQ. I I Mr. W 11.414,44 stated this to be an action upon poAt obit bond,, comfltioned for the pay. mem of bad. with interest, upon the death of the alendant's father, an event which hail happened some time sin& ; but he waa to submit to his Lordship, that he was to be let in, to prove the execution of the bond, by' secondary evidence. Although he could not prove that the attesting witness to the bond was dead ; the at testing witness to the bond was an attorwi, of , the name of Wrangham, who .stood charged• with an offence atlectiug his life; he had ab., sconded, and had never been heard of, and there fore he submitted that he might prove the hand writing of this •attesting witness, as a proof of the elecutiost of the bond ; and this, he sub mitted on the authority of cases, one in '2 EasT. IS. Condest v. Sefton, in which the Court Beech had held, that on proof of pro per- inquiry being made for the witness, and he ctaunt b:. Lund ; the secondary evidence, that is, of 1,r,,,f of his baud-writing, should be ad. alined. Iheie was another case, in Mr. 'rave-' Tux's IleportS, I, Crosb# v. ferry, in the Com mull Pl ea s, where the Court held the same doc trine. It had been held also by Lord 11. t es. WIELD. sir. Pai,ee (rioted a case in 12th Modern, 607, where my Lord Ilolt went to a greater extent on the admission of secondary evidence. Lord EcLcsisottouott said, he remembered Mr. Deanne:4, when he moved that point before Lord Mansfield, doing it with some doubt as to its propriety. Ills Lordship said he should receive the proposed evidence on the authorities which bad been quoted, Init he should watch it closely, fur the principle was most dangerous if extended, fur the only witness who knew any tiling about the print, might be sent away on purpose to let lb secondary evidence, to the great pe r il of the doe administrat of justice. It there appeared that all due diligence had b e es used to discover Mr. Nlrrangliam, but with out effect ; that a Commission of Bankrupt had Issued against him, to Which he had not appeared, by which babas iecurred the penalty of death and - 17 ;.; TAW frATllle MAN. - .siaiirp4:ol44oll , Auli W - O*: 0 1 0 ; f ora Aaail-vsWesog, as Asa**, wit -41 114 bbna, epos which * verdict was,givea for the Plaintiff, damages isassaaikst • • 1111TWARDolf. ' This was en action upon.* Bill of Eashange for 1501. payable et ail masks After date, draws by the Plantar and accepted by the Defendant. The ArtOR I NIIY-GINER , I F. 'said, that Ibis' Will very plain can. It was indeed said, that the Plaintiff had received 801. in lieu of the whole de. mand ; 801. he had received, hot not is lien of his whole demand, nor was there any reason for his bring satisfied with any thing lest than the whole of his demand. DIr.GARRow, on looking at the Bill, discovered that it was on a SLAIN) or two shillings, which trhonitl have been four, as required by the late Stamp Act, being above one hundred pound'. He therefore.objected to its bring read in evidence, observing, that the circumstances of the cue jus tified lam. in taking this objection. The objection was fatal to the Bill ; bolt the Attorney-General said he could prove the Plaintiff's case, upon the account of goods, sold and delivered, and for which the Bill was given, for which purpose he called Mr. William Peet Heyward, the P161'161'5 son, Mr, GAgnow asked him, whether he was not it punier ,with his father ?—lie an.wered he was. Whether,,he was not in ,:ich partiv.risltii) at Ike lime •Ikese winds were sold !—He said he wee, and tiseief•pre he could nut he eaamitwsl as a witness ; and as there was no other evidence, the Plaintiff was isonsuited. . ti7•lllilWiltit -44••••-- EcoarrAmizo mu ova PAPIE. 'OA YPIIIIMIY:1 . . Subseriestle to lbs fith of June, the coalmen'. cation to be made to Lord Cestleniagh was, that au arrangement was in contemplation fora new distribution of the business of the War !Alpert. went: With respect to this communication, not only was the restriction upon your Lordship nut inde finitely continued ; but your Lordship actually received, on the 28th of June, an injunction to ovuke this communication to Lord Castlereagh at a period distinctly specified, viz. the sailing of the Ezpedition. And this injunction wis only an. perseded by a voluntary act of yqur Lordship's, your tender of your own resignation on the 12th of July, as the basis of another arrangement. During the whole of the period, from the ‘2Bth of April to the 12th of July, the concealment practised towards horst Castlereagh was either without my knowledge and contraiy to my bile, or it was against my earnest remonstrances. It was without my knowledge and eosiirar; to my belief, up to the week in which Pa Lament rose ; and from that time forth it was aksuist my earnest remonstrances. Even when I I •arnt, in June, that the cornmii iiiraUon ha I not been nick by your Lordship in Lord Casticrea4h, I did not learn that you had been prevented tram making it by any absolute r.strirtiun. not ell the month of July, in the course of the dismiss. ins which toek place from the 13th to the 20•11 of that month, respecting the prapesal for g the now arrangement to be found. ed on your Lordship's resigostioa, audio/. leaving to your Lordship's discretion the time of disclo. sure to Lord Castlereagh, that I learnt that the silence which you had hitherto observed towards him, had been imposed upon roar Lordship by the injunction of the Duke of Portland. I did nut till then know with whom the concealment hither to practised had originated; I frankly own that I thought it had originated with your Lordship ; I was anxious, above all things, that it should not be ever suspected that it had originated with we; or that I had been a consenting party to it, or even (till a late period) conscious of its existence. • In my correspoudenee with-the Duke of Port land at this period, therefore, at the seine time that I resisted the new delay then proposed, I dis claimed any concurrence in the concealment which had been hitherto practised)—and requested ". that it might be remembered hereafter, ellenever that concealment should be alleged against me i as an act of injustice to Lord Castlereagh, that it did sot originate in my suggestion, that so far fro:n desiring it, I hail conceived (however erroneously) par Lordship to be the sere channel of commu nication- to Lord Castlereagh and that up to a very late period I had believed such communi cation to have been actually made." The-Duke of Portland in answer acknowledged my repeated remonstrances against pm conceal. went; stating himself at the same time not to hate been aware that I had at any •time believed the communication to have 'been actuL'lly made ; but assuring me " that he should be at all times ready to avow that the concealment had originated with himself (the Duke of Portland); that .he hied isijoined it to all those with whom fie had commu nicated, from motives which he was at all times ready to justify ; and that he was desirugs of [ak in whatever blame might have been, or might at an time b., incurred by it, upon himself." This, as I have said, was my first knowledge of any restriction whatever upon your Lordship's eimentiiiication to 164 rd Castlereagh. If I a::i asked take 1 believed your Lordship to have actually ma le toe communicetion, I answer, because it was natural that yeti should make it ; because the especiation 01 .your making it was the motive allied induced me to desire, (and I did desire) teat tae communication teiciiild he nrade•to your t r ued hip;—because tee manner in which you first received th.ilcoemiteneation (as reported to me by the Uuke of Port in 1) tendial to contact, the belief that your L trashy was the fit chaeuel of cointutioication to Lor•I Castlereap ;--41.1 be. cause I &new not of 'the existesicti of any impedi. =eat to your pursuing what appeared to we (mid does still appear to tor) the natural and obvious course to be parsuetrupoii such an occasion. If it be objected, that I ought not to have been contented with prissuesiag the disclosure to - have been made, but . °ugh , . to have diligently aster. taiued that it wai su ;—first, I answer—that no person naturally sets about 'ascertaining. that of which he entertains no doubt secondly, answer, that the snoment that my suspicion of the fact was excited, I did set About ascertaining the truth ; and that.upon ascertaining it, I did re monstrate iu the strongest manner against the con cealment ; and enforced that remonstrance by the tender of my own resignation. It was on the 2fitti or '27th of .June (five. or tie dip after Parlialiteut rose) that I discovered my suspicion to be founded.—On the 27th 1 fall4lll, strated.—On the 28th I tendered my resignation. --And in the course of the same day, your Lord ship (as I have already stated) received an injutit!. lion to make•the coinniunicatiun as souu as ihe' Expedition should have sailed. The second of the two periods to which your• Lordehip's statement refers, begins front tile filth' of July, the day of the tender of your Lordship's, resignation. It does not appear, nor does your Lordship's statement aver, that at any time deriag this se. coud period the restriction which had uriginaliy been imposed open your Lordship was ; or that any other existed, except that whicloyour Lordship had imposed upon yourself, mid which was therefore no longer binding upon your Lord ship, than while • you might yourself be willing. that it should bind you. • :Of the mama to which this self-imposed restr/r -tion appears to have guise, I had nut an) suspi cion. I knew, indeed, theft your Lordship had stipulated to keep the time of • the distlosere, to Lord Castlereagh, in yoisr own hands; but, sub sequently to my being made acqUainted with that scipulation, I had received the assurances, which. 1 1.01% DUN Pn. trd :Iliad POW*loci By H. Lul* ...t., it ire Sratsv4.ts U. rte %. b:, 'lees-,treet. DALE V. .1 %was *u.sov, •Ex. Mr. Gattitow slated thi4 to lie an artien upon • Bill of Exchange, of *lnch the brfc•ndant's son was the drawer,. and the Dere•tdtitt himself the acceptor. This, after some little diSculty was proved by t•vo witnesses one of whom was Soft of the De fendant, but not him who droll, the The ATTORNET-G EN IR AL, for the Defendant, said, that the Defendant's son was a publican; the Plaintiff, Mr. Hall, was connected in a brewery, was desirous that Wilson the younger should change his brewer, and deal with those, with whom he, Mr. Ilan, was connected ; and pro. raised' that if he did, .he would accommodate him with the loan of a sum of nfoney, provided . his father would accept a bill of, :change for the sum, which was one hundreit.pounds. The money was lent, and • the • father accepted the bill. The parties. all met at the Carolina Coffee. house, where the whole transaction took piece ; hdt before the money was advanced; Mr. sail t., Wilson, the younger, • ' 1 Nis man should now li nil money it five per-cent,•interest ; I can make ten of it in trade, and therefore you. must giro me ten per cent. The way we should do it is this ; I will give you the whole sum .of one hundred pounds!' then you shall give back five rounds, and give the bill for one hundred pounds, and repay we with interest at five per cent. This agreed to, the parti.c all met at the Carolina Cof. fee-house, where the money was lent to young Wilsons in the father's presence ; thee; young .on and Hall retired into another room, where yonn4 Wilson gave hack to Mr. Hall five pounds as stipulated, and then they returned ; when Wil son, the father, knowing nothing about the live pouli•ls returned by• his son to Ilall accepted the bits. %%lien this case was proved, the ver dict must be for tile Defendant ; for Ow Bill was concocted in usury, which male it waste !taper, even in the hands of a bona fide holder, without notice. But here, Mr. Hall had no reas , in to corn. Main, for he had thus acted usuriously with his ryes open. • James Wilson was then examined, and swore to the facts positively and exactly as they worm opened by the Attorney-General. Cross examined by Mr. G A snow—lie said, that nobody hut himself was present with Mr. Hall when be received hack the 51. nor did any body hear any part of the contersatien between them, hitt what he said was fact—" My father (he said . ) is a farmer in South-street, Ponder's End.. I have enough to live on without any thing." • But, being cautioned by his Lordship, and apprised of the danger of persisting in it, he said; "1 hare no property--I have wined my kilter more than any body else—l broke about ten or twelve months ago—it was through the connection I had with Mr. Hall that I was.reined—not keeping to their engagement, they pet an execution into my house, and that ruined me. I live near Mile-end turnpike now ; I work•for my brother, who is a sugar !caper ; my father bad no port °lithe mu hey ; I paid it to my creditors. I cannot say in what notes they were. There was no paper giving any account of the amount of the notei ; Me counted the 1001 and there were 51. notes among them. I gave one of them to Mr. Ball.' I bare no books of account." Mr..GARIIiOII contended, that all this evidence was perjury ; and if it was credited in a court of Justice, no man living would be safe is any of his dealings, but would be liable to be undone any hour of his life. Lord Et.t.txsoaousis said to the Jury, that the whole guidon turned on a single point, which *as, 64 Whether this last witness spoke the truth, or was perjured I Übe spoke the truth, the bill of °schwas Os destroyed by. usury, anti the De fendant would be entitled to- a verdict. If be did not speak the truth, thu bill was good, and the Plaintiff would be entitled to a verdict. It was a pure question of credit to be given to a witness, and the right of deciding on it was peculiar to a Jury ; to them, therefore, he left it." The Jnry deliberated for a few minutes, and found a verdict for the Plaintiff, damages 1001. But Mr. Garrow desired it to be entered up for 9M. which was accordingly done. COURT OF COMMON PLEAS. Yesterday Sir JANES MANIIIPTILD sat in Guild. hall, sad heard several cases at Nisi Priem They were chilly far assaults, and or, little publin lute. rest. TheCtiurt siljoismed W Friday seat. , • I hue sliody.deurlboil i OM beiiilf of " 1,,,r,i Castlereagh's fripsde;" hid relied upon those adurateee& It twits lot till the - tith of September, that i leant that these assurances had nut been carrio into cffeet. It was not till the itlth of Septettiti., that 1 learnt that your Lordship had been party to them. Then induct, I learnt that yule; Lordship had not only " not exiaged" to mak, the communication presiuusly to the " issue n: the Expedition being known here,']—but that July you had " stated to one of our colleagues' (nut the Duke of Portland)—" soh? ;sat urgin s an earlier cosaminkation, that the time of cm. munication, so fa! as _you were euneerned, es: for you to decide ; but that no one had a right t., say, you did nut perform Out part in the tratisae_ tion in which you were concerned, 'if soil did „ et open Nnur lips to Lord Gasiteregglt before Ile ii.aue of the Expedition was kiw:;:a This information I received from your ship, in a letter dated the 19th of September. It wis then perfectly new to me. I leave your Lordship to jud o te what tnu,t have been my surprise, when,' after receiving fr.eo your Lordship, un the evening of the ly•te „i September, this frank aiuwal of the rest I ,ricia of the eenccalment maintained, during this 1 4k5 311th aloft important pea iud, tuw.tr IS Lord C as tl e _ reagl4, I received on the Niue int; morning Lord Castlereagh's letter of the same kite, m eking roc rt spunsible f.tr that cultemilmefit: , I have not to trouble your . Lordship with any farther obse'saliuns. I have confined myself to ;natters growing out of 1,0111 Castlereagh's later, and uu of suer Lotilship's statement: on those alone have I any right to claim your Lordship's at. tention. To this address to your Lordship I have been compelled to resort, however relurtaney, to win dicate my private honour. As to any nas4es against my public conduct—this is out On mode to reply to them... 1/ atv 411141 small lee brought against ose,, at the proper time, and in the proper place, I-shalL be prepataLto..repel them. . I have the.bapaar to be, With.gteat respilit t. mj Lord, Your Lordship's most obe&ent rutoWe!iervaat, tr.:Cottull CANNING. Extract of a"tetter (ruin Bombay, dated Jima 13.—" . TIVC, rapeditiuos are about to soil from hence, ono under the orders of khiptain Edgell, of the Cornelia frigate,:tiouhased of WO men, half British troops and half •Pintires. They proceed with evc(y.thiug necussery torefatioejtlcierit on 4 Island of Roilrituesi which it if tlitilingeation to take. gomession tif,vhk_iiistkr to dislit:salku Isle ut : Vrance ; mi it •firlit' add great .facilply to the blockadoi. and-ww-ittsjieltibis:intenilett as tlitihrst step taw:eras a mote etfetehal elan. /LB tAe troupe take their .families - wkh them ; .tib military ; part .if- the I.speditiost .11; 'under ilif command of culonetKeating. Tbc other Etilitlilioss will pro.. Lushly be subject toinsire *very ditty, &Aug des tined fur an attack on the Pirates in the Persian gulph, who arc as desperittc as latex hive become foriiiiciahte. . They ' tatelf best '.a IF, captured a squadron 6ttedout br i l hilj4iitioiU Nitnajt..... .This Ekprditiou is benneaPthe ktucii . to order .of etit Cu!ooel Smith, of the 65tit i vt4inent„whisOnksta whh him his own corps, and a dtielieingt of oa tires, with a quantity if Itttiilety . : CAptyn :Weis wright, of the (Aeons; superinteudslko naval ~. part of the Expedition. .. . 04 iattirday se'unight, Thomas Tomlinson, a young man, about 24 yeais of age, a ii4vate in the Oth Carbineers, quartered in Leeds, pet a pe riod to his eaistetice by discharging *pistol through his head, *inch occasioned his almost inotantane. ous.death. It is supposed that the leer of disgrace Impelled hint to the colontistion of this dreadful act, which is much latueoted by his regiment-, fur although young he had fought with distiu. -‘4uislical gallantry the battles. of his conntry. Oa the same eveuitig a Coroner's Isquest was held on the bud), and a verdict returned of fete de tc. The cocoa's, in consequence, was seised by the ci vil power, and lodged is the prison until Monday night, ashen the remains of this unfortunate young man were taken about the hour of midnight to • short distance (ruin the town, and buried pin the hoses usually appropriated to this purpose. The body had scarcely been committed to its ignomini. ous grave,- when some of the military, impelled by an attachillent fo their brother soldier, and en couraged by the populace, jeuiped into the grave, in the presenee of the civil officers, auJ finding it impossible to get up the eta', entire, they tuuk or the lid, raised the corpse from the grave, and afterwards took up the shell, in which the budy was again deposited, sod carried it to the aces bu rying-ground at the parish.church, where it ass bootie& with military homier,. 'o age, supposed to be the murderer of Mrs. • Stxligg,, has been apprehended. He was tle corbred near his father's house at King's- Brump ten. Ilia name proveS to be Tarr, not Gage. Ile ran away from his'apftrentiieship at King's-lining'. ton about Midsummer last. On being apprehend. so part of the prelverty whatever was found oil him. A Act indergoitig 'stet:rat strict examinations before the Magistrates, he persists in his innocence. Nothing appears aguinst hint except his elope ment ; which tie accounts for by asserting that :he our two . men cumo %into the court-yen!, on which . .he Nit the barn, atid ran away, being afraid l'that Otiose'. persons' cane' to . apprehend hint fur lately riding a horse, and throwing it down, *hick horse is since dead. At tite 11111, Norwich, en S wader, there was a better shew 6f lee; 43eis:s -was expected, considering the treat•s.tles effected lately at Hemp toe.gieets: SeVera! lots o erc sold, and at such high prices, sit . tvinlictl those obtained at llernpton, which havekbeen considered almost, if nut entirely, utter. C.dented. There was nu fat 'Beef or :Hatton, but seine store Sheep were exhi. 'bited, • and a good many of the L trhU-pens were Ned, and 'moth holiness transacted. There were also many C?ws atiZl talves, buttiot much worthy the Atentieb of the. buyers. Hogs' were fury dear and scares-. . . . b