The Sun. — London, England, 1802-12-29 00:00:00

L.NV .REPORI. COURT Qt? COMMON PLEAS, Dze. 16. WISINGS BEYORL LORD ELLENSOROUOH ANU' A. SPECIAL JURY, IN GUILDHALL, LONDON. NI/CELLA 1,. DENNYS AND ANOTITER. As several inaccurate and erroneous reports have been published, in the Newspapers of the Case of Nucella against Dennys and Another, tried at Guild hall, on Thursday the 16th inst. before Lord AL VAN,LEY and a Special Jury of Merchants ; and as this was a cause of great importance to the commer dial world, respetting the liability of Partners, it is thought proper to give the following account of it, which may be depended on, the fads being taken from the notes of the Short-hand Writer who attend.. ed the whole of the trial. This was an Aefion brought by the Plaintiff to recover from the Defendants the value of soooi. 3 per Cent. Co6sels, lent their House in January last. Mr. Serjeant CocKELt., in opening the Plaintiff's Case, obse,rred, that for some months previous to the loan/John Hatfirld had been the active Part. ner of a respeCtable house of trade at Tiverton, of which the Defendants were Partners also ; that he was an unsuspeCted character till he absconded in May last, and accidentally met the Plaintiff, who was formerly at the Bar, and is now a Merchant at Hamburg, in Autumn zBot, at a mercantile house at liirmtngham, for the first time ; that soon atter he introduced the .Plaintiff to the Defendant Den pys, the senior partner in London ; and a merean_ tile transadion took place between their two houses; that the Plaintiff was introduced to several of the Defendant's mercantile, ‘conneCtion,s by Hatueld, who being the sole and acting Partner in London in January last, requested the Plaintiff to lend his house a sum of money or stock, which he did, by transferring to his name soool. 3 per Cent Con sols, whereupon he gave the Plaintiff the following undertaking : London, Tuesday January 19, 18(32. • acknowledge to have this day received from Edward Nu cella, Esq. Five Thousand Pounds Stock in the 3 per Cents,. Consolidated annuities, which I promise to replace on de_ land, with legal interest, for DENNYS, HATFIELD, and D&NIVYS. JOHN HATFIELD. After the words, legal interest, were written " 4. per Cent on the real capital of 35001." He further stated, that Hatfield immediately transferred the Stock to Mr. Barnard, one of the Partners of their Bankers, Messrs. Baron Dimsdale, Sons, a nd Co. :with whom Hatfield had no private account, and that the produce of the Stock came to the Partnership use. The material, fads of this Case were fully prov ed, viz. Hatfield's .being the ailing Partner in London; the mercantile transadion previous to the Loan ; the transfer of the Stock from the Plaintiff's name into that of John Hatfield, 'in January; the undertaking 'to Hatfield's hand-writing . ' • the immediate transfer of the sane Stock to Mr. B. Rik - tiara ; that'. it vas sold out by him on the stli Febr;rwry last, and its produce s+Bll. 53. • placed immediately to the credit of Dennys, Hat_ field and Dennys, in consequence of a postscript of Hatfield's to a letter dated ; 3th February from the House, directing Mr. Barnard to sell my soool. Stock, and place it to our account ; of which, he advised them by letter• the same night. That the account of Dennys, Hatfield and Dennys, with their Bankers was in arrear, at the time of selling out the Stock; 20001. arid upwards; and that Hatfield had no seperate account with them. The regular service of the notice to replace the Stock was also proved. • Mr. Serjeant SHEPHERD, for the Defendants, began his Address to the Jury, by saying, be ' should abstain from making any one observation that might hurt the feelings of the Plaintiff in this Cause. With regard to himself, he could truly say, he never got up in a Court of justice to plead against the interests of any Gentleman, with more regret, than he did against, Mr. Nocella ; but, feeling that he should be unworthy of the gown he wore, if he could forget . the important duty he owed his Clients, he must not, from tenderness for therfeelings of the Plaintiff, spare any observation that might arise from the Evidence laid before the Jury. He then proceeded to state, that the Plain.. tiff had been very intimate with Mr. Hatfield and his family, and passed several months with them at their house at Washfield. That there subsisted a degree of friendship between them, which there could be no doubt was sincere on the part of Mr. Nucella. .He did nor mean to say, that the Plain tiff had imposed on the .Defendants, or any thing like it : or by any means ,to impute to himohat he intended, knowingly, to forward any of Mr. Hat. - field's fraudulent pradices : but he had been im posed upon by that man as the Defendants-were. 'The Caseshe was instruded to lay before the jt.ry was, that Mr. Nuceila iutended to lend the Stock'to Hatfield only,. to make part of the capital which he was to bring into the partnership; and never thought originally of lending it to the House : but was" now attempting to fix the Defendants, through the medium of a.. Rule of Law. That the Defendants knew nothing of. the loan till May last, after Hatfield had absconded. That originally the instrument was signed J. Hatfield only, and that the words Denny: and Denny: and John Hatfield at the bottom were inserted after wards ; and that - the word Hatfield, between the words Dennjs and Dennys, was written with blacker ink than these latter words. That the interlineatibn of the words, 4 per cent, on the real capital of 35001," was the Plaintiff's hand.wtiting; and he insited, if - those words had not been inserted, the . • contrail. would have been usurious. And he should prove most distinctly the instrument did stand oti ginany with legal interest, and w:-bout the words 4. per cent. And lastly, he should prove the Plain. Jiff had said, he had lent the 500°1. stock to Hat field; r:nd that he had lent it to Hatfield, without the ..nowledge of the Dennys's. From these fails, he took two grounds of argu tr.lent against the Plaintiff's recovering in this ac- '? airy and healthy - mat on, three •cicors rrom Square, of which Mrs. 'Caoss has a ke.4•; aod in which the Young Ladies' walk as often cony;,_ , nience and the weather peraiir.' TerMs—TheYoung" Ladies are boarded, and taught the English and French Languages with 'grammatical purity and corredness, History, and the .Needle-works, for Twenty-eight Guinea's per annum, washing induct_ ed. Parlour Boarders, Forty Guineas a-year ; Day Boarders, Three Guineas per quarter; and Day Scholars a Guinea and a Half. No Entrance-money expeded either from Boarders or Day Scholars.— Writing, A r ithmetic, Music, Dancing, Drawing, Italian, Geography, the Use of the' Globes, and Astronomy, taught by Professors of eminence and established merit. - Mrs. * CROSS may be spoken with, or directed to, at her . Seminary, No. 4, Christophersirect,. Finsbury_square. This Esta blishment consists but of a small and sele& number of Ladies.' SiHP NEWS. GRAVESEND, DEC. 27. Past , by—the Mary, Mal4am, from Dunkirk ; Two Friends, Voie, froth New-York ; Hope, , from Dort ; Two Brothers, Spandrzrinan, and Willi.ern, Prank, from Rot terdam. - Sailed—the Venerable, Kidd, - for Jamaica ; Eliabeth; Smith ; for Dublin; Fredetick Ludwig, for Antwerp ; and the Neptunus, for kottzaiam. BIRTH. On the z4th inst. at Bath, the Lady of Colonel Monro, of a Daughter. MARRIED. On Monday last, at •Old Windsor. ClirCh, by the Rev. Edward Dowdeswell,.Capt2in Codrington, of tilt Navy, to Miss Hail. Ldst week, Robert Foote, Esq: of Charlton-place, near Canterbury, to Miss Keppel, youngest daughter of the HOn. Mrs. Keppei.• On Tuesday se'nnight, of Barwell, in Leicester, John Pearson, Esq. of Tettenhall, Staffordshire, to Miss Hooke, eldest daughter of the late,George Philip Hooke, Esq. Lieu- tenant-Colonel of the 17th ! Regiment of l'bot. On Tuesday, the, zd inst. the Rev. John Riddoch, Mini ster of the Associate Congregation in Coldstream, to Miss Elizabeth Newton, of that place. NAVIGAtI.F.'6.k!4 T,O7I6 . OIIMYCY .0 11 d GLOO ASSURANCE SHARES. • • . MONTHLY r SALE, - By Mr. SCOTT, On Friday, Tan. 7, 1803, at Twelve o' Clock, a'fGarrawAY" rrIFIE GRAND JUNCTION and PADDIN G : ; ..TON Original Shares, Half Shares, and Opt''' - L'oan, bearing 5 per Cent. Interest. • rd The KENNET and AVON CANAL, Original .and New Shares, payable by Instalments. The LONDON DOCK, Two Shares of soci. each, i• per Cent. paid, bearing per Cent. Interest.' The c; LOBE ASSURANCE Fifty Shares of zoL ea cb• Particulars at Hatchett's Hotel, Piccadilly ; at G' Trl : way's; and of Mr. Scott, Ludgate Hill, w h o i s corinnts';' r* ; ed to dispose of Canal Property and Es ta te s by Private "" trad. CAPITAL NAVY TIMBER. TO BE SOLD BY AUCTION i By Mr.,RAINE, • At'the Rainbow Coffee-house, Cornhill, on Friday, Jan' at Twelve o'Clock, in about Twenty Lots, Q EVEN HUNDRED and TEN very prime erit TIMBF.R TREES, many of which are of great dia l- as sions„ fit for the principal Pieces of Ships ot. a large size, well as several prim e b utts o f C oopers ' Ti m b er , o f t he ro° l valuable sort ; lik ew i se ot h ers f or H ammer an d EniV oi Be.7lins, Miils, & a . now blazed a n d scribe-marlwl, at standing in one Wood, containing about 150 Acres, Ca Frydinghtirst Coppice, between the two Turnpike R°'td leading front podalming to Hasleinere, artd Godalinirg .very conveniently - situated for both Lanai -Water Carriage from. Godalining Wharf, distant thercf:r ci al only eight miles,, and about one to the Turnpike R 0 37 ,0 111 either side"; twenty from Arundel and the Sea, thirty t Portsmouth, and foriy-throe from Twent Acres of Underwood, a part very full.a.Hoq` Stuff; Toles, &c. • Likewise, a numbe r of•rineßeech Tircy near Croat Berittlanisteati, in fkrtfordiliire: fames'and Edward Lawretue.; who ')•esicie in the House in the centre of the Wood, will skew the several I. 0", of Whom printed Particul ars ma y b e h a d • alai . of Thon w „ Ride, Mill Writrlit,, in Hasleinere; King's A ' rms,,GodalnliOg . White Hart, 'Quildford.; Norfolk Arms, 'Annulel.; SANt l i t ,Chichester ; Crown, at . Portsmouth ; at the. Rainbow ; ot Mr. Raine, Land and Timber Surveyor, Charlotte-sue" Bloomsbury. , ELEGANT SPORTING RESIDENCE AND ESTAIS. IN YORKSHIRE. TO . BE SOLD BY AUCTION, • Hy' Mr. RAINS, At the'Rainbow Coffee-house, in Cornhill , on Friday, bruary 4, at Twelve o'Clock, in One Lot, - - AValuable and very Desinible FREEHOLD ES-TATE, lying pertedily compad and well wareret refreshed `by the River Uvpscy; whir§ runs above grou t ' through part of the Lands, on w hi c h stan d s a most comPe; and elegant Villa, with every requisite attached and detach ed Office, well knoWn by the name of FALCONER' HALL, in the Parish of Foxholes, about halt a mile dis:an e from the High Road between Driffield and Scarborough, oi l ' s miles from the former ; ten from the latter,.and twelve fro , l; Bridlington; 'together with. an excellent Farm-house, wi t convenient Out-buildings, and sundry , contiguous Inelo;arr, of good Land, containing near Soo Acres ; togeti l er with El . ( Manor of , Boythorpe, extending over about too'o Aetis Ground. The Residence, Offices, and. about Six Acres°, Land, are in the occupation of the Proprietor, who will immediate Possession, and the well-adapted Furniture is 4, betaken by the Purchaser at a fair valuation ; th e rest of ty ‘ Laud is held by Mr. Nutbrown, by Lease, six years (21 ' which are now unexpired, at a net Rent of about S4Cii. To-be viewed till the Sale, by applying to Mr. Walt, Nutbrown, of whom printed Particular s ma y b e h a d.; a - . of the Printers of the York Courant and Newcastle AdIC „ . tiser ; Swan, Ferrybridge ; Angel, Doncaster ; of Messr s ', Caton and Beetson No. 4, Gray's-inn-sq uare ;. Rainho‘v.; and of Mr. Raine, Land ' Surveyor, Charlotte -str eet , bloorne bury. DIED. • On Sunday se'nnight, at Mount-Panther, in the County of Down, the Right Hon. Francis Charles Annesley, Earl An nesley ; Viscount Gleraw/y, - and Baron Annesley; his Lord ship having died without. issue, is succeeded in Title. and Estates by his brother, the Right Hon. Richard Annesley, now Earl Annesley, one of His Majesty's Most Honourable Privy Council, and a Chief Connnissionor of His Majesty's Revenue in Ireland. At the Hotwells, Bristol, of a deep decline, Miss Matilda Adams, second daughter of John Adams, Esq. On the Toth inst. in the 9 year of her age, Lady Wheate, relict of the late Sir G. Wheate,. Bart. of Luc lilade, G ccsterire. On Monday, Henry Stanley, Esq. of Portland-place, late Lieutenant-Colonel of the Third, or King's ow Regiment of Dragoon. COURSE. OF EACHANGE. TUESDAY, EC. Madrid Ditto Leghorn - - - Naples - - Genoa- - - - Venice - - Lisbon - - - Oporto - - - (,-/ Dublin - - 12 )3ilbga - - - 35! Amsterdam i t 7 2 us. Ditto, at sight it yi Rotterdam - r t 8 2 us. lianiburgh - 34 3 2 us. Altona - 34 4 z!, us. Parisi day's da. 24 '8 Paris 2 usance 24 t 4. Livres Bourdeaux, do. 24 1 . 5 Cadiz in paper' Ditto - 3si ettedive in paper - 351 elredive 491 4 1 + 4.51 STOLEN OR STRAYED, On Friday the 57th of December, from Mr.Watkins's, Porto hello Faria, Kensington, A BAY GELDING, aged, about Fifteen and a Halt Hands high, with high Hips and long Back, has been tired all four of his legs, and lately blistered of his two fore-legs—Whoever, can givp any information of the same to Mr. Pearce, Hind's Mews,Mary-le-bone-lane, or to Mr. Wa tkins as above, shall receive Five Guineas Reward, and all E xpences paid. December 27, 5802. To THOMAS TAYLOR, E,sq. No. g, New Bria,lge-Street, London Honoured Sir, Edinburgh, March IR, 1301. T BEG leave to inform you, that ever s i nce th e I year. 1790, I have been aillid'ed with the Imes Vene rea - which, from its obstinately resisting every course of MeCticine prescribed by the most eminent of the Faculty Here, and undergoing several seven: courses of salivation, and twice discharged ftorn .the Hospital, with little relief, would appear to be,of the most invetera t e nature. In the spring of last year my disorder had got to such a head, as nearly to put a period' to my existence--h had 'a large ulcer. on the crown of my head, one on each, arm,-and - my'legs were broke out in a frightful manner; my right was dread fully painful, and had been in a state of - ulceration for the last seven years; my left had also two large nodes on it, was very much discoloured, and gave me such excrutiat ing pain, particularly when warm in bed, as nearly to de prive me of rest ; in this lamentable state, I was _recom mended by Mr. j. Thompson, (who received so great a cure by them here), to_ take your Leake's Patent Pills, which I began to do on the 26th of May ; in the course of a tbrtnight, I began to receive benefit—in little more titan a mouth, the ulcers on any hezd and itrins were soundly, healed--soon after, the sores on my legs. - healed also; leaving, however, considerable discolovation in the skin, and pain in the bone of the lett, which, by the Bles - - ling of Corl, and a little lOnger perseverance in your niva suable Medicine, subsided ; the nodes (iispersiN, the skin regaining its natural hue, and the nocturnal pains gradually going thus became, by your liberal advice and Me dicine, pettedly tree front sill my former , complaints have recovered my former spirits and strength, and ant be curne jolly and fat, in which state having continued many months to the astonishment of all who knew me, I am at a loss in what terms to express my gratitude, but beg you, for the good of other suffering mortals, to make this my case as public as possible, as I shall on every occasion ; in so doing, you will greatly (oblige, Sir,, your grateful, obedient, very humble servant, ALEX. MU ItK ER. Swan's Close, Hight-street, Edinburgh. Witnesses to the above Cure: EXTRACT OF THE BRISTOL PAYERS. Feir the perusal Of those 4flliAart with Nervous C'omplaint sf I send you my Case, and hope to see it puhlished‘ SIR, 'TWO years ago I had a Miscarriage, which coi l ' • fined me to - my room for three months.- I. was attelti ed by a Physician„ who, after many consultations me-to try the Bristol Hot Wells. Being then in consultations, was impossible for me to undertake the journey, bc.:i0g, 3 3 % most reduced to a shadow, with lowness of spirits, vi , ”`: s ,,' head-ach, trembling, palpitation of the heart, alarming 1 1 0 teric tits, and the whole train of Nervous Complaints. Apothecary and Friends wished me to try your Nervous. C ° o dial : for their Satistclion com Plied ; the first bottle 1 113 „. no alteration in my complaints, but it procured me some tural sleep,. which I.had not experienced 'after nay LI-9 1. ;0 became so dreadfully affected: this induced me to coat i ' the Medicine ; to my surprize, I 'sobn fOund My- appeti:t 1. c 4 turn. I then undertook ray-journey to the Hot Wells, which place I wrote, to you for your advice. You re.c o i , ; mended me to take a five guinea' bottle of Nervous Cordstir as my complaints were so complicated, and would requ' o . the Medicine to be continued a long time; but t haol , s.- iir your Skilfand medicine, hi about two monthsl Was s° it recovered as to walk:and take exercise on horseback. now IS months since I ,have taken any Or-your Mecticrt.e , i o. haVe remained perfecily well ever since, without any _ of my disorder; - am now going to,lreland ; when I l'c 'lru jo I shall :sett le in-London ;.will then pay my respects person, and give my address, Where with pleasure I NN'," zesty any inquiry. ' I -am, Sir, your obliged humble Servant l, Bristol, May 'Soo. SARAH 13.11K`do The Bdtanical Syrup and Nervous Cordial to be had a t i ft e-. Doctor's House, No. ‘ 9 Albion-sttreet, seven doors hoi st 0 . Lc:verian Museum , Blaektriars-bridge, in bottles at ".2. 5 • 6d. end 5..). od. Also, of Golding . , _No. 4z, Corcihill t tr boult and- Co. late Bacon),. No. x tord-street ; ' 1 ,1; Royal Exchange; E. Newbery, corner of St. l'aul's Clit'! l ; t o yard ; Boultor, Royal Exchange; Mr, Wicilers'i lz Cockell's) Medicine A'arct,holise No. 2.29; Strand, • To rn ri l i Bar ; and by most Booksellers and Medicine Vencierti,, the three Kingdoms. A .zzs. bottle contains equal to small ones. • No. Z 9, Arundel-stri:ot, Sept. 13, r'e "SHE . impetuosity of •Passion,• and the' coi h l; dence of General Gaiety, must involve a cOnsid e r. 3 ,;(.. portion of the Community in the suintance of those D' A ''' 4 l. ders which are destined to be the punishment of illicit "!•VaA gencz. • ; • And since the time of Monkish superstition, no blainei jot attached to Medical Prattitionirs hit - the exertions of t skill in the removal of these Complaints. ,„ of As Medical ability caunot therefore be more usefo lu ae more respectably employed,. it is only necessary to bli a lf xvliere it may be most decisively depended upon. Len pry' not those who rush without education into !b e j trel tieeof Esefilapian Slaughter, but among those, wha , drILT regular initiation, converge their exertions to one „ ol: 14 concentrate their skill in the study and treatment °` branch. ' Mr. BRED, Member •rtf' the ROYAL COLLE - . SURGEONS of London; -and' formerly Surgeon b the A RMY, was entitled to make this Selection, and, W*,' s'cr sandion of unprecedented success for TEN Y EARS 1 4 r ac. he oilers restoration in Cases where the m6st eminent titioners have tailed. 0014 An insidiouS Disorder • may he contraded in an wig: p re. moment of intoxication.. By his Plan of Cure, pain,. e 'eon' vented, the possibility of danger is precluded, 'and 0- siitution is left Nat merely unifripaired, but absoluwtelY proved by the, process., „ r iflig? • The sultriugs of this Complaint are, however, 'gas are compared with the consegnence of that destructive s A re for which Onan suffered death. To those NV Ipse feellngs oc' susceptible of the misery which this pernicious habit ba casioned, it may be some consolation to know, that by: ow per perseverance the_ most deplorable Debility m a y " moved. And when the tone of the fibre is in the slightest deglint rr . laxcd, froin residence in a warm Climate, too much die or the habit of free living, timely application will 5° , 1 ; 11 10 progress of that Debility which might otherwise tend ; most btu' Disorders. ble Mr. 13ree may be consulted by either Sex, with insr,i°ll4oo secrecy, at his 'House, No. 29, Arundel-street, S trana Temple-bar. All Letters arc ex peCied to inclose a One Pound (on, `l'iinnirsosi. No. 3, New Poultry Market; and - JOHN M4INTOS:I-1, Old Assembly-Close, Edinburgh, Prepared and Sold by the sole Proprietor; - THOMAS Ti.YLOIt i , MeMber Of the Royal College of Sur. geons, at his House, No. 9, New Bridge street, London ; wnere, after a constant residence of more than thirty-six years, in a practice particularly directed to the cure of Venereal Complaints and those incidental to the l'artsot Generation, with that invii6lable secrecy which rri►'n 01 his profession sho , ild always observe in such cases, he flatters himself, the advice and assistance I e gratuitously administers to persons taking this Medicine, will be esteemed, by a discerning l'ubllc, as au advantage sel dom attainable and void of all anioiguity. • • Also sold, by- his am:ointment, for the convenience of those living at a distance, at the Pertitiner'S, No. 35, St. klban's-street, ; the Toyshop, 103, Ox ford-street; Mr: Disborough's, No. 7, lash-street-hill; Mr. Steel's, Bookseller, No. r, nion-row,.Little Tower. hill ; Mr. Baxter's,. South-bridge, Edinburgh; Mr. Mae donald, Glasgow ; Mr. Callwell's, Dublin; and by one. person in every considerable town in Great Britain and Ire land, in Boxes of only" zs. 9d. each, sealed up with full and plain directions, whereby persons of either sex may cure themSelties with ease, speed, secrecy, and safety. N. B. Every Box sold in Great Britain is seated up with a Stamp, on which, by favour of the Commissioners is printed, at the Stamp-Oilier —" T. Taylor, No. 9,, New 13ridge-street,"—to imitate which is Felony, and all others are counterfeits. LADIES' BOARDING-SCHOOL, near Finsbury square.—Mrs. CR.OSS respectfully informs. the Gen try, Merchants, and her . Friends in general, that her School will re-commence on Monday the r7th of January, and that she has accommodation for Five more Young Ladies as Boarders. She hopes that the flattering success she has' met with for these nineteen years, in educating the Daughters of some of the first Families in the City, to whom references may be had, will be no small recommendation to those Ladies and Gentlemen who may honour her with their patronage. The-house stands in a very LON t)ON L'rloft,' by HI:CHINA N L AN, (of liow-Strect, (;ovefir-Gar , ! .cn,; 1111(i Publishc,l by V 111.1. LAM RMt6RR SCK /PPS, (OrSOUM Nlolton-street, Grisvenir.zquale); At the StIN-Oi=FIVE, No, tit, Strand ; where ilavertisements. Qra'ors for the Paper, 441 03 for the Editor; &c, (post-paid), mast be addrzbsed. Ist, That the attack was 110 t leilt on the credit of the house, but to Hatfield on his private account. -2d,. That the agreement to replace the stock with legal interest was usurious. The Witnesses, and some of the Plaintiff'a let ters to Hatfield, proved the intimacy between them; but this was subsequent to the loan of the stock. It was also proved, that the words on the agree ment, 4 per cent. on the real capital of 35001. were the Plaintiff's hand-writing. But no evidence was given to prove that the instrument stood originally without those words, ' per cent.; nor that the Plaintiff had originally intended to lend the stock to Hatfield only ; nor that he had said he lent the soool. stock to Hat field ; nor that he had said. he lent it to Hatfield, without the knowledge of the Dennys's ; nor that the Defendants were ignorant of the loan till May last, after Hatfield had absconded ; nor that Hat.; field was to bring any capital into the partnership ; nor that the agreement was originally signed J. Hatfield, or otherwise than as it stood at the trial ; nor that the word Hatfield was written in a dif ferent ink from the words Dennys and Denys. Mr. Serjeant COCKELL made a. most able and forcible reply. He said he should dispose of the objeftion of usury, betore he touched on the other circumstances of the Case. How did the agreement stand? with legal interest. There was nothing. in that which made it illegal. No man could con. tend, that if the Plaintiff - only took legal interest, he meant to take usury. What did the other words import, viz. 4 per cent. on the real capital of 35001.? The Plaintiff had a tight to calcu:ate interest on what sum he" pleased, if he brought it within the dividends, which would have been, on the 50001. stock, tiol. 'This he did ; flit his cal culation make , it only 14.a1. Is Mr. Nucella, there fore, a man seeking`to extort money, when he is rot. per ,annum under that sum which he has a right by law to demand ? Can this be called usury i• He then stated to the Jury, they were not to i take into consideration the Plaintiff's intimacy with Hatfield, suliequent to the Loan; nor Hatfield's sub sequent adventures. That at the time of the Loan, he was the accredited and managing partner of the house ; and no suspicion then attached on him : That as there was no prof that Hatfield was to bring any capital into the House, 'he had a right to say, he was to bring in no capital at all ; and that he v.as taken into partnership merely in consider. ation of his genius and extraordinary talents :• That on the Plaintiff's transferring the Stock to Hatfield, it was immediately transferred by him to their Bankers, to secure what they had advanced to the partnership. That Hatfield's letter to their Ban kers, directing .the sale of the,Stock; states, piece it to our Account, that is, the Partnership's Account, the 134nkers forthwith advised Dennys, Hat field and Dennys of the sale, and of the produce .come to their use. \The Defendant's defence there fore was against equity and good conscience ; and would go to undermine all partnership transactions in this great commercial city. And lastly, he in si,ted, that the wards "for Denny:, Hatfield and Dennys, John Hatfield" at the bottom of the in strument were all written at the same time as the body of it, and with the same ink, which tc , 9tild manifestly appear on inspecting it ; and that the word "for" necessarily called for the words Denys,' Hatfield and Denys, John Hatfield, as it would have been nonsense if it had stood, " I ac knowledge, &c. for J. Hatfield," (the signatures.) And therefore the attempt to impeach the agreement was not a fair one. Lord ALVANLEY summed up the Evidence, and the jury without retiring gave their Verdict for the Plaintiff, with Damages 3,6611. t7s. 6d. and Costs of Suit. ILDHAIL.—The Christrnas revelries on Mon ' day_produced some bUsiness; which employed the attention of the sitting Alderman. A poor blind Scotch piper was brought before the Magistrate, charged with being found is; a cellar of a house, Without - being able to account for his being there. The poor piper, on being questioned, con. fessed he had been playing and drinking until the loss of wind and strength of liquor had deprived him of recolledion—in short, he was blind drunk; 'and on.leaving the public-house, he, by one of those strange and sudden shifti of fate to which drunken men are . subject, found himself shrink rapidly from the surface, and, as hisupposes, landed in the cellar from whence he was taken. In his fall, however, the drone of his pipe was spoiled, and the bag ma terially injured ; a serious loss at this season. He had been upwards of years from the place of his nativity, been blind from a boy, and did not know he had a relative on earth. A young man, of the name of Nash, was brought up, charged with having been fund in the bed of a man and woman, who,' on their return from 'a Christmas day's festivity, were surprised I,t fau:iing their bed occupied by the Prisoner, although the door of the room was yet locked. It turned out that Nash, like the Piper, had also been blind drunk ; 'btit instead of falling into a cellar, had fallen up into a one pair of stairs window. He had slept at the house the night before, and being intoxi cated, his companions assisted. hi►n in at the window. His father attended and stated to the Alderman, that he on Thursday sent his son (who has lately return ed from Sea) to receive some money in the Borough : he had heard nothing more of him till he found him in custody, and the money all gone. He lamented the impossibility there appeared to be of bringing him to ad like a rational being. 1 1