The British Press; or, Morning Literary Advertiser. — London, England, 1820-07-29 00:00:00

. I 4•++.~rw " . . -...--.~^ s °.-~.~--. - - 4 s _ .......i... m... .3, - .. „~.., ror 1 41•: ' . L.- ,•,. ', -• ..•' zit , • . it.. , _~ r R. / J J~ ; " r:` f 6 / eige , , I . . . ?",,,,, . # .1 . " , , 4 - . 0 .. V. • i 4• ' ' . ' 1.. . • - .. l e • 1 I ', . ! k ) • .., , .... ,' It. • • 1 •P- 1 --Al • • p ..A .. . , •-,.. -. • LONDON, SATURDAY, JULY V, 1820 • Pmics 7d. . _.• . , / • ; i NEW NUMBER 6506. KINGS THEATRE. pS EVENING. SATURDAY, July 99, will be performed Mozart's popular Opera, entitled, LE NOZZE DI FIGARO. the coarse of the Opens an Incidental Direction.... _ , THE COMMISSIONERS of his MAJESTY'S CUSTOMS hereby give notice, that no the 9th day of AUGUST they will be ready to receive Tewden front await person. *a may be willing to Coatrort for the erre-tsetse of OFFICES on a portion of the .1W of the old Citstom-honse; the plan and specillention of the works will he ready for inspection at the Office of the Sur. 'rpm. for But Wins, Custom House, Loudon, ou Monday next, 31st lost. By Order of the C 01011111811.111,111 O. CURLING. Custom Rouse, London ; in the . Secretary's absence. July 25tb, 1520. amount of 4.0001. The Defendant issued amen limn on the bonds to prevent the interference of city attachments, and to enable him to conduet the sale without interruption; before having done so he Item Smyth' had comstriMnd acts of bankruptcy. Here Mr. DRIICOL read the following extract from one of the Defendant's letters to Smyth, while in France mid the Coutitteed :••••• 411 00blis, Feb. 13,1915. " MT DWI erratiesissinse ist your deirrasionition to reside os the Coatiment, 1 shalt give you • credit us • baukiapbouee is London foe OW a year." EXTRACT OF A NOIMER LITTER. " The house mud earnests aor latest the best care 44—mit fei oohing to embarrass your thosiebis--every thing shall be properly door, as yoir bare dimmed." ANOTHER LITTER. " April 411,11115. " Should this reach you, it would 1 has. gratify you to beer heir well ibises ars going en. The entire of the saki amounted to 1,8001." ANoTtIF.R RRHARZABLE LETTER.. It • • • ?be looming ones are an ••• - • • The auctioneer made his ansagemsois properly; be em ployed same well-traiseol puffers, &c. " Give a bribe to the Sheriff. By it we are snowed to sell is our own way. Compromised with Ns. Nohow, whom 1 got off for 3001." Defendant entered into receipt of Smyth's rents early in ISIS, and in some time Plaintiff received letter from * friend, stating that Defendant was misconducting his affair! Smyth, in 1816, returned to this country, and waited until is commission of baukruptcy was issued against him. Sinyth got his Assignee to call Defendant to an account, who began to think that Assignees might be trou blesome people; the Defen d ant, Holiday, con sulted with some country gentlemen, creditors of Smyth's, and told them Smyth was no leader, and consequently could not be made a bankrupt, and if the commission was superseded. they might come into possession under elegits, and get the rents. They consequently did petition the Chan cellor, and an issue was directed out of Chancery to try the matter. Mr. DAISCOL stated, lie was Counsel for the honest Creditors against the Defendant, Haliday. He put forward the case fairly, and would go into his proof,. He did not waist the Jury to be vin dictive in their damages—he only sought justice from their hands. Affidavit read from the file of bankrupt proceed ings, that Edward Smyth carried ort the business of brewer, in partnership with another, in the town of Callan. After th► Open, the favourite Ballet of LE MA RCHAN D'ESCLAVES. THRATRRUOYAL, HAYMARKET. T HIS EVENING. SATURDAY. July 29. will he performed THE BEGGAR'S OPERA. Clot. Macheath, Madame Vestrii (her 7th appearance is t , , Al ('harlcor, and on this Stage); Peachum, Mr. Terry .oltit, Mr. Williams; Filch, Mr. J. Russell. Polly Peaches+, Mist R. Corri (her 7th •ppearsnee upon the English Stage); Mrs. Peachum, Mr.. Pearce; Lucy Loehr!, Mrs. C. liemblt. To conclude with the Dramatic Entertainment of THE CRITIC: Or, A TRAGEDY REHEARSED. Puff, Mr. Jones; Dangle, Mr. R d , Surer, Mr. Con nor; Sir Fretful Plagiary, Mr. Terre; Dun Perak, Whits krrandoa, Mr. J. Russell. Till/mina, Mrs. Gibbs!. MICPS for the Boxes to be taken of Mr. Mastiogleall, at,. the Theatre. The Dom. to be opened at Six o'Clork, and the Perform ance to begin at Seven. In consequence of the nispreeedrole.l success of The Bee. gar's Opera, it will be repeated every eveoing till further bolter On Mondar, with The Actor of All Wort:, and Three Weeks After Marriage. A new Comedy is in preparation, sod will be speedily produced. RIOTS AT CROWLAND. TO "DRIVE" THE IRISH LAP' THEATRE-ROYAL. ENGLISH OPERA-HOUSE, STRAND, THIS EVENING, SATURDAY, July eq. will be performed. oth time, an entirely new Operatic Draw, three aria. called WOMAN'S WILL—A RIDDLE! Duke of, Milan, Mr. Rowbuiham ; Count Vitalili, Mr. ; Crsarin, Mr, Pearls'''. Corwin°, Mr. Harley. I'. incr., Clementine, Miss Kelly; Duchess of Mantua, Mrs. W. S Cluiterley ; Isabel, Miss Carew. The Epilogue. in character, by Miss Kelly. T., conclude will. (111 h time at this Theatre), the celebrated Extravaganza. in two acts, called DON GIOVANNI ; 0., A SPECTRE ON HORSEBACK. Dan Giovanni, Mr. Pearinan ; Don Gozman, sad Ghost of himself. Mr. T. P. Cooke; Don Octavio, Mr. Broadhurst; Bridegroom. Mr. Wilkinson; Leperello, Mr. Harley. Mona Along, Miss I. Sieveoson ; Bride, Miss Worgaiao. Doors open at Half-past Six, ■nd this Performance to be gin at Seven. Oo Monday, and every evening, Woman's Will—a Riddle! with Don Giovanni, or A Spectre on Hors( back. A new Romantic Melo-drama and other Novelties are in preparation. SURREY THEATR E. TIIIS EVENING. SATURDAY, July 29, will he presented, by the liberal permission of S. J. Arnold, Esq Proprietor of the English Opera noose, for the 6th time at this Theatre, a Pithlie Reading of Mr. T. fib din's favourite Pantomimic Extravagenzetic Barletta, with alterations and additions, called HARLEQUIN HOAX; OR. A PANTOMIME PROPO4-ED. Stage Hamner, Mr. &enough ; Patch, Mr. Fit:trillium ; Prompter, Mr. Adcock ; Factotum, Mr. Ellie; Harlequin, Mr. IVyatt ; Shadrach, Mr. Smith. Columbine, Miu Carland. After the Pantomime (eighth time IhisSeation) the grand Serio•Comic Melo-Dramatic Bnrletta , in three acta,called THE PROPHECY; Or, THE GIANT SPECTRE. Manfred, Mr. Huntley; Count of Falconers,. Mr. Ben sough ; Theodore, Mr. Watkins; Raymond, Mr. Ridgway; Thonixaci, Mr. Wyatt; Jacques, Mr. Fitzwilliam. llyppo. lira, Miss Taylor; Matilda, Miss Norton; novella, Miss Copeland. To conclude with (sixth time these two Seasons) a grand Legendary Melo.drame, in three short Acts. under the title of RICHARD THE FIRST. Boxes, 2s.—Gallery, Is. Doors open at half-plat Five, begin •at haltpast Six. Half price at half-past Eight. On Monday next will lie produced, for the first time, an entirely new Comic Borletta, called Wheel. 'viol i n s Wheel., in which Mir. Voule, late of the Theatres Royal Drury. lane and I.yerion, w.II male her first appearance on this Slue —Othrr No►elties are in preparation. SOUTH AMERICA ! This day is published, containing View, of Rio de la Bache, Porto MIK Aux Cayes, and Kingston; Portraits of M'Gregor, Bolivar, Marirone, and Miranda; •nd a Map, io wogsclegast volume, Aro. price 14s. A ESIOI RS of GREGOR NI.GREGOR. and the other Chieftains ; incluitiug Narratives of all their Expeditions, and New Views of the Commerce of South America. fly Colonel RAFTER. Printed far J. J.Sioektiale, 41, Pall mall. Alen, uniform with the above, one volume, and 21 Cult, price 12.. DAI. RIO no CHESS. Tramlattd froiw the Italian, by T. S. Ringharn, Esq. THE VINDLEY LIBRARY AND AUTOGRAPHS. TO BE SOLD BY AUCTION, - By MR. EVANS, At his IlciPoe,Np. 9G, Pall. mall, on WEDNESDAY NEXT _August 2, and fi ve following dam TIIE Fourth mud Concluding I' A !IT of the curious and extensive LIBRARY of the late JAMES BINDLEY. Eaq ; containing a singular assemblage of are old Poetry, Tarrant", curious Tracts and Rarities in every Depni unto of Literature; 111stl his very carious and value. ble Culiection or Autographs. BURGESS' ESSENCE OF ANCHOVIES Wareltrouse, 107, !brawl, curlier of the Savursteps • Loudon. TOIIN 13r RGESS and SON being apprised B .1 gill' numerous eglireSlMUlrl made by many persons to insp.., a spurious solcie for their tiatke, feel it incumbent o t tott ito m to rrquir.l the stlenlioss of the Public, in pm , dosing VIII del courtly.: to be the Original, to ohscrve the Name mid Adders. , curresnusods with the above—the general appearance of the sporious dries . i pitons will deceive the un guarded, and for their delectiou, J. B. and Sun submit the fulloning Cautions some are in appearance at first sight " The Genuine," but without any Name or Address--some " Etiegess's Essence of Atichuvies"—athers " Burgles"- 41141 rttaua m.re without Address. JOHN BURGESS and SON hiving been rainy years huoittistl stilt such distinguished approbstiust, feel every , entimt lit of teem ct towards the Public, and earnestly sot heti them to inspect the Labels previous In purchasing what 'tory conceive lie he of thee make, which they hope will pre s sot many dtsappoiotosents. BU RG ESS' SAUCE. fur general purposes, having given curls great satisfaction, continues to be prepared by Itwnt, and is reconmeoded as a must usedl sod commies , ..ore--wilt keep good is all chemists'. irehouwe, 107, Strand, anoer of the Savoy-steps, Len d.na,—(ll.l.. Original Fab Sauce Warehouse.) In our last, in the Spalding Sessions' news, we gave an account of the conviction of, and sentence on, several labourers in husbandry. for riots in the perish of Crowland, and promised something farther on the nature of those riots. Not having WPM present et the trials, we are but imperfectly informed of what came out in evidence; but we under+t!siiilthat o n three several days the persons indicted, together with * large body of other indi vidual., women as well as men, with drums and tiles, on some of the dap., commenced a fu rious attack on the Irish labourers in that part, and, armed with pitch-forks and other implements of husbandry, very ill treated such labourers. far the purpose of driving them from the business they were engaged in, and of intimidating them. and others of the same country, from again engaging here in the like occupations. They also made a very outrageous assault on the house of a poor man who lets lodgings to Irish labourers, breaking the windows, &c. and endeavouring to force an entrance in order to search for such lodgers; and, behaved io a most disorderly way to Mr. Casswell, of Crow. land, threatening his life and property, if he did not dismiss the Irishmen. or if he ever again gave employment to Irish labovers ; but, we are glad to soy, that Mr. Cogswell did not yield to the threats held out. Iris very much to he lamented, that persons can be so little regardful of the rights of others, as to endeavour to deprive them of the chance of getting • livelihood by honest industry ; an Irishman, who comes to this country. being as much entitled to offer his services for any employ. ment as an Englishman is, and the law will pro. tect him no less than a native. and punish any in. friogement of his rights with full as much rigour as the violation of the rights of an Englishman. In this age, when we hear so much talk shout the rights of man. we might expect those rights to be held more sacred, and that pour, defencelea, peace. able men, such as the Irish labourers are almost universally found to be, should experience favour and protec • rather than insult and outrage. We hope, however, to hear no more of attempts to drive them from their lawful occupations; but that the severe examples made of the rioters at Crow land will operate as a sufficient warning, not only in that neighbourhood. but in many other parts of the country, against any similar disgraceful cons duct—conduct more becoming savage life than ci vilized society. and exceedingly unbecoming in fe males.—(Boston Gazette.) IRELAND. COURT OF EXCHEQUER, Dumas, Jinx 24. Trial at Nisi Prins, before the Right Hon. the LORD CHIEF BARON, and the following Special Jury:— Alderman Sl'Kenny, I halo Pepper ' Esq. Slnxitam, John O'Neill, Esq. Abbott, r booms Sherlock, Esq. -- Tyndall, Peter Foster FAq. John Duncan, Esq. John Astir, ' Esq. Nicholas Fontein, Esq. L.Crosthwaile,juo. Esq. MICHAEL BRIAN, ASSIGNEE OF EDMOND SMYTH, BANKRUPT, v. Wit. lIALIDAY. Mr. IVl'Doudat.t. opened the pleadings. It was an action of trover. Damages laid at 5,000/. Mr. Dattcot. stated the case. 'fbi, was. he said, an action of trover, for the value of house. hold furniture, and other property, sold at auction by Defendant, at bankrupt's house in Merrion square. He would mention a preliminary matter, in order to bring the case fully before the Jury. The bankrupt wee in possession of estates amount: ing to above 3,0001. a year, and he on his marriage made himself tenant fur life. He became agent to the Estl of Ormonde, and emaciated with company that brought I • into considerable expense, by which his affairs were going to ruin. He had pre viously known the Defendant, Mr. Holiday. with whom he hail some money transactions, and they being front the same country (Carrick-ost.Sui.), lie was induced by his professions of friendship to let hint into the knowledge of his' emb mesas, This drew from the Defendant an offer of his ser vices, who said if the assistance of a few thousands, which he-then had lying by, could extricate Inm, he would with pleasure accommodate him, and iii susy oilirr w'ay render hint his best services. .An agency was proposed, and accepted by Defendant Stolidity. who promised to take Sinyth's estate to curse. and make his rents available to his most pirating debts. Smyth proposed an advance of 4.0001., which Defendant agreed to, and a mort gage fur that sum was directed to be prepared. witty a power of attorney In Holiday. to act as Stnyth's agent. The mortgage was perfected and the money advanced by Defendant, on the Ist of October, !UM Smyth bonded Defendant his rent roll, with a list of arrears due by his tensing, amounting to near 5,000/. In Felsruary following Defendant advised and urged Smyth to go reside iu France, and as it became nrcesiemy, under pre. scut arrangenzerOile.!enninniee in every possible way, if he vioulA,,he vatislied to love on sit allow. Noce of 5 or 600/. a year. the Defendishi. Ileliday, had promised to give him a credit on e hou.e in Loitilou. to supply him regularly with that slim. This arrangement being agreed to. and entered otS, the Defendant prevailed ou Smyth to fill bonds to a Mr. Culclough and others to the Affidavit of a debt of Mt read. James Magrath, examined by Mr. WALLACE.— Lived as coachman with the bankrupt Smyth for three years; left his service on his going to France; witness occasionally attended calls at the door, when the footman or other servants were absent ; several persona called to whom money was due, and was directed by bie master to say Is. w■e not at home ; Coghlan, a hay-factor, to whom about 2.51. was ,due, called for payment. and his master directed he should be denied to him ; winless was paid his wager, and got his discharge from Mr. Holiday. after the aisle of the furniture at Merrion-square, in March, 1815._ Cross-examined by Mr. GOOLD.—.Mr. Smyth asw a good deal of compauy ; lie kept • coach, a curricle, many servants. and horses, and - drove with ont.riders; has been sent, when in Callan, from Mr. Smyth's house there with messages to the brewery ; it did lint occur to witness, while at Merrion-square, that his muter was • brewer; does not recollect driving him to Daly'. or Kildare Club-house. William fiesta,. examined by 'Mr. LaiDouoat.e. —Knows Mr. Edmond Smyth; knew hint bang be fore 1815; is his near relation; was at Mr. Smyth's house when a person of the name of Purcell called ; it was at the stable-yard ; Purcell Cynic in and asked to see Mr. Smyth ; he was desired by Smyth to say he was not at home ; he went very shortly after that to France. Cross-examined by Mr. Ban Is mr. --Purcell came in At the back gate ; it was in 1815 he called r had several converstnions with Mr.Haliday since, with whom he lived for a year as clerk, hut never told him 6.f this circumstance, nor did he recol- lect any thing about it, until Mr. Smyth reminded him of it lately. Mr. BEnNerr—l believe. Sir, lie rather put you up Co it.—lt was Smyth told witness that the man's 111.1111 e was Purcell ; he came to Mr. limb day's office often ►ince to dou►vnd payment of Mr. Sinyth's bill ; knows Michael Coratick. the peti tioning creditor; knows nothing of in. debt ; wit. nen knows of Mr. Holiday getting the wine is ,myth's cellar ;' about three or four hundred but. ties. which he knows Mr. Holiday gave credit for in his account. Alderman Tyndall, examined as to the value of the wine. Mr. GOOLD stated Defendant's case—He stated, his client, a mall of great respectability and union• peached character, who, for near forty years, has , resided in this city, has now the misfortune of lose. ing a great porno's of his property, the fruits of long industry, in jeopardy. through his desliogs with Smuyth, which have been productive of heart. breakiugs and misery to his ill-fated client. Mr. Smyth, to all who had seem or known him fur the last ten years, had not the least appearance of a man in trade, or been ever connected in holmium. To Mr. Haliday lie appeared as • man milked in the drat circle amid mixing with a most fashicouabk society, and posseming a large fortune ; he lived in house in Merrion-equsre, kept a variety of car• riage., a large establishineut of servants, and with incorrigible vainly drove through the streets with out-riders, amid was a member of the differeut fashionable clubs of our city.: This pageantry did not skew much the appearance 6f • trader Or MD of business. In an evil hour lie applied to Mr. Halulay, knowing his being from the same traatry. WI that lie bad several hind ag e nci e s; h e a mend Mil laid.' of upwards of 3,3001. a year ; Ito whaled his accepting his agency, with an offer of *W. a tem fra ansiductiag it, bat stated, h e " w ad 'require en immediate advance of 4,000/. to slower some itumedisite payments be wished to make. Mr. Smyth now hears me, be is in Court. and having gut his certificate. can give evidence. I call on him to mild forward and contradict one word of throe riat ... It is not so easy a matter to raise money B 4 many people may think or imagine. He stotedJo Haliday that lie used 80001. and Haliday, without much consideration. agreed to advance I 4.000/. A mortgage was prepared by Mr. Ilan. IlalidWa Solicitor. and the money was immediately paid dowel. Smyth, on eigning the deed, requested it might not be-immediately registered, as it might make his creditors call in their bond-debts, amid in consequence the deed of mortgage was not registered unlit the month of February. follow ing. Smyth. not satisfied with grinding to the earth his client. Holiday, attempts to draw hick money from him, which shall be proved bas been already paid for his use, and for the support of Smyth and family while on the Continent; lei rental. which lie represented as 3,5001 never pro duced half that amount; and his debts, stated at 8,000/. are near 60,000/. If this was not the rate. surely Smyth ought to have been relieved by 4,0001. advanced him by Mr. Ilisliday. Smyth sus pecting his real sitwition would be soon known to Holiday, told him, as matters were now settled on the Continent, he intended to retire there for some lime ; that by it he would be able to live at a fourth the expense, and by such savings would ere long pay off hia reinai ii ii ig debts. To carry this into effect. he told Halide) , he would require his further assistance. but to accomplish it he - would place funds in his hands, by the sale of his furniture, &c. in Merrion-sqoare. Ile then stated, he would require 200/. to equip himself and wife, 500/. foe payment to he made litre before Ile left the coue try, and a credit from Mr. Holiday to a banking hititse in London to pay him 600/. a year for his support on the Continent. Smyth never hinted to Haliday he was ut any times trader, nor did lie ap pear to any person but as U Min of large fortune. Smyth, on being promised by Haliday the neer.- sary supplies of money to enable him to retire to the Continent, give a general power of attorney, to act for him iu his absence, and observed, that while away. some timid creditor might be pressing fur his money, and proposed to sign bands, in be placed with Haliday, to be by him used if necesta ry ; Sir S. Romilly's Act protected the executims. Mr. Smyth. who professes to be a man of honour sod fashion, adopts this plan for •the purpose of benefiting his creditors ; it is conceived by Smyth himself, and. at lair request, carried into effect by Mr. Ilanday. Who can justify this man, who, in three mouths after i(etting a sum of 4,000/. mentions his plans to his agent, and then brings forward those letters before the public which wee written in strict confidence, and ought to have been held iii the bosom of honour and friendship ? Such conduct is horrible, and recreant from the principles of honour, humanity, or justice. After the large advances made by Holiday to Smyth, it will be proved to you he went to Mr. Hall. with tears in his ryes, entreating him to use his influence with Holiday to advance him a further sum of 500/, and stated to him he would deposit with him his plate, as security fog-the repayment. Hall +re wailed on Haliday to do so, and the money was paid to Smyth, in his pretence, by Holiday. Mr. Smyth is now before me, and L call on him to deny these facto ; I dare him to do so. Matters went on, and my client continued to pay different other sums, as required by Smyth, out of the proceeds of the auc tion. Mr. Mahon issued an execution on his judg mesa debt, and in order to put Mahon at rest, Holiday paid him above 300/. What interest could Holiday have 1- An employer desires his agent to sell his furniture, who has not the slightest know ledge of his being a trader; the furniture is sold, cud the proceeds howled over to the creditors. Is it justice to ask him to pay it over again ? Holiday, corresponding in the most confidential manner with Smyth, while in France, he could not he so disho nourable as to turn the tables on Smyth, by pro ducing his extraordinary letters; but lie (Mr. Gould ) must give some extracts from a few of them, as folluwa:— " Merrion•square, 10th February, 1815. " Mn DEMI HALIDAY—When I am gone to France the devised, ou you may be great ; you must be prepared for much snuoyance; indeed it is what few would undertake but yoursell; bet if I return, it will be to offer you my an. ballasted gratitude; and fur these kited sclirof pines, 1 trust you will be repaid tenfold by Divine Providence. " Yours unalterably, " ED. SMYTH." " London, Feb. 181 b, ISIS. "MT DtAll HALIDATWe have arrived thus far. Your letter of credit and introdvetion of me to the bottle of Messer. Bell and Higginsoii, was received with the unneast civility and kindness, and would do any thing in consequence that I would ask.—Your's f .ever, " ED. SMITTIV." " Dieppe, Feb. 25th, 1815. " MT DEAR HALIDAT—Os recollection, should the Rood 11 left you for 1,0004 which I perfected at Hall's before 1 left Dublin, be not sufficient to cover the furaitare against Mallon, I metope you a blank Bead, which yea cam get Ailed up is any other name, sad have an execution on ii lodged with the Sheriff, if you see mecessary. This will effectually abut out Malmo, or attachments, should they appear. " Your's, " E. S." " Department Muir* sad Loire, June 4, 1815. " MT DWI HALIDAT..4 can but simply offer you my thanks, and s. Heavies ney prayers, that you may be re quited for your humane and benevolent acts of disposition mew& me, who hove been neglected by all but you. "Old ally best friend, ray guardian angel seat you to my Mac aid with the Anterior( Mad of good asnere and good hdlas you Wiped we oat of the gulf—you have composed ag bounsed ailed—yea hove abundantly provided for my weato,.by the ample great you prepared for me at Bell sad liataimpa's, Loma's. Ilse receipt of Wimp frees Ireland conveyiag figural whales; bete/try hoe of yours Bros with add mod used salmi *Toe stashed aileasiee lo get smelt tiouteose prices her the beeituto•44ll4 Net Teliall oat say Mug like so mach as tbeatectio• newpoosal ° I reolloolliaomaur yew have whim to roe ea my af fairs, or aitobly swim of the settlement you concluded wish a ImMooll, 4 heel friend, years isaaltershly, iw Ille. GOOLD was idiom semlies fin*, WM% from these fetters. but Hung them a goy in —Smyth desired Holiday to write letters that I , e might *hex to his wife. fur the purpose of conceal. ing from her his real situation. Smyth Warned 1 , Ireland in the year 1816. end oinesedialtry . • I alidae, to wl om lie expressed the same feel ,, v• grstitude as in his letter. which have hoes josh .• 'l. In his conversing with Haliday on the out fr r. " Awe of his affairs, he stated there ass 011' dr t•t he owed which gave him more trouble tiisp t •s, rest ; it was to hie brother-in-law, a Mr: Miter. trot lie wished to ware him in that debt, ab t 500/. otherwise, he knew he ',mild lase Ina ship, to itreeeut which, he requested sot;; I let him have the plate. that he might give it to Mr.- Maher. No. said Holiday. I must he rectified ; I got it from yon as security fur my cash *dm cee, sold it must so remain until there advances are paid. Serve a man for forty years, and if you deny him a favour after, he heroines your mortal lie then tamed on Holiday, and *sire he, tt. I must get el white-washing commission." Ile the., gets a peison to swear a debt against bon. he whir all Its judgment creditors are levelled, mod have it., more security or priority than any •imple contract creditor. Ile appealed to the good judgment of an • enlightened Jury, if they could suppose a ms•. havirt.4 a judgment debt of 1,0001. affecting Siny th'• estate, and almost the limit claim tot on_ it. would give it up to run the chalice of not getting one penny in the pound. if he were not paid by • side wind. Those white-washing commissions bare been tie ruin- of many an honest merchant and trader. Let the opposite party stand up and 611 the J u , y. why a jail...ment creditor would conic forward and issue a commission of bankruptcy against S.n.t 1.1•. when he hail his estate to look to ? lie called na the Jury to protect an honest and respectable rit ; .. eel,. tig..iiist the machinations of this 1111111 of who now wants to mulct the Defendant ; but he trusted the good sense' of that eoligbieit.d J ore he atfilrcried would tint suffer him to be Site VICIIiii of such a designing man. ~l'illlam 11,11, examined by Mr. lIERAND.-1+ an attorney ; knows Mr. Holiday and Mr. Smyth ; was attorney to Mr. Holiday in October, 1814; knows there was a loan of 4.0001. given by day to Smyth ; witness prepared a deer, of nw gage for that awn; Smyth handed witness b•tarciic.l which lie had made; saw lulls of Sinyth'• in th.• hands of Thomas Thorpe Prank, for 1,0001. psi I by liability, who never cousulted witness with his transactions with Smyth until he gave him direc tions to prepare the mortgage ; Mr. Smyth handed ono's, 101. to by stamps; saw Sruyoli's reload • furnished by him ; it was about 3,500/. a year S.nyth pointed out in the searches those persons who were friendly ; witness calculate-I from Sinyttia mentioning his owing only about 8,0001. Ilia debits would be paid off. and might return its about three years; Cormick, a creditor, was in the list; wit nese imagined Sm 3 tit to be a gentleman of fortune, residing in Merriou-square ; never could form au idea lie ever was a brewer or tanner. Smyth yea quested Mr. Holiday would not register the deed or mortgage for some time, which Holiday agreed to ; it was more titan a year after this witness disc covered the enormous debt due by Smyth ; the day before Smyth sailed for France he applied to wit ness to advance him • few hundreds, as I•e had then but 400/. after paying some debts; spoke to Hull. day, who made strong objections. having advanced so much before ; raw Smyth sooreafter, who said he give his plate to Holiday as security for the sum lie required; witnesinold Holiday he thought he would be perfectly secure in advancing 4 or 5001. on the security he held; attended one or two meet ings of Smyth's creditors about o yeseafteri-loll day advanced his money ; Smyth said that Cur 'nick, who was afterwards the petitioning creditor. would not press, and that he was a reissue vat would be friendly. William Hearn, examined by Mr. GOOLD. Witness is a near relation to Mr. Saiyth; Micnael Cormick was to snake an affidavit; Smyth klieg if it ; believed Sinyth wished the affidavit to be made to ground the commission; went to Kilkenny for a Mr. Welsh, • proctor, by Smyth's directions, and brought to Callan to take M'Cormick's atinda vit ; Brien, the assignee, was Smyth% clerk: Mr. WALLACK spoke to evidence. Thert were various law points argued*, and relied on by Coisusel at both ride.. - • • The CHIEF BARON charged the Jury. He said, in his charge he would let the carte go unetscom berad to the Jury; they must be the best judges of its merits ; to men of their intelligence, it would be a waste of the public time to go at length into a charge. If they believed the commission of bankruptcy which issued was not a collusive one, they would be bound to 6nd a verdict for the Plain tiff ; but if they believed the evidence of Heart.. • relative of the bankrupt's, he thought thpy could have no doubt (at least he had none) that 6.1 commission was issued collusively, and at the de sire of the bahkropt, they ought to hod fur the Defendant. They would also bear in mind the circumstance of the•petitiooing creditor giving ii.. his judgment 011 the bankrupt's estate, to run ti risk of a dividend in common with other creditors it was also rentarkable.that Hearst, who attended at the former trial at Kilkenuy. where the issue was directed by the Chancellor to be tried, *as, although preaesit, not examined; Ird be been art. the verdict would have been a contrary one to what it had been. Under all these circumstaioes he le k the case entirely to the Jury. The Jury called for the bankrupt's file of depti.- anions. cud retired—and after some time inAelibac.. ratiou, returned a verdict for list Delcadaat, with 6d. costs. On the verdict beteg asureaaced it hitt tteliene. rat approbation of a creedal Gam Counsel fin , the Plinatif.—Yeurs. Mascot,. WALLACC, 1114DOV•ALL, wed O'Conaltat...4. , Agent. HOBS= Jcinus,yetordtteet. Counsel tar tot Dshooisst--*asets. Goeut, ; I 41 . Rk