The Sun. — London, England, 1807-12-17 00:00:00

;e Detendant. At the tune Me - Ot teem was deli.v, fed, Mr. Campbell said, that, he sheuld, not etterd to'the summons, but couselt his Counsel; and that he .would not ' mind spending ithiol. to throw_ the. College of Physicians upon their- Dr. David'Pitcairne said, that he was 'pre cot at the time the Defendant attended . the Ceirmitio Minori, according to the second the 6th of March. 'The conversation which pass ed was desultory and general. When Mr.Cterqa • hell wits introduced to'the Board, he was ' , desired to sif down ; and the• President infOrmNl him, that the reason for requiring him "to appear was be'cause he had practised physic without authority; and the Board requested an assurance from him, 'that . he would confine; himself to surgery and pharmacy. Mr. Campbell seemed to consider this as a hardship, and he stated the pains and expence he hid been put to in his education as a pupil at Sr. Thomas's Hospital : he laid great-stress upon the eminence he bad acquired, and the discoveriewhe had made in chemistry. He added, that, in his praCtice, lie had confined himself to what he called medical surgery, and that many - surgeons in London practised physic LB well as hitnself. -He was told in answer, That he did it openly, that he professed himself a 'Dodor, 'mid was deseribed upon his door by that appellation.' He was also told, that he wrote prescriptions as a Physician, and signed them with his initials. He did Pot deny this charge, but he said, that the proceeding , was owing to the medical latlion in the Borough, and' that these proceedings were instituted by it. The De ' fendant was then asanred, that he was mistaken; that the Censors before whom he then stood, had no prejn - dice against him, and that they were onl y thing in pur suance of their duty,-which they endeavoured - to dis charge with impartiality. The Defendant then be came it'ann, and arraigned the conduct of the Cen sors in rather severe terms, and insinuated that they were aoluated by unworthy motives. At last he pro ceeded to express himself in these terms :--" I al ways knew you to be a partial _Board; Sir Walter Farquhar and Dr. Babingten got into the College, by paying money to Dr. Saunders:" Ile was then de sired to withdraw, which he refused, and observed, that he knew the extent of the power of the College, as he had consulted his Lawyer Mere he came to the Court. Supposing he had practised wit bout their licence, all they could'do would be to fine him 51. for every month, which be was able and ready to discharge, and several , times put his hand to his picket, and asked what there was to pay. He then reseanid as he was leaving the toom,oneolthe Censors seict," Are yon disposed, Mr. Campbell, to give the Board any assurances . that you Will restrain your prac tice to surgery and pharmacy ?" He answered, that he not ; and the Board observed, he must expect the . College to proceed as the law authorised when the Deferalant said, in the hearing of several persons • waiting to be examined, " Then yOu are all a parcel of qui tam scoundrels,': and left the room. • Dr. Pit ' come likewise deposed that he had received a letter similar to that sent to Sir L. Pepys,.buthelhadhurnt it. On his cross-examinetion he said, that a letter of apology from Defendant had been anbsequently read at the Board, iii which the Defendant professed the greatest respect for the College. Dr. Lambe', Sir L. Pepys, and Dr. George Gilbert Currie likewise gave evidence, as also Mr. C. Hum phries, to theliand-writing of the Aefendant. The Letter written to Sir Lucas Pepys, by the Defendant, was then read. It was as follows: " St. Peter's Hill, April+ 03,4, " H, Campbell, with respects to Sir Lucas Pepys, trusts he slept well last night; after having had th e setisfaCtien of treating a stranger ill, and performing the impoilant funCtiou of interdiaiun. ShOuld Si,' Lucas, and his intelligent colleagues, be inclined to persecute Dr. C. furthi:r, them imMediAelyent: pleas the law against him; and onjoy - itil 'the benefits that may arise froth,. pi' Shatald Sir Lucas' think proper ..(0 send his genitor, or make: egain f to St". Peteri-hill; 'he niu6t be suit, with bet: ter Manners, or Ills ears will be either lerighthened, or ciopt, accordin4 to the, taste of the Censors.— This _fellow has kmoce, in Dr. Campbell's het is be: havkl'very impu&titly,but, like Mast:3 - like male— , Dr. C. begs leave. to repeat," that he will bear no fur ther insalencelrani the very chemical compilers the Londoe Pharrnacoprea, He wrote to them su s a Gentleman, and expected, at least, a,,,respetAful an- ' st.cor ; but their treatmeot. will be. Shortly.' pub- f. • A sitngar letter to Dr. Lambe was also iea4 ; Mr...1) , 101.1i.u, for the Del'endant,larnented that-the cause of his unfortunate client had ,not fallen into more able ltauds.,. Upon the proof adduced to 'sup port the prosecution he should make few, or per. baps, no obser‘ations, because the instructions he had riceived tended entirely a different way. The De fendant was a learned and intelligent man, and who, at the age of Ili became surgeon to a regiment in; his Majesty's service.. Instigated by, the 'love of science, and the hope of benefiting ni,t only 'himself and tamily, but the community at large,, he removed from the country to practice in London as a surgeon and not its a physiCian.. In answer to the first sum mons of the Colley:, be wrote a letter in the Mint respectful terms, and instead of that bring received as satisfaCtory, wasvagain requited to atten7l.• At this theDefendaitt was much irritated, and in this tentp-pr be-obeyed the , . stionnons, while his mind, like A broken mirror (injured by the inst Alt he conceived . himself to have-received), refleaed nothing but , the Multiplied distorted figures of reproach and indigna tion. The Defendant , had not instructed the 1,..e8tn - ed- Counsel to say a single word -in justification of the libellOus expressions': 119 tett - lot) much eofl cern at having employed them, to- attempt . 14r- a moment to vindicate them. He had, howeVer, since that• period, done all that mall could do to make re-' paration : be had scut letters of apology to each of the Members 'Of the Cdtirrof t.he'Collegt-, and-had even sent a messenger there to make -amends for tis' contempt. It 'had not been a question with th e Defendant Whether he should defehtl, him self. like an Englishman, or permit judgment - to go by default ; for ho' WAS determined to appear by his Counsel, for • the purpose only of apolOgizing•pub-- ' liclY for the Oiferi4e"he hacl eorranitted. If the Pro- . geequirs shouid think :right to prets•for jtniginent soiostAtieneleuilitht, 'they : could not,,make him re tit more his tofidod than be diet jit this r nowei n • 'for there wits nc'ptit.tyhtttetrt soievere as the 'convic doo, that he: had employed, euressions, certainly- .:~, OxFortp.-a—Tharsciay last the Rev. William 'fire; B tker, Student in La A., of New College, was A mitred Bachelor in C:ril Law. The Rev: Charles Crane, of Magdalen Hall ; Mr. Frederic Angtrou! -bawrence, of Clueen'b College; Rev. Henry penny; of Grid' College ; Rev. Thomas Broadhurst, of-Liri4 cnin College; and Rev. Edward Cook Forwatst, of Wad!iam College, B.A. were admitted. Masters Arts. CA MIR MG , James Bernard. Ca mpl in, of fling's College, W 134 on Friday admitted a Fellow of that Society. The Rev. Christopher Betheil, Fellow of King's College, is presented to the Reciory of Kirkby Wi,ke, in Yorkshire, vacated by the death of the Rev. Matthew Raine. The Hon. and Rev. Thomas De Grey, .Redor of Fawley, is presented to the. Arcbdeacoary of the Dibcese of Winchester, together with the Rectory of Colborne, in the Isle of Wight, worth cool. per annum, in the room of the Rev. Archdeacon Woodford, deceased. A cow belonging to a farmer at Steynino, that had been for a long time in a state of gradnaCdcCay , was last week killed, by; Mr. Yotitt9:„ btitcher,,, of that place, when it appeared, that a complaint in the liver was the cause of her indisposition, as it hod grown to such an enormous size as to weigh deiot stone. This may appear alinost incredible to as by far exceeding any thing of the kind ever Sean before; but as-a the gent letnen cif the cleaver id tl+ neighbourhood have been to see it, they can vow"' for its authenticity ; and Mr. Young-intends to piT.- serve it some time tbr the inspeClion of the'curinifs-. MUTINY AMONG 'TIIE BOOTMAKERS:—In quence of a strike and mutiny, oiether with.same aggravating placards exhibited by ilui,..refrattorl craft, particularly against Mr. Limsaiiti, Qf Fleet' street, a 13111 Of Indielment was i:referretaletbre . Grand Jury of Middlesex, and Wu found a true 13j 1 against i 3 of them, who were taken, into custody ni r der Lord ELLENBOROUGH'S warraM, and locl:ed since Monday,_ They were biotighi" up and by the Club of DelegateSi to take their.triat at tit' s next Sessions for the County. MELANqIIOLY EVENT.—A person -who had-btan ) ,2 sometime. employed under the Grand Surrey' Company at a brick yard on the edge of their &AIL' Bawl, -at Rotherhithe, learning that a Breese , isilas chant he bad dealt with had sued outs wait ittgaill' 4 him, was much alarmed .on the occasion, ...Oat h ' s morning in question, be saw the Plaintiff cause ia the yard with two persons, whom be truly suppos ed were officers, he- ran off, and hot being able to hoisted himself up and (Tai lied t bedeck ;wit hcottlecirl' ls feet: d e ee t p ha , a t n w d a -s y w , a l in e a l l e on a p g 'e s d iete ir a lt S o h t l i p le iti b liq i.ll : ltn e e k a.rj : 4 4. Otfieers closest his heels, having to o ed his exampid solar ; thepoor man, stung at this;:leaped overboard oa the other side, and sunk to rise nornore in .11f4: Asa .inquisition was held at the Doek'HOuse on thePOY• beIbrC ; CITARLES Esq: Coroner for S'ArreY-t lj w and a - very long ins%cstisation tool: place : it w 34 presumed that a sudden fit of the cr,unp hid sea/o! him, 'and was the Cause of his pretnatui . e deatli as such, that the Officers having a writ against hit" , and the- Plaintiff being present, on poipting hint nut, it was • no 'more Than their duty to :Make thei_r, caution as well as - they could.—A verdia Nos take' accordingly. • In' the Court of Chancery, yesterday just as the LORD CHANCELLOIt took his seat, l'"` ; ` . ; . , addressed by a woman of mean appearance, C 3/ " " herself Elizabeth' Davis, Who said, she'canie to s(' ` licit justice ; that a Lady Burgess had left iter , property, of which the Parish Officer's ars;7o,!' 'Welch Pool, in Mdntgonteryshire, had it,0t r 1 )654 . ) ,: , sion, and driven her husb.atcl,* a ri - pPre, with children, out of the parish, .and had sent Melt; kitives, to murder her.- She then proceeded lawyers and theirbig wigs. The unfortunate Woalo..' hail . every appearance of insanity. His Lot'LlOi l ' ordered her to be removed out of 6)04. '• A poor uld woman, on the Bristol rpaci.i ,W4T foutacl,i On Tuesday selinight, altno,t fro'ien -to death by.'l She was conveyed to.the.firsOW 44 , e .', l l l ez by the well-meant/ but imprudent, humanity 01- - .Lr', cottagers, placed close to a warin lire, 'She, of 00 091 ' almost instantly died. • .RIkTI t. -. 4..- Re. : Lately; at St. Finn !Ivry 's, Cork, the Lady of Edward StoplOrd, of a Son. • ... . /1.1411 it llt b. , , . .. . 4 On the 25th ult. by . special licerice, at Westport/ I ' l°l1 0 4 the e...it or the Iklarquis Of Sligo, George Moore, iisq' re h.loo-e.14411, in the Connty, D r. M a y o , to L0 0 i74 youitr.4e (laughter of the late ann.., lotto Browne,. of • Ifint-.1 - 1 4111 the sante Cotucty. • . . On the rat inst. at Eciiitbeitli,. Caiitain.t..-"liarls: M‘td4t., toils, of the 77th Regiment ; t o iltss lane is , l‘Ylierson; etuc ‘ „t daughter of Aiejor. Ailltheison, Assistant Barrack.Nlaatc' , i (.:eneral. ~.. . On the 2d last. at - Bridgeton, near Montresi't . Gordon, Esq. a I%l* Ir . I A 11 late in the. Civil 3,1•.::, i tr ;1 • yrS i re v vice, M a draSi to Miss less; Orr, daughtonuf 'Paula c', l 7, -, Esri. of Bridgeton. , f Itc (1 .0n Thursday last, at 'Leeds:- juseph' Lee, Esq. 0 , d e s t Hilt, near Sturbridge; . ‘Voreestershirei' ay Lydia, c' daughter of Wade Browne, I:sq. of Yotterikewton./ ~ _...' _....----- Will-444i; Dl4O, Ci ° uic iri le t s ise -street. Middlell4ll- 0 5Pi MI. 7th inst. sudtlenlti, the le of Mr . 114•1 4 H —l ekt °1 • w ife ' . . On Sattiulay . last; ''at. Chatfiant; 'aged . 18 7 , 4'i; .10 1 '1 Ge.vge, Midilitinnin of Hii •Majeity'l Shi; ectat6ic 07%, .ccand.4 tome Hon. Baton George. - ' ' ' • 1100 1 i 6141* On Sunday List, suddenly, Mr. l. Norliall of Sfockpott. . On Monday-last. at- East -Bourne„ Sussex, Mr'.Will3rd, relict of the late Thomas Willard, Esq. of that P lace.. l a t e On TUCS.I4y WI, at Lynn, a h 4.476, Mrs. Coul,:her, of Afton, Middlesex.. • • - • - • 1 I ill' The same day, at Hackney, of a tinkering and phut'. 41 J u Vita, I ness, Captain , Samuel Burrow" Lite of the Ship. , the loin a Ica trmie. : ,A , ~, 'too" Yesterday ntnrning, in ntoonlibiry.square,. aiter a . illness,_hys. Moysen. wife ot .itbeliA 11,0 0, .. 112 ......44.0....... .f I . PRICE OF STOCO I YZ3rVIDAY. ' 1 India S tack, • , f „ ,pt„ ,2'. I mita Mind's. `i ( Is. South Sea Stock; D. 3. ' - i ., -Faiefktqlsr asilse 14$ - - (IRS , prem. ();niututi, ri pr. isitnperhil • pOtt Cent.6oll Ditto Ann. ~. Con. for Opening. 6 ______ .. l I- . . lia . nk Stock.., . k . avy; per*Cert. 'shut per Cent‘ '797, tuft_ 5 per Cenr. 4,per %A.m. 8r- per Cent. Rod, 63k ;pert. Con. shut - liar*. Ann. '7 13- thltrsi Dot° Short MGH WATER AT LONDON BRIDGE TO- A 4 ," !Horning,min. after 4. R0 l %4Alhernoon je MM. aft"' _ . LON1)01': I' by Itten Arta HAAnlti Or Stn. 4, 'rildrilett-enurt, liow.ttreet;,2ntl publisheit by W 414 AM. 41041G* 4 , gc4 IPP4, of South Moltan:street: Grovietin , r4 q uatel , • t: Ow Stity-Ovt , lca No. e, strand whvre ilduet tisentents, Oniony' for the Paper, / 4tiffs - rot the ,Eciii6r, 'sco, (posi-paid), Lift be address e d. moil uerogato so td himself. mac L) more the purchaser of tileetztploYtit's eState: however, there did not in fad exist any such rule. If there lore Mr,„Mowbray , had {lone his' duty-in this case, there was not a precedent in that Cerurt that could authorise his Lordship to cut down this deed. The-- bill, however, contended, that he was not only land- steward, butagent it the sale. It was easy to sea that much more mischief would arise in permitting a person who was agent at,..a sale. to become the puy chaser, than he who was the land-steward ; yet his Lordship did not recollt4' any instance when the Court had set aside such a sale. Unless, therefore, it:could be made out in ci , iciehec; thut Mr. Mowbray bad froth. the .first' adolged 'a system of fraud, for the final purpose of purchaSing the estate, and that the sale by auction, and subsequent transaaions, were a part 'of that system,. the conveyance 'could not be vitiated: The tags of the . CaSe were clear ; for if anybody at.the. sale. had 'chosen , to bid above . t 2,0001.. for . the estate, Mr. Mowbray would not. have had it. Under all the circumstances, it appear ed to his Lordship Mr. Mowbray bad. .thed honest ly and fairly, and had not violated any duty as laud steward or agent ; he was accordingly of opinion that the Decree of the Master of the Rolls, dismissing the! bill with costs, should be atlirme..d. Lor4t.LENaottoyou observed, in addressing . the Jury, tlititkvliateft'eet the apology of the Defend ant Might have upon the judgwent he was after wards to receive, when he'shoold be brought beline the : Court, was not for the 'jury or his Lordship to anticipate; their oPinions:were to be formed upon the information as it was presented to them upon the evidence: it contained a libel mot derogatory of the respe6tatile body of per,on; who were sting as Cen sors ; anti the words einployed were'in themselves scandalous, imputing to them a most disgraceful cod du6l, as acting with partiality in the discharge of the duty which had been reposed in their handh.. They were said, MO, in the presenceof persons who were themsthes:abOnt to be examined before that Court, and whO'were'WfalitAg in an adjoining - apartment.— This was not 41 for the :Defendant afterwards wrote letterS'to several_ persons, in which he reviled every one of the Censors in terms of :a most scan dalous nature; besides which, there was . a paper di re6ted,-: in an envelope, to Dr. Hervey, containing , his attestation defiled in the way exhibited to the Jury, and which must excite the abhorrence and disgust of almost every individual in . society. The words of the libel were prcived, and they• were eon , *mpttious and defamatory, which was sufficient to maintain the information. The letters given in evi dence were also li*llous upon ever) p&son to w horn they were addressed ; and the Jury had no other du ty to discharge than to find if it were :he fact, that the Defendant had written and published these libels. The Jury immediately returned a rerdicqVGuilill. DRUMMER V : THE CORPORATION CHIPPENRAM. This cause came MI to be further argued-on the Plaintiff's bill.. The bill „sought to reinstate the Plaintiff in the office of school ; master of the free- School of the borough of,Chippenham, which situa tion he hat enjoyed for 15 years, and charged the Defendants with dismissing him from that office without uny just cause, but merely because he had voted at a late election contrary . to the wishes of the majority of that body. Some ofthe Defendant 4 by their answer, a's the body-corporate, .stated that the Plaintiff had been , dismissed or account of his age and intfrmitieS, and for no other reasoo. Other De lendants demurred to the bill in: their individual ea, pacity, saying, asthe bill sought tocharge them with combination, for which ; if the allegations were true, they were liable to be 44.090, : :they were not bound. to answer. n Sir AuTua . r and Mr. HORNE were heard in -support of the demurrer, and Sir &,Romi . LLY in repjy ; . The Loan 01NcELLost postponed judgment sill Friday, but observed, if demurrers ‘v ere to be allow ed because the bill - charged the party with combina tion, the doors of that Hall might as welt be awed for ever fornine 'out of ten bilis in that Court charged the Defendants with combining and COLIfe• derating, COURT OF CHANCERY. Dac. ts. ANDREWS AND OTHERS U. MOWBRAY AND CASTLE. This case (seeTne SUN, 2Gth of November) came on this morning for final judgment ; and bcing . a question of considerable importance to land:stew ards or• agents, we:think it necessary to revert to the general charges in the Plaintia bill. By the bill it appeared, that the Plaintiffs were the children and heirs-at-law of the late Mr. An drews, of Scropley, , iii Northumberland, ,and be-, came jointly atid severally possessed of an estate in that enmity, by the devise of their father, in the Year 1794, the rents and profits then amotniting to 3491. per annum. A person of the name of Hop.: ner acted at that time as manager and steward of the estate ; but his, coudu& not giving satisfaelioe, Mr. Mowbray was recommended as a person of great skill and knowledge in agricultural atrii rs : h e was accordingly 311)01111CA steward, and CW1611110.1 to aat as such till he became the 'purchaser of the estate, t His appointment took place without any written agreement or stipulated salary, and soon after he raised the value of the hinds from 3491:: tei pool. per annum: The estate was afterwards put up to intak), under dirediOn of the Plaintiff's; but . . _ . . . . • , there being no bidder beyond 11,00 0 3. an d t h e , ' ' . Artmstieno i). CH#RPOR. Plaintiffs being unwilling to' part with it under 1 r.;,0001. it was bought in, and M r . M ow b ray . Nfr. Serie at V UGit gated, that his Client (to after- speak the plain A tUntll) AN was a , crimp, and the De wards purchased it by private contrael On t 1,1501.1 fendaut was the .master, of a : public-house, called Mr. Castle, the other Defendant, had b een the re- the Three Vmeis: ~ H g,h wHe theut that. this sign as ceiyer of the rent s , an d, as 'a, professional man, i'ery applicable to the Defendant, and that the Jury 'transacted all the law-husiness relating thereto.— would !Molt that in craft and cunning he resembled The bill, therefore,arnon,g other things, 'charged the those animals which hr.rvid as the sign of Ms pub- Defendant Mowbray with concealing the real 'value : lie-eo„„.•• 'Thu Plaintill' had deposited with him a' of the estate, and othei-advantageous circumstahces:,, cons iitevabln number of promissory notes, to the relating to it, a t. the time o f t h e sa l e; w i th having ' ,value of about .5001. He was probably' aware, that - used undue influence with the parties, fOr the pur- posesof becoming( the purchaser himself at an under-' it would' be :alinost impossible for the Plaintiff' to pram the exact number and amount of ihose . notes, value, knowing ° the estate to be an improvable One,' ' as•appeared by his raising the value to nearly doubles: and therefore refused to return them. He could ' however prove, - that a demand had been made, ant, ' Flikin after he Made the purchase. The bill, there. f• that theeDelendant had acknowledged that he had fare, ore, prayed against M ow b ra y, to set as ide t h e con - notes.of nendy the:Value stated. - The Plaintiff was voyance, as obtaieed by fraud, and prayed costs th ere f ore dri ve n ~t o his 'action lot trover, and he against th ?. Defendant Castle as having been Officially eopd to engaged bi the Plaintiffs, a n d yet. having combined. recover' at •le.asrtheetniount of what the Defendant confesSed he.h . ad of his.' -. With the o:her Defendant -in obtaining for' hint Alija' 'The Witnesse r te that were" brought to prove this , Mate. ' -' • ' • ' case stated, thatttlie I'lintiff .had lodged for two or The. cause came on originally to be heard , before th re e yea ree n fherhoust76l theLDefendant, where his Honour the MASTUR of the Roees, I who, after I h e wn* i n t h e habit Orbringingthe sailors whom he • bearing both parties, and maturely Considering-the had :crimped ; thayin the . month of July.last the ease;-dismissed the bill with costs. It thenlcaMe on Plaintiff and Defendant had, at diff'erettt times, very again to be hex'd before the LORD.CHA-NcELLoll," at . highavords ; that:the Defendant. said, that he wished' the time before mentioned, fitton an appeal from thu the of her would leave his house, to which - the Mmesen's &tree; and the important question'for ' plaintiff auswere4, lie would with pleasure, if the the Court was, wheth er , u nd er suc h c i rcu m stances,' . Deteo,dant, would restore. him ihis properly. •Thci and according to the principles:of law and equity ; a i."6.fe4clant ; replied, the( •.the notes . were with !list land -steward or ageni.could become the purch&,er wire,- aud that the. Pl:Multi might have them when . Of his etnployer's cstitt e . i " h , owl - eased i owl (kit some, tir n e.,Att or the Plaintiff in pre . 614 "")g judgment the-Loan CHANCRL"' b'rooght. hi,, adiou of ,traer; and arrested the De«, eon obserVed; . thet the bill, from the beginniug•tri t fend.ittit f 0c , 44 -, 0 1, „, , . ;: •..' . the end, "r:bated-„Mr. MoNbray with einstrivin ._ g,L ~ ,Mr..Serjeant_ ei,N37l'oNii.on the part of the De front the year, t 705, when he first bec:inie concern..-' e.:.'. 1 ( 4.4iciatit, undertoug to 'convince the Jury that this ed, with this est.tte„.to.become finally the ptirchai.,er : _Was one of , the inc.l,t ill.-fOtibdCd, malicious,. and 'of it ; :old, t a r. , I .ttotii t that end, willtpaict.:4og. the ~, wiel;ed attions-,which Ii id come before his Lordship° real values of it, and coetrivitig to ,bring it to-a sale ; • dui ing the eonrse of -the present sittings. The remit. . with entering ititu a combiteition, by ineans.of the . truth of the case,was this•:--- - The Plaintiff, who ; had: agent (Mr. castle), to Jake: horn this fatuity, for, i lodged two or.. three years ,at the Defendants bouse, 10,0001. an estate which was represented to t)e. owed .him a very considerable sum of money, and! worth , from 1.5.t0 1 t 3; car Y 0,0001., It would have ' as a security for tlie payment of it, deposited in. his been the duty of his Honour the MASTER. of. the ' kuids a rensiderable number of pvoinissorypotes Roees to have given the relief: prayed by thebill, from sailors, which was probably.a very inadequate had the gross fraud alleged . agillllSt the Delendaets security , for the debt.- Not only the Plaintiff, "but. been proved; but there being no.evidence of such, i his Attorney; had: requesterPthe Defendant to keep .. fraud, .he.tlit•missed the bill with costs. His. Lor- th ese notes' as a security i and yet, after this; they ship said, he felt he was dischargieg a most anxious_ II s cr e e d upon him a notice ' to.give up those notes, and painful duty itt-this case, as in the former part 1 and:in about three min'etes after leaving the notice, of Ida life he had been acqoainted with.: these Geu-, arrested him, and held him to bait.' . tleMen, who were ju s tly s t a ted t o h ave b een , unt il 1 • Sir Jamits MA'Nsult:;.l) said, tots was 0 horrible the filing •of this bill, both Men oe.irreproachable — . • and he.hoped the Counsel Would. mention it eltafActer; hot hisdutysheuld be firmly and.balet-, a buse, - —- _ to the Court of Common vices next' I erm, I t was iy chs4arged. " Thdldestion," said his.Lordsliip b , . that there! llb- • • I with necessary that there should t., some ru e . respea now befOre the Court, is not only whether, ,if the .. . of trover. It hind been .khown that a charees of fraud were .mado out in evidence, it is t? cla rions ~, • tinier. It , , , . ~ such' a fraud, as. would vitiate the deed of CODVeyf 'arrested a man tor .50 0001 which he I laintift has ~..,, , . . . cii i ,„ to swear was the value 'of a deed detatned, mice.., but else wbether Mr. Mowbray, as the at. e Pleased. .. • . . . . , land,sieWard of the Plaintiffs, and their agent at the, from bun; and in tn e present instance the Defendant led foe -1... 2 0 1 Ind held IQ bdthin double. time of the Sale,. crAild 'become: the pruchaser of had been a l ic'',:. ' ' , thi4 estate." His Lord Ship, adverting 'to the circurn- that artier nt, for ft p 5 aril Of. wo I . 'soiy licit: I - .1 at. ~ , s, that stances,atteuding:the sale, there was tin e ve were. , per r iaps,not worth five shillings„ .. : . • , llie Vs 'messes for the Defendant'se pletely con deece to itppute fraud.or intentional concealment to ln ... . - the conduit, of bilowbray; and with respell tt) the firmed statement of Mr. Serjeant CLAYTON ..• other Tiestion, whether It land-steward could tie this Sir : JAM 0s MANSEIIII.D . did not think there was any piircilasta of an estittes lie could not bud a ny p ti . , !: . e . contrariety of evidence.to submit.to the Jury. The. dent in the, prattice of the Court of E(tnity. Defendant nii,lit have said, as the,Witnesses for the to vitiate for sttch a cause the deed of convey,inee„ Plaintiff swore, . 6 ` Yott may have your notes when. —Still . h'es Lordship thought it would have b ee ' ) you pleise,", and xet it could not be interred-from more prudent if ,Courts of Flinty: had dealt more thit„ that he meant to give them back,, Witbout particularly with this species ot case; and he thought being paid - the debt for the security of Which _they. it would be Much better should the rule be laid - : Were tlepesited,,.., , - .. down, that 'no agent or lend-steward should become' I.*.he pi A kujg Was ewer/40(4 COURT OF COMMON ['LEAS, DEC. ts. SITTINGS. AT GUILDHALL, BEFORS Sig JAMES OIANSFIRLD, CHIEL, JUSTICE.