The Sun. — London, England, 1833-12-07 00:00:00

HIGH WATEK AT LONDON BRIDGE TO-MORROW. Morninir -.41 minutes after 11.1 Evening... 0 minutes atter 0. PHI( ES 01. Tilt flavk Sttcft 3 Per Cent. Red. SN% 3 per Cent,C , m4 shut per Cept Oat° Red q 634 Nero 3% pc rer rent. l7lli 4 per Cent. 1826 Bank Long Ann. to expi re Jan. 5, IM , 16% 15-16 Oct. 10, 1850 10 12-16 Jan. 5, 1 8 80 Jan. 5, 1880 April S, 1880..., - Jan. 5, 1870 P DAY eiv 5 per Cent. i India Stock Ditto Bonds =3...... pm. South Sea Stock Old Annuities... ......... New Ditt0...... ..... 13 per Cent. Ann. 1751 Bills, xi,orr 45 44 prn. Ditto __We 45 41. on , ;Ditto Small Ditto Commercial ...... prn• Ditto Advertised ......... Bank for Account ......... India for Account ..... ••• Cont. for Account `4o,'.. PRICES OF FOREIGN FUNDS THIS DAY AT ONE 0 cr.orK Austrian Bonds...—. 904 !Peruvian Bonds lq!i B,lgian Bond^ 05 !Portuguese Bonds 563; Ditto Account 055‘,. ' Ditto Account 634 Brazilian Bonds 6674 1 Ditto New Bonds 5634 Ditto Account 6N 7 61i Ditto Acconnt 'AN Buenos Ayres Bonds '2o ,'Prussian Ponds Ditto Account — : Ditto Bonds, 18 , 0 IO3 Chilian Bonds... 2:3 Russian Bonds, 1829... 113 21i Ditto Account —j Ditto Account 109. 52 Columbian Bonds Ditto Account — Spanish Bonds, 1821 2314 Ditto Bonds, 1824 °2-7:i Ditto Arc. 2314 74 Ditto Account 221 i i Ditto Bonds, 1803 Danish Bon s " 0 56 3' Ditto Account Ditto Account 7254 3 French Rentes, sp. c. —l. —c. Greek Bonds — Exchange —f —c. Ditto Bonds, 1.825 Ditto Account — ---- Exchange Mexican Bonds, 5 per cent.29 l 4 Dutch, 21 p. c '49 . 5 50 Ditto Account - Ditto Account 49% 50 Ditto, ti per cent.... ..... ..26i4 Ditto, 5p c 94 Ditto Account 363 Ditto Account O4 Neapolitan 89 F:ench Scrip 4 1 ,:, pm. PRICES OF SHARES THIS DAT AT ONE O'CT.OOIC. Pahl. Per 'hare. 71!, Alten Mining Company £7 Anglo Mex. Min. 4ju. (iss. at 5/. pm l £lOO Bolan os Mining Compan, £lso Brazilian Mining Company £s Brazilian Imp. Min. Co. (isa. at 5/. pm.) £2O nitto National 20 D.tto St. John Del Itey Ditto Cocacs 5 Cata Branca Mining Company ... British Iron Minim, Company £so Columbiln Minim, Co. 'iss it 51. pin.) 51% English Mit.ing Company Ceneral Mining Association Hibernian Mining Co. £lo Mexican Mining Co. £4B . Real dcl Monte Mining C 0.... (unreg.) -- United Mex. Min. Co. iiss. at 21. urn.) 40 Ditto New Scrip 5 Alliance Fire Insurance Comp. lO Protector Insurance Como. Australian Co. Canada Company ...... 17 General Steam Navigation ('n. National Provincial Bank of England 5 Rio voce Provincial Bank of Ireland O5 137 , 4 N 77 1 34 5.4 2E44 214 2l' 1134 .E 1 5 6 2:IC, 48 4 2 pm. 40 PRICES OF IRISH STOC 1718, DUELIN G DFC. 4. Bank Stock Consols, 3 Tier cent Gpv. Stock, 3',..; per cent. 95%, ' National Ditto , Ditto, New 4 per Cen. i Hibernian Bank Guy. Deb. 3;.; percent.... 88% Provincial Ditto Rlyal Canal Stock ..... — Royal Irish Mine Grand Canal Stock — Imperial Mine City Deb. 4 per cent. 74% Mining Co. of Ireland Ballast Office Deb. 4D. C. - Commercial Buildings COURSE OF EXCHA Amsterdam C. t'. 12 4 Ditto, at sight 12 2 Rotterdam aU. 12 4 Antwerp 12 6 Hamburg M.B. 13 12 Altona 11 12 Paris, 3 days' sight 25 55 Ditto U 80 j Bordeaux °5 85 Berlin Frankfort on Maine, Ex. 51.1511 Peterlburgh, ruble, 3 Us. 10 01 Vienna, effective fl. 2 M. 9 56 Trieste do 9 58 Madrid Cadiz '37% Bilboa 'l6 Barcelona 39 beville 'l6 Gibraltar 47 .NGE YESTERDAY. Leghorn 4 1 ,41i Genoa 23 ris Milan 31 Venice 47 Naples Palermo per oz. 122!:, Lisbon 5Oll Oporto 5l Rio .laneiro Bahia '3l Buenos Ayres Dublin, 21 days' sight — Cork BULLION, PER OZ. X. s. d. Portugal Gold, coin... 0 0 0 Foreign Gold, in bars 3 17 9 New Doubloons 0 0 0 New Dollars Silverbars, standard 0 4 11-: it 1 44 1 - 4V ' .."4411' "-"t..--A 441'1,1 e5114'.' LONDON, SATURDAY EVENING, DECEMBER 7, 1833. We have received Buenos Ayres Papers to day, particulars of which, from a press of other matter, we are unavoidably compelled to post pone. They refer chiefly to the occupation of the Falkland Islands by the British, which has created much agitation at Buenos Ayres. It is almost a pity that the Jury did not in the action brought by the attorney DICAS against Lord BROUGIIAIIf find a verdict for the plaintiff sufficiently high to carry costs. His Lordship, fortunately for himself, had a verdict entirely in his favour ; but had Mr. DICAS succeeded in getting a handsome sum from him in the way of costs, his Lordship would have been made to feel the full weight of one of the most unjust parts of the libel law. 'With his income the payment of a hundred pounds in the shape of costs may be nothing ; but let him suppose that Mr. DICAs had brought an action against him for a libel instead of for false imprisonment ; let him suppose that the jury thinks the action vexatious or malicious, and, in consequence, only gives a farthing damages, although the amount of the costs might not distress, they could not fail to annoy him. He would feel that the power such a man as Mr. DICAS might exercise ought not to exist. But if he would imagine that same man bringing eighty-four actions against different newsvenders for selling a newspaper in which there was a libel, but against the proprietors of which he had recovered damages ; let. him imagine all these defendants to be certain of a verdict virtually in their favour, but nominally against them, and therefore carrying costs ; let him imagine them unable to bear those costs; let him imagine them, therefore, either ruined by the verdict meant to be in their favour, or obliged to compound with their adversary ; let him imagine, we say, all these things, would he not say that they constituted a species of oppression disgraceful to the law which suffered it ? But this is no imaginary case. It is one now pending between the Newsvenders and Mr. DICAS, a gentlema:: too laudably sensitive on the subject of cha racter not by this time to have convinced all readers of the law reports of his unexampled disinterestedness and moderation. Shame upon such a law ! Shame upon the Legislature which hesitates to abolish it! We have read with considerable interest an article which appeared in the Times of yesterday on the state of Turkey. This article is ably and closely argued, and shows an intimate acquaint ance with the affairs of Europe as they act, and are acted on, by those of Turkey. The writer plausibly enough observes, " The most curious of all facts connected with this subject, is the line of conduct adopted by Austria. The dread of the propa gandism of t h e P ar i s i an revolu tionists is the professed object of the army, 400,000 strong, maintained by this state, but the true cause is believed to he, to aid Russia in seizing Turkey. The scheme of JOSEP H the Second and CATHERINE the Second is about to be realized. The death of MAHmoup the Second is to be the sequel, and that event is hourly predicted by his own subjects, who detest him and who hate the Russians more, in con sequence of their having come to support him. It is even affirmed that the treaty of partition was signed between the despoilers at their late HAY M A RKETS.—( At per Lokd of 34 Trusses.) CUMBERLAND. Supply moderate, trade dull, and prices as last quoted. Coarse heavy Lowland Meadow Has £3 5 to £3 10 New Nleati:m Hay 3 15 t 8 Useful Old Ditto 3 15 4 0 Eine Upland Meadow and stye-grass Hay 4 5 4 8 Clover Hay 4 0 5 5 Oat Straw I 1 6to ..£1 8 1 Wheat Straw ... 1 S 1 10 meeting in Silesia. The period for the great effort on the part of Russia is at hand ; alone, the prey may escape her grasp ; Austria is there fore invited, as in the case of Poland, to take a share. The cautious proceedings so long adopted by the Cabinet of the Kremlin, of moving step by step and securing every position, is about to be abandoned, and Russia and Austria, no longer acting as foes, are resolved with the speed of vultures to devour the spoil." That something of this sort is meditated by Russia, and that Austria has been induced, if not actually to accede, at least to incline a willing ear, is likely enough ; but that it will fail, we have no more doubt than that the SULTAN will not see another ten years roll over his head as Commander of the Faithful. So long as Poland and Italy continue in their present state of discontent, amounting almost to revolt ; so long as the materials of combustion keep gathering strength daily throughout Europe ;—so long will Russia and Austria, however humiliating it may be to their ambitious designs, be bound down to keep the peace. Were these Powers endowed with a tight sense of their own interest, they would make secure their present possessions, before they attempted to grasp fresh ones. SHIPPING INTELLIGENCE-(THIS DAY. FROM LLOYD'S. DEAL, Dac. 6.—Wind W., moderate.—The Horatio put back at about noon, and remains with the outward bound. PORTSMOUTH, DEC. 6.—Wind N. W., hard gales. PLYMOUTH, DEC. s.—Wind W., strong gales.—Ar rived the Twig, Herelin, from Lisbon. FALMOUTH, DEC. s.—Wind W., strong gales.—Ar rived the Briseis packet, front Rio Janeiro—sailed the 20th October. RAMSGATE, Dec. 6.—Arrived the T. S. Reeves, Bai ley, from Cork, with damage by lightning. LIVERPOOL, DEC. s.—Arrived the Urania, Dunn, from the Cape of Good Hope ; Mary Worrall, Smith, from Monte Video; Canadian, Glendinning, from Ceara; Bride, Moore, from Maranham ; Governor Troop, Pitcher, from Dirien ; Medura, Griffiths, from Charleston ; John Tay lor, Thayer, and Robert Isaac, Varnum, from Savannah ; Fairfield, Slack, from Quebec; Mary, Ball, from Smyrna; and John and William, Ellis, from Alicant. Off port the Augusta, Petrie, from St. John's, New Brunswick. DUBLIN, DEc. 6.—Arrived the Nancy, Way, from London. WATERFORD, DEC. s.—Arrived the Sarah, Hayman, from Newfoundland. ILFaAcoms, DEC. 4.—A vessel of ahout 300 tons, with loss of fore-mast, mizen-mast, and bowsprit, main sail set, and apparently a topgallant-sail set forward on a jury -mist, passed this port about two p.m. HOLYHEAD, DEC. s.—The mast of a schooner, 30 feet in length, with its rigging, drifted on shore at the back of the Head, the mast-head and both ends of the s and are painted white. LIMERICK, DEC. 4 —A vessel from London to Bir badoes was wrecked the 28th ult. off Ardfrey, on the coot of Galway. The Maria, Shearer, from Glasgow to this port, is reported to be lost near Letterkenneth—crew saved. The Elizabeth, from Cadiz to Valparaisa, put into Rio Janeiro, with damage and leaky, and supposed must dis charge. THE MARKETS.-(THIS DAY.) COVENT-GAR. EN MARKET. There was a great supply at this morning's market, and the trade was rather brisk, at little variation from last week's prices. s.d. s.d. s.d s.d. Potatoes (cwt.) ... ...... 3 oto 5 0 Spinach (half-sieve) 0 6 toll 8 Ca'4Dages,Savoy(l2)... 1 6 3 0 Apples " 0 7 0 Ditto Red 2 0 5 0 Pears 4 0 8 0 Cauliflowers 1 0 " 6 Quinces '3 0 5 0 Horse Itadish(bundie) 4 0 6 0 Onions '2 0 3 6 Celery 0 6 1 0 Onions (pickling) Carrots ,12bunches)... 4 0 7 0 Seville Oranges (100) 8 0 14 0 curnips Co',worts or Greens... 9. fi 4ii Lemons 7 0 13 0 Leeks 0 6 1 0 Walnuts 1 0 2 0 Turnip Raddishes 1 0 1 6 Span. Chesnuts (peck) 4 6 6 0 For. Grapes (per lb.) 0 8 '2 6 French ditto English, Forced 1 0 2 0 French Walnuts 4 0 6 0 Filberts Pine Apples (lb.) Melons (each) 4 0 8 0 SMITHFIELD. Supply moderately good, trade dull, and prices stationary. Coarse heavy Luwialtu Meadow Hay X 3 0 to £3 . New Meadow Hay 3 10 4 5 Useful Old Ditto 3 5 3 15 Fine Upland Meadow and Rye-grass Hay ...... Clover Hay (extra fine)...£s o... Generally Oat Straw ... £1 4to £1 6 1 Wheat Straw 1 8 1 10 HUNGERFORD. TA good supply, and a dull trade; prices barely'stationary. Coarse Meadow Hay £3 0 to £3 New Meadow Hay :3 5 4 Useful Old Ditto Fine Upland Meadow and Rye grass Hay 4 9 4 Clover Hay 3 13 5 Oat Straw ... £1 sto .£1 8 l Wheat Straw 1 S 1 1 THE FUNDS.-(THIS DAY.) CITY, TWELVE O'CLOCK. Owing to the stormy weather, the French Mail is not as yet arrived, consequently we are, at present, without continental information, and are dull in the city. Ship letters are received from Oporto, but their contents are not as yet communicated. THE FUNDS. Consols are nominal, at yesterday's prices, SBi, sellers for account ; Reduced, 87k ; Spanish, 234 ; Portuguese, 56ii•% HALF-PAST ONE. Consols have been the whole of the morning at BSl for the Acenunt, with little or nothing doing. The French, Dutch, and Hamburgh mails are still due, consequently we are deprived of intelligence from most parts of Europe. The Foreign market it also in a state of stagnation. Spanish, 234 x; Portuguese, 50§i; Dutch, 49k, ; Brad, 663 i. Exchequer Bills have improved to 44, 46. THREE 0' CL 0 CK. Console for the Account, BSI 4. CLOSING PRICES.—FOUR O'CLOCK Bank Stock 3 per Cent. Red B7l 3 pet Cent. Cons 31 per Cent. 96 3i per Cent. Red ...... New .1i per Cent 4 per Cent 1031 Long. Ann. to expire Ja,1860 Oct. 1859 l6 13-16 J . n. 1860 171,g India Stock Ditto Bonds 2l pro. South Sea Stock Ditto Old Ann Bl3 Ditto New Ann. E. Bills, 100(. , / 4l pm. Ditto fiCO/ Ditto Small Bank S .for Acc. 44 : 5 1 1 1 p m.) 7 Consols for Opg BBf India St. for Opg. FOREIGN FUNDS. Austrian, 5 per cent 951 Belgian, 5 per cent 951 Brazilian Bonds Buenos Ayres, 6 per cent 2Ol Portuguese, 5 per cent 56 Ditto, Iteg. Bonds Prussian, 5 per cent. Russian Bonds, 5 per cent 10•2.i D , - - " lON 22,1 - . . Chilian, 6 per cent. '23 -. Columbian, 6 per cent l4 Ditto ' 18'24 22/ Danish 73 Greek, 5 per cent 22} Mexican 5 per Cents, 1825 291 Ditto 6 per Cent., 1825 36; Peruvian 6 per Cent. Ditto, Metallic Spanish, 5 per cent 2.31 Ditto, 1323 2l French 5 per Cent.... —l . .;—c. Exchange — f. —c. French :3 per Cent —l. —c Dutch, 21 per cent 5O Ditto, 5 per cent 94 PEUWELL BAY.—For some days past a number of poor fishermen have been employed in exca vating from the sand in the Bay, the null of a wreck, that the recently new-formed course of Sandwich Haven, has, by the actio❑ of the tide, exposed to view ; and it is gra tifying to announce that their labour has been attended with success—the proceeds of their first week's industry having realized, by sale by auction, upwards of tsn pounds, and subsequently, on pursuing their search, a large quantity of lead, in massive block., of great weight, has been re covered, and should the weather continue favourable, much more valuable property will be rescued by the enterprising exertions of these industrious men. The wreck is supposed to have been the Rose, of Sandwich, and has been em bedded in the sand for upwards of half a century,—Kent Herald. There will be very gay doings at Woburn during the Christmas holidays. Private theatricals under the direction of a well known amateur, will, it is expected, he revived on the same scale of splendour as di•tinguisked the performances there two winters ago. Prince Esterhazy, the Marquis and Marchioness of Abercorn, Lord and Lady Albemarle, and other persons of ton, have received invita tions. There is at present assembled a shooting party fit the Abbey. KING'S BENCH.-(THIS DAY.) (Sittings before the LORD CHIEF Jusztcr and a special Jury, at Westminster.) THE KING V. GRANT AND OTHERS. This case was fixed to come on this morning, and on his Lordship coming into Court the following gentlemen were sworn on the Special Jury :-- Francis Walpole, Esq., A. Carruthers Johnson, El., John White, merchant, William Terry, Esq., William Tair, Esq., Leonard Cox, Esq., John Nichols, merchant, J. D. Thompson, merchant, Thomas Simmons, merchant, J. A. Droop, merchant, James Blakesley, merchant, Thomas Nash, Esq. Mr. FOLLETT opened the proceedings, and stated that this was a criminal information, filed at the instance of Alderman Winchester and Mr. Briggs, against John Bell, Patrick Grant, and John Ager, for publishing certain libels upon 'hem in the True Sun, and a pamphlet en . titled, " A Narrative of the circumstances which have led to the establishment of the True Sun," to which they had pleaded Not Guilty, and that was the issue they had to try. Sir JAMES SCARLETT said that he had very little to do beyond stating to the Jury the nature of the libel, and the circumstances attending its publication. With its truth or falsehood they had at present nothing to do. The defendants had already had an opportunity of making their own statement of the case, and if they had been able to substantiate their assertions by facts, to the satisfaction of the Court, they would not have been put upon their trial. He would shortly explain the relation in which the parties stood to each other. The prosecutors were Mr. Alderman Winchester and Mr. Briggs. The first was well known as a gentleman of high respectability in the city of London, whose character had raised him to his present eminent station in the Corporation. The second was a solicitor of that Court—a man of integrity and edu. cation, esteemed by all who knew him, and this was the first time any imputation had been thrown cut, reflecting upon his professional character, or his conduct as a gen tleman. The defendants were proprietors and printers of the True Sun, in which paper some of the libels com plained of appeared. One of them, Mr. Patrick Grant, being some years back proprietor of The Sun newspaper, by sale or otherwise of a portion of the property, acquired a partner, named /third() Young. Mr. Grant retained three-fourths of the property, but transferred one-fourth to Mr. Young, who was to have the management of the paper, with its editing and superintendence. Some time previous to the transactions out of which the libel arose, Mr. Grant fell into difficulties, and became involved in debt to the amount of 15,0001. Among his creditors was Mr. Alderman Winchester, to whom he owed a sum of 1,000/. Mr. Grant having thought proper to place himself out of the reach of his creditors, a com mission of bankruptcy was issued against him. For some time Mr. Grant continued on perfectly good terms with those who had been instrumental in issuing the commission. There was no complaint of anything improper, and all the parties concerned would no doubt have been glad to do Mr. Grant any personal kindness. Mr. Alderman Winchester was chosen assignee to the commission, in conjunction with a gentleman named Thornton, Mr. Briggs, being the solicitor. Their object was of course to obtain as large a sum for the creditors as they could, but they were placed in some embarrassment by the nature of the property and the kind of interest which Mr. Grant had in it. Mr. Young, Mr. Giant's partner, had pos session of the Paper, and was publishing it daily. The assignees consulted Mr. Grant upon the best mode of obtaining the highest price for the Paper, and found that Mr. Young hail, by the deed of partnership, a right of preemption over Mr. Grant's shares, should they ever come to be sold. Of course the assignees had only the rights which Mr. Grant would have had, had he not been a bankrupt. They were bound by the contract lie had made with Mr. Young, who had a right to be the purchaser of Mr. Grant's three-fourths in the property, as long as he was willing to give as much as any other person, Mr. Young claimed to have a private debt due to him from Mr. Grant, and also a claim on him for expenses to which they were jointly liable in the conduct of the paper. Without going into the particulars of the bargain, it would be sufficient for him to state that Mr. Young agreed to pay in all 5,0001., from which was to be deducted his private debt against Mr. Grant, and the 4,0001. to which the partnership property was liable. It was further agreed that if, on reference to two Counsel, Mr. Young's claims should appear less than 4,000/, then he should pay the difference between that sum and the sum actually found good. It appeared that Mr. Grant and Iris friends were anxious to repurchase his shares in the paper for him, and attempts were snide to outbid Mr. Young. Those, however, who made these attempts always made it a condition that they should be put into immediate possession of the whole property. But this the assignees could not do, for Mr. Grant himself could not have done it, and they had it only in their power to transfer Mr. Grant's rights. Mr. Grant, be coming dissatisfied, obtained partial meetings of the credi tors, consisting, for the most part, of his own particular friends. At those meetings representations were made to the creditors, highly injurious to the character of Mr. Alder. man Winchester and Mr. Briggs. Without going into details, he would state that Mr. Grant threw so many impediments in the way of the performance of the agree ment made with Mr. Young, that the latter was obliged to file a bill in equity to enforce his rights. In that suit Mr. Young obtained the advantage. The assignees, on their aide, were persuaded by Mr. Grant to file a bill in equity against Mr. Young. Mr. Briggs, as solicitor, was reluctant to enter into this suit, fur he foresaw its probable termination. In order, however, that no blame might be imputed to him (Mr. Briggs) he requested that Mr. Thornton would choose his own solicitor and counsel to superintend the proceedings. The result was most disastrous to the creditors. Not only did Mr. Young succeed in his own suit,but he defeated the assigne e s in theirs, who finally obtained much less for the Paper than they might originally have done. It was in the course of these proceedings that the libels complained of were published. When the Jury heard those libels read, it would be for them to say whether they did not form a just ground of complaint. At any rate, the defendants would have the opportunity of examining the prosecutors ne wall as all the other parties who had been named, for they had nothing to conceal, and did not fear that an im partial Jury would find anything but matter of applause and approval in the whole of their conduct. He would now read the libel. He should first state that Mr. Grant, who appeared to be a gentleman of violent temper, set up another newspaper, called the True Sun, in which, to the injury of his creditors, interested in The Sun, he constantly attacked those concerned in its management. It was one of these attacks on one of his assignees, and the solicitor to the commission, that he was now about to read— " We request the earnest attention of our readers to the report of the meeting at Basingliall-street, on Saturday, at which it was Mr. Alderman Winchester's fate to make so unenviable a figure. " The subjects discussed on the occasion are, of course, deeply interesting to us, but they are also full of matter of reflection to all who take an interest in reforming the abuses of our present system of law—to all who would connect re aponsibility with trust, whether the trust has reference to law making, or to the administration of law. " We have repeatedly stated to the public that Mr. Alder man Winchester has,in the exercise of his functions as assignee of The Sun newspaper, been guilty of FRAUD and FALEOHOOD. At a meeting of creditors, called by himself, Mr Alderman Win chester, it will be seen, stated, in reply to the indignant cen sures of his constituents—censures which supplied strong con. firniation of our charges—that he felt himself under no obliga tion to supply them with any explanation of his conduct—and that he looked upon their censures with utter contempt.' "The body of creditors whose interests Mr. Winchester has so grossly betrayed, refused, in consequence, to recognize him as assignee —to sanction his acts—to permit him, in short, to take any further steps UNDER THE COMMISSION WHICH HE urissitsr SUED OUT. In other words, the body, whom Mr. Winchester has hitherto represented, have declared him UN WORTHY OF TRUST. " Among the many remarkable incidents which signalised this meeting, one is particularly worthy of notice. " In order to defraud his constituents, and to enable hlurdo Young to secure The Sun on his own terms, Mr. Winchester and his solicitor some time ago alleged that Young had bought that paper. The allegation was a FaLsettoon. Winchester and his solicitor afterwards admitted it to be a FALSEHOOD. Upon that FALsuitoon, however, Murdo Young has tra led in Chancery for twelve months. Yet even Murdo Young, as appeared at the meeting on Saturday, has abandoned his plea of having bought The Sun—and has, by doing so, joined al! the rest of the world in giving the lie to his accomplices, Win cheater and Briggs. " We cannot venture, at amoment like the present, when political matters of such infinite importance engross public attention, to en large farther upon this subject. We trust, however, that it will not be denied that the public is most deeply interested in the investigation of a case so atrocious as this of Mr. Alderman Winchester. " As to Mr. Briggs, we decline saying anything more at pre sent. We understand that a motion will be made in a few days, at the instance of some of the creditors, to have him struck off the rolls. " An application for Mr. Winchester's removal from the assigneeshili, is also about to be made. " When the result of that application shall be known, it will remain for the Honourable Court of Aldermen to pro nounce an opinion on the conduct of this aspirant to the mayoralty, We trust, however, that they will, without wait. I ing for further evidence than was supplied at the meeting on Saturday, vindicate the character of Civic dignitaries, and show their respect for public decency, by expelling Mr. Winchester from their body." Now it was easy to make charges at a meeting of credi tors—it was easy to make an inflammatory speech at a private meeting, which could not he explained away with out a reference to documents not at hand. But before :flaking such charges, and certainly before printing them, their foundatio❑ should be examined into. Mr. Al derman Winchester was one of the largest—if not the very largest, creditor under the commission, and of course had the greatest interest in waking the bank rupt's estate productive. He had only now to lament the false view which Mr. Grant took of his own interest. On the 18th of April another statement appeared in the True Sun, which was too long for him to read the whole of. Lie would, however, read parts of it, premising that it was in the shape of comments upon a letter from a Mr. Merry. " Mr. Merry observes, that his' hostility' prompted him to do nothing more than require an ' explanation' from Mr. Grant. " We are far from questioning Mr. Merry's right to require explanations of Mr. Grant—and equally far from denying that it is Mr. Grant's duty to furnish such explanations. But it must not be forgotten that there were other parties, from whom, at least, as certainly as from Mr. Grant, explanations were due to the body of creditors—and we are not aware that Mr. Merry ever deemed it necessary to exercise his right of asking explanations from those parties. " Winchester, Briggs, and Young, for instance—the parties actually in possession of the creditors' property—had been openly, and for months, denounced as swindlers—yet Mr. Merry never deemed it necessary to call them to account. These individuals had been denounced, not alone by Mr. Grant —they had been declared by their constituents, to be unwor thy of confidence—yet still Mr. Merry saw no reason to de mand an " explanation" of their conduct. " Should we even assume for the moment, that the worthy trio had been wrongfully accused, still their obstinate silence under these heavy accusations might have excited Mr. Merry's suspicions, and prompted him to exercise the right, of which, in Mr. Grant's case, he was so prompt (and with justice) to avail himself. But if the mere silence of Winchester and Briggs would, in the circumstances, have warranted fears in Mr. Merry for the interests of his client, surely the refusal— the point-blank refusal of the Alderman and his accomplice, to satisfy the creditors when called on to do so, might have sug gested to him the absolute necessity of putting to use his right to demand "explanations." Mr. Merry, however, seems to have thought otherwise." Besides these libels in the True Sun, the defendants had published a pamphlet, prepared by Mr. Grant, i• which the prosecutors were grossly libelled. That it was prepared by Mr. Grant appeared on the face of it, and he believed he should be able to prove that it was published at the office of the True Sun, by Grant and Bell, and superintended in its printing by Ager. If, how ever, the Jury should be of opinion that all the defendants were not concerned in the publication of this pamphlet, he should rest his case upon the libels which had appeared i❑ the newspaper. But what rendered the assertions con tained in this pamphlet particularly injurious to the prose cutors, was that it was distributed by thousands gratis throughout the country, and that there was hardly a friend of Messrs. Alderman Winchester or Briggs who did not receive a copy of it. A libel published in a newspaper might perhaps for once be passed over, but every one must feel that a libel published in a pamphlet circulated in this manner, required some notice to be taken of it by those whose character and reputation were attacked. He would not say that this pamphlet was filled with falsehoods, although that was a word Mr. Grant was fond of using, but he would say that Mr. Grant was entirely mistaken. He would read one of the closing sentences. "At various meetings of the creditors, Mr. Winchester's solicitor has been convicted of falsehood— falsehood having always for its object the furtherance of Young's interest, at the expense of the creditors. On all those occasions Mr. Winchester has supported Briggs." Again, a little further on, Mr. Grant says, " Can any one who attends to these facts, doubt that Winchester, Briggs, and Young have leagued to defraud my creditors and me of our interests, di rect and reversionary, in a most valuable property ?" Now if this gentleman had looked at the matter with a calm temper, he should have asked himself what motive the parties he attacked could have for pursuing the kind of conduct he imputed to them ? Mr. Briggs bad no acquaintance with Mr. Young, and Mr. Winchester had no other interest to serve but that of the creditors. To say the least of it, it was exceedingly rash in Mr.- Grant to impute to these gentlemen fraudulent designs, merely because they took a different view of their own interest and his, than he had himself taken. There were various other statements of a libellous nature in this pamphlet, which had made the prosecutors feel it to be their duty to bring the case before the public. They had no ani mosity against Mr. Grant, but thought themselves bound to defend their characters. They had, however, much reason to lament his rashness ; for if the prop:tail of Mr. Young had been accepted, the expense of two suits in equity would have been saved, and a larger sum divided amongst the creditors. He should now proceed to prove the publication of the libels, and when the jury had heard them real, the only question they would have to decide would be, whether they were libels. But he could not doubt that when gentlemen were charged with fraud and conspiracy to swindle others out of their property, they would consider it a libel. Mr. James Fennelly produced a copy of the affidavit filed at the Stamp Office. It was read, and stated the defendant Ager to be printer, and Grant and Bell to be the proprietors, of the True Sun. Mr. Alderman Henry Winchester examined—l am an Alderman of the City of London, and was one of Mr. Grant's assignees. Cross examined by Mr. HUMFRET, for the defendant Bell—l don't recollect the day when he was made a bankrupt. (It was here stated it was the 4th November, 1830.) Mr. Thornton was co-assignee with me, and Mr. Briggs was solicitor to the commission. He had been my solicitor before. I don't know that he ever did any business for Mr. Thornton. I introduced him as solicitor to the commission. I don't exactly recollect what amount of debts was proved under the commission, but it was about 6,0001. My debt was about 1,2001. and odd. Mr. HUMIREY—What is that pamphlet you have ? Witness—lt is merely a memorandum of the affidavits. Mr. HUMFREY—Be so good as put it down for the present. _ _ . Cross-examination continued—l attended, from time to time, the meetings of the creditors. I may have read the newspaper, the True Sun, of the 9th of April ; I can't, from recollection, say that I have read the account of the meeting in that paper—(it was produced). I see an account of a meeting in this paper. I was present at that meeting. I knew Mr. Young, the part proprietor of The Sun, as a partner of Mr. Grant's. I only knew hint as being introduced to him by Mr. Grant, a year or two before the bankruptcy. Mr. Grant went from this country because he could not pay his creditors. While he was away I was continually in communication with Mr. Young, the resident partner, about the money owing to me from the concern. I struck the docket against Mr. Grant ; I was in communication with Mr. Young very shortly before the docket was struck, not in daily communica tion. He was the resident partner. 1 don't recollect seeing Mr. Young at Mr. Briggs' offie, just before I struck the docket; Mr. Young was informed of my in tention to strike the docket. I don't recollect seeing Mr. Young at Mr. Briggs' office about it. I spoke to Mr. Briggs about it, but I don't know that Mr. Young was present. I don't recollect whether Mr. Young was present when the Commission was opened, but I dare say he was. I was present. The debt due to me was for paper, sup. plied to Mr. Grant before Mr. Young became a partner, and was not a partnership debt. Mr. Grant was the sole proprietor then ; and afterwards he took Mr. Young as his partner. There were many meetings, at which there were discussions as to the sale of The Sun Newspaper. At the meeting of the 9th April there was an angry discussion as to the mode of proceeding. They were not all angry; some were very pleasant. At that meeting I don't believe f lll ri e r n . ch T w h o e r r n e u t i h n e re d ! si Ti r , e e ed re w w a • s i t a h d i t s t e te. u, o A n lla at that G . meeting i ng about tny offering to sell the paper to Mr. Young at a less sum than another person had offered. I don't know any man that then offered 10,0001. for it ; and I don't believe the person had the money. Ido not know that 3,000/. was paid towards it into Mr. Tbornton's hands. The Loan CHIEF JUSTICE interposed, and said the time of the Court was that of the public. Ile did not know how far this examination was to go. „.. --- Mr. 111131 FRET 'aid, he would not go into it, but his Learned Friend, Sir Jsmes Searlett, had gone into the whole matter. Slr JAMES' SCARLETT said he was not afraid to go into ;he whole matter. Ti-ie LORD CHIEF JUSTICE said, that was the very thing, but lie could not sit there to enter into all those circumstances. Cross-examination continued—Witness believes Mr. Young gave between 4,000 and 5,000/. for the paper, but if it had been said, as I wished, we should have had 101. in the pound dividend. We have now lost all our money The LORD CHIEF JUSTICE again interposed, and said be must object to this coursei although he could lee that the Counsel for the prosecution did not think it right to object to it. Mr. KELLY said he appeared for the defendant Ager. He would draw his Lordship's attention to the allegations in the declaration, and would then ask whether it was not competent to the defendants to enter into all the transactions ; for, in order to ascertain whether the charges were true or false, the Court should have all the me ins of doing so. The Learned Counsel then read some of the allegations of the declaration, setting out the commissions the appointment of assignees, and certain transactions, which took place subsequently to the commission, par,i. cularly what related to the sale of the newspaper. It then alleged that libels were printed and published of arm concerning those transactions, and that those libels were false. He therefore submitted that those transactions were open to inquiry. The Lortn CIIIEF JUSTICE here referred to the parts of the declaration alluded to by the Learned Counsel. Mr. KELLY said that the whole question was open as to the falsehood of those libels. The prosecutors had alleg .(1 substantive matters, and were about to prove what hail taken place concerning the libels ; they were not hound to do so, but if they did, the whole question was ope❑ to investigation. The LORD CHIEF JUSTICE raid certainly the terms of the declaration did raise the question, and his answer was that it would not justify the unravellin.; the whole rim of the transactions, and of the conduct of all the parties concerned. The witness was then cross-examined by Mr. KELLY for the defendant Ager—l knew Mr. Grant before I knew Mr. Young. I knew nothing of Ager, and I don't know him now. I instructed my attorney to commence proceedings against all parties concerned in that libel, whoever they might be. Cross-examined by Mr. Grant—l am still an assignee. There was a meeting called by you and your friends, and they wished me to resign my office of assignee. There was a meeting held by advertisement in the Gazette on the 7th of and I attended it; it was a very noisy meeting ; I don't know whether they ta fused to go on because I refused to resign. I dare say I was coiled on to resign, but I considered it my ditty to hold my office. There was a vote of thanks to you by the creditors. I was in the chair, but did not take any part in the vote, as it was so informal and bad. I withheld your certificate because I was not satisfied about your Scotch property. Mr. Briggs had made inquiries since. I afterwards signed your certificate, but after some hesitation I referred it to Mr. Briggs, who, upon inquiry, advised me to sign the certificate, as it would be improbable to make further discoveries. I have seen printed copies of the affidavits, but I have not read Mr. Thornton's affidavit. I recollect the meeting at Mr. Thornton's, of the 15th of March, when Mr. Lomax was there. I never saw 3,0001. in notes there. I heard there were 3,000/. there, but I did not believe it. I never saw the money, but that offer was made and accepted by me. I was pleased we could get such a price as 13,0001. instead of 9,0001., and we should then have got 18s. in the pound. I swear I ac cepted that offer if we could have got the money. Ile-examined—That offer was not complied with. (Some bills of exchange handed in.) These bills were the last I drew on laitn. His bills were always renewed, and not one was now paid. The debt was all contracted while Mr. Grant was sole proprietor of the paper. Mr. Young was Mr. G.'s partner when those renewed bills were drawn in 1829. (A list of debts produced.) That is the list of debts Mr. Grant gave in to the assignees. His LORDSHIP inquired why this course was being pursued. Mr. IIUMFREY said he hid already aired the amoun of debts that were proved. Sir J. ScaaLxrr—Yes, but that is a fallacy; for by that list it appeared he owed 15,7001. Re-examination continued—The meeting of creditors was very noisy, and I think some of the persons were not creditors. (Some papers put in.) Those pipers state the proceedings of the 7th and 9th April. There were only five creditors there on the 7th, though the room was full of persons who were very noisy. It was a private meeting on the 9th, summoned by Mr. Grant. I had no friendship or interest towards Mr. Young. He was a perfect stranger to me until Mr. Grant introduced him to me. He was in communication with me, as Mr. Grant was abroad, and Mr. Young recommended me not to take hostile measures towards Mr. G., and I refrained for some time. He returned, and the docket was struck at the suggestion of Mr. Grant's family, for he could not other wise extricate himself. (A letter produced.) That is Mr. Thornton's hand-writing. Mr. Briggs examined by Sir J. Scatturrre—Was the solicitor to the commission ; remembered negotiations for the sale of the Newspaper. Never saw or knew Mr. Young by name, even till after the docket was struck against Mr. Grant. Attended the meeting of the 7th of April, the account of which published in the newspaper was overcharged in every respect. Cross•exantined by Mr. IIiSIIMEY—A sum of 10,000/. was offered for the paper by a person named Sutton. At the meeting of the 7th of April, a man named Sutton offered 10,000/. down. The first offer by Bell and Lomax was 11,000/, 3,0001. deposit, 3,000/. more in 14 days, the rest by acceptances at three mrinths, or a shorter period if required. There was no offer of 10,000 down at that meeting. Mr. Sutton attended for Lomax, and said he had 3,0001., which he would put down. Witness hoped he would be called into the box and compelled to state, if lie really had that money, where lie got it from. Sutton did not produce the 3,0001. at all. Thornton said he was in possession of it, but witness did not believe it was deposited with him for the purpose of the part-purchase of the paper. He did not produce the note, but said he had it. He did not say it was deposited by Lomax. It was not stated that no assign ment of the paper was required before the money was paid. Mr. Winchester accepted the offer of Lomax, because it was better than Young's, but he desired wit ness to make strict inquiries with respect to him; and the result of these inquiries caused witness to advise Mr. Alderman Winchester not to accept that offer. Told Mr. Bell he would not advise Mr. Alderman Winchester to take their bills. Probably did say that he would not advise his client to take the bills of any person for so large an amount. Young was to pay in bills ; but he was not to have an assignment till they were paid. Mr. Young proposed to pay down a fourth of the money, and the rest in bills, and have an immediate assignment ; but this was not agreed to by the assignees. At the time Lomax made the offer witness told the parties they could not have the assignment till the bills were paid; that they could not have possession, as that was in Sir. Young. The paper was originally to be sold to Young for 9,000/., 5,000/. to be given in any event to the credi. tore, the demand against the estate of 4,0001. odd to be investigated. Witness told the assignees that that offer was better than Lomax's, which it had turned out to be upo❑ investigation of the account having undergone the ordeal of the Court of Chancery. By Mr. Grant—Was now solicitor to the Commis sion. At the tumultuous meeting of Mr. Grant's friends was called upon to resign his office of solicitor, but did not believe it was the wish of the majority of the creditors he should do so. Received a letter from Mr. Grant's solicitor, but not signed by the creditors, to the same effect. Mr. Logan, who was a creditor for 300/., was at the meeting, but since then, as a lawyer, he had reason to believe he was no creditor. Did not think Mr. Hill signed the resolution. Mr. Merry, his so lictor, refused to sign the resolution, and in consequence of that his name had been mixed up in that libel. Was present at the meeting of the Ist of December, when a vote of thanks was given to Grant. It was possible that he was accompanied by Mr. Young, when the meeting took place at the counting-house of Mr. Thornton. Had a deed ready prepared for Mr. Young's signature, at the request of both the assignees. By Mr. KELLY—Had no communications through the transactions with Mr. Ager. Witness never had seen him himself. Had no feeling against him whatever. By Sir JAMES SCA RLETT—The first proposal was by Mr. Wesley, but he never made good his offer. Week after week passed away, but he did nothing. There were a great number of offers. The assignees always expressed themselves desirous to sell the paper to the best bidder. It was at the meeting just before witness went to York that Lomax's offer was accepted. The preparation of that contract was left to Mr. Lotnax's solicitor. One of the provisions of that contract wa., that the parties should have inamedi ate possession, which could not be given by the assignees in consequence of Mr. Young's possession, which had been subsequently decided in Mr. Young's favour by the Lord Chancellor. The newspaper was afterwards sold by public auction by the Court of Chan cery, and none of the parties who had made off:rs were in attendance. Mr. Logan proved under the commission to the extent of 1,0001., while his debt, according to Mr. Grant's own statement, was only 3001. Mr. Hill's debt witness believed was upwards of 1,000!. (The libels were then put in and read.) Mr. Young sworn and examined by Mr. FoLLETE-1 became partner with Mr. Grant in June, 1828. I became acquainted with Mr. Winchester in May, 1826. I wa left in management of the paper when Mr. Grant was abroad. I had frequent communication s with Mr. Alder man Winchester. I became acquainted with Mr. Briggs in November after striking the docket. Sir JAMES SCARLErT then stated that he would no put in the pamphlet, as he mild not tract it to tkt P' ticular defendant.. 110 would rely on the neviroPlP. r ro Mr. HUMIREY then submitt e d severa l ohjee . " ° the different counts of the declaration. Mr. 0114 0 . „ gi caged an acting attorn e y" of thi s C our t ;it t 1,"" is mitted that Mr. Briggs should prove hi s a d t niss° the Court. 16 y b-livve *hich they had hem th Iti%h to ben Young offe appeared thanker in r Sir JAMES SCA R LETT contended that haying : l it. 3 ,0001.bei described an " acting attorney" of the Court sys' l ,,,'S bends, 3,01 , sufficient, especially as there was some thi ng talke d the remain motion to strike his name off the Rolla of the Cout 4 ' he to dates ; or, Tse LORD Curer JUSTICE said, that it might n° l l3 Partly in bi strike him off the Rolls of the Court of King's Ben e r i o ll; down on t Mr. HUMF ECY —P e rh a p s i t meant o ff the those perec Court. es Paper, wit( , foe objection, however, wa s ov erru l e d ; a nd s P o ll Paid down was sworn in order to p rove th a t 31r. Briggs that it wa f filled the character of an attorney of th e G,urt. Counsel) now complete , The caos for the prosecution b e i ng Mt. :lUNIFEF:Y proceeded to add res s the Jeir 01 beli eve d 3 i / gll the assign behalf of the defsnd tnt, BA, who, he was exert t ie 1 3,0001., sorry to say, warn prevented from personally addrefoi e s s al they heli , Jury in consequence of having met with a very 10° e0 0 Mr. Brig situ at f a tal ac c id en t. U pon a ll occas i ons an ad, ia to take hil felt that a d ee p respons ibili ty was i mpose d on blibr equal obje undertaking. the cause of a defendant who wa s charki s fly' • from a ll ot , criminal inform a ti o n f or lib e l ; b u t i t was e"P e ,,as Was to pa advantageous that a d e f en d ant , w h en t h e , ~i'l Briggs ' ha i traced to himself, should have the op1 0 :: o eth bail wish of stating his case to th e j ury persona ll y . He v ` o is Young ha however, that the jury would give Mr. Bell ever,' ° te r. been take • &ration, and the benefit of any doubt they might en i ,el at which tain ; because, if he had addressed them himself, b e . rt cifered 1 no doubt he would h a v e secure d a ver di ct i n his l' e h l a l :r Young ic He bad some r e ason to com pl a i n o f th e mo d e i n Whi c iee tiled his James Scarlett had c o n d uc t e d th e case f or t h e proser e ' d if had filed He had assum e d th e t one o f t h e moat per f ect can dour' - 1 01 and the he ha 1 a desire to investigate the whole parti c : e fl, deprive of these transactions ; at the same time knowing vet . / ' - o s out a Im although th e J o . y, who w e r e unacqua i nte d w i t h the P o t derived • in criminal proceedings, were ignorant of the faet , : o believed the Court would not allow him to go into the transac ti l ; te parties k This tone of candour was adopted because it was and Win hated to produce on the minds of the Jury an imprer t bs all they c in favour of the prosecution. He knew nothing had they character of Mr. Ald er m an Wi nc h ester or M r . Pr 7s t eel, did r except as evolved in the course of those transactions; o f. Briggs a his Learned Friend had eulogized the one as the most rs bf and witr lent assignee, and the other as the most praisel er e o f they mu attorney, that had ever been employed in a commissie ri had they bankruptcy, because he knew very well that no i",. ( k u r ei call thei into the truth o f it cou ld b e perm i tte d. I t was n ot "L y s Chester early to embark in his ca use th e p re j u di ces o f the "" e te et their o The prosecutors were represented as men of the ge e ; o e Winche uprightness and int egr ity, w h en t h e d e f en d ants to than the opportunity of making other statements in opposi t ' ep ei fluent those of the prosecutio n ; an d t h e w h o l e o f t heir ' e• the asst rested on being abl e to e li c it certa i n f ac t s f rom the P ro t . The lib, cutora themselves, in order to tu rn to th em the I t t them w Lion of the Jury. Wi t h respect to t h e questi°,° :6 keeping issues, there was another thing he had to cons Pl ai n ts ,s benefit which lie considered h a d been partly in the nature ng r , deuce, after-thought—be meant the putting into the WI 0 ) no dui Murdo Young. His Learned Friend (Sir James Sesrle o , of higt had stated that he would put into the box Mr. stide rta his has Winchester ;he would also put into the box Mr. Brigf„°l,l would and after he had as c e r t a i ne d th at t h e d e f en d an t s could " this na enter into the whole tra nsac ti on , h e sa id be w h e re would call Mr. Murdo Youn g . Th ere was sa f e ty-- 3 "„ o and M was great advantage--in putting him there, he ro ",ll proved it was known the def en d ants cou ld not i nqu i r e intet-bs Mr. 'I his share of the transaction. But besides aatimiling II made inerit of putting Mr. Young into the box, he had alb e s - be to whit another objection to mak e to t h e mummer in whic h 0 his ha case for the prosecution had been conducted. a l I did not help thinking that it was not f or hi s L ear ned r e h ., - e met to extract from the bo o k now b e f ore hi m , a passa ge " c ( ; - t e said b he chose to call a libel, which he should have Pr° re he n produ have been written or published hytwo of the defendan is l.i t have he hail not ventured in his inform a ti on to ma k e a ny eurnP ;r o d a kid, ' on e subject; and as hi s L earne d F r i en d h a d c hosen t c ' to be for a m that passage to them, whi c h certa i n l y seemed to him t° requif a most carefully selected one, he should take the libe l. ;.ge of a reading the passage preceding it. There was no P ie ee s. absur that could be made lib e ll o u s , if on ly th e h a lf o f it wa s r h o. - That was another complaint h e h a d t o ma k e against ,„ .10 But the great e st compl a i n t o f a ll w hi c h h e had t° as was, that Mr. Winchester and Mr. Briggs, desiroauf the they were of inquiring int o all th e circumstance', die case, and of not getting a v e rdi c t upon an ything but ba it merits of the case, should h ave c h o s e n by t i own inclination, and n o t f orce d t o it by an y rules of ot to have adopted that p ecu li ar cou r se w hi c h shot out t " 0 inquiry into truth. His Learned Fri en d h a d gate them, that by the rules of law, before the infornast i°A , which had been asked for could be granted, the p ros ecut ° o must have denied the truth of the libel. There wo t o doubt about that ; but although he must have denied truth of it, yet the July would recollect that by this b r of proceeding he alone could have been heard. T ,,,t were aware there was a mod e o f p rocee di ng the in' t i o , approved, because the most satisfactory, by which characters of persons, when they we r e a tt ac ked, , fl i g y r he protected, and when the value of the cha r° ba cl upon which they complained that an attack o been made, might a n d did en t er i nto t h e considerlios of the Jury. What was there to have prevented de b Briggs., an attorney of th a t C our t, f rom adopt inl ti ld a course, upon whom, therefore, army attack been have been most probably visited, if it had Leo ds false, with very gr i evous d amages at the ', c oo of the Jury, but which if it was not, he w o uld I's° " oo la out of Court with time smallest damage s th e jury „%rtis Marti have given ? Why was that course no t a d opte d, and r. to cularly on the part of p ersons w h o were so sn%ieu"da examine into the truth ? Th e i r anx i e t y t oo k a veil b ,cl course. Anxiety to inquire into the truth ! V e Yb e en chosen the only mod e by whi c h th e trut h cou ld have both excluded. Why did not B r i gga or M r . Wi nc h es ters t b e of them holding hi g h an d res p ec t a bl e s i tuat i ons , put 1W• matter into the shape of an action, in which us ° , ee a Grant, Mr. Bell, and Mr. Ager, would have hl permitted to justify their conduct, and °l vo have been permitted to say, " true it is t he did charge you, Briggs, being the solicitor to, the contmissiou, and you, Win c h ester , b e i ng on e of ed assignees undsr the commiasion, with having endeavn u ' t i, o to make, not the most of our paper, for the benefit uf_ creditors, but with putting up a p urc h aser o f yo ur ow l " „ whom you w e re t o se ll thi s paper , to d ece i ve your a: 4 ditors, and we will prove it to you ?" Why, vi" that the thing which Messrs. Winchester and Briggs P .- fessed to desire to have done ? But why did they not adohi that course of proceeding which would have enabled t defendants to prove it? The defendants would then h gv-- been entileed to their verdict, and to have given evidel that, altho ug h th e y h a d sa id t hi s o f B r i ggs , or assert e that of Winchester, it was not a false and malicious state-, ment, and they were willing to justify it. Butt the i ) j had not thought p ro p er to a d opt t h at course . He w" ask of the Jury whether they could assign any m otive fi r their not having done so ? Th ey pre f erre d t h at co ur ,, °, proceeding where truth w a s exc l u d e d, an d w here tro t ' could not be heard, in preference to that in whit!, the real merits of the case might have been gone lut e ': He was at a lo s s t o g i ve any exp l anat i on of it exceP,' this—that p ro f ess i ng , as t h ey did, b y t h e ir Cauns e ': their anxiety to exami ne i n t o t h e t ru th, th e y were Pe ru liarly afraid that th e tr u th wou ld h ave b een inquired in t ° . Now, with respect to th e lib e l s th emselve s. The l ibels !_ were charg e d, an d b e ca ll e d on t h e j ury to e xercise th eir judgment on that, to be false libels. First of all, tbeY would have to s a y w h et h er t h ey b e li eve d t h em t o be hiuisei.. Next, whether they believed them to be false o we r id With respect to the question of libel, his Lordship direct them on th a t su hj sct , an d i t wou ld b e for them, seriously, to f o llow hi s di rect i ons , b ut at t h e s ame tin d ie l. judge for themselves. Ile would ask th e m h o w they u(n ii , their bands on their h ear t s an d sa y th e y were false' wel len the prosecutor himself prevent e d th e m f rom inquiri n g Hattt the truth ? Now, what was, according to their own ac count, the situation of the parties ? Here was Mr. Grant, a gentleman of property, of family, and of character ; and Mr. Bell, a gentleman of high respectability-- 5 of literacy attainments, conn e ct e d with time paper—an'l they stated what th e y truly, s i ncere ly, an d conscientiousl y thought, that Messrs Bri g gs a n d Winchester had so much mismanaged th a t t o w hi c h t h e y l oo k e d for the support of themselves and their f a mili es , as t o have deprived them of it, by th e i r w ilf u l inistnanagement or gross carelessness. It appeared, that on this paper there was gentleman a Mr. Y o u ng w h o b a d bone share in it. It a ppeared also, that M essrs . Briggs and Winc h est e r were accused of selling the shares to f,lr. Young. This fact had come out from Mr. Briggs, that Mr. Young offered 7,6001. for it, Ind offered to pay dawn in inooey—What ? 2001. Two hundred pounds down in money ! They had this fact also, that fur this very Paper, at a subsequent meeting of the creditors, there was offered no less a sum than 13,0001. Mr. Young himself having bid above 12,0001. for !,lie Paper, which he Was desirous of getting into leis possession, and which they were desirous of letting him have for the auto of 7,5001. So that with respect to the observations of his Learned Friend, with respect to the defer' lants, that they ILid caused this Piper to be utterly depreciated, and that they had prevented the creditors from getting the full value for it, it totally fell . to the ground. Who had prevented th e m from gett ing ;he full benefit of it ? Why, Alessre. Briggs and Winchester. lie would, therefore, ask them idithSt Was that not ti Mr.