The British Press; or, Morning Literary Advertiser.
London, England, 1805-12-05 00:00:00

LIT IvrFLUGENCt;

COURT )F KING's-Iskt4eii, Wormilesten, Dee. 4.
Sittings al Nisi Prime. Gerore Lord ELLEnuououeff
and Special Juries.

USURY.
SPENCILLY, Qai Tam, 9. OF.PIER AL DC WtLI OT.
This anion w.ss hrcughr by the Plaintiff; to re-
cover the penalty of treble the amount of the sum
advanced upon an usurious ttansOinn.
'rite SOLICITOR-Gt:sta it.. for the Plaintiff, ob.
served. that this was a case in which most etr.r-

mous interest had been extorted from the Marquis
be Champ•nrnnac, and was equal to twenty titnei,
at least, of the h.gal interest. It had heel) end.. e•
vowed to fix thi.. as a gambling partnership, and
equal share of profirs ; and, because of the magni-
tude of orverest charged, it might be sup-
posed it was the case ; hut he would chew the fad
was otherwise ; and, extraordinary as it might ap-
pear in this country, where a usurer never thought
of taking half so much, yet he would prove it actually
was the case.

The Margds dc Champownnas was then exa-
mined as a witness, through the medium of an Inter-
preter, and his examination lasted near four hours.
He stated, that, about three years ago, he first knew
the Defendant in London. 11e borrowed 5001.

from him, through the medium of a friend, whom
he at first declined naming, hut who afterwards
turned out to be the Marquis do L. rsendeau ; for
this sum he paid interest, at the rate o 9), per enon-)1;
he also borrowed 3001. for the loan :.f which he !said
.51. per mouth ; he also teir'-rwed of :I'm 2,0001.
1,4001 of which was in louts d'nirs, for whi hhe paid
interest of It ,01. per mem!: ; he afterwards paid
•ff some of these sums, and there remained behind,
in his hand:, Innis d'ors to the amounc of 1,2031. for
which he paid, I,lst at the rate of 501. and after-
wet 's at 601. per month. There were other sums
which .he had from the Defen•litar, upon the same
terms, not neceeidry w st..te at tarp..
On a very lung a.id afillOUS CrOSS•eXa!Tii
by Mr. Ease tee, lie denied that this was any tb.,,,g
of a mercantile specul nicety in tvoich the Defend-
ant was to participate in the profits; he had been a
considerahl. dealer in jewellery, watches, ttiakets,
gold. pieta, es. ice. ler the aurmase, if possible, of
retrieving the property he had :ost :a France b- t
revolution, and, in rwePtr to itay his cm 'llion, he a fr-
sniVed he had earn' dnl, in the hope t accuaseitino
a sum of money to discharge their dein as ;
be had not two bags of louis-d'ors
besceg-
leg to the Defendant; only .roe, containing
sight hundred, which he returned to the
Defendant, vhd desired he vanild keep them • het
he dilnied having advised hire not to carry ;Mtn
with him into toe country he afterwards sold them
to a pet son wnom the Deiendatit knew. I•Vhert he
was arrest:d by the Derendant, he admi•ted, that
perhaps ile hal said settle soothing welds to ll' ,
and made use of tome expressions of gratitude to-
wards him ; bat, when asked, had he not sustain.
cued the Defendant not to bring him heft tee the
Magistrates in Bow.stteet, as a Swinii-r ? lie start-
ed up in a paroxysm of rage and incitgna-t sn. .nd
addressing the Court, in broken English, told :,is
Lordship, he had had the honour to be the NV sister
to the late Kind or France, and could not suffer
such an indignity. 14- appeared Amos' :,verco ne
by his lecher, and most veh amenity sad positively
denied any such circumstance taking place.
Josephine Moi te4u, the :muse-keeper of the last
Witness, stated, that she was the person votes regu •
larly paid the interest upon these sums so unriowe
by the Marqu s, from ao: Del alciant ; and, inn e
instance, paid 1141. which appeared to he the extat
stipulated interest, for some of t lose pecific SUMS.
Mr. GAIIIuW; on her cross-examination, went
into a long account of the dealings and trade of the
Marquis, from which he derived little wislietion ;
he osserved, that the Marqui was a very general
dealer, who bought of the emigrants, because they
most sell, and sold to the Er4glish, because they
were fouls enough to buy. However, in the sr gtiel.
the Learned Counsel was not able to ascertain from
her evidence, that there were any commercial part-
nership dealings between these parties. She admit-
ted she had been examint d, not on na,h, before the
`Magistrates, at Bow-street, when toe Marquis ab-
scon•led ; and that she the.' denied any knowledge
of his abode, as she considered herself bound not to
disclose tamili secrets.
Some attempts were made to examine the wit-
nesses, as to trantaaions of the Marquis with the
Count de Schulenberg, in order to Thew what was
the !Marquis's general mode of dealing with him
and other persons, respecting the loan of money,
an I the manner of paying those sums which the
Plaintiff endeavoured to make out as interest.—
After much argument by the Counsel, Lord Eccra-
auaouois considered it an attempt to mix the mat-
ter of a fernier cause, by introducing irrelevant mat-
ter into this. which he could by no means permit.
Mr. EitSIC Is e, then, for the Defendant, observed,
that the General and :ilarquit. were both men of
rank ; and to which of them belonged honour and
integrity, the event of the present cause would de-
termine. If the fatfts could be true, on the part
of the Plaintiff, he must be one of the most exorbi-
tant extortioners in the world. After some observa-
tions cn the evidence, And the enormous expence of
trying this anion, which, he stated, was only
instituted against the Defendant, to harrass and per-
plex him, the real Plaintiff, he said, was a car-
penter, in \‘'ills,street, where the MAlquis had taken
shelter, when he ran away.
Sevetal witnesses were called to disprove the testi-
mony of the Marquis ; and among others, the Mar-
quis de Cotentin, Count Bertrand !e Niolville, Minis-
ter of Marine of France, in the year 1792, just
previous to the revolution, Count de Berchene,
Compel Combole, and other French Noblemen and
Gentlemen ; some of whom stated, that they had

sten the Marquis de Champowitaas when he was
wan sted ; he then cleaned he had nothing left but
601. And his watch; said that the General n as a brave
and generous man ; expres.ed great shame, sorrow,
contrition, and disgust, at his ot‘n condod ; and su;,.
plicated the General, not to bring him to liow-street,
exclaiming that he was, for ever, a ruined man, and
would spend his latter days he a prison. All these
witnesses agreed, front these, and other circum-
stanceso that he was not a man to be credited on his

041 k.
Atter an able repiy to etiJence by the SoLicttoa-
Gana AL.

mut
being
five counts of the declaration.
This cause a-tmm.•need trial about eleven o'clock
in the morning, And thl t•erdiiEt WAS not returned
until near seven in the evening.

SHERIFF'S COURT, Dmetmaga S.

!TINA ET r. TAME.

SH %KM% \RE GALLERY.
Mr. Matav•T stated, that the Defendant, a mo-
deller, in Leicester-square, haring obtained the great
prize in the Shaltsp.are Lottery, which entitled him
to the gallery and its contents, hail, by the recom-
mendati:m of Mr. Caldwell, an eminent artist, and
General Melville, ap!.'ied to the Plaintiff, an auc-
tioneer and bookteller. in Piccadilly, to sell the same
by public auction, and Er accordingly consi,nted in
do so; the Defen lant was desirous of knowing hi-,
terms. and the Pt-iiitiff appointed a meeting to ,e,tie
the same, when tie parties who had introduced th.

Defen.l.tnt to Plaintiff accompanied him. Plaintiff,
on being asked what he should charge, in the roost
liberal manner said, th.it he felt hitnsulf so much

obliged to the Defendant, foreuvi.ig employed him
in the business, that be would rather leavr: it to Lim-

self, after the sale, to reward him a:crir,ling to lit
exertions. flowerer, Defendant declined this, And
deidsed to come to an arrang-ment, and proposed to
P+l the Plaintiffs per cent. for selling; to this propo-
sal Plaintiff assented, declaring that he was more
than satisfied, and Defendant desired a written memo-
randum .tf the terms ; Plaintiff drew the same, and
Dsfendaat asked him how much he should he allow

ed to buy in, grater? Plaintiff said 40001. Mr. Barney,
the artist, who was present, said, be thought that
sum .on large. and it was eventually settled at 30001.
and f Defendant chose to buy in all above that sum
he was enly to pay two and a half per cent.; and if
the premises were sold by private contract, Plaintiff
was only to have 501. for all his trouble, and to pay
the pii:Juee at all events within three weeks after
the sale. Defendent offered a counter memorandum
to the Plaintiff. hut '.e declined taking it, saying,
that if at any time the Defendant 'tithed to retrael
from it. be would only charge such a sum as the
fitee auctioneer in London should say he was enti-
tled to. llefenJent let eared eimself per ctly satis-
feed; and said, that his haS heard a most respectable
bstraeter of Pleintid, and o deabt that he
.euld eve him satisfaction. Plaintiff advertised
sale, in the several princ.pel newspapers in the
, kit gloat, and paid eve necessary attention
to the usiness However, the Defendant, for some
enknewn Tees° 1, thought propee to be uissatisfied
with tee Plaint and sent him a letter tem the 22d of
...psi', after he had atece ten weeks as his auetioneer,
saying re had employed Mr. Christie, ael de-
ch seeing Plaintiff; wry) was, of course, much hurt
At such unmerit••d treatment; he sent a letter to the
D•eendant, expastilL ie?: with him. and celled on
hint pereonally. l'wn m'st reap table men al.,
caned on the Defend:hate the one a clergyman,who,
being absent at his living, could not Attend the in-
quiry before the Sheriff; the other, a witness
wham he should calt ; atid they .sled Defendant
why he WAS dissatisfied ? he could assign no reason,
and merely said that he %vivid net sacrifice his pre-
pe-ty, and that Plaintiff had charged him five pet
cent for selling en- huildieg. instead of one and on-
ldf. The learned Ceunsel cnntinued, that he
would prove that the charges of Plaintiff were lea
b,. IM. accerding to the agreement he find made,
than the regnlar per cent Age, and that his conduel
was most bendier/le ; and his having had an
offer of 15,0001. for the whole, by privet. contract,
which was mare by upwards of 40001. than the
ameunt of the sale of the paintings by public auc-
tion, by Mr. Cht istie, and the subsequent :We of the
building by private contract by that gentlemen ; who
cent holy had, in his letters to the Plaintiff. on the
preeeat oecesioo, shown himself a man of liberality ;
And that instructions from his Client we:: Anted I im
in the observation, that the Defendant sad d-
efined taking less than 25,0001.; he conclud d an Aisle
speech by saying, that he did taut ask the Jury f t
any damages on account of the injury the PI ,intiti
ha f received, by being cap Ised to pubic censure,
this sale being taken from him by Defeo ,ant with
out any reason, and his feelings being bur, he only
aseed a reconipence for his trouble, and that he
•
should he pose the aettial expence he had suatAineJ
in advertisements, catalogues, &c. and he had to
!amen., teat the damages in the Lleclaration were
not laid at a higher sum.
Several w.tcesses were called, among the rest,
Mr. Barney, the Fiettre-Master at the Fti yal Aca-
demy, Woolwich, who retouched the several paint-
iege in the gallery; he prov .d the aieteerr at,
and the liberal offer mad: L) t otiattiff ; se erel
other witnesses e"mpletely establislte I the various
p is mente in the Petintiff's bill ; and Me. Willock„
most respedlable auctioneer, was then called, who
said, that Plaintiff's agreement with Defendant, wes
most fair and liberal on his part; and, as to his
knowledge of paintings, he c mid not but adm;t that
he se mild have aged as Plaintiff did, by having re-
course to the assistance of some eminent artist; he
knew the Plaintiff to be a very re.peetAhle and de-
serving man ; he had been entrusts I with the Mar-
quis of Donegal's sale ; lie had afted in the pre-
sent instance most honourably, and had been used
very ill ; in his opinion, his demand was most mo-
derate and reasonable.
Forrest, partner with Messrs. Skinner and
Dyke. corroborated NIT. NVillock, and declared, that
Plaintiff': conduct was very !theta', and his charge
moderate.
Mr. Squibb also supported the Plaintiff's claim,
and spoke is to the fairness of his conduct, and the
justice of his charges.
Mr. LAMES spoke at some length for the Defend-
ant ; he contended, that Plaintiff ought not to
be paid more than twenty or Chitty pounds for hi.,
trouble; the learned Counsel seas very haepy in his
allusions to the gentlemen of the hammer ; enJ,
at the conclusion of an entertaining speech, said be
would not call witnesses, but be would put up to •
Plaintiff's bill ; and, for his trouble, sly ten pound
to begin with; he saw a gentlemar bid twenty
pound—thank ye Sir! Mr. Manlier, at a bold bid
der offered four score ; but the gentleman was toIJ,
the lot was knocked down.
Mr. 34 Y a, the Under Sheriff, charged the Joey,
observing, that the Plaipthi had completely slut-

OLD BAILEY SASiNAB -D

ffehl before Mr. Artier Gau .e, Mr. Baron GIARAI4
the Lotto Ma YOK, the Racoatita, add a newer***
Bench er A i Dee se [N.
Mar,/ FrthOn, tfary Anne Mo►..an, and Elite:helot
Weiler, were capitally indided, for stooling one ilk
shawl, value two guineas, privately, in the shop of
Thom is Lloyd and George Hyde.
Thomas Lloyd deposed, that he was in partner-
ship with Mr. Hyde, and that they were in the
haberdashery line, in the parish of St. James.
On the 4th of November, between two and I.‘ ur
o'clock, in the afternoon, the Prisoners W them avid
.vlorgon, came iuto his shop. The I utter asked, whe-
ther be had a bonnet that would suit the former, who
WAS an elderly venmon ? The shop, at this tine.
WAS hill of company, and these ten Prisoners went
into an inner room, with a youeg woman corn at-
tended his shop, ter the purpose of trying on
bonnet. which they had fixed on. Shortly it'rec
this, they sv.ott away without having made any put-
Joise ; and, in c msecrie-ce of a:: observation of
nue of the persons in his shop, he was induced to
oursue them, though he hod not before the smallest
i lea of hsv.ng lo.t Any thing: He overtook them
in St. James's-street, in company with Elizabeth
Walker, the other Prisoner, and, with the assistance
of some of his friends, broueht them all hack to his
shop. While they were there, a silk shawl was
peoduced to him, which he was infnmed was foiled
on one of the Prisoners, and lie instantly knew it to
he his property. The Prisoners offered to pay him
any sum he pleased for the shawl,..but he refused to
compromise the matter, and sent for a constable.
Thomas Bristow pursued the Prisoners, in com-
pany with a Mr. Pope, who had been sent after them
ay Mr. Lloyd, an saw Wilson and Morgan go into
several shops, constantly ',toying Walker outside the
door. They at length seized them in St .lames's-
street, and brought them back to Mr. Lloyd's shop.
('he prisoner Morgan, when she came there, immeo
(Feely ran into the back shop, and calling out, in a
1 ud voice, st What is it you charge me with r' en-
deavoureo to throw the shawl, which she had in her
muff, on the counter, where several dosen of the
tame kind lay. The witness, however, just as she
took it out, wised hold of her h. ad and deteifted
her.
Several other witnesses were then called, whose
evidence went to corroborate the iii is already stated.
It also appeatei, that Wilson, the elder of the two
women who went to look at the bonnet, represented
herself as nurse to a nobleman's lady, and stating
that her lady wished her to look very smart, gave
direaiuns for a handsome bonnet to be made for
her.

The Officer ;minced the shawl, which was iden-
tified h 7 Mr. Lloyd, az h;t property.
_ The Ptisoners. their defence, den'ed the

charges, and called some witnesses, who gave tiers
good characters.
Mr. du.tice GROS► summed up the evidence. and
if•er explaining the different shade of guilt in the
fence, eor,clu •ed by sayi 1g , it was fot the Jury to
consider, whether they were guity of staling iui-
vatoly in the shop; as, if they had any doubt %, I thi
!eve& to the privacy of the theft, they should give
•he priso7ers the hen. fit of it, and only find them
guilty oldie larceny.
In a few moments, the Jury returned a verdift,
Guilty of stealing oaly.
Mery U. vi, wa. indifted under the same Ae as .
the • rmer Prisouets, for steaiiiig eleven pair of silk
stockings, privately. in the shop of Martin and
Rem., haberd asherq, in Oxford-street.
It appeared, that on the sth of Oftober, she was
observed coming out of the sh, p, where sh- had
purchased same trifling articles, and having &sipped
A pair of stocking,. was followed and apprehended.
The Jury, however, as in the former case. found
the prisoner Gni ty of the minor ofrence only.

The o'er, LAW, from London. is lost at New.
faunal ,nd.

The Lura. nem°, ts, from London, for the
South Seas, was all well at Rio Janeiro, on t:te 4th

of Außti.t. And WAS to sail the tun dAy. In company
with the John and Jamt R.

1 be iftbodie, Us I sc, from Car lilr for London,
is lost at the back of the Ide of Wight ; part nt the
C/Igo saved.
'rhe A/•,,teziona, Iv -;, frim Africa, for Charles-
ton, has been taken, re-Liken, and carried into
Ja-
m tica.

Yesterday, Captain BLACK*3OD, Com-nand-r of
the I.atro,l4s fripre. attei,le4 th. ,Thiir.ftv,
and delivered to their Lordsnips the ~.ck ens.gn,
broad peoshiut, &c. of VA french nom of
war rf 4 guns, one of tl e t • .rn'ained iquadrm,
which blew up during the Aaiun of the '2lst of Oc-
Warr, Care Trafalgar.
This being the day appointed for a piihlic
Thsnltsgiving to solemnize our Naval Soccasses.
divine service will he perfomed in most of all the
churches a I chipels F.nol Ind.
St. Margaret and St. John't volunteer c rps a ill
Mee", this clay. at %Vesiniiii,:er-H dl, ssrt.2-i a wanks-
giving sermon will he preached by the Revcr:ad .vlr.
Dicitirs, their chaplain.
Captain HAWKER'S Cerhpany of the Royal Ar.
tillery, quartered at liaddington, is ordered tor fo-
reign service.
Lord BLAVNEV, Lientendnt-Cnlonel of the 89 ft
R4srient, arrived in town yestrr $ ay. His regi-
ment has arrived in the I.),.wns from Ireland, and
of course his Lordship is on his way to join it,
being a part of the Lirce immediate:y to sail from
this country for foreign service the espeJitiota
will be under the command of Lieut-nant-General
FBA:•CIS DESEDAS.

It is supposed that the entrance ef the French int•
Vienna would not h.tvc taken place in soon, bad tot
Pr;nee MURAT. as he is tailed, imposed upon the
Ad.crian Prince At:Lasparto, by a . impudent f 01.,.
hood. The Prince Li been order t i der>tisla
the bridges at Vicuna; but a cour er w„.• sent to
him from Prints Min esit, info-nu tg 1,,;(.1, that the
Preliminaries of Peace had bre', signed betty pn the
two Powers. Prince At:gas/tele aecor.lingtjt left
the bli.V:s standing, and the French pasted the
DAnubs mnclltAtely,

'Lord Ettercaonnuon summed up the evidence. t.lt.hed h7s demand, and no evidence seas offered
The Jury retired; and, after a sbort consults on, n impeach it.
returned a verdift of 25,2001 for the Plaintiff, T•.e J .ry found a verdict for the Plain ifF r
being treble the sums stated to have been lint in 12,1 l' 3J. the f .11 ~,...—q rrAis demard.