The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-28 00:00:00

SPORTING INTELLIGENCE.

TATTERSILL'S, JULY 27.
Brighton is now all the go, the Races being fixed for Saturday
next, consequently the room wan but thinly attended ; yet amongst
the few some brisk firing took place. 1.000 to 300 was taken,
more than once, against Belzoni; and 500 even, four against the
field—Belzoni, Bedlarnite, Pirate, and Fanny ; besides many small
engagements on various horses were made. The odds have changed
considerably, on sonic, since last Monday, and the following is the
actual state of the bettings, as regularly booked :

DONCASTER ST. LEGER.
1000 to 300 apt Belzoni (tak.) 25 to 1 apt MarAdani (taken'
7 to I apt liedlamite 20 to 1 apt The General (tak
12 to 1 apt Pirate 3.1 to 1 apt Swiss Guide (tak
12 to 1 apt Fanny 40 to 1 apt 4:ratnfeager
14 to 1 apt Cruaader (taken) 40 to 1 apt Barefoot
20 to 1 apt Euxton 45 to 1 apt Shortwaist
20 to 1 apt The Dragon a 1 to 1 apt Ilarataria

THE BRITISH PRESS.

TO THE EDITOR OF THE BRITISH PRESS.

SI R,—Some time ago, in your Paper, giving an account
of the proceedings in the case of " Winnington v. Win-
nington," my name was introduced ; and in a manner to
cast an imputation on my reputation. I write to you, to
request your insertion of this lettev, that I may now have
an opportunity of contradicting as false and malicious,
what was asserted in that case regarding myself, and of
stating that it originated in a cruel attempt to create an un-
merited imputation against my honour, and for which the
parties in queition will be shortly brought to an account;
when the chief object of this calumny will appear to have
been to gratify the purposes of a person against whom I
hare instituted a suit of divorce, and which is now ac
down for final judgment in the High Court of Delegates,
and whose duty it was to have stoodforward to have de-
fended my honour and reputation.
The judgment given in the cause of " Winnington n.
Winnington," has been appealed against in the Court of
Arches, into which Court the same has been removed.

1 remain, Sir, your moat obedient humble Savant,
SARAH BRISCO.

RAISING OF THE COMET.

[From the ChiTgozo rourkr.l
This unfortunate vessel, which has go long and so highly
excited public attention and sympathy, was fine Ily and
completely hauled upon the beach on Sunday evening.
The work of the contractor and the superintendence of the
Sheriff were both finished at that period. In addition to
the details contained in the following letter from a gentle-
man in Gourock, who had the best information, we have
only to add, that two trunks were ;pt out on Sunday even-
ing, but as they hail not been opened at the date of our ac-
counts yesterday, it is uncertain what they contain. A
fowling-piece and a military cap, belonging, it is supposed,
to Captain Sutherland, have also been found The follow-
ing is a correct account of the money which has been re-
covered : _ _

In Mr.Rollo'shsg
Piper's chest, about
Csmain's`money
And small sums

£t32 13 0
76 0 0
15 0 0
8 0 0

730 13 0
The notes are wet., but not materially damaged. Several
law papers (leases, &c.) belonging to Mr. 11.110, were
found in a good state of preservation ; and the crockery-
ware in the steward's cabin was in gent ral found unin-
jured. The vessel is a most complete wreck, but it is
quite certain that nothing belonging to any of the ill-fated
passengers can remain on board, so closely has the wrecl
been searched. Sunday being a beautiful day, the wreck
was visited by a peat number of people from Greenock
and the neighbourhood. A gentlenaan counted 1,130 pass-
ing his home from Greenock to Gourock, within one hour
in the evening, and the number who visited the spot
where the Comet was drawn from the water is estimated to
be little short of 10,000.
The following is an extract of a letter dated Gourock,
Saturday evening, July 22:
" Mr. Brown has fixed his chains down to-night for the last
time, as lie expects to have the Comet dry at low water to-morrow
morning's tide. As yet there has been no access to the principal
cabin. AU that I;.as been found therefore hes either been on deck
or in the steerage. This morning the body of a female was found
on the quarter-deck, in a state of very great decay. so notch so that
the remains of the dress alone indicated that it was probably the
corpse of Miss Mslntosh. It was carafally put into a coffin and
interred immediately.
" With regard to private property, not mirth has yet been re-
covered. The piper's chest was found yesterday. and bank notes
to the amount of about 751. enclosed; none of which were in the
least injured, though completely saturated with water. A pocket-
book lay on deck, containing W. in small notes, all entire ; some
silver and copper also were picked up on deck. A number of bottles,
supposed to have originally contained whisky. were found full, but
the spirit was invariably changed for a liquid of a hitter taste.
" The vessel herself is so complete a wrack that she must be
broken up; she can never again float. It rdlerts great credit on
the ingenuity of Mr. Brown that be sti:c..,eded in bringing her
ashore. Both stem and stern are quite smashed, and the deck
planks torn up. This must have been done chiefly by the chains
last winter, in the first attempt to raise her.
" The copper boilers have collapsed in a surprising manner ;
and, as boilers, are useless. The sudden condensation of the steam
must have produced a vacuum, and the pressure of the surrounding
water on the outside caused this effect. Engineers have already set
to work to take the machinery to pieces, under the direction of sonic
of the proprieties.
" It is a remarkable circumstance that the body of the female
found floating from the wreck on Tuesday, and supposed to be that
of Mr. M`Donahl of Borrodale's cook-maid, was in a better state
of preservation than any other vet found ; and it has been freely
asserted that she was in a state of intoxication at the time the acci-
dent happened.
" The Sheriff, Mr. Marshall, has been indefatigable in his atten-
tions to the preservation of property. It was found necessary to
prevent so many people from coming on board as presented them-
selves for admission, and orders accordingly were issued to a boat's
crew, from one of the revenue cutters on this station, under the
command of an officer, to admit none on board. Still curiosity
prompted ninny respectable gentlem.n, and even ladies, to appeal
personally to the Sheriff, who was thus placed in the disagreeable
predicament of being obliged to make special refusals; for had all
been admitted who applied, there would not have been standing
room for them, and none at all to work.
" 'unday Morning.—Owing to an accidental circumstance the
Comet has not been moved so far in as to ebb the cabin at low
water, yet a number of articles have been got out, among other
things, Nlr. Rollo's travelling bag. I saw it opened, and the money
so much talked of recovered ; it was tied in a pretty large parcel
by itself, without any wrapper, but perfectly unruffled and fresh_
looking. The Sheriff is now engaged counting it, but it is a tedious
operation, aril I cannot say how much there will be of it.
" A silver tea-pot belonging to Capt. Sutherland, an Andrew
Ferrara sword of Sir Joseph Radcliff's, some shooting and fishing
apparatus, and a few small baskets and parcels of wearing ap-
parel, have all been got from the wreck this morning; but no more
bodies.
" Nothing farther can be done from this time (nine o'clock) till
seven in the evening, when it will he near low water again."

EXPLOSION OF A POWDER-MILL AT HOUNSLOW
HEATH.

On Tuesday morning last, at a few minutes past ten o'clock, a
powder mill on Hounslow Heath, situated about three quarters of a
mile to the south of the road leading to Staines, and about the
same distance, or a lit,le more from the town, blew up with a tre-
mendous explosion. The report, and the volume of smoke issuing
from the spot, were seen and heard at the distance of fifteen miles.
Fortunately, only two men were at work in the mill at the time—
Ilmjamin Hersey and William Inns—the former a widower, who
has left tire children ; Inns has left a widow and three children.
The mills were the property of Messrs. C. and T. Curtis. After
such an explosion. ft is hardly necessary to say that not a vestige of
the mill was left st nding. An ann belonging to one of the suffe-
rers wan afterwards found in a field of oats, at a considerable dis-
tance from the fatal gym. As every proper precaution was known
to be exercised by the propriet.4s of this concern, and as the only
persons on or near the spot were the two sufferers there is not the
most remote chance of accounting fcr the cause o the fatal tatas-

trophe.
An inquisition was on Wednesday taken before Thomas Stir
ling, Esq. at the office mtailted to the powder-mills belonging, to
Sir Charles Bate Curtis and Co. at noun:sow Heath, on the bodies
of the unfortunate men : when the Jury having viewed the bodies,
the following witnesses were examined :
William Simsome, of Hounslow, labourer, deposed, that on
Tuesday morning he Paw the deceased men at the mill, and deli-
vered to the workmen the materials on which they were to work.
They were both perfectly sober. They were employed in the ope-
ration of corning or granulating the powder. The materials deli-
vered to them were perfectly correct, and in proper .condition.
Witness had not proceeded three hundred yards from the mill when
be heard the explosion, and saw the fragments of the mill flying in
all directions. As soon as it was safe, he went hack, and assisted
In searching for the bodies. It was some time before they could
find them. They had been blown 300 yards Irene the mill, and
were dreadfully mutilated, and scorched and blackened all over.
11'itness cannot account for the accident. Atl the machinery was
perfectly clean, and free from grit. When clogged with grit there
is great danger, and the men therefore always look to that for their
own sakes. Does not euppose that any thing had been done mali-
ciously, to occasion the explosion. There were about seven bar-
rels of powder in the mill at the time.
George Noakes, another labourer employed at these mills, gave
similar testimony as to the proper state of the machinery.
Mr. Goster Harvey, of Hampton, the manager of the mills, de-
posed that on Monday last, being the day previous to the explo-
sion, he had examined minutely all the works, which were then in
a perfectly safe and clean condition. Witness cannot account for
the occurrence, but should consider that it was purely accidental.
Every precaution is taken to prevent accident, by keeping the ma-
chinery free from grit or dirt, and by not suffering any article of
steel or iron to be introduced into the works; the men are not al-
lowed to have even the smallest brad in their shoes.
Verdict--Archlostal Drath, occasioned by the explosion of the
mill; but from what cause, from the evidence before them, they
were unable to say.
The effects of the explosion were moat powerfully felt in the
town of Hounslow and the village of Twiikenliam, both of which
places are distant about three quarters of a mile from the destroyed
mill. The noise was appalling, and was accompanied by a per-
ceptible vibratory minion of the earth. The casement!, of the
houses rattled violently. and in some instances smali.articles of fur-
niture were thrown down.

MIDLAND CIRCUIT.

WAuwicx. JULY

Joreph Elwell, Edward Taylor, and Edward Hynes, were ca-
pithily indirted fora burglary in the dwelling-house of Tbomas
Irons, at Alcester, on the night of the 13th of my last, and steal-
ing thereflom severs' silver hatches, gold pins, rings, seals, and
other articles of jewellery, together with a quantity of old silver coin.
Elwell pleaded guilty, theu,,li advised not to do so, and in-
formed at the same time that should he be found guilty it would
make no difference as to the nature or extent of his punishment.
The two other prisoners pleaded not guilty.
Thomas Irons examined—l am a watchmaker, living at Alces-
ter, in this county. On the night of the 4th July my windows and
doors wen fastened. About half-past one o'clock I heard a noise in
the shop, like the breaking open a door; I awakened my brother,
and we both went down stairs, and saw two men in the shop. fine
with a dark !anthem, and the other taking gold seals out of the
show-Osten I ran into tha shop, when the man who had the dark
lanthorn rushed by and dropped the lanthom. A shot was fired at
me ; I received no injury from it, and locked the dose upon Tay-
lor, who fired the pistol. Elwell dropped his hat and Taylor hit
him a blow on the temple. A and& ensued, and Elwelrs coat
was vrri. After this I found some gold seals partly in and partly
out of the shop, two hate, as iron bar' and a dark lanthorn. I
immediately searched, and missed eighteen watches and different
other articles of jewellery. Since then 1 have discovered some of the
property of which I have spoken.
Cross-examined by Mr. liemettutars—l only more to Tailor's
clothes when he was ateprihended, and I was so much agitated
at the time that I Quilt' not speak to his person, although now
I have no doubt about it. I em now quite positive that
Taylor was the man vf fin attacked me. I was for two days be-
fore the Magistrates. and swore to the dark trousers of Taylor.
I have a perte et recollection of Taylor's features ; in tact, they
have been present to my mind for several successive nights, on my
going to bed.
V. Turns, brother to the last witness, fully corrolmated his
statement. .

Wm. Penn !Misted in punting the prisoners. The night Wan I
very wet, but footsteps were traced as far as the house of Mr.
Pearinan. They vcarclief the hay-loft, and there found two of
the prisoners de. ply covered with straw and chaff; their hats
and cravats heittg off, and their clothes very wet. Witness heard
that they come from Bit niingham. They were all immediately
apprehended.
Nothing was elicited from the cross-examination.
The conntahle, in whose custody the prisoners were placed,
swore that he found two different articles upon their persons:
amongst which wan a watch, identified by the prosecutoen
brother an part of the stolen property. This was found upon
Taylor.
George Parks met Taylor and Hyles at the Red Lion public-
house, in Alcester, on the night of the 4th July.
Cooke alth 5111/ the prisoners in the neighbourhood of
Alcester, on the night of the 4th July.
,John %Veils corroborated Cooke ; he identified Hynes and Tay-
lor. and added, that he saw Taylor pull out a pistol, and put a lint
to it.

J. E. Platt saw three strangers going towards the prosecut ir's
shop on the night in question. lle shortly after heard the barking
of dogs. The men wete talking in a low toe of voice.
The prisoner Taylor, in his defence, relied upon the circumstelc!
of the prosecutor's not being able to speak to lus person when twice
before the Magistrates.
Hyne', in bit defence, said, that having no money to par for a
bed, he sought shelter from the inclemency of the night in the hay-
loft.

SV.I.•
The Loan CHIEF BARON summed up the evidence, and the
Jury, after a few minutes' consultation, found the thaee prisoner.
Guilty—Death.

ft'ESTERV CIRCUIT.

EXETER, WEDNESDAY, JULY S.

Trillion: Dodd, who was convicted yesterday at an assault upon
Sarah German, with an intent to commit a capital offence, was this
day brought up for judgment.
Mr. Justice GasE LEE said, if it was admitted that the off, nc •
with which the prisoner was charged was not made out to 'he fu'l
extent, yet there were many circumstances ofan aggravated tharae•
ter connected with his conduct. Ile was betrothed to a young
womate whose affections had continued undiminished for a numbe
of years, whilst he was absent in a foreign country. To this worms',
he had engaged to be married on the very next morning after tha
on which he was proved to have committed the offence for whi he
was found guilty. The prosecutrix was only fifteen years of age ;
the prisoner was old enough to have been her father, and if she hal
consented to all that occurred, his moral guilt was little diminished,
for when he met this unfortunate girl, and accompanied her at suc'i
an hour, he should have only done his duty by seeing her safely
home to her master's, instead of leading her into crime. and it sh
was disposed to do that which was improper, it was his duty as a
Christian and a man to save her from herself. Under all the cireum•
stances, he telt it his duty to sentence the prisoner to be conlinct
and kept to hard labour for the period of six months.
The prisoner, who is a man of decent appearance, seemed much
troubled upon hearing the sentence of the Court.
The Crown business being disposed of, Mr. Justice Gaselee
entered upon the Nisi Prius cases, a great number of which yet
remain untried.

CIVIL SIDE.
ACCIDENT TO A VESSEL.
TEED V. LAWSON.

This was an action brought by the owner of a brig against the
master, to recover compensation in damages, for alleged negli-
gence and misconduct on the part of the latter. The defendant
pleaded the general issue.
Mr. COLERIDGE (with whom was Mr. TEED), stated that
the defendant had been in the plaintiff's employment for several
years, as the master of a brig named the Two Brothers. This
vessel was ling in the harbour of Plymouth on the 10th of June,
1824, and finding it necessary to go from Sutton Point to Mutton
Cove, the defendant hoisted his sails, and although the direction
he had to sail was straight and free from all obstruction. he fin
down a vessel called the Nelson, which was moored in the harbour.
The Nelson was greatly injured, and in consequence her owher+
brought an action against the present plaintiff, and recovered t'a•
'lieges, which with the costs amounted to 1501., the amount whic'i
the plaintiff sought to recover by the present action. %%Then the
action Was brought, Mr. Teed gave notice to Lawson that such at
action was to be brought, and invited him to come forward an•l
give evidence in his defence; but Lawrin declined. and Mr. Teed.
after making as good a defence as he could, had a verdict agains.
him, the unskilfulness of the present defendant having b en fully
proved. Under these circumstances the plaintiff brouAt this
action. If there was a defence to it, Lawson was unjuAifiable in
not coming forward and giving Mr. Teed the benefit of that de-
fence in the former action. But his want of skill had bent fully
proved, and the Jury need not be told that when a man undertook
any employment he ought to be competent to discharge the dudes
of it properly. If it was said that Lawson was a gocd seaman, but
not acquainted with the navigation of the harbour, that was no
justification; for, if he was ignorant of the navigation, he ought
to have procured a pilot, and acted with the more caution_ If he
chose, however, to hazard the property of his master, and an acci-
dent was the consequence of that hazard, he was bound in law as
in justice to pay for it.
John Nettleby is a clerk to Mr. Teed, who was then owner of
the brig Two Brothers, in June 11124. Edward Lawson was then
the master of the vessel.

....
Edward Butler was mate of the Nubian in June, 1824. Clarke,
Rose, Thomas, and Shepherd, were her owners. In June, 1824,
she was lying along Mutton Cove Quay, delivering her cargo.
There was no other vessel in the Cove. She was fastened with ropes
►nd chains along the west pier. The Cove could contain from ten
to twenty vessels. Between sic and seven o'clock in the morning
an accident happened to the Nelson. The brig, Two Brothers, was
coming into the Cove in full sail. The master was steering ;he
did not take the proper course. He should have opened the Cove,
and then run direct in ; instead of which he kept too much to the
East; his vessel became unmanageable, and he ran against the
Nelson, stove in her bows, crushed her boat, and drove her against
the rocks. The keel of the Nelson was injured, and the whole
vessel strained. After the accident witness said to Lawson, see
what you have done, and Lawson repliA, " It can't he helped, we
must set it to rights again." An action was brought by the owners
of the Nelson tor this damage. Witness was examined on that
action. There was no witness examined for Mr. Teed, then the
defendant.
John Ball, a boatswain. was at Mutton Cove on the day of the
accident to the Nelson. Observed the Two Brothers off Devil's
Point. She was making such way that witntss thought she well
going up the harbour, and did not think she was coming to Mutton
Cove, until she came near the quay. There was an eddy tide, and
the Two Brothers did not properly answer the helm, which was
hard sport. There had been trifling accidents at Mutton Cove.
Ships frequently ran foul of each other.
7 he notice served on the present defendant, previous to the for-
mer action, together with the amount of the damages and cots in
that action, were fully proved. The damages were 501., the casts
M. The boat of the Two Brothers was destroyed, which was

valued at 10/.
Mr. WRIGHT, for the defendant. reminded the Jury that the
action was not between the owners of the Nelson and the owner of
the Two Brothers, but between the owner of the latter and the
master of the vessel. He contended that the former action had
not been properly conducted ; there was no evidence for the de-
fence, and it was nothing to say that Lawson had not come for-
ward, because the other men belonging to the Two Brothers, who
were in Teed's employment, might have been produced. The me-
rlons action had been shamefully miscotiducted on the part of .tlr.
Teed. The costs amounted to 1001. but if the case had been tried be.
fore the Sheriff 's.lury, the coat would not have exceeded W. As to
Lawson himself, he was interested, and could not have been ex-
amined in the former case any more than in this. He should
prove, however, that Lawson had acted with the greatest care and
skill. and that the accident occurred through circumstances which
no man could control. The Learned Judge would tell them that
unless gross negligence was proved, the plaintiff was not entitled to
a verdict, but if he was entitled to a verdict, it could only be for
the damages in the former case and not for the costs, which had
been unnecessarily increased by the improper line of defence taken
by the present plaintiff's attorney.
James Rashly, the mate of the Two Brothers, was on the deck,
and observed the circumstances which led to the accident. He
conceived that the captain of the Two Brothers had acted in a sea-
man-like manner, and thattintler ordinary circumstances, the vessel
so conducted would have got in safe; but the eddy and the state of

the wind rendered the ship unmanageable. In witnewee opiniont
triwson did rot take an improper coarse.
W. Tilolllll, a pilot of his Majoety'sdock.yards, was salusinte4
with the harbour of Plym for sixteen ;we. Saw the Twit
ISrmhers entering Mutton Cove. The ship and *4OB were cons
domicil in a proper ,oaten-r. Tit+ accident was occasioned by the
Pratt. of the ebb tide, which Is vety irregular; varying in its course+
No man could foresee the varialio. without being especially ate
quainter, with the place.
air. COLERIDGE replied;
Air. Justice IiasELLE summed up, and left it lb the Jury fld
decide between the conflicting evidence of the witnesses.
After deliberating fur some time. the Foreman said the Jury
were desirous to find for the tilintiff. to the amount of the dn.
mats wren against hint, and aiso the value of his boat; but they
conc,ivel that the defence might have been comiucted In a cheaper
toann,r, and were therefore unwilling to oblige the defendant to pay
the full amount of the costs.
The I.( timed Jurtog said that the only cheaper way in which
the icon could hare been managed was, byletting judgment gn by
I defaultond in that case a jury Would beitnpanneiled in the Sher'. 'e
Court to 'mesa the da•tiages. Stich a circumstance would have
shut nut the question whether the Captain had evinced negligence
or unskilfulness.
It was ultimately arranged between the parties, that a stra;Cl
should be takes fir the dmages, ;he value of the boar, and half the
amount of the roses. A verdict was therefore taken for the plain.
tiff—damages 1101.

flit -re Mr. Justice LITT tr.nat.r..l
roscuov L. DADDELEY AND OTHERS.
This was en Issue front the Court of Chancery, to try the vali-
dity of a Dmirunistion of Bankrupt issued against Rogar Ponr.eroy,
of Brixham, hanker. The rate Was tried at the last assizes, but ors
that occasion the plaintiff had failed to prose the petitioning credi-
tor's debt. This point w.'a now fully proved ; and the only question
vat, whether a lams fide act of bankruptcy had been committed
or not.
John Catkin (a clerk in the Brixham Bank) stated that, on the
stoppage of the Dartmouth bank, in 11124, the defendant, one Of
the partners in the Brixham hank, went to London. In his ab.
Fence the creditors became Very impatient. 111 r. Pomeroy again
returned to Brixham, but not liemg able to meet his engagements,
he net off next day back to London, where a commission Wlll taken
out against hint. The petitioning creditor was the plaintiff's
father.
Witnetsel were called at the other tale, to prove that the plain-
tiff had not 'wen denied to his creditors.
The Learned JUDGE left it to the Jury to find whether the
alleged acts of bankruptcy, or any one of them, was or ma not
concerted with the petitioning creditor, Mr. Pomeroy, ten.
The Jiiry found for the defendants, thereby setting aside the
commission.

NORTHERN CIRCUIT.

DURHAM,

ruur 2U.

SPORT AND °Titres v Bnions.
Mr. INGHAM opened the pleadings. The declaration stated that
the plaintiffs carried on the business of grocers and linen.drapert, at
u tderland. and had always hitherto been considered to be in good
and solvent circumstances; but that the deferdant wishing mslici.
tinily to injure the plaintiff's, did on the 28th of March lut, say to ORR
Thomas firsy, of end cone ming the plsimiffs, " the Spores have
stopped payment, and have offered 7s. Cpd. in the pound to their
creditors." The definition then weut on to allege special damage.

Plea, Not Chatty. _
Mr. SCAR ISET T stated t' c case. The present action had ben
brought by the plaintiff's to recover a compensation in damages
'or a most wantoi and unju tillable attack which had been made
in their credit by the defe dam. The plaintiffs were partners
resi ling in Sunderland ; and they possessed two establishments
thee, one in the grocery and the other in the linen-drapery bure-
t eas both of which had been carried on with stability and credit
until the peel- d when the words had been spoken which were the
fo deletion of the' present action. The Jury would krow that
nothing was attacked more easidt or was more likely to saffer
in-
eo ivelience from the attack. of malice, than the credit of a com-
mercial establishment. That was the case under ordinary et corn-
stances and in ord nary times; but at the period when the slander
to which he should immtdiarely advert had been directed against.
th • pl tintiffs, the state of the commercial world had been so h. that
there had scdreely been a commercial establishment in Et gland,
the credit of which might not have hem ruined by the whisper of
n slice. The defendant was a shiptroker, at Sunderland, and he
(Mr. Scarlet° would be under the necessity of calling some of his
friends as witnesses, and from them, he doubted not, he should
be sh'e to extract the truth. although he expected that the truth
would be told reluctantly. What could have been the origin er
occasion of die slander. lie was at a loss to imagine. Certainly,
no hing had occurred between the partiesto justify or explain
the conduct of the defendant, but they would find that the dea
andant's slander had led to consequences, which, but for the
activity of the matters, might have ended in the rum of the plain-
tare.' house. It had been in March last, at a period when a ge-
neral panic had existed in the commercial world—when every
person engaged in trade held his establishment by a precarious
tenure—when no banker or meridiem had been so secure as that
malevalence might not have whispered his credit away; it had
been at that period that the defendant had thought fit to circulate
the libel. for which he had that day to answer. The very terms
of the sifted r had been calculated to convey a belief that the
slander had had some foundat.on in fact. To say of a man thin
his credit was bed, or that he was likely to fail, was only to use a
vague expression, which gave no circumstance as a warrant for the
assertion; but to say that he had offered a certain sum in the
pound to his creditors as a compensation fbr his debts, implied
that tire pewit staring the circumstance necessarily knew the fact,
since he spoke with such particularity of the terms 'of the offer.
The Jury would find that a person of the name of Gray had had
a negoti ttian with the partner of the defendant about the purchase
of a ho-se. and on the 28th of March last had called upon the
defendant to make same inquiries on that subject. The defendant
had to d Mr. Gray that he need not be in a hurry to purchase the
horse of his partner, because two good horses would soon be offered
for Sal a Mr. Gray had naturally asked what the.defendant meant,
and the !a ter had replied, " Why the Spores have failed, and have
offered a composni m of 7s. Q. in the pound, and &lc two
horses will now be sold." It had happened that after leaving the
des ndant, Mr. Gray ated had °elision to go to the Sunderland
Rank and had there seen oae of the nlr. Spares tender one of his
own checks, fee which he had immediately received cash in ex-
change. Surptised at an act so little consistent with the truth of
the story he had just heard. Mr. Gray had returned to the dc.
fendant, anti after narrating what he had just witnessed, bad
cautioned the defendant against giving a further circulation to the
report. The Jury would find that, note ithstaudirg that caution.
the defendant had on the same day ctlied upon a person of the
name of Andrews, who lived near the plaintiffs and was en-
gaged in the a rme trade, and had to him repeated th •t the Spores
had stopped payment, iced had offered a composition of seven
shillings and sixpence in the pound. Here there was an ex-
traordinary example of a determination to injure the reputation
of the alatntiffa against his (the defendant's) better knowledge.
But the slander had not rested there. The defendant had thought
proper to carry his information to a Mr. Smith, an auctioneer, the
most likely person in the world to propagate a slander, because he
was accustomed to talk freely, to cultivate acquaintances, and to
keep a sharp look-out after insolvencics, because they generally led
to sales by &action (a laugh); and the defendant had endeavoured
to put the auctioneer on the scent, by telling him that the circum-
stance might turn out to be something in his (the auctioneer's) way.
The defendant had afterwards, at his own office, which was in the
neighbourhood of the Exchange. repeated the slander to several
persons, some of whom would be produced as witeessea. Not.
where had the defendant got his information ? Who had told him ?
It would be proved that if any body had told him, he had never
given up his author, for in all his communications he had never
adverted to any one. He (Mr. Searlett) believed that it would now
be said that the defendant had not been the author of the slander,
but had only repeated what he had heard from others : but it was
clear to common sense, as well as to law, that if a man propagated
a slanderous report, which he had heard from another, and did
not mention that he had only heard it, he made the slander his
own, and became liable to die consequences. Indeed, it formed
no excuse fur propagating a slander to say, that the person propa-
gating had heard it from another; but that, certainly, was a less
aggravated case titan one in which the party had both been the
inventor and propagator of the slander. 11 'tether the defendant
had actually been the author of the falsehood which he had so
wi lely disseminated, he (Mr. Scarlet[) could only conjecture ; but
if lie had not, let him then produce the author. If he did not do
so, the plaintiffs had a right to look for large damages at the
lands of the Jury. He (31r. Scarlet[) had now stated the leading
facts of his case; and he asked them what thedcfentlant ought to pay
for KO industrious a propagation of such a falsehood, at a time
when it was most likely to cattail ruin upon the parties to whom it
related. That extensive injury had resulted to the plaintiff's there
could be no doubt, although they could not accurately trace it. He
would not pay that the plainti% had been ruined—their own sta-
bility and credit had enabled them to overcome the consequences
of the slander ; but that they had received damage the Jury could •
not doubt, and for that damage they now appealed to the Jury for
a compensation.
John Gray examined by Mr. BROUGHAM-1 am a shipowner in
Sunderland. I know the plaintiffs. I recollect going into the de.
fondant's office on the 211th March last. He was then a ship-
broker, in partnership with Mr. ‘Vatson. I had been in treaty
with Alia Watson for a mare, and I asked defendant if' Mr. Watson
was going to take the price 1 had offered him. Defendant said.
" There will be two good horses for sale in a few days, anti you
may have them cheap." I said, " Whose are they." Defendant
said, " Spores have failed. and are offering seven shillings and
sixpence in the pound to their creditors." I went to the bank the
same day t I there saw Mr. Richard Spore present one of his own
checks[, and receive change for it. I then went again to Mr.
Briggs, and told him what I had seen at the bank, and cautioned
him against circulating reports at such times as those.
Cross-examined—The first time I saw the defendant was about
eleven or twelve, the second about half-past twelve. The defend-
ant is a very young man, abont 21 or 22 years of age. I don't
know whether be is not now a clerk to Mr. Watson, hts late part-
ner. I am sure defendant did not say that he understood the Sports
to have retied. He stated it positively. For any thing that I
know, the plaintiff% have continued in as good credit since that
time as before.
Joseph Andrews.-2 am a grocer, and live near the plaintiffs. /
remember the defendant calling upon me a little after eight in the
evening of the 28th March last. He asked me if I had heard the
report. I *gel, " What report ?" and he then said, that Sputter,