The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-21 00:00:00

MEAD-MI LL.

TO TIIE EDITOR OF TILE BRITISH PRESS.
Si u—l am fully authorised to state, that that part of the account
of a visit made to Brixton gaol on Saturday, the 10th instant, by a
physician. in company with a surrey Magistrate, which asserts
that " leading questions" were put to the prisoners by this physi.
elan, and expressions were used by him in their presence calculated
to emit(' insubordination, is totally and unequivocally untrue. No
leading questions whatever were put to the prisoners, nor one syl-
lable, culculated to excite insubordination, made use of—l am, Ike.
Jan. 20, 11121. VERAX.

_
Ls NC4A N.—This candidate for tame did not appear at
Belcher's on Monday night, as was expected. It ap-
pears that he can reap a better harvest in the country ,
therefore his stay will be continued for a short time.
Monday next was named as the probable day of his
appearance for the Pint time amongst the Ancy in the me-
tropolis.
It affords us real plewture in being enabled to state, from
the inquiries we have made, that the sufferers by the falling of the
hustings at the late conflict upon our race...bum areng on as
favourably as can be expected from the nature of their injugoiries, and
that, so far from several deaths having been the consequence of the
unbirturuste catastrophe, as has been reported, the medical attend-
ants now entertain the most sanguine hopiaof the ultimate recovery
of their patients, even in the most serious cases. The fractured
limbs have, we believe, nearly all been reduced with success, and,
it is hoped, that in no instance will the painful alternative of atiipu-
tation he Mood necessary.— ll'orrcskr Herald.
Probert has addressed the following letter to the Editor
of a contonporary print :
tar,.—Since my liberation from the county gaol at Ilertfonl, you,
as well as many others, have not failed to impeach me with every
crime which you think will tend to destroy my character or peace
of mind ; but let me teU you, that the day is at hand when that
just Almighty, who has mercifully saved an innocent man from an
ignominious death, will show my actions in a very ditlerent light
but to Le brief, I have only to add, that if you defame my charac-
ter after this notice, legal means will be the redress which I shall
consider myself justified In taking.
Yours respectfully.
9, Gravel-lane, Southwark. PRODERT.
His Majesty's schooner Hornet, ('apt. Wigley, arrived j
here last night, from the Irish station, for the purpose of
receiving repairs, baring experienced some injury during
the late gales. We are sorry that fears are entertained for
the safety of the Sappho sloop of war, belonging to the same
station, nu accounts having been hcanl of her there since'
the :31st of Decernber.--Greenock Advertiser.
1•1 VAC or A SIII!Col; Lk R.—The Clinton schooner,
attached to his Majesty's ship Semiramis, espied on Mon-
day evening (12th instant), a suspicious sail oil the 1/Id
Head of Kinsale, and having bore down, found her to he
the Lark, of and from Itliddleburgh, 90 tons burthen, 17
men, with a cargo consisting of 56.1 bales of tobacco, 30
chests tea, and some linkers spirits, which is expected to be
landed and placed in the King'sstores.—Curk Advertiser.

Roust. or Comuseriox.—The election of a Chaplain
for the above Prison, under the provisions of a recent Act
of l'Arliament, took place on Thursday last. Eleven can-
didates contested for the election; but the choice at length
fell on the Rev. Mr. Anal, he having gained a majority
of upwards of fifty above his competitors. The salary is
3991. per annum.

John Lay, a native of Tipperary, was apprehended near
Black Chinch, charged with the murder of John Fitz-
gerald, who was found with his throat cut in his bed.
The description of Lay was given by one of Major Taudy's
police to some workmen employed on the road, who appre-
hended him. They were &aimed in escorting him to Naas
Gaol by a gentleman travelling in his carriage.—lrirh
Timer.

Scare or CRII4 r.—ln 'h.: list of sentences at the Somer
set Quarter Sessions, we find the following among othcas
To twelve mouths' imprisonment—John Adam, for
poaching. One month ; homes White, for stealing three
shawla ; George Andrews, for leaving his wife and family
chargeable to the parish of IVestbury ; J. Windmill. for
stealing potatoes. Poaching we suppose is twelve time s as:
criminal u stealing shawls or potatoes.
To TARE INK SI'OTR our or si OR MAIIOGANV.—
Add to any quantity of water (say a small phial full) as
much of the ask of sorrel as it will dissolve ; then wash
the ink-spot with the solution, and it will quickly disap-
pear. Iron-moulds, which are rather more refractory, may
be readily removed by previously dropping on them a little
ink, and then washing the ink out with the solutien.-
3/n4a/tic's -Visozine.

Li IT INTELLIGENCE:

COURT OF CHANC} TUMID.tr, :AY. 11L

.7. ct ittrattsp!, I?q. m.r.v. MANlttit())l.

Mr. Loy Ayr resumed theargument in shim castes at the sitting et
the Court. He vindicated the chum-ter of Mr. Leigh, who mud as
thecontidendal eject of Mr. Claughton. lie h;xl remained in Os
: capacity fora year and • half, and opmedn, and raised in else
time more than 10,0t1lli. fort he use a Mr. I laiightnet. As to she
alleged fraud of no fair considenetient having been given lty
Min foe the bill, the conel.lcrition given fur it was set forth to eke
answer, and would be found to be ample and satisfactcry. In tfile
answer, the defendant deposed that he was not aware of my fear-
dulent coodurt on the part of either Leigh Of Liiivart ; and forth r.
that he did not believe that soy fraud Vail been committed in the
negoeiation or timbal. The sofa't-. proceeded to aver, that if
deterelant knew that any fraud had been practised, he would rot
have taken it. The banned Gentleman recapitulated dip proceed-
ings in this cause, which had been hirfore the (*curt &And it/w
ham four seals. He complained of the tithe at which thin case vne
now brought before the (hart, as notice of this motion was arta
put in the paper the very day before the defendant's claim to the
an,uunt of the bill was to be tricti at 'Westminster. He uuderatrust4
that it was to orate on there this marring as an tintleferdn,l
cause.

I The Solicitor on the other side intimated dist-rat ; it was to he
In conclusion, the barnfri Gentlemar eontendcd that tint e..ly
was there no ground for prayed' injunction to say ebb trrt
there was not any ground to stay execution after trial, and should
his client be awarded a verdict at law, he would lr. eotiticd forele-
diately to recover the aggregate :m..u3t, 13,e0ei., either on the
bills, or on Mr. Clauglutic'slW.VitiCS.
Mr. Anna repled.
The boar 11.11 A /WEL Loa reminded Mr. Agar, that the ow.
was thin on tte paper for trial dais II
If .srainiat Ws-quarts:sr. ft
was either now bee'.ying, or had be trial. it were now tryirig.
It would probably ha over by-arte-)ye. If it had been tried, and
a verdict given iti favour of 3lr. Lianghton, then the basins, lasi
at an end ; if, however, the vcnlitt went the other way, he (the
Lord Chancellor) proposed to grant the injunrinn on oraditirri
that the :hooey should he paid into Court, so abide any order the
Court might make, and that the plaintiff at lawshould be paid all
his costs, he, plaintililf should give an undertaking to sign jade
meat. and not to Ming a rent e. error.
Mr. Aueu readily assented to whatever proposal his Lordship
might think proper to make.
To a question from Counsel, r.quiring what day his bardship
would require the money to he paid—
The LORD en•NCE.I.I.OII-- ttit, the Cape of ciond Hope
Company, in any of those other companies of which we have heard
so much. will easily supply that cow." His Lordship finally ap,
pointed Monday fur the payment of the money into Court.

scssi t. camel('.
Mr. Lov.tvi appl:ed to the Court for the discharge of the
Order which his Lordship had made in this cause. Tele gtoued
un which he knight ta have the wider discharged, was that the
Court directed an answer to be put in, which directing had not
been complied with. Little argument. but much pleasantry' had
been evinced in excuse fordelay. It au said indeed that equity.
draughting was unpleasant in the dog days. Pour months hid
beet permitted to elapse since the order was made, and his divot
had incurred a very heavy experts,. in building six house's, hi re-
pairing others, and in other expensive improvements. As no Tea.
monable ground for delay could be alleged, he prayed that the order
might be discharged.

on the opposite side replied, that the time for putting
in the answer had not yet transpired.
Mr. 31osTani.F. was unwilling to interrupt the proceedings.
but a very iinpurtant case, that of flrinotead is rc Howard and
Gibbs, was fixed fisr this day, cul he found that die diseurision of
this case might protract it. On this suggestion the diactuntion of
the cue ceased.
GRIMATEATI IR RE HOWARD AND Gills.
The SOLICITOR-Iit:WI:RAI. appeared on behalf of the peti-
tioner in this cause. The petitioner first prayed that he might be
heard by Counsel, for although a discussion took place elsewhere
upon the subject, a matter which he was now shout to submit, yet
from the nature of that discussion, the petitioner complained that
Counsel had not been heard in his behalf. The second prayer of
the petition was that the petitioner should be permitted to prove
his debt under the commission. The sum sought to be proved
was :12,00t11. and upwards, and the petitioner hoped that his Lord-
ship would decide the Isiint at issue himself, without directing a
new trial, or if he should direst a trial, it might be a trial of auch
a nature as would insure a full, fair, and satisfactory engagement-
The petitioner asserts that Howard and Gibbs art his debtors to the
&ninon( of 32,0001., which in the balance of the sum of SO,lene.
which he deposited in their hand*, as annuity brokers, for invest•
meet. The ground on which the assignees resisted the adruiraimi
of his debt, was that his claim was tainted with usury, and unless
he could remove that charge, he must lose the whole of that sum.
ilesides this large debt, Howard and Gibbs were also indebted to.
Mr. Grinstead in the sum of twenty-five thousand pounds
for acanntoodadon acceptances. Mr. firinatead was now in pri-
son at the suit of the several holders of these bills. Mr. Onin-
stead w'ts anxious that the singular and complicated eircunfooneu
of his dealings with Howard and (libber should be reviewed by the
Conimiaaioners of Bankroll's, and he (the Solicitor-General) boP''d
to convince his Lordshie that this case should be hood to tont-
ruptey jarladletion. It becarne h date 'en Nibs to his Lordship
the h of the acquaintance between Howard and Gibbs and
and gu through the narrative of their deal4ni. Mr.
Grinstead was a gendanan residing in Surrey : at the disith Obis
father, in 1777. he inherited real and perusal property to the
amount of MAUI. From the commencement of Isis acquastar.ce
with Howard and Gibbs, he had placed the fullest and resat im-
plicit confidence in them, and to this entire confidence does le:
trace his miafortunes. At the trial in this cuoc, whie_ took plie.e
in the Commit' fleas, it was sought not only to defraud hhn of
32,0001., but to inflict the more deadly sound of blasting his el 1.
ratter for honour, honesty, and integrity. It was =desecrated to
seal the death-warrant of all moral qualities in him, sod to make
en equal shipwreck of his fortune and his fame. Mr. Orimaisid
states, that he isnot, and was not, at the time of his becoming ac-
quainted with Howard and Gibbs, a man of business. He lived
on the interest of his nosney in the funds, which he continued in
the same stock in which lie inherited it from his father. The twat.
&knee which Mr. Otimstead placed in Howard and Gibbs was a
material consideration ; for it would appear that his confidence in
them was no implicit and complete, and his ignorance of business
so great, that hr might be regarded as an automaton the tool in the
hands of Howard and Gibbs. Their first acquaintance occurred
in the year ISIS. Mr. Grimatead was introduced to them by Alr.
ll'alshe, who was the unclear petitioner's wife, and who assured
i
him that he might increase hisincome by transferring his money us
them, fur the purpose of vesting it in annuitica. Mr. firm:stead at-
tended to the recountiendation of Mr. llfahhe, and accordingly
transferred his money to Howard and Gibbs for the purpose of pur-
chasing annuities. The relation in which they therefore stood to-
wards 31r. Grimaced was that of stewards and agents, and it' was
important that this relation should be kept strictly in view and dis-
tinguished from that of borrowers, in which it was now attempted
to be set up was, that in which they stood. Mr. Grinstead did
not look at any of the deeds or documents, nor did it appear indeed
that he even looked at the hanker,' books. This was a proof of the
implicit confidence which he reposed in Howard and Gibbs.
The next allegation of the petition was, that on the 7th of
August, 11121, 31r.tirlmstend made his will, assigning his property
in trust to Howard and Gibbs, for his wife and family, which was
another eirrunistrusce marking the ascendancy and dominion which
they possessed over his mind. Subsequent to this period Howard
and Gibbs intimated to Mr. Otinistead that they warier:4;l;2i
and requested he would oblige them with his signature.
ingly 31r.thinoiteed signed a bill for 7,110111. at ten days dec. V
this bill and others Mr. Grimaced was now in prison. In oder-
still further to she,/ the influence which Jloward and (Jib= exer-
cised over the mind of this ductile country gentleman, it appeared
that the only document that passed between them was a pissaboosi
recording the transactions between them. The peddnner Otafestied
ignorance of the contents of this book. Ile did not even look at
from the unreserved confidence he reposed in Howard and Gibbs.
He (the Solicitor-Gen.) contended, however, that on a fair inspiv-
don of this very pass-book, 'lnward and Gibtim would be found
debtors to the petitioner to the sum of 36,0001. In making out
charge of usury against Mr. Grinistead, his learned friends would
select one part of the loss-book which they supposed to sustain
such a charge, but would exclude from their comideration that part
of the book which would exculpate him from sects us imputation.
There were to he (mind many entries in this book avowedly false.
which justified the inference that the other items, charging usary
upon 31r. Grinisteati, were not to be ruffed upon and taken as !rt..
Independent of the large investment which hail been made in the
hands of these annuity brokers, 'here was also a debt of 2.i.uditi.
for accommodation acceptances. These bills bore dare Novemn,
1810, and the following receipt was given for the money upon ch. ;.I
by the bankrupts
• I acknowledge to have received of --- Grimstead 3 :4”11 ,
for which he has received no consideration, and which 1 proxis, to,
replace before the bill becomes due."

'Stoehr acknowledgments were given for the anlcrant of the triter
bilks On the 21s' of .January 31r. tirimstead was ancstei! on r•rc
of those bills fir 7.11110 L of which Mr. Derry was the holder.
A compromise, however, took place on the payment of the:
thousand pounds, and two bills being given for the remainder of
the Run. Whitt those hills were out, th; bankruptcy of tiered
and Ifibba tank place. Mr. ifiriunstetid heard of it on the ;11st of
February. Immediately on hearing it. he waited on Mr.
the solicitor, who advised him to quit England. Accordingly ita
loft England and, on the nth of March, arrived at Dover. SOWa
persons were di.powed to infer, from his speedy departure ins t!:•s
country, that he was actuated by an intention of wing is to•ittsl /.1
with !Inward and Dibbs ; but, when the whole ens: was laid he',"
his Lowdship. the t!eurt would tee that he only left this ecarit,v
from reasor.able ant! prudential motives, to avoid arrest, on bonitot
of the acconmindation acceptance, to which he had made hith.• ti*
liable. lichee he left England, he left directions with 11r. TV :-
ton, his solicitor, to communicate with various anruaitants ^r n 17
subject of their alleged annuities. Mr. Wilton obeyed :he intitn•--
tionst and, in obedience to them, waited on several gimlets: ~,
certainly of very Sigh estimation in the county, and moving es s
'ohm of site which must neurally induce Mr. tirimsteatl to Owl;
that payment by them would be certain. The Hon. Mr. tin•v
net was described to be all annuitant for 11l MAI., Mr. ig. PAxet !Ur
?JUNO., Mr.tirosventw for 4.0091., and Me FO her and other genus.
men ior several simian( smaller aniount. Theme gentlemen he...ret tnc
onto** with great astonishment; they denied all liability to seq.
ment ; and, ill .horn, it turned out eventually that not one of thbe
nlictt.d graiinirx was 60/1.1 fide an annuitant. The whole was an
impnsuion 01 Itoward and I;ilrint ; it wan their inverwion—th^ir
ftsuil--by which they lid Mr. tirinisteaul, in their accounts. to be.
Ilene that they haul laid out that mime! in the purchase of W.
ntiiries, which they had appropriated to their own and other per_
ps,cs. It was true the some of the persons whose naints were

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su•mticoied had bees grantors of annuities, but not one of them eon-
timied io Le so at the time that 'lowan! and liiblis represented
tie. itt.to he so. These. detections of false etiniss were found on
On fare of the taws-book, which vas the utile Malian us [Li^c had
all paws-A between the parties t hereghlitioo of their :it' _oats.
• st 414 W in:wised gentleman here prialuorti the pass-book, ti..d pointed
*is sintsieen-al erasures, false insertions, and vanatim, in the accounts
41 • wirier' kl•rwirid and Gibbs t..!tal-red to 31r. I iriaistead Iv the. el.ze
s: • s-. 2 of ir-:1111,01?. It nigh VI: Lila it was that 31r. (trim-
' _ be an negligent add .to ignorant of his own attains, and.
his anions interests pointed out to hint I yet this would
‘l,l isprelete:4:o corifra fir /ass ; fur such was the dupery winch
t••••;.itltf,f practised upon him, that they treated him as a mere dull
ziSitie, and disposed of his money in whatever manner they pleas:lL.:
The entry in the book, to which he was particularly desirous id
riling Ma attention of the (tennis, was one in which it was set down
• t.tat 2,11nt1. Itad been paid air. B. Paget, the redemption-
tio.ney of hk annuito and next to it was set down the suet of
nil. Ilts 10k1., which' was described as the produce of the annuity
ho: 32; Jays. The mein " produce" meant the interftt due on the
6t.u:dtiy tor half a year, and the aliquot part of the year by which
that ts,oitict of days fell short of the whole year.
fa ire im t:N ANC ELL° a said that such en interest could net
tit 1...g.tt1e yielded by such a sum as 2,81101.
Tues mix t: said it was just the interest at ten pet Cell.
Tie :ut.t....ron-GENnital. denied that it was paid as is ereSt
It Wit the produce of the annuity closing the
0 b ; en•rics were to be found in the book, corresponding to it.
It res.:lied from the money invemed in annuities, and was not un-
to mean the legal interest as paid in the rase a a borrower
at growl. Howard and Gibbs were to be reganled as the litho-
+Marie*, and Grinistead as the depositor, and the relation be-
tween them was altogether distinct and diflireut from that wriei. it
was inempted to establish had masted between them at the trial at

lluliNt here inquired if the intention of dtc Solicitor-Geee-1
oil was to more fora new trial (as we understood), on the evidence
whit* bad been given on the late trial?
The noetc leon-flextemereplied, that it was his intention to ;
rove ou the whole matter of the petition, and to abide wha(evrz
course the Court might think proper to direct. The learned gentle-
etas proceeded to vindicate the character of his client from certain
imputatioos which had been last upon it with a view of incdput.
in,' him in a collusion with Howard and Gibbs, which had not
',j sllry existed.
IMPORTANT TO SOLICITORS.
MT. Ants entered the Court at this port of the statement of the
Solleitor.Generul. Ile begged to ineetioa to his Losiehip a dr-
cumunure which had just occurred in the i'ice-('hancellor's Conn ,
am! lw h0p0.,1 he wonld be eecused from the charge of inieatienel
imerruption, as the subject was one of very great :nil preasing int-
pot:twee. .1 pettien bad just now teen presented to the Vier-
t'elseeellor, the prayer of which was, that the tomes of two solid.'
cur: ke sure., off die list of solicitors, and that no commis.
et future be directed to tlicur. The Vier-Cie...melba
doeb.ed whether he possessed the power of mrikiag oil the names
of eoliciturs, sod was unwilling to entertein the petition until he
axe-relined whether he possessed it or not. He (.11r Alter) was
desirous of knowing his bortlehip's opinion as :o the power which
the Vice-Chancellor might or might not have to enteitaia this pen-
:km, Th.: .ipplicenon was made to the Court at tens moment, as,
if his Imelebip should be of opinion that the petition might now
be protevee-1 in, the time of the Court would be saved by haring it
Intritediately discussed before his Honour.
The Lotto CUANCELLOS inquired if the Vieekhancellor re-
membered, when he expressed that doubt, that he entertained a pe-
t ion of this description before, and that he struck oil the name of a
solicitor from the Ilse and that that solicitor's name now continue,
e, be snuck out of the list ? The name oldie solicitor was Smith,
tral there want now en appeal front the decision of the Vices Chan.
Collor befere this ('tort.
P 1 reel nen replied, that he was not aware of it when the petition
carte St•rirc thel'We-Choacellor a few minutes ago, but he had
been shies dltprised of it.
The Loan Ouse e eioa said he was unwilling to give a de-
cision upon the point new, as far as it referred to the question of
Oolitic,' power in the Vies-Chancellor. Hiefclt, however, that the
wssono of great importance to Solicitors. Their profes-
itioael occupation was that whicii gave bread to themselves pad to
tt&r toothier, and he would not deprive them of their profusion on
slight grounds, Besides, he was of opinion, that as they took their
reit:mire:um under the Great Seal, he was in a manner personally
responsiblefor the loss of their situation, should they be deprived of
it impreperly. The question struck !um in another point of view :
seppose he were to direct a commission to the solicitor whom the
Vice-Chancellor Ind Struck oTthe list, the Vice-Chancellar's order
creesinly could not comet in the way of the corioniasion which he
'had directed, and therefore he was more disposed to think that
the juridietion of such a question was properly vested in him.
Lord 'l'hurlew very rarely exercised such u pnwer ; and he, too,
would ahemin front the exercise of it, unless on some very strong
wed special ground of just eomplaist. Without determining the I
ft:mediate point to which Mr. Agar called his attention, be would,
for the present, confine himself to the decision, that the present pc_
titian should be hattil before himself.
Mr. Atemt. requested, that as the solicitors were persons in very
extensive business, it would be desirable that his Lordship should
maw an early day for hearing it.
The LOUD CHANCEL r.ccu said that he could rot hear it with
iiiregadlerete mown .whicirload brew already appenusd 0 cumin/se
sot until after the remelt, which was likely to occupy three days.
The 801.1ClTOR•OF.NEWAL, Pt the clone of the chore discus-
sion, resumed Orinastead's petition. The manner in which it had
been sought to commit in him an act at collusion, was through the
Insumnentality of 31r. Potter, who went over to hint to Calais.
He wrote several letters from Rochester, Ulmer, and The
letters Were read, by Mr. Montague in Court.] it appeared, how.
ever, that the point which was sought to be attained through Mr.
Patter was, the appointment of Mr. Shaw to the assigneeship of
the bankrupts, which aseigneesbip he succeeded in obtaining. On
obtaining it he turned upon Mr. Grimstead, whose aid he had pre-
viously made use of. and impeached his ciente The manner is
Which the trial had been directed, and In which it took place in the
tenets below, was a cause of grievous complaint on the part of his 'I
deem, and made hint regret that It had not originally been brought
befere his Lordship. For his llonour the l'ice-Chancellor he en.,
tertintiod a sincere personal respect. He would, however, state
how this matter had been referred by hint to a Council Law.'
Three Counvel, Mr. Bell, 31t. Hare and Mt. Montague, attended I
in the Vice-Chancellor's Court, and not only before Counsel on
both skies were heard, but even before Counsel on one side bad
been heard, his Honour directed the cue to he determined by an
e.etiou at ism Mr. Montagne remonstrated. and aesured his loo_
lour, that if he heard the case through, he would see it was a more
proper case to be decided in a Court of Equity than cl I,aw. It was
of eo avail, however, and it was referred, and sent to a lower
Court with the predestined condemnation of his client. The At-
torney-General Soren!, in his opening speech. assumed that he had
Been condemned by the Judge who mimed it. As to the very
learned Judge who tried the cause, though incapable of prejudice,
yet front tiff jealousy he excited in the minds of the Jury against
the 'testimony efethe principal witness, who proved the debt, end
fern alleged rnieconstruction in other pans of his charge, Mr.
Grim:tread had very little Munn to be eatiefied with the decision
to which they-came. 31r. Gibbs was the witness on whose own
testimony the proot of the debt principally rested, but the con_
*lesion of his cunnivaece at the hind respecting the purchsse of
eenuitles, threw such a stigma anti imputation on his ertdence as to
obtain it apparently little weight with the Jury. Ile had now
Mated the ken of the case fully. because he felt it had not been
stated before. It was row opened for the first time. It had been
sera *sally dilemma before, but lie would contend that it had nut
ikon thane justice to. He was glad to see it in this Court. where be
was lIITZ it wmild he done imuce to, and where, notwithstandinet
the imputation of delays which had been tlurg upon it, it would
receive what be could wish it had received before, a full and tot.
Waal investigation. Ile would undertake to say, that had this
rem been heard In the first instance before his Lordship, it weuld
me have been sent to an issue tie a court of law; and did he direct
an issue, it would be one of a different description froin that which
had been before dimmed. The case now came before the Court,
gild he humbly submitted the proper clime for his Lordship to
adopt was. to deal with it as if it had not been heard before, but
either to decide upon it now as Wit acne on de em-o, or t- appoint
seet a mode of trial as would ensure for it a full, patient, and
impartial investigation. In conclusion the Learned Gentleman
eecannulated the leading fats of the preceding statement, and re.
lialiswibly as the ground that. Howard and Gibbs acted in the
capacity of agents or brokers, and that there was no evidence of
their bating changed that character at any time in the course of
their transactions and dealings with him.
'Me Niers: followed on the same side. The point of view in
which the question presented itself to his consideration was, that
the course tor tis Lordshipto pursue was to decide this cause to
ie present hearing. The Jury had the evidence before them ; ma
that evidence ;her came to a conclushon; but if his Lordship out.
mitered that conclusion to be an incorrect one, be would then, with.
wit the intervention of a second jury, correct that erroneous con-
t heion. Before he cr.nris! into the examination of the evidence,
Le would call his Lerdship`s attention to the state of mind of the
Jury, in order to show how they were prepared to come to a dee-
tc M. One would sappee that their attention should have been
Lein, to a detini ion of usury, to the specification of what consti-
tuted it an orence, and caused the forfeiture of the pro em of die
person guilty of ht—o to would suppose that it would hive been
pointed out to them, what were the motives' of the several wit.
Nessr:s who might appeer before totem; but how great would be the
shselvaueige of the accused person, if, instead of such wholesome
comisel to the Jury, Mee:rya:ions were thrown out calculated to
tine- the Jury to dual, th.tt the accused person wit. guilty of some
qtr ;1t ,eorai ofr .`..cc. The Learned Gentleman procein!ed to when
to r,ntir passa”.es in the etarge of the Learned Judge who re
ai the tree:!.

The Loan CH ANC I: I.LOR inquired if it were stated in any rnrt
of ter_ Ir.:most .ludge's doirge whether he was satis.tierl, from the
rvitl,:tco given at the uinl, that the money of tiriinstead w;:s
f _err' at iluward aadt;a:%. its agents or as borrowers of money ?
It ilic money was e;....114:ed. to them far the purchase of annuities,
and they upprop..i.t.ed it to Lny °tiro. they converted it to a
I.4edalen, use. Ilc "Loth! no: proceed further in the argon:ens,
but would re:arale it 4; the sitting of the Coon to-rnomoo. Jlran.
• he was desirous of Itei.::; accurately informed whether this
niJ:tcy cnino.tti. to !lowan! alt' Gibbs, as agents--
% he ;hcr, if it were so e .trusted r.; first, tlxy ia.:l changed the cans.-
charm-ter in i5'.1.1.11 they held it--and lastly, if any ahem-
tont• .u.oa place as t.. I.le tcra:s on which they retained it. whether
tau a.ls r.t:il,ll affected t•.e whole snot or a spirt. The._ wee !mints
with which it was c-. 11'4:: he siwuld be pl11::".1litTly mad, ex-
quailatst. in order it.. ;.ligld tne print at. which the
tamers:: l:tt seen the had been conver.ell into the alleged

itiuriou• loon. -
Mr. HART said he errt about to enter upon the pinto to Ir;lich
LNltsliii) had thrt--ed litti attention.