The British Press; or, Morning Literary Advertiser.
London, England, 1821-03-28 00:00:00

SOCIETY for Me SUPPRRSISION of MENDICIT Y.

Moticky the Members of ibis Institution had their Annual
' Dinner at the Loudon Tavern, Rishopartte-street. His Royal
Highness the Duke of York, the Patron of the Society, was
in the Chair. After dinner the usual 'oasis were proposed
by the Chairmen, and drank with every mark of respect. In
the course of the evening several speeches, explanatory of
the great utility of the ➢nstitution. were &Imre.% by the
Duke of Northumberland, the Earl of Darnley, the Earl of
Diu tnsouth, Mr. IYilinut, M Y., he. The company wee very
respectable.

H4ifTS ASSIZES.

The following entitle was tried at the last Hauls Assizes :

CARTER AND OTHERS W. FRBELAND.
The Pisisotoifs, assignees of Messrs. Minch*, sad Co. late
hookers at Portsmouth, instituted this action, to recover
from the Drft ihdaibl, a miller at Bedhaioritoo, the sato .of
3791. balance doe to that firm, with which time !kleilaut
was accustomed to do hallows.

Mr. Serjemot Paw, in stauiag the ease to the Jury, said
he undersiouil that she defeace attelnPled to be "1 "II was,
that the Defendant had notes of the Portsmouth bank in his
possession at the time of its failure mini:leo tee cover
the amount ; and if he foul,' prove this to the instiller.
lion of the Jury, be would anipteetionably lie collided
to his set.olf. To Phew, however, the iinprolinhility of
this, the Learned Serjeant sead a lever, sailed the 2044
uf October, 181$, addle...ell by the Defeinlaat to Sle.s.s.'
tlliatchin soil Cu in which be expresm d himself pal ticularly
sorry that they should have bail occasion to 'Titan his
cherries, stating 'has he should soot have exceeded hi* linei•s,
but it ucesurseil through • mistake uf 1001 which ha had
made in sum gup his account. Au unideinatiding had
subdsivel between the Defendant and the Bankers, that be
should be permitted to overdraw to a c. mini ammo, ins
payment of interest. The last moiety paid by him tutu she
bank was on she 7th of November, and renowned to 34/. 3s.
and the !sank became insolveut ou the lthh, at shirk lime
the PlJott.ff was indebted to it nearly 404/1. S.disetiews
afterwards, when the assignees of the bankrupts to ede an
apitheation fur the 111110U111 of the balance, wheels they found
menden, in the books of the bank, the Defendant said shay
had no right tee make the demand, because be held note •
issued by the bankrupts sufficient to Ruiner IL The ins a.
time fur the consideration of the Jury, the-refine, would b.,
whether he was in bona fide possession of these notes pre.
views to the 10th of November. If he was, he would be
allowed to ielrael his set-off. The Learned herjemeat contelid-
cd, that the onus lay on the Defendant, to prove the time
when be gut isenowssioss of these notes, and snot, it was t
improbable that the Defeintani shoed,' pay into the bank on.
the 7th of November see small a sum, when he hid this
money by hint, andespecially knowing his account was iu ar-
rear.—Mr. A. Moore, to account fur the DeleastLeueisholditeg
these notes in 1111, possession., eleseribed the egfehaire beri-
ness carried on by him, which required that lie should have
a considerable suns in his ham.s to atilltell. 11111111C4 sate de.
Mends. to the course of his bossiness lie was in the daily
habit of receiviug mitt • of the Portsmouth Hank to a euteo.
eleialele amount. The Learned Condor! Urn quoted the ca.e
of Moore c. Weig.bi; (eons Marsha:re Peports, 551,1 Said,
that if be could slier that Dies la the amount of the Plain-
tiff's demand had bees received by the Defendant trailain•a
few weeks of the bankruptcy, it was seasonable to suppose
that the notes produced were the same he had he his hands at
that time. The Learned Gentleman then called Wen. Searle
mod Wm Bleach, who were its she service of she Defendant,
the subseapre of whose evidence was, that they were in the
habit of taking large sums daily in notes, the greater portion
of which was us those of the Pusisniouth Hank. Mr. S.
Fleet was thee. railed, also slated that oh the morning
we which the Rank stopped payment, he went to the
DetietlellVe house, and told 111 U/ *hat had h4ppeisisel.—
Mr. Freelased at this lime Well Sitlisig at a table, on which
' was • large quantify of notes, probably to the amount of
300/ or 41101

The Learned Judge observed to the laq,, that the Plain-
tiffs were entitled to recover, unless they should he satisfied
that the Defendant was in puiniession of those nolo* at the
tune the bank failed t this he coutsidived not probisble; fur
it was contrary to all presumption that the Defendant
should keep this money in his band* *hen he was in arrear
■t the baiik, and was of Course- losing his juiciest. It he
had, he might have produced the book iu whirls the sums
received by the persons in bus employ were entered, in cor-
roboration of Stack's testimony; thus WAS in his pmsrr, and
the omission was ast g. ground of suspicion. Another
circumstance was, that nu hearing of the failure of his
backer., lw had not mentiolied havitig for mites to any
person ; he would naturally liar, said, " Though I °eye so
nutch moues to the batik, yr t I hate as many of their notes
as will liquidate toy debt." Verdict for the Planitills
Damages 37tH.