The British Press; or, Morning Literary Advertiser.
London, England, 1822-12-24 00:00:00

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4101,

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Mr. Grimste ra connexion had
existed bets., Winning sonic letters
was then shot:. .be ~.., ,v, when it was seized by
• person in the employmen, of the Commissioners, and thus
the whole iwtween Gibbs, P. rter, and rimsterd,
Was disarmed. The Learned Gentleman then read ono of
these letters. It was dated Rochester, March al, from
Porter to Gibbs, and WWI tr this effe, t :-
4, My dear int eseaoed from the Fleet, I stop to
call your attention to an advertisement in the Times news-
paper, calling a meeting of the creditors of Howard and
Gibbs. I shall endeavour, if possible, to attend it, but fur
tear of adverse winds put had bst ter let Montapte have leis
brief for the private niritin. You may confer with entire
confidence with Copeland, and entrust hint in every thing.
Pray, see Montague, and let hint endeavour to pest) the
choler of assignees. lie will carry all these things by a side
wind."
Now he knew Mr. Montague was incapable of listening to
sorb 'finest' ; hill it fully showed that at least Porter was
Cal/able of making them. And who was this Copeland? 14e
was the private attorney of Porter, and was now to be select-
ed as the attorney of Mr. Grimstead. The next letter stated,
that no one had a right to he present at the private meeting,
except those immediately concerned, and eweltided by say-
ing, Let every rare betaken that no intruder is admitted."
Did not every one of these ciremnstatices then show that
private concert had been set on foot, and could the Jury be
so credulous to believe that Gibbs was now a repentant man,
and had conic here to give his evidence with a view to re-
pair the injuryke bad dune to Mr. Grimsteert, although that
evidence must blast hit own character. No person pre-
tended that the Monies in question had been laid out in the
purchase of rimuities. The only question then to be tried
was, whether the transactions stated in the pass-hook bad
taken place with the knowledge of Grimstead. Let us look
then at the very first item. It was an annuity granted by
Lord James Murray ; and on the opposite side is to be
found a charge for msuring his life, be. The nest was an
annuity in which ilia name of the party was mention•
ed. It was material to coniCiler that the account went
on for the period of two years with the greatest regularity ;
but then a most important change took place in the
accounts. It was well tor the jury to to have this writ-
ten evidence before them. It could not deceive them.
They would lipid that a sum had been laid nett in an
annuity granted by the Iton. P. Paget ; but, on the credit
side oh the account, in vain did ho look for that annuity.
He did not find, as in the MID of Lord James Murray,
charges for the insurance of his life, or any thing ofthat kind,
bid he did tied that on the teth October e money was paid
hack to Mr. Grimslead, wills interest, at the same rate as if
it hail been an annuity, and this usurious transaction was
designated by the gentle appellation of produce. The
Learned ()malt:man then went through the various items,
in order la prove that Mr. Grimstead had advanced mo-
nies at different periods, and instead or being invested
in 111111U1111:1, he had received an usurious interest. And
what was the solution that Sir. Gibbs gave of this conduct?
Morays that all this was done with a view to deceive Mr.
°demand; brit if that wen, indeed the object, Mr. Gibbs
would have had dexterity enough not to adopt so clumsy a
course. With respect to the credit to be attached to such a
person as Gibbs, he would use the observatien made on this
case elsewhere. If a man comes into a witness box, describ-
ing himself 1., be infamous, how ran you tell whether he be
infamous at that moment, or at the time which he is describ-
ing? What means had the Jury of deciding now or,
rather, was it not plain that at the very moment Gibbs
was giving his testimony he was endeavouring to de-
ceive them. When an honest man came before them, then
they could sift his testimony, and examine it it were consist-
ent, but when a man so coloured and disgraced as Gibbs was,
by his own confession, could any reliance be placed on •
single expressien *lnch lie used .?
The Learned Solicitor
then commented upon the evidence of Rnmoodi, and argued
in conclusion, that front all the circumstances of the case, it
was clear Grimstead had knowingly received the usurious
interest, for unless he wilfully shut his eyes, he could not be,
ignorant of the transactions which were going forward.
The letters which the Learned Counsel referred to in his
speech, were then offered in evidence.
Mr. Serjeant Lees submitted that these letters were not
admissible, unless it was proved that Mr. Grimstead bad
some coonexion with these parties autecedent to the bank-
ruptcy.
r. sterjeant Pzu, on the other side, contended they were
admissible, inasmuch as Porter had been proved to be the
common agent between Gibbs and Grimstead.
The Lune Cuter Jessica was of opinion that, on various
grounds, which he should then forbear from statiug, the let.
tees were admissible.
She letters were accordingly put in and read.
Richard Adams was then sworn and examined—l am an
*accountant. I computed that pass-book which has been pro-
duced hero to-day. I have examined the annuities from
Msy to November. The produce of the annuities amounted
to 1,7471. 3s. 6,t.; whieb, taken together with other items,
or made the sum - 20441. Is. ad.; and the amount or commis-
sion and stamps having been deducted, a balance was left of
5,3.1111. Gs. ad., which is the amount of the item referred to in
the pass-book.
Mr. Humplirys deposed that Mr. Grimstead, his client,
bad purchased an estate from Mr. Howard, in Yorkshire.
Oo his cross-examination by Mr. Serjeant Lens—He said
be bad no means of knowing the state (tithe balance.
Mr. Stephens sworn.—l am Solicitor for the commission.
I went to the premises of Mewl... Howard and Gibbs, to look
for some papers; two bags were found tip stairs; they con-
tained various letters, and a number of powers of attorney,
executed from Grimstead to Gibbs.
Mr. sierjeant Lens replied at considerable length. He in-
truded the Jury to dismiss from their minds any opinion that
might have been formed by the Vice-Chancellor on the sub-
ject. It was evident that he thought there was sufficient
pound for doubt, when he sent it here, and it was for the J ury
fie exercise their own unfettered and unsettled judgment on
VW evidence which had been brought before them. The ques-
tion they had to decide was this, whether Mr. Grimstead, in
latrusting his money. to these parties, meant and intended it
mould be invested in annuities, or whether he lent it to
Messrs. Howard and Gibbs for a time, and was to receive
interest upon it. They would then ask themselves this
question, Were they or were they not satisfied that this
was a mere annuity transaction, and that Mr. Grimstead
would have had no fright, once he sunk his money, again to
call on Messrs. Howard and Gibbs to repay it, sinless
the annuitaats turned out to be men of no value. With
respect to the evidence of Mr. Gibbs, it was obviously
his interest to give a different colouring to the transaction
from that which he has given, but be has come forward to do
an act of atonement, the only one in his power, to that man
whom be has so greatly wronged. He evidently deceived
Mr. Grimstead, by never fir a moment allowing him to
suppose that Howard and Gibbs were his only security for his
money ; fur then he must see, if be had common under-
derstanding, that not only was the principal endan-
gered, hut the interest must be diminished, and he sub-
jected himself besides at all times to the met. y of Mr.
Gibbs and those of his employ, having accepted more than
the legal interest for the money he bad advanced. The Jury
would look at the whole case, and it would be for them to de-
termine upon a full review af all the circumstances, whether
or not Mr. Grimstead had been cognisant of the fraud which
was committed.
The Lone Cuter Justice then charged the Jury. Re
said, that the solution of the question which had occu-
pied them so long, must depend upon the opinion of
the evidence which had been adduced. One was sorry
to say it, but truth extorted it from him, a more grove
fraud it was impossible to conceive than had been repre-
sented by Gibbs to have been practised by him upon the
plaintiff According to his own shewiiug,Oibbs had been guilty
of most nefarious conduct. After • man has been guilty of
conduct like this, he ought to make the amplest retribution
in his power ; and if this were the motive of Mr. Gibbs, and
that his statement were true, he was entitled to great cre-
dit. He owed it to himself here, and to his future hopes
hereafter, to make the disclosures lie has done. However, it
would be for the Jury to determine whether the plaintiff had
been deceived, or whether this money had been misapplied
with his knowledge.
The Jury then retired for half an hour, and returned a
verdict for the defendant.