The British Press; or, Morning Literary Advertiser.
London, England, 1818-07-28 00:00:00

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NUMBER 4878 LONDON, TUESDAYS-JULY 28. 1818. puma S till..l°l NCR,
_ •

KING'S THE 4TUB.

REFUGE FOR .THIL DESTITUTE,
Hackney-reed mod Hortow.

THIS EVENING. TUESDAY. July ie.
will iie perforin.ll. Mozart's favourite Orley
LF NOZZF: 1)1 FIG 4.1i0.
la tie court", of which art inciiiritiaIDIVEKTISEMENT.

A GEN ER 11. COU RT a the GOVERNORS
of this INSTITUTION will be holdeu at the Male
Emablishaii at. Hostas, ea THURSDAY, the 30th day of
July, at Ore s'Clock precisely.
ROBERT CROSBY, Secretary.

:THE EDITOR of the COLONIAL JOUR-
; N4l has the pleasure to immure the Roadevii of that
Work, that he has sursesounted the obstacles which prevented
its' regtilar Quarterly Poblieation' and that in a very few
Moodie be Amen have wholly recovered the loaf lime. It is
his imeation to t üblish, on the ht of September next, the
Fourth NUMber, whirls has berm to Inuit deficient ; and al
the mme time, No. IX. Atoutitiateir Views of Ike present
posture of Alfairi inCeyiou, the Arctic Expeditioes' West
India sad North Ameribus Affairs, ke &c. Oa thellicit of
November will appear Nos VII. suit X., and ow the liref
of January, 1510, No-. Viii. and Xl.; on the first of
February, No. XII ; and oa the Ent of April, No. XIII.,
from which period the Colonial• lemma' will he published
regularly on the Ant of Janus'', April, July, Ind OelObtt
hs each Year. ,• •
Loodien: Printed for Noldwia .Cradoelt, and Joy, Pater-
smiler-row ;J. M. Richards..,: Cembill; sad J. Booth,
Doke-strftet, Portland-place.

blasting every hope of recovering from its pestilen-
tial effect,. The Plaintiff had hooked with the
Defendants, and in the year 1815 he had overdrawn
his account, and he browse their debtor to the
'monist of about 6 or 7001., and they were desirous
arouse security for their debt. The Defeuthoot•
well knew the circuinstences of the times ; they
knewithe depreciation of agricultural pro,:erty, and
they% kiwi's. that at that time it was impossible for it
man, however eolverit Ise might be in his circum-
stance., to make his property avoidable to *shay
present demands. • The Plaintiff sat that time
had considerable' property ; he carried on a very
extensive business as a farmer and maltster, and he
had landed estates, union 'wb'cli there was then
small mortgage of 3001. lo'colisequeticeof an ap-
plication mode by the Defemelsents to the Plaintiff,
he signed an agreement, whereby he undertook to
give them a bond and mortgage, to secure their
debt, upon his landed and other property, To
carry this agreement into effect, some time would
necessarily be occupied. It was, therefore, agreed,
that in the inte he Plaintiff should give a pro-
missory time for the debt, payable oil demand.
Accordingly, on the 16th of March, 1815, the pro-
missory note was signed. The agreement, it should
be secollected, was for a hood mud mortgage, and
no more. After the execution of tier agreement.
tier Plaintiff's attorney prepared an abstract sat
the title to the real propert, which was sea to
the Defetident's attorney, to enable him to ruin.
plete the- bond and mortgage. Li this state
matters remained until the 6th of August fol-
lowing, when. the securities being ;emptied, the
panties and their imprints met together fur the pur-
pose of having them executed. Mr. Nlortlock did
not himself attend, hut lie appeared ley his attorney.
On that occosi 4444 the latter produced a warrant of
attorney, which the Planet& was called reptilian
execute as a furilier security for the debt, although
that hail not beets stipulatryl for its, the agreenirest
entered into, in March. However, the Militia'
did not hesitate to execute all the three securities,
namely, the bond, mortgage, and warrant of at-
torney. These imitrumeiits laiviog beets thus ear,
cuird, the PI *lf very naturally demanded his
promissory note back -Kano. It was ocet, hoverer',
then forthcoming, hut it wise preemie-el to be deli-
vered up by Mr. Mortlock's agent, Mr. Howard,
in eight or ten days, but it never was in fact eiveii
up. In the month of March, 1817, the Plaittlifl. was
busily occupied in preparing Isis farm fur steeling
confident that lie was perfectly secure fruits any pe-
eumury entharrossmetst in consequence of the treble
securities he had give'', none of which could be
put iii force before a certain time, whet, lie would
be its a condition to pay off the mortgage. and get
riff of his liability to the Defesidasits. But, whilst
lie was thus reposing in security, an officer cause
down of • sudden from Lood 00000 with an extent
from the Crown, at the suit of Mess's. Mart lock,
funneled upon the very promissory note which they
had positively promised to deliver up, but which
they dishonourably withheld for the base purpose
be which it was applied. Nothing could exceed
Mr. P.'s astonishment at this proceeding but
his distress. It came upon him like • thunder-
bolt from Heaven. Ass extent its aid was cer-
tain ruin to the unhappy victim of its visitation ;
it polluted all Isis property; no 111411 could help
him or attempt to afford hiss, relief ; uo man could
purchase his property, for the Crown must he satis-
fied, but an extent laid its flings alarm it, and held
it with such a rasp, that no relief could be afford-
ed. Had the affidavit upon which this extent was
founded contained the whole :netts, asid nothing but
the truth, lie (Mr. Gurney) was quite persisaded that
the Learned Baron before whom it was made, never
would have granted his fiat. mild the ruin of this
unhappy Plenstiff never would have been accom-
plished. He had wholly suppressed the fact of
their having obtai ed the other securities, mid
they positively ewree that they would be the less
able to pay the Crown debt unless the extent war
issued. There never was a moue infamous trans-

Plaintiff's case—this his hossest opPent to the justice
of twelve respectable men.' is. whose hands be con-
fidently rested his case, knowing that men of their
raiik atid,charactvr would feel hke mess,- and entes-
tdin a proper sense of the grievoiss injuries he 11:14
sustained. 'they would consider the rims esot,tis
pettier to which he had been pat by throw proceed-
ings—his loss oferedit —the injury he had sustait.eti
by tlw uecessary neglec► of his farm—the asixoety
of his mind, and the affliction brought upon oho..
self and his unhappy faintly. Their .verdict, what-
ever it might he, could never be a complete repar):-
lion of the Plaintiff's wrongs; they were too great
for money to compeitsate ; but they would, in all
events, teach these !rune-proud opplessitrs, that an
honest and injured man could soot optical in vain
to the jostler of a British Jury,
Mr. Gatty, clerk in the Court of Exchequer,
produced the extent, curl the proceedings tinder it.
Mr. Bush, soliritor, Sioralord, proved
that lie Was employed to ptepure the pronoisony note,
the agreement, the warrant ul onto ney,mill the other
lociertwitto mentioned its the orening. When the
latter instruments were eitreived, Air. Howard,
the country solicitor for Mr. Mortlock, was pre-
sent ; and whets asked for the pronsisstoy note, he
said Ile hail ii not whit Moo, but he lortonised to
give it tip in eight or ten (I,iys. The note was made
jointly by the Phiii&tl and hie faller.
Mr. Collis, a tailor and draiser, and friend to
the Plaintiff, was prescitt at and attilrlP.Ctl the exe-
cution of the mortgo2e, at the Chequers, at
Damon*. tie heard Air. Litmatd promise to give
up the •

Oft,. she Opera, the 'intact Stllet.estitted
LE PRINCE TROUIIII DOUR.
Vivant km it Refit's!

Mr. Betryman. the Plainticrs Solicitor, proved
the circumstance of one of the afrinl.c.i's Mr. et-
lii their clerk to erase the rialto; i,I the PlAnnuli's
pars-hook, as itientiotod by Ali% Gurney. Wit-
ness's dcwalsol Car I u.ts against she Plaimiti for
joorojva, &c. shout this It: ttttt .titruf to 95/.
The ittN. 51t. Jer, 'Vicar of Thaxictl, prorod,
that for right tears the PI iiiihtf Kid been chinch-
winless of that palish, nod had been intrusted with
the parish motley to a C01111;414-ruble amount. lie
had the highest opinion of hiul as an Itoovq,
able, 31111 respect .I.llr 111411. Ilr cos tit loot as
completely ruined 111 l'llWei i ut ore of the , xtrut iu
Before that he believed Inns to he pet f.-ctly
solvent, and go good .tio ormion had witness of Ism,
that hr wool,' have lent Min any motley he „anted.
Mr. Julio Ilatvey, Mr. Stvplwo Peacock. and
Mr. Edward Jarvis, sitiOdscours of the
proved that he had bottle the cbaracter of a matt of
credit, previous to the is gof the extent its
aid, and it% &nett they would have trusted him to
any extent within their power.
Mr. Joseph Bright, a land-survecnr, provrrl that
the land isio.lgaged by the Plaictiff ii, Cie Del. otl.
Oats was worth QOOl. or 3001., rod that his house
was worth 4001. or SOUL

Mr. fle...ry CLa.kr, who acted for the Plaintiff
in London, iu snaniNing f. •.ce iu ihe Court or
Exchequer, proved that hi• costs' amounted to in 4/.

It appear:A upon cross-es-animation or book- of
the shove witnesses, that the Plaiiititl; at the tonne
the extent was issued, had taken a public-11mo*,
and was goisig to carry on the business of a publican
with that of a niattster.

Mr. Serjeant BEST then addressed the Jury on
behalf of the Defeutliniti, conteittling that the stogie
question for their coneideration .was, whether the
Defendants had issued the extent in gilt $lll4lll 11111117
ciously and without any rearinials'.e Or probable
cause. Whether it was issued malwinsisty Was a
matter for their determination ; but .•s to the retes
mutable and probable cause, they must tie:rive the
direction of the Learned Judge on trot point. If
the Defendants had reasonable grounds lin tw.wtiog
that the was not iii eultent ciretealsnineeS
at the issue the extent was issued, they wcidd be
peefectly justified in their condect. Their mere
opinion upon this subject would he bit ffiCirilt to
warrant the procreator. '1 br deteintination of
this point must depend upon all tXUt11111.1V(1111 of
the Plaintiff's 'Mire at the time. It appoared
quite obvious, from the evidence altrolly ran.
iiiii II:it tile taaa not in a eninlition to
pay all his debts, and therefore it could not be raid
that he wee roused by what she Defendants had
done. The quertion bete was, not what was the
actual state of the Plaintiff's affairs, but what was
the o; iii itut of the Defendant* seyrctitig them.
So far from any malicious motives being imputable
to the Defendants, they had ucted with the greatest
kitellites and finbearaiice towards the
The writ of extent authorized the whit% of the
Plaintiff's Hereon as well as hie proneity ; not, in.
steitd of en doing, the Defendants ditccl, d the.
Sheriff not to meddle with his perena. list doe
strongest fact to eiww t lie abeeitee of wae, that
the Dr fetid:side, throughout this business, liad acted
under the advice of Mr. thick, of she Teinple, hr
whom tbe 'Ado% it in support of Ilieettei'l wits f; flirt,.
lu point of kw, the conduct of the Defendants waa
perfec.ty jusittialrle, for it could nut be Said that the.
lorottlio,ory note its question hail merged in the it her
The utmost ground of complaiiit agaiii.l
I:ze Defendant* *Mil.. ;hat they their
c1a1.21 direr 111011(11* earlisti than they iserd sit Itst
1:11'1V4:ei, theyf:n ;14 acted t Iv:U/4 117: ait
pree• or nnolied malice. It wolf Id lie proved is
evidence; that the Defendmals had reason to tenihk
that Ilia l'hinit.ff was tint 1.1 *Ol vent (2:l*.:nstithilie,
at the 11,nc the eXtriit was itilet!; than they
tutted tinder the advice of Counsel ; that she: e
us, promise to deliver up the promissory note; and
mai, Irwin tile whole, 111 e Defeiniaiits acted without
the slightest imputation of mallet..
The Lrarlietl tierjeatit, after an elneine,..t spe,•els.
proceeded to tall several wilnewirs iu !•ioinln.ll ol 5. t!
defence art Uto, aws.l.o• whom as Mr.
tf the Ts rtiple; Mr. .1 ,ower. the 11.-1. intent'. sn.
licitur; Mr. Bond and Mr. Stewardeott, gentlewrii
connected with the ; Mr. Comets n entitle
inert:lima ; Mr. Elliot.. Smith, a kilo SC)44C. &e.
Mr. (.“ aN FY (.0W upon the Dtletidatit's 1:4104
with great tit,(litence and untidy.
MI. S‘ricaiti LENS, in a lute:mous and

action—never was there SO bate a complications of
malice and avarice, for the purpose of bringing rind
mid destruction upoc an innocent man. The Plain-
titt, with that spirit which brcionne an honest man,
deter 11l i o red not to be crushed so easily, and there-
fore resisted the extent in the Court of Exchequer,
and, in the result. the Jury found a verdict against
them, thereby negativing the existence of tiny debt
On which it could be founded ; and on that occa-
sion the Lord Chief 13aruu said, " This is another
instance to bring extents in aid into disgrace." But
it waisted no observation floor so high un authority
to 'thew the infamy of thisi transaction. Tins, how- '
ever, was not all; another circumstance remained
to he added, to thew tile cold-blooded
Itgnity of these Defendants. Preparatory to the
trial in the Court of Exchequer, Mr. Pholput's
attorney waited upon Messrs. Murdock to have
the Plaintiff's basiking-book bolanced. One of
the clerk, set about it immediately, when Mr.
Frederick Murdock, confrog into the counting-
!lunar, asked him what he was gluing. The clerk
told him, whets lie immediately ordered hint to
erase the entries which be had just then made, arid
the order WJS abryrd accordingly. The buck oat
returned to Mr. Berryman. the attorney, thus
erased ; but the erasures were not so ctrectind as to
destroy the legibility of the figure*. it !night
have been expected, that after the Verdict its the
Court of Exchequer the I)efelichoorts would Imre
immediately withdrawn their extent. But no; lilt.
officer renowned in potorerarirris until the w moot of
attorney becattie due, and on that dry the extent
war witlitliawra, but the war rant of attorney was put
is, fume. The Plaintiff's foirirtiire, mud all his i.ro-
perty, were told oft; and ties faintly were
titrfied hou.rlrop stud Itris.ll‘.% into the street% ex-
posed to all the bonus of caution- arid ward, and rya
poard to all One totictoiroicv of the mason. Happil),
through the iltlinStsity Oita klitlilit As of neighbour%
,tie children were taken torinit pievented from perish-
ing for want, to which, but for emit goodoirsa. they
nowt hare been linble, through the unreeling and
merciless curiduct of the I)r.iendatits. This wet t'..e