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yR to the mode In_ which he conducted his bosun-A.

Ile then stated, that he had famished some goods
himself; but he had charged no commission fur
them. This, however, did not apply to the goods
which he(the Attorney-General) had alluileilto; sub.
anima to lOW, Ms. Davison did in his accounts
state, that lie himself had furnished some goods,
and assigned as the reason, that he could not get
gli out of the market to supply the demand.
For these lie had stated no commission, as lie knew
he was not. entitled to it, us they were actually his
own, and he had received the profit of a me:Limit on
them. Mr. Davison that he intended to
give Government tleitit,.lor the commission he had
charged upon these fraudulent vouchers, in some fu-
ture !Wel/alt. Tins he did iii what was called a ',up-
plegieutury account, dated the 15th of May, 1806,
and headed thus, Debtor, Lieutenant-General
De 1141131 Cy. late Barrack-Master-General, iu ac-
count with Alexander Davison. creditor." In it
he begins with taking credit fur 9,0001. mid then lie
charges for one year's rent of his warehouse, and,
upon the other sale, ha discharges 1 elf with
sums that ought to have gone into former accounts,
which, liv error, were omitted. In it he carries the
correction so far back as the year 1797 ; and, al-
. though the balance against Mr. Davison was in illy
favour in a former account, yet this last one threw
it against him, to the ainount of 6,6791.1ti5. 11d.
Mr. Davisou had evidearly seen the necessity of
looking over his accounts with a scrutinizing eye,
and thus voluntarily divulging tiicise • errors,
which lie saw were very likely to be detected,
as he thought that it would come from loin with a
better grace flint.' if he had 1142e1l driven to it by th.-
Cuininissioners. By this means he had timid 'nut
that he had been overcharging Government to the
',amount of 1,5001. which it was necessary to retsina.
This, it was evident, he had no thoughts of doing,
wail time Military Inquiry was institute.!, when the
Commissioners for the Barrack Accounts had hint
before them. He declined rendering a cash ye-
*bunt which they rerinired; and, in his letter of the
loth of November, 1906, stated, as his reason,
that all his accomits had been rendered, settled, and
the balance paid ; namely, this very balance w
lie reclines in his supplementury account. He
(tlie Attorney-Generali had thaw.. endeavoured
to state to the Jury an outline of trainattiims,
which, from their nature, ' were difficult_ to
be described, but which, upon hailing at the
Palters themselves, were easily comprehended.
When the case should be detailed in evidence, it
weight lie rendered much more intelligible. tins
object hud principally been to state to the Jury the
grounds upon which iie charged Mr. Davison, in this
information, with fruilduleut practices, and the in-
jury arising to Government from the commission of
those frauds. He had also hinted at some of the
points likely to be set up iu his defence, iii order to
'hew them that it was impossible that they could
be substantiated. lie desired to lead them to no
conclusion to which the evidence itself did not)

fairly conduct them, nor to give a verdict in his
favour, rhould the case appear doubtful, or equally
balanced. If they thought it was so, he had no
objection to their giving it in favour of the Defend-
ant ; lint he was of opinion it was impossible for
Mr. Davison to shelter himself itgaiii4 the impu-
tation cast upon him ; and it would therefore be
their duty to thud him guilty.
The letter written by Major-General De Laney,
dated the 214th of February, 1794, offering Mr.
Davison the agency for the Barrack Department,
and also the answer thereto, dated the toth of Ja-
nuary, 1795, accepting of the proposals, npon the
commission of two and a half per cent. upon the
goods purchased, as the sole emolument to be re-
quired, were put in and read.
Mr. Thomas armor, Secretary to the Commis.
sioners for the Barrack Accounts, produced the
several accounts alluded to by the Attorney4;ene-
ral, which ware (severally read ; and proved the
hand-writing of Mr. Davison. to those containino
the names of Sheddon, Watson, and Allen, tlw
alleged fictitious merchants, furnishing him with
the goods in question.
Mr. Win. James, clerk to Mr. Lodge, the
packer appointed by Mr. Davison, wowed, that the
name of Sheddon was stated in the accounts ren-
dered them as the seller of the goods. Mango
Sheddon was the person who managed the army
business at Mr. Davison's warehouse, in Bedford-
street, and he knew him in no other character. Ile
knew Watson as a clerk or apprentice at that ware-
house, and he was quite a yonog man, about .2.1-
years of age. He did not know one of the name of
A lieu furnishing them with goods. Mr. Lodge
conducted the whole of the packing business, so far
as related to bedding aud towels.
Several additional accounts and abstracts were
produced, and partly read ; the Attorney-Genre:a
at the same time pointing out the consistencies and
inconsistencies which he had enuinerated iii his

statement.
Mr. John Allen said, he was in the employ of
Mr. Davison in the beginning of isoa, nua hail
the management of the hooks inlforil-street,
at the Array-clothing Warehouse. He knew of
young loan of the name of Watson being also there
at that time as an apprentice, but he did not know
him as being a person of property, nor as carry-
ing on business of his own, but he a•:u in the Ca..
pacity of a servant, and had no apparent means of
carryin4 on business. This Witness proved u
paper, which WAS Shea❑ him, to be his

ing. It purported tb be a receipt by him to Mr.
Davison for the amount of 15,1361. 9a. gd, for bar-
rack [wilding, delivered by IVatson, dated 31st
Dec. 1798. It was not written at the time it bore
date, but was signed in the year MO. Ile did nut
know Wilburn in 1798. Ile knew that there was 110

acing supply by 'l4—'ittsoii, ;,t4 that paper imported.
He signed it by desire of Nit.. Boweruig, u clerk of
Jr. Ilar.u.oit's. at the liftlet, ill St. Jnittes's-st rcrt,

adjoining to liis clia4.ln,use. Ile believed it was
dictated by Mr. kitveistsg. Ile signed also similar
receipts tar each of the half yearly accounts hir
four or five years. There were many of them for
tlnnug which he had no acquaintance with
the parties, nor with the tran►actions, and many of
dr.•ru were done at the same time. He hail no com-
munication with any other tiers° is than Mr. Row-
eling mut Mr. Shaddua, the latter of whom is now
dead. He did nut la-e eive any of the SUMS for
which those receipts pin-poled to lee documents.
He supplied the goods friar Mr. I)avison's ware-
house, at Redford-stn et, out of his, Mr. Davison's,
own stores, and of his own manufacture. He signed
the receipa a; for Watson, who was then said to he
absent, he did hot know where. There were four
clerks or apprentices at the Bedford-strect ware-
house, and several hundreds of men were employed
stt work for Davison, out of doors. All the goods,
when ready, were sent openly to Mr. Lodge, the
parker._

Mr. DALLAS made an eloquent defence on be-
half of the Defendant, which oecti2ied about too
hours. He rose uitelor • feelings of cosaiderable
anxiety, and he was sure the Jury themselves must
entertain such feelings, when they reflected upon
the sort •of case thi y were uow assembled to con-
sider. The charge, was, that of a fraud alleged to
have been committed in the execution of a public
employment, stated to have been one of great trust
and confidence ; a fraud which mould only pro-
ceed from a mean and sordid desire in the Defend-
ant, to put into his own pocket a small sum, com-
paratively speaking, beyond that which he would
otherwise have received, in breach of the paildie
trust reposed in him, and in violation of the
',tattiest principles ref honesty and honour. Such
au acctitottion involved in it. iyiue all that was dear
mild valualile to any man, as well as to those eon-
meted with him. He hoped, however, to prove, that
1141 fraud had actually been committed. Previous to
17:14, the Barrack Dcpartineot was supplied with
the necessary articles by purchases from varions
dilferent individuals, which !trochee was found
both to create delay, and give occasion to decep-
tions. General De Laney being then at the head
of that department, thought it prudent to appoint
the Defendant as an agent to effect the neet-saary
purchases, and to prevent the inconveniences that
had aiisen, and fur this he was to receive a com-
mission of 2; per cent. for his mercantile skill and
experience. Many calumnies hail gone Atwood,
attended with dangerous consequences to the Dr.
fendant,:but he hoped that on thisday of trial, the
,'Jury would prove themselves quite uobiatuteil and
unprejudiced. It had been rumoured that this ape
pointineat had taken place when no acquaint-
ance existed between Gen. De Laney and the De.
fendato, and that Mr. Davison was not previously
known to be a person of skill and experience. He
ceutet, hmiever, stasureithein, that the Defendant.
had been long employed tit things of the same
sort be was well known by his very extensive
transactions' both of a public and a private nature,
and was Mir of the most considerable merchants in
the city. He had been employed in many con-
tracts with Governasent, in supplying stores to the
litfetentsllepartmenti,sinil providing traipports up-
on the exisedition to Holland, and had lately, be-
fore this circumstance, acted as Commissary-Geo.
by the appointment of a Noble Lord then in his
eve, (alluding to the Earl of Moira, then on the
Bench.) His zeal and honourelde conduct had
been therefore tried end ascertained, previous
to his appointineot by General Dc Laney.—
The prMcipal part of the pri,ent charge
that he hail been gnilty id: a fraudulent
breach of duty. It must be observed, this was
a contriu t in which the Defendant was not merely
to he occasionally employed, or that each distinct
dealing was to be separated from the other, but it
was one which required a continued vigilance
towards the growing omit of the public service;
and that he, auticipating those wants, Should pre-
aria such incoliveidenciea as formerly existed ;
that is, there should not he a deficiency of barrack
stores, in ronseqnence of any scarcity in the mar-
ket ; the compethation which he was to receive was
not only for looking the ba:•gain in each particular
instance, but Aro for taking care that the different
articles should be safely thpositial in the place where
they were wanted, and miming the risk of their be-
ing returned, should they be of a different description
f douse required. In addition to this, hr was
also to superintend the insurance of these articles.
These were the leading points of the agreement lii
qua stion. He should admit, that if, during the
apave of dive years, the Defendant had cot ii iii /WI to
snisply articles, in the mimes of others, with a frau-
dolma intention, that would undoubtedly be a
fraudulent execution of the agreement, when he
hail no liberty to derive any other emoluments
stated. He should however slew, that whatever
might have born his intention hi doing so, no frau-
dulent purpose was actually in view. The charge
was, that being employed as an Agent to receive a
commission of two and a half per cent. mid no other
emolumeot, lie from time to time supplied to the
Hoard stores said to he manufactured by himself,
as if they hail been manufactured by other per-
sons, and that he thereby imposed' upon the Bar-
rack-Master-General to allow him a commission,
which he would not have otherwise received.
This being what the charge is, it was a little
material that the Jury should know what it
was not. ' Before doing this, however, he again
took an opportunity of adverting to the scandalous
prejudice which had been excited by the dad,
publications against the Defendant. Although it
turned out by the statement of the Attorney-(
lene-
rwl. and the evidence adduced, that for uo less then
ten yews, the Defendunt had been in the habit of
executing the office of agent, it was not imputed to
hini,after all the investigationthat hall take.. place,
and the unusual powerr• vested in t he commission. that
he had tit any one instance charged for these grinds
Risme the fair market price of the day. It was
most intoortittit to ktiow there wes so actual saving
to the tinblie, in the dealings carried on with 31r.

Davison, It hsel
charge that he had
in this respect, or
neither had it been .
the Defendant had
into any unjust
derstanding, with
'while during that
public 'acme" had'
*wale was [Mud
all these foul and
Davison stoat
The Crown had been
against him, nlieged
his having dealt
cal agreement.
511 It :Illy answer
freed, to allege
of life conducted i
doubted, whether
motive, therefore
must look round,
duet of the party i
Mid it fair sad
for supposing that .
gle instance. He
original agreement.
the seller of his
beyond the coot'
that that was
which he acted.
agreement, in the
General De Laney,
he should supply the
prove, that that was I 1(
ems known to General
Irere, of loving out-
'employed for tlie
goods from others,
st was deemed neceoury.
`be .smigueti 'by General
treentent, was the
public market
standing all the.,
purtieular period.
this, the Defendant
diet. there his Lor
seer to the sixth
vison by the Commissioners,
was any other agreement '
Barrack-Master-General,

there was any
persisted in stating,
authorised by General
his own stores.; i
writing, yet the
transaction took ,
(ieuend the Laney
Mr. Dallas next procteded
it was not inconsistent • "
as agent to dente
actions, besides
instaticed the case
acted as broken,.
could be proved, I
the prices of the
Major-t ;mend . I
von received his
s.
CClUefv,y
await, were
Under these
them to find
fraudulent one
material part of,
delivered in fictitious
receipts were
clerk, instead
material to ohs eve,
whatever of this
rood agreement
ing this, for the
improper and ft
they were of opiii
entated to the co,
beeinne quite imi.
was not 111 general
commit amongst a
their daily surrounding
and detect it, and, '
twin. When we foi,
.work in such transac,
be imputed to
for the object i
in this m..imer
iiece,sity for •
iirartised. It 14,
MAO` out in that particular way, solely by he re-
commendation of Mr. Booming, the clink of the
Defendant, in order to comply with the regula-
tions of the Barrack-Office. He should pima, to
demonstratimi, that Mr. Davison, long before this
inquiry, had applied to the Barrack-Office, in order
to deduct the commission from such former ac-
counts, in which his clerk thought it had hien
irregularly introduced, and that it was afterwards
rectified iii a current account. The inquiry took
place in it/05, and was afterwards further. prose-
cuted in latali; while this appliention look place in
1802, and Mr. Davison consented to deduct it.—
Mr. l)artits concluded by recapitulating his va-
rious points of defence, and particulatly enforced
the right of Mr. Davison to charge the commission
of an agent, at the same time that LW enjoyed the
profit of the merchant. by virtue of the alleged
%crow' agreement with Geuend He Laney, sad
also forcibly contended, that such being theater,
it was impossible to conceive that the supposed
fraud had been knowingly committed. In support
of his argumente he called
Major-General De Laney..-ge 1 was some time
since Barrack-Muster-General. 1 **l4 appUllittli
in the year 1793, mid continued until Nov. land.
Formerly, thu furitialtiug of bariacts .tutees was
conducted by the War-Office, and partly by the
OfillliMet-Offer. but pnreipally by the former.—
% arious persons Irene employed by them a. *gents,
but Ido not know what commission they had. I
found great inconvenience arising to the public
service by that mode of conducting the bestiaries.
I often found, that wiles) the ;articles were
thought to brat the barracks, according Co order,
they were actually still in the warclaiiiiaw iii Lou-
dest. The dory of these regent.. did not extend
to the actual seitiling of the storms In the dittei eat
barracks. ins was en iccouve.iienee which re-
quired to be -
vernmcnt w:
was in conseqi

. ,
t iraa ixsf lseki. made a Fart of the
he had condutced himself irregularly
et, or that hi,,had raised the market,
Ai
t been made * part of the charge. that
int had in a Aicsgle instance entered
list or fraudulent transaction, or un•
with the persons with whom he dealt.
that period nearly one million of the
r had been passing through his hands:
round to SPIV, that noriettlisttuding
it and miseleevons eistabiatione,* Mr: ' -
o:1 fully and completely acquitted.
tad been only able td whet ape charge
alleged to liner been comMitted by
alt under the stipulations atilt origi-
it. He did not mean to say.. that it
wer whatever to a specific charge of
lege that a man had is every situation
cted himself uprightly ; but when it is
ether that fraud existed in fact or in
More more difficult in detection, we
nod, and see whet has been the con- •
nifty in every other instance, and if wd
sad upright, there was no reason
that lie departed from it in one sin-
. He should grant, that under the
ement, Mr. Davison was not to be
if his own stores, nor to charge
commission ; but he had to observe, •
us not the only agreement under
-led. There had been a subsequent
in the year 1797. between Imo and
Laney, by which it arm .otipoloteil
pply the stores himself. He should
,hut was not done claialesiiiiely, but it
o General De Laney. Instead, there-
ig only an agent, he was, after 1797.
a. the double purpose of purchasing
,thers, or furnishing them himself when
ed necesaary. The reason that would
by General Dr Laney for this seesind'
was the impossibility of procuriiig ins
market a sufficiency of stores, notwithe•
the. exertions that were used at that
ieriod. Were he to go no farther than
fendant would he entitled to their ver...
his Lordship oltawrved, that in as an-
sixth interrogatory put to Mr. Da.•
e Commissioners, as to whether there
her agreement betwesu him and die
ster-Cleneral, he positively • denied'
,ny other agreements Mr. as still
stating, that to 1797 Mr. Decibel' was
by General De Laney to supply from
; and although it was not put in
the circumstances under which that
took place, would convince them that
Caney had. uthorized him to do
next proceeded to argue. that •
t inconsistent .with the • delft+ "
derive profits froni niervantileiratisa
ides the covninisaions he 'charged ; and
to case of insurers and merchants Sr he
otters. In the transactions alludi4l to it
sved, that samples, attitetnhat of
1 the goods, had been tilways avat to
Laacy, sad that, Mt.' Davis •
.1 his approbation, previous to his re-'
warm These prices, ft' could be
e considerably under the market pile's.
e eircumscanres„ it, was imposaibk few
d that the claim of commission sees •
one on the part of Mr. Davison. One
rt of the charge was, that Mr. Davison
n fictitious bills of parcels, and that
ere delivered in the name of his
stead of his own. Now, it was
• observe, that there was lib instance
thus being the case, until eller the re-
silent had been entered into. Suppos-
the sake of argument. to hose been an
• t.
ind fraudulent proceeding, Jet, nudes.
sf opinani that the Defendant war unit
the commission, all that %pet iris of ploof
ite immaterial, and of no avail. .4 fraud
general u thing which a man ,'house* to
oiliest a crowd of spectators, who, by
surrounding hint, cantiot fail to obseete
it, and, by exposing him, would be his
cut we found that a man goer openly to
eh transactior.s, no fraud or dce...it COD
Ito him. It was not fur him to account
act in view, in making out she arenuitt
liter ; but it was evident, that where no
or a fraud existed, no fraud had been
it appeared that the accounts had been
,a that particular way, solely by the m-
aim" of Mr. lloisertiug, the clerk of the
t, in order to comply with the regale-.
he Barrack-Office. He should probe to
thou, that Mr. Deviant", long before the
Lid applied to the Barrack-Office, in order

rectiOcd. the more e-isevtally re Go.
re eri, to erect new turret kg. It
[tweet: of this 1 made the agreement

.ara t 794 sties: Mr. Devisoir. t knew that )*fore
lit find condacted hieseelL in various contracts
Kith traYdrYllSelit,*q.irgreat propriety and integrity.
1 looked "port Dasnion, in couw spruce Of that
ogreeincut, as.“etian merely as an ageut. I think
a eininge took isillet is the beginning of the tear
1798, and np to zs.lat period lie had executed the
business faithfully and diligently, and greatly to
my satisfaction. In the end of 1797, or the begin-
sg of 1798, there was an extraordivary demand
fir Parra...k stores, both for supplying new barracks,
and refitting the old. I accordiagiy gave Mr.
Duvisim notice, that he might Le prepared.—
It As in his risk :hat urricics were sent brim Lon-
don to the barrack., and if Oily of t`-st were EMU•
planted of by the officers comantudilig the troops,
he was bound to take them Wel. at his wen ex-
-Ikv4e, I twieve th it this did hapoen in point of
0. Uirvi ruy losing this intisnat ~,,,, Mr. Danl.
sou inenno.ted to me that he ass an nifty clothier
himself, awl could furnish runny of the net:maitre
artistes. Upon tins I pertained Inn to do so, al-
Clough it a as certninly adevaation front the regular
agreerattit. Ido not recollect that he ever did so
befere ; he was directed to send patterns to the
`.wrack-office, with prices, fur inspection ; and
lie (WI so; I wu., at the head of that °dice, awl
had several per.ons under me, to whom that
clitiNe in the nttiu..r or supply was knowit ; and
it M• 141 kuowu to the person who hail the Mllliige•
Wilt of the sup;oly, Colonel :11•Kenzie, and Mr.
Decry Castleman. Colonel :11.henzie inspected
the,e patterns mid price.. Ido not knew where
Colonel Nl•lienzir is ,mw, but 1 know that Mr.
Castleman is dead. The Colonel was particularly
conversant in stores of that nature, and upon his
judgment I relied very much; although Mr. Da-
vison supplied from his own stores, I conceived
that t`re principal agreement made in 179$ was to
govern the transaction ; that being the only devia-
tion front it, I had uo suspiciou of Mr. Davison
having acted improperly towards the public ; and I
du not Mink he wee a person likely to commit a
fraud ; I trio no reason to alter the contideuce 1
had in him from the first ; ors tins contrary, I think
1, should not have beers able to have supplied the
rv'et:4;nylesa I had a person of the energy of Mr.
e. • . „
airesrsaremilierr so tee ATTORIVT-GB \CELL
lolagaght it was very immaterial who *applied
the emotes. provided they were supplied at the
proper prtee and finality.
Q. Doyen think it is as well that the person who
was to check the price of goods furnished by others,
abeuld furooda them himself ; and do you thick
you can hare tire some benefit from his judgment!
.--A. It depends upon the prices of those others,
and Prely upon my own jodgistent on the.. subject.
I never (moldered it as is conclusion, that lie must
have had any interest in permitting any others to
charge 111,„;her. I ..aw no objection to the ariteles
being furt,;.!itil from hilt own othres, 'world, l faey •
del not exceed the prices that othirs tenderest
them at.
Q. Did You attensitrds enter into any embers
quest agreement,•by which he was to serve goods
himself to Government, and charge commission for
Wein ? A. d did not anthoi ise him ; bat should '
think to. agreement would speak for itself*. I•
never did it•maiimle rasa any account upon which
be had charged continua 'inn on goods Curet-bed by
himself. I certainl% , under ray agreeta nit, could
not !wee done so, ei;leasM r. Davison had made out
a case which required consid-ration. I should
either have inyselt, or submitted it to
those ua.'.er whom I acted ; no case, however, was
ewer submitted. There was nothing which ewer
lad use to suppose that Mr. Davison was cliargmg
commission on goods fornislwri by ltiniseL.—
The accounts were referred to the Accouutants,
at the Garrick Office, and they reported that
*oar, with tire vouchers. were regular, and in
conformity with the barrack regulation. I did
not inspect them myself. as it was not my duty ;
1 did unt think that commission was mentioned
in any of the nrcemits that came under my in-
swum-in. I did not willingly allow him to take
mill commission. as the general agreement had
eseluded it; nor did 4 authorise him, by any other
agreement, to take a seller's profit, as I certain-
ly should have considered it as acting against
my public dote. I had no neuron to suppose, that
spurious and fictitious mantes were introduced into
ally of the amnion.
John Idowernig, Ckrk of Mr. Davison. at• St.
James's.striret, deposed us to its being his duty to
make out the accounts, and also of his having, in
the year 1.432, suggested to Mr. 'Uremia the pro-
priety of not charlzttig commission upon the goods
furnished by himself, upon which the Defendant
agreed to alter tins several accounts that had been
so rendered. The Witness acconlingly applied to
Mr. Steinbach, of the Barrack-Office, to here the
amounts fur pest years restored, but which was
refused; and it was then agreed the error
should be stated in a subservient :recount-current
or supplementary account. The names ef U:gitson
mid Allen hail been introduced into the accounts,
for the purpose of avoiding the apparent absurdity
of making Mr. Davison be purchasing goods front
himself. Ile bad applied to Steinbach twice for
these aecountr, and stated his reasons for wishing
them retuned, to be to rectify certain errors in the
charging of commission.
Mr. Steinbach, the

of the barrack-

oficle, proved, tla;tt Mx. Bowen's* iu 19 2, applied
to him to return these accounts. in order to correct
them ; hut denied that he nienrinue.l the error to
be in regard to the commission that had been
eloirgeri.
The Earl of Moira. Sir Evan NepeaarSir
Wil-
liam Rule, !lon. Wellesley Pole, John Marini
Lake, Esq. Mr. Hunter, Mr. Johu Cowley, Jr.
Wilburn Smart. Mr. James Da7‘son, Mr. Black,
Mr. Gilpin, Mr. Huskisson, and !Br. Junlan, were
aeverally called to speak as to the Defendant's cha-
racter; they all of them concurred in statoig. that
he had, upon every OeMS.OII upon wi.a.di they had
had transactions with him, conducted himself
fairly and honourably, and that they did not be►
here him to be a parson capable of I...immolating a
fraud.
The ATTOR 1711• C; EN FRAL made an able and
impressive reply ;, and
iwnl ELLENSOIOIII6IIISaMLOrd nit with his issorl
perspicuity and impartiality ; hut we regret that
oar liinits will not. permit us to enter further into,
detail of this novel and iatereating

At half past seven the matter was left to the de-
termination ut the Jury : and although they thought
it necessary, from-the import:met of the case, to
retire, yet they returned, after a few minutes' ab-
sence, and by their verdict found the Llefendirat
guilty.
The Earl of Moira, Sir Evan Nepean, Sir Au-
drew Itimmond, and several others of the respecta-
ble witnesses called upon this occasioJ, sat :in the
Bench with his Lordship.
Mr. Davison was perceived in a retired corner of
the Court, listeuiug attentively to the proceedingi.

CIRMT OF COMMON PLEAS, WEITIIIVISTIII.

Sittingi at Nisi Prins. Injure Lord chief Justice
111AMFIELD.
WILPON V. MILNER.

This was on Action brought against the Defend-
ant, for institutuig a malicious ptutioeution against
the Plaintiff and his wif..
There had been dealings between the parties,
upon the sale of sonic timber, on which a tliffereuce
tusk place, which was reierreii to arbitration.
Upon that occasion, the wife of the Piaintiff soiled
OD some papers of accounts, produced by Inc De.
fendaiit, mid tore them. At a subsequent time, the
Pfaintiffand wile, and the Deiendant, met in the
street, and au altercation tosuing, the Plaintiff
pushed the Defendant down. The Defendant
upon this indicted them. Previous to the trial of
this indictment, it w is agreed to compromise, and
arbitrators .“-re named. At the mentii.q oil this
occasion, to rhdtle what was due oetivireu the par-
ties, they previously Agee( •1 to Miry aL uisimtes
between them in oblivion. The arbitration rent
off, without deciding the accounts. The Defend-
ant did not attend to prosecute his indictment, 'cid
the parties were of course acquitted. They After-
wards brought this action for this prosecution as
malicious. The Defeudatit now proved the as-
sault actually committed, for which he had pre-
ferred his indictment, but did not prosecute.
The Learned JUDGE left the conduct of the wit-
new. who proved the assault, to the Jury, who found
for the Plaintiff—Damages: M.
There were two other trifling causes, which finish-
ed the Sittings in Westminster.
The Sitting, iu London commence to-morrow.

CORRESPONDENCE
sznErax GENERALS cAstisam, cursu. amt.

We have once or twice had occasion to refer to
the arrest of the Ihputies to the Central Junta,
from Castile and Leon. by General Cuesta, an
*Sir yr4ic:t has hitherto been involved is mystery.
All length, bowei,r, an interesting explanatory cor-
resettudeuce, %loch took place through the inter-
fereiiiw of Getteial Castanos. has been printed. but
not Politish,A, by order of the Supreme Junta of
We have been favourtx4 with a sight of
the ilocistn,iits,ivhieli are rare even in Spain, from
which eke shad wake 411 extract :Pi copious as the
occurrence admits of, which is uow an Object of
curiosity only, and had ceased to be of import-

No. 1. Is a Letter from General Cattanos to
Cuesta. It heOas by Mating the ieports that had
bee,. -pread coneern:ug the arrest of the Deputies,
by the General ; and proceeds them to observe upon
the acqtsitssee..ce of the whole nation in the au-
thority of the Provincial Juntas 4114 the general
desire of the people to see a Central Junta. in the
possession of the national authority.
Independently, however, the public will say,
and true already said, of the general opinion enter-
taint d of M. Valdes, his well-tried loyalty sod dis-
tinguished services, sod of the peremal courecter of
the ocher Deputtes—independeittly of the respect
due to their public character, the high confidence
their provinces merit, and the most important and
urgeut concerns they were engaged in, whet crimes
can they have committed to merit hying so arrested
and imprisoned? t% hat Is the competent authority
to do this? If they are delinquents, why were they
not denounced to the Juntas of their several pro-
vinces ? Why not accuse them before the Central
Junta, which wasen the point of asseinbling ?"
The General then justifies his own interference,
by stating the anxiety and alarm of the public, cud
that lie being the chief of the troops who gerrisoned
the metropolis, was ho Ito relieve the public
mind ; he therefore deittends *of General 4..tiesta,
a hether the reports of his conduct be correc., and
why he pursued such steps ? This is dated from
Madrid, the le h of Septetulwr.
No. Is the answer of General Cutest., dated
Head-quirters, at Ttiregisno, the 196 September.
Having acknowledged the receipt of Castainos let-
ter, and having protested that "as principal and
Pule Chief of the provinces of Castile and Leon," be
is under no necessity to give an account of his con-
duct to any Provincial Government, of which he is
independent. while no general Government or
Itegelicy is estahlialted ; '• Ise proceeds to state the
feet* convected with the arrest, which are shortly
these :

"fleeing been nominated Captain General of the
Provinces of Castile and Leon by Ferdinand VII.
daring his short reign, he ft-solved to do ■ll is his
power to resist the tyranny of the French, by arm-
ing the Provinces under his communal. In order to
carry this into effect, he ordered the formation of a
' Junta of armament and defence' for superintend-
ing the enlisting and equipping of troops in each
di►tnct (liatendencia) ; and at the same time be
formed at Valladolid a General Junta, with the
same utter, and for the same purpo,,e, who acted
tinder hire direction tilt the Patriots were obliged to
abandon Valladolid, after the battle of the 12th of
June. The General, after the dissolution of that
Junta, formed another at Leon, consisting of that
Provincial Junta, already established there, and of
a Deputy from each intendeney of Castile. At
Leon, Cuestn ea.. joined by M. Valdes, who bud
fled from Palencia. awl offe.ed to uct under the
directions of the General, who, in consideration of
bra fernier office and respectability, confirmed him
Piesident of the Junta. When Renevente was de-
livered from the French yoke. Cuesta purposed to
estaldi,h a new Junta there ; but on the suggestion
of M. Valdes, he continued the Junta from Leon
iw their posts.
Trine Junta," he says. " continum; to obey my
orders, though they freTiently warp:cased their
;slew, till after the bloody battle cd Rio Seco, I
WAS obliged to retreat towards Lcon, pursued toy the

French, and abandoned by the army of Gallicia,
louder which critical circuttioccs I tittered Leois,

to save my infantry in the confines of Astoria, mid
retire with the cavalry to Castile." It was then
fiat the Junta retired to Ponferrada, where M.
Valdes, and those under his influence, intrigued
secretly with, the Junta of Cm-unite, iii order to
unite at Lugo, and coatroomd front thence both
Castile and Leon, independently of the Captain-
Gemeral, who was to be subordinate to each united
Just*. From Lugo, M. Valdes communicated-
this determination to the General, requiring that lie
should obey his orders, and ordering him to deliver
up all his cavalry to the General-in-Chief of Galli-
eia : this the General refused to da. M. Valdes,
also communicated similar orders to all the inferior
Juntas nnder the General's authority. -On being
informed of this, the Geueral imparted to those
inferior Juntas his resolution to abolish " the fogi-
tire Junta," and commanded them to break oft' all
communication with it. He was, for the greater
part, obeyed by those Joint's. forties, however,
arose in Leon, us some iu that kingtbose were for
uniting their crated population with the Gullicion"
army, which was within sight, and in irresistible
force. Fortit,:r. M. Vuldas and his at:herents,
without any legal authority, arrogated to them-
selves the authority of representatives of Castile
wed Leon, and elected, as deputies to the Central
Junta. M. Valdes slid Viscount Quintanilla.—
This conduct the General considered as a bread, of
subordination towards him, the Captain-Generat,
actin' under the authority of the King ; and it was
for this that he arrested M. Valdes, his cousin,
Captain of a frigate, Vitiate de Eulate, and the
Viscount Quitittinilla, President and Members of
the Junta which fled to Lugo. He confined them
in the State Prison ui Segovia; but having no ju-
risdiction over the Members of the Junta of Galli-
cia.
he did tint arrest any of them.
Having stated these facts, General Curate pro-
tests that the persons arrested, net being legally
elected Members of the Central Junta, the indivi-
duals of that 'body were net justified in iiiterfrAng.
At the same time, he declared his readiness to sub-
mit the whole affair to the Central Junta, as soon us
that body should be formally constituted and pro-
claimed.

No. 3. Isa letter, dated the t.tOth of Se,derober,
from General Otstaiew to the Council of Castile,
inclosing &copy of No. I, and soliciting the inter-
ference of the Council. " The public welfare iin-
periously require► of me not to neglect this expe-
dient, o the happy result of which !cannot doubt,
if the Council wettest:end to interpose." •
No. 4. Is the reply of the Council to General
Castello', dated tlst of September. Lr this the
Dean Ana Momirepressed the cattle coiticii:esice of
the Council, in tile views sad wishes of the Gene-
ral. Could the Council hearken with iaditlermce
to the noble ventiments of one w ho, awake to the glo-
ry of the nation, has laboured to break Ile: chains
which oppressed our beloved country ? Would the
Council expose that country to toe calamity of hay-
in, its great victories and decisive triumphs render-
ed Ineffectual by domestic dissensions, which, if
riot healed, would involve the nation iu ruin.
No. 5. Is a letter from the Crowell to General
Curiae. of the same date, expremiug the enlister-
sultiou they bad felt at the arrest of the Deputies,
cud snowing their high sense of the merits and ser-
vices of Al. Valdes. It remonstrates, in the most
mild and • respectful terms, with the General, con=
cerning the evil tendency of his conduct. " To
maintain the internal peace of the kinednin, the
Council lies renounced its rights, aril been insen-
sible to the ingratitude it has experienced. It
sighed for a legislative power, which would unite
the sovereign authority of the several kingdoms, in
the unhappy absence of the Monarch, and remedy
the evils produced dry divisions. And when that
happy moment approached, it beheld its desires
frustrated by so uslooked for an incident." The
Council then suggests, that even if the individuals
were guilty of any political °deuce, no harm would
arise f their being permitted to join the Ge-
neral Junta.

No. 6. Is a note from Castanos to Cuesta, of
the same date, declaring that all further corres-
pondence between them would be useless.
No. T. Is a second letter from Cattalos to the
Council, ineloeing a copy of Cuesta's letter, the
receipt of which is acknowledged in No. S.
No. 9. Contains the answer of General Clients'
to the letter of the Council, in which the arrest is
avowed, and reasons for it, urged before, are re-
peated. The detention of the arrested, far from
having the evil consequences prognosticated, ought
rather to be the IlleltllB of avoiding the diecussions
iti.d doubts which might occur when the Central
Junta saw a double set of Deputies present them-
selves, and contend for admission. On the other
bawl, neither prudence nor justice permit me to
overlook the disloyalty, insurrection, and insubor-
dination of the ancient Junta of Leon, created by
inc, and reduced by its President, as will be proved
by inc doesnaerits. 1 shall therefore order a Coun-
cil of iVar, cons:fiting of Generals, to be fohnedl,
in order to sit in judgment on one who is a General,
if a Sovereign Regency he not established before,
to whose decision I shall immediately submit these
proceedings, and all oy poweri,, which 1 have
hi-
therto considered as independent of all other au-
thority. Nevertheless, I shall always respect the.
mediation of this Supreme Council, from whose
judgment and knowledge I expect that it will calm
iw fears, amid approve of my determination, when
it shall be informed of toy motives."

'Mud Burgs de Osms, ,hid. September.
The result, its is known. wibi, that the Central
Junta was formed, notwithstanding the absence of
the arrested Deputies from Castile uud Leon. wad
also of the Deputies from Gallicia, who did not
veuture to pass through the country where Gen.
Cuesta was in authority ; and that thane Deputies
have since been admitted to take their assts. while
General CueAw 7esnai 111/ in the capital orantipluy ed.