The British Press; or, Morning Literary Advertiser.
London, England, 1809-09-28 00:00:00

CHESTER SUMMER ASSIZES, Au 5.2.9.

BcPre the Hon. Sir KOBEAT DACLAN, and a Special
Jury.
PAYSI WRY 617.0LD DEWS.
SICUOLLS 0. WARIL
The Attomey-General, Mr. Mammies opened
this case. It was, he stated, an issue out of the
Court of Chancery, directed by the Lord Chancel-
lor, for the purpose of aseertniiini whether three
bowls, for very considerable sums of money, which
had been given by the late Sir George Wynne, had
ever been paid to 11w party of whom the Piniiitiir
was the remereetative. The bootie in question
were dated as long back as the year 1732, it there-
fore would naturally be asked to what the delay in
endeavouring to obtain payment of them was at-
tributable? The facts were them :—Sir George
Wynoe was a gentleman who mode a very con-
spicuous figure in life, some time after the com-
mencement of the lAA century. He was not, it
was true, eminent as a Statesman), or us a member
of any of the learned professions, but he acquired
immense wealth by the discovery of u valnable lead
mine upon one of his estates. This mine was so
productive, that, in the language of one of the
witnesses, the money from it came in by horse
loads. Unfortunately for Sir George, productive
as it was, it was not equal to his extravagance;
his places of residence, in town mid comer), were
the mansions of splendour and cretiersl hospi-
tality ; Princes and Noblemen were his CORI.
panions at the table, uud Ire lived altogether
as if he thought his mine of lead was a mice
of gold, which would never be exhausted.
In this he was inistaken---the mine suddenly failed,
hut Sir George continued his style of hying, reel
his habit* of expense, long after the source which
supplied theta 'sail been drained. Ile became em-
barrained, mid borrowed money,wherever lie could,
on morroge, bond, ited personal securities. At
ength executions seized his property ; his houses
and rich furniture were. taken possession of by his
creditors ; he was, in fact, what would now be
termed, sold up; and he was Obliged to retire to the
Isle of Man. H r afterwards came to London, and
sought refuge within the limits of the Board of
Green Cloth; but. finally, he was arrested, and
thrown into the King's Bench, where he continued
till within a week of his death, when, his creditors
finding there were no hopes of their being paid, or
of his living much longer, contented tie release
him. Sir George, soon after his eulargement. died
at the house of his daughter. Among a variety of
securities, he had given the three bonds, with re-
ference to which the present issue way directed.
Now. though the presumption of law, arising from
the lapse of timo, was, that those hoods were tes-
ti-4er'. yet, if a stitr-eient reason could be .hewn
for the party uot having detuauded leiyment of
thens,: that would repel the presumption of pay-
meet, and entitle the preseut holder of the seen-
riiies to demand an.l receive satisfaction for them.
The reason lie had to shew was tile state of poverty
its which Sir George bail continued during the latter
part of :.is af. , ands indeed, nearly from the time
the bonds were given. It would have liven of no
use to have attempted to enforce them, because he
was, to nll appearance, utterly insolvent. After
his death, some of his estates, respectilig which
law-suits had been Wag depending, turned out to
be adequate to payment of his debts; but till those
which were due on mortgages were discharged, the
bond creditors could ant claim. The mortgages
had all of them beets recently pnid, and now the
representative of the bond creditors insisted on
their right to have the bonds settled, end the
raiutif as one of them. The Learned Couusel
said he shook shew that these hoed* never could
have been paid, and he should then be entitled to a
verdict.
The bonds were-then pat hi and read; after which,
in order to shew the distress to which Sir George
lied been reduced, there was examined an old wo-
man of the age of fourscore and ten, who hail been
at the sale of his effects when they were taken in exe-
cution by the bailiffs; she brought with her a huge
pewter platter, about the size of an ordinary round
table, whigi she hiul bought at the sale. womb after
her marriage, and entering upon horse-keeping;
it had Sir Cleotge's crest, a dolphin, eiulioased
on it. and she seemed to consider it as a great trea-
sure; she said they took every thing clean out of
the home, and then Sir George left the country,
and went to the Isle of Alan. The other circum-
stances stated by the Attorney-General were fully

proved.
Mr. GLItkOR, who appeared for the first time on
this Circuit, made an able speech on the part of the
Defendant. He contended, that, to repel the pre-
sumption of law, there must be positive proof the
lamas had never been paid. There had been periods
when Sir George might have paid them. His
friends might have paid tisein. And he considered, '
that if the Plaintiff had not been satisfied they had
been paid, he would have had recourse to mea-
sures for their recovery, at a much earlier period.
Sir ROBERT DALLAS complimented the Learned
Counsel on the ingenuity of his reasoning: but he
was of opinion, that the Plaintiff hail sufficiently
accounted for the suit not having been before in-
stituted ; by shewing that the pecuniaorembarraits-
menu' of Sir George, in his life time, and the in-
volved state of his property after Ilk death, would
have rendered it fruitless and unavailable.
The Jury were also of opinion, th it the bonds
had never been paid, and they accordingly found
a raedict for the Plaintiff.

Hit one gad hare 'eat all PI completely verified in
the present State Lottery ;
.for, if the purchaser of
four Tickets of the same number should be lucky
enough to hit ice 20,0001. he will take Aar. The
however, seem determined that they shall
buy them quickly, or not at all: for, by the prevent
demand, there will not be more than one Ticket of
any number left in a short time.
The following are the names of the miming ships
in the two lost fleets from the Leeward Islands and
Jamaica :--
for London Peggy, Smith. from Antigua. and FAms,
Penriee. from Grenada, parted con.oy ggth of Mimi; Bet-
loos, Thompson' and Aim, James, tram Jamsicar—For Li-
verpool Mary, James. from Jamaica; firma, Aylea, from
I srtinigue; and Three Sash ra, Tirentymau, from Mamas,
parted ml of Atigint.--.For Bristol, Atlas, Reed: from Bs:-
Latium or Dublin Bryan, Brthell, from Antigua —For
Belfast Good Wan, Taylor, from Antigua, parted nth of