The British Press; or, Morning Literary Advertiser.
London, England, 1822-10-25 00:00:00

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-agaio.girssing for his money. Horan) said, Oh,
my boy, we have done the Marlborough annuity
Sur von, and it bears a premium," Witness replied,
" yori 4•e welcome to the anntrisy, and the gre-
mlins Inn, roily let me have the Sligo a/011'Y."
likewise observed, it was very odd they
had userl him as they had done : they hod given
hint 'wither information or document. Gibbs then
" !live you not, my buy ? then I will send
than to eon 10-morrow." And. accord:ugly, wit-
ntloi ter•ived next day a paper—the same new
aticritt lion. Wiluess never siw the annuity-deed
till too*. The pencil writing no the bark of the
deed is wiiness's writing. Witness saw Gibbs se-
veral times afterwards. The paas-book was deli.
siren rn him by one of Gibbs'a clerks. on the 22d
of Ap• it, 1818. The entries in the pass-book were
then riot, and toms' to mouton' items relative to the
witti--•'s *cement with them; one item gave him cre-
dit hn-Ihe 1.1071. received from the Marquis of Sligo
and ,tel,ited him with 1,200 i. advanced to the Duke
nit Alarltiorough. Against that transaction witness re-
peatedly remonstrated alter receiving the book.
0.1 Ailed 21, of the same year, his saa.s-book
was again *eat to him. and in this accouut credit
"was given to him for 100/., the half year's annuity
reeriird from the Duke of Marlborough. Wit-
ness still continued to remonstrate against this trans-
act ~,,, and Ib urge for his money as the Sligo
tuoniy„.ielwayi repodiatiog the Marlborough an-
'miry. At length witness sectived a message to go
to Gibbs, he went accordingly, and was kept there
about 'font bours. Gibbs put dorm a 1,000/. and
some other notes, and *sits, 1' Look at them, ray
boy:" Witness asked whether he was going to guy
him ? and Gibbs said." Call to-morrow morning."
%Vigor, wrist again, and Gibbs said witness should
br paid Whe would not tell any body else. At a
ridiserrieut meeting Gibbs produced a debenture,
and said to witsie.s., " Sign th•s. and you shell
have your money in Iwo or three months." %Vit.
miss did nor know what it wa., but wishing to place
cosilisence in his attorney, he tigsieti it. It was at
a Bubo-440^t meeting that Gibbs tuld witness if he
did bet tell say our he should he paid. %Visors,
had weer received a farthing tither of principal
ur interest. The pass-book was sent to lion at a
tuba quern time, in which he wes made delitur for
1001. returned to the Duke of MAI !bar Unit.

(7rtivt•exonained.—ltetired from best lir,/ 1111018 ;
had been in business upwards of forty years, w all
extrusive way, and settled Ins own affairs regularly.
C..oisereed parchamiag onnuitira in 18l4; then
.oilvaoced 1601. and received about 11 prr cent.
Ilk received it far about, roar leers, but bad sauce
received to and rim now at low about is.
The CM lIT J uittctro• You were very bulimia,
to receive it ea long."
Witness reounied.He had some other ennui-
tiv%; Gibbs narraaged his annuity bre.ineea; might
have received 'aissruities in advance of Howard :and
Gibbs used to act on tbeircedvice, but sever dm
thori-rd them to lay out his money, us they shoild
coortider, to the beat advantage. arid cookil Sot
seem deist be waskot told tie Mar lbotoogh are 00000 ty
vas priocipally teemed on She rust Office annuity.
The it. benture produced was out renderatood by
him ; he had it at home with hint furs mouth but did
not mad it, and afterwards returned it to Ilimard
and Gibbs, bat was obliged to take it bark again,
or they told lint if be tiid nut they would mod it
to him. Did not recollect that be wits told the
reamm of executing the drlittritire woo, that the
Lord Chancellor had decided that Ilse Post Office
ant.ni'y of the Duke was sot clersegeoble. Warren
111./ 111.1 quarrelled with Iloward sad Gbh', al-
though they used to wrangle a little during the list
year ortheir Irstraections.
Marlborough deed was then read ; by which
Ifonard and Gibbs advanced 10,000/. to the Duke,
on condition of receiving, dutitg las life-time, an
annuity of 1,600/. ii-year.
Tfie debenture war then put in sad read, by
whieli Mr. Donnell agreed in take 1,3001. to be
paid' ander a certain, trout deed. of which trust deed
Colonel St. John was one of the trustees, and re-
leased the Duke from the payment of Ins an-
nuity.... . .

Lewis Miro was form►rly a linen-drape►,
Dsfurd-street, bat he had retied Crum busiu•N.
Was sorry to acknowledge he had Lad trans-
actions with Hnwa►d soil Gibbs. Keel, them to
be pertness. Witness, had an annuity of the Duke
of Marlborough's. The Defendants urgociated and
trausged the traniactions fur him. The annuity
rear greeted iii 1813, and slimes received it down
In 1817. Don't know that the Defendauts were
it all acquainted with the state of the Duke's ad-
fui,s• in 7817.

George Whitehead, formerly a clerk in the set-
vice Of Howard and Gibbs.—They consmesecrid
partnership in 1813 ; they had considerable trans-
actions pith the Duke of Marlborough.
.Witnesis
left theft in December 1817, and does nut kuciw
whither the Duke was in their debt at that time.

Juhu relton Cooke.-1 was • clerk to the Or-
'batroom in ISM 'the Duke was then in their debt
about 8,0001. epos' two acceptaorces. Knows this
otAtr from the ledger. Knows of Motorll's annniq,
uud the sum of 10.2001. being raised for the Duke,
but doe, lint know whether my money was paid t.
Iflas. ao information except whet he ()butting'
lion the books. _

The SottetToe-Grunnat. addressed the Jury
fur the Defeudauts. He was convinced that every
one who heard this case would co eider it as a most
est reorchourt one. Messrs. Howard and Gibbs had
been the tole, iturs of Mr. Damien ; and if they had
nu propel ly ad einql bins, they were liable in a corn•
toms action ; but a common action would not 'save
suited Mr. Dartuell's purpose, for then the Defeuda
ants would have come into Cam on equal terror,
winch' now they could not do, for Mr. Darnell.
who wee d' party interested, was allowed to tell his
own skirt, but the Defendants were restrained from
givir.g that' uoswer to the high-coloured picture
whigli Mr. Deductl had drawn, which he was in-
structed they could have door. The Learned
Cua..sel then pr..creded to take a review: of the state
iii,ohich the Duke of Marlborough's affairs were at
SIC time' Mr. Dartuell's money was advanced. At
the time iu question the Doke winged to nose
10.000/.aud it was iutetsded to be secured by an-
outties on the Duke's Post-office annuity, which
the Inghtit• legal authorities had declared to be an
"40 secant) ; and the Defendants considering
au aevautsgeoes mode of iovestiag money.
ided amongst their clients, and had given
trutell a shore of it. So corAdeat were

they that the security wait good, that they eveb
gave Mr. Dolorll credit for the first half-year's
annuity of tool. ; in the mean time the • subject of
the Post-office annuity came before the Lord Chita-
(senor, mill his Lordship decided that the Duke
had no power over this pension. Cut Howard and
Gibla had acted most carefully, they had gone
upon legstl adviee of the first reputation. Had
that opinion been right, Mr. D4rtivell would
still have had a good secutitif.r his annuity. And
were the Defendants, he would oak, under such
circumstance,, to be made not only civilly but cri-
minstly unaareeshlo, as was attempted to be done
in this awe? Worn the mistake was discovered,
Howard and Gbh, exerted themselves to obtain
other securities for the annuitants. They applied
to the Duke for new security, who agreed to assign
over all the property over which he had any con.
trot to General St. John, a relation of the family,
in true, to forma fund, out of which to pay
these annuities ; and Ibis being done, these dee
belitnres, as they were called, were issued. Whet
could they have done better? He would +hew that
Mr. Dunne!! knew well enough what was the na-
ture of the debenture; and further, that though
oot at present available, there was no doubt it
would ultimately be an and thud, under all the
cittumstancer, there was not tiny ground for the
present prosetation.
Henry Howard. jun. examined.—Saw the Duke
of Marlborough sig.' the annuity deed to Howard
and Gibbs, in 1818, and saw the 10,000/. consi-
deration money handed over to the Duke. Mr.
Gibbs and wirnem went to the Duke at Blenheim
House to have the deed esivored.
Cross-examilivd.—Dees not know whether Mr.
Gibbs took his hill with him, but sow the money
paid over to the Duke ; he can't say how much Mr.
Gild'. took back with him.

• Mr. Stephen Patch, a conveyancer, was con-
stantly consulted for several years by Howard and
Gibbs ou the subject of the Duke of Marlbo-
reifies's affairs. In 1817 witness was consulted as
to the power of the Duke to charge bis Post-office
revenue with the payment of annuities ; nod in June,
1817, witness gave an opinion that the Duke had
the power, and afterwards prepared the deed.
Mr. John Abbott, clerk to Mr. nonage,. soli-
citor tn, the Duke. proved that the, deed appoint-
ing General St. John a trustee for the payment of
the annuitants was executed by the advice of Mr.
Saunders.

Crosr.examined —lii 1816 and beginning of
1517, the Duke, thou Marquis of Blaridford, was
greenly embu d, and his anourties in arrest;
be believed his Grace was in greater difficulties
after he become Duke, as he had large sums to
pry on his father'. death.
Mr. Merriman, nephew to General St. John. pro-
doted the deed of trust executed to General St.
John by the Duke.
Thomas Stephrnr, clerk to she Defendants In
1818, was attesting edemas to the debenture sigaled
by Mr. thirteen; read it over to him, and ex-
plained it to him at the time it was executed. •
Cro.s.examined.—Witersa does not know that
the Defendauts hid ever raised iureeitier to pay utf
she arrears of other anneities; or that at the time
the trahsaction subsequent to the present inquiry
took place, Howard passi,pihtehud bills coming
dose which they had accepted the Duke.
The opinion of Mr. Butler. ip favour of the
Duke's right to give securities Ms his Pust-office
venue, was put is and reed ; 'arid likeeire the spi-
nier. of Mr. Preston to the same ether.
Mr. SCARLIFIT bAs;tily replied.
The LORD CRIER JUSTICE summed up the eri.
dente. and rifler some debtors Mien the Joey foetid
the Defendonts Mot Ctliky. '

OLD BAILEY. THURSDAY. OCTOBEit 24.

ROBBERY BY A SERVANT.

Stook Perry was indicted fir str•ling in the
dwelling•house of her miter. Edward Llyerr, •
quantity of !see caps, &c. on the 17th most.
The l'rosecutor stated. that the Prisoner had
lived in his family above three weeks; that an the
day laid in the indictment, about four o'clock in
the morning. she alarmed the house, declaring there
was a strange man in the kitchen, who was stealing
the property. The Prosecutor went down stair*,
sad found ail the doors secured ; the kitchen win•
dow was a little Open, and a halite wattstaoding weer
but without the !cost natl. of dirt ow it; these
appearances induced hint to suspect the Prisoner,
and he comnsuoicated his suspicious to the welch.
man. whip informed, him he had seen a light in the
kitchen window • few minutes before, at which title
there were • quanti.y of clothes us the hone stood-
lug before the fire. The Prisoner was then taken
into custody, and on searching her bed part of the
property was found concealed between the bed.
ticking and the sacking, and amongst the articles
the identical property she had described the strange
man to have canted away.

A little girl steed that the Prisoner expressed •
wish to sleep with her on the night laid in the in-
dictment, as she said she expected the house would
be:"roblied. The witness refused to let her sleep
with her, and said shr would tell the watchman of
her suspicious, on which the Pi isoner mid, "0, no;
nonsense!" _

......_____ _ .
Mr. Justice BAT LET 'voluted up the evidence.
The Jury found the Prisouer Giihy of stealing
to the amount of 39..

Woe. Fry and Philip Ward were ind.cted for
breaking cud entering the dwelling-house of Win.
Patterson on the eveutog of the 4th of October lett.
The Prosecutor deputed that he lived is Broad.
way, Westminster ; that between eight cod nine
o'clock in the evening laid in the indictment he
was sating in a room behind his shop, when he
heard some persons vociferating, "They ate rolibing
your shop !" he stem out, and sew a pane of gists
which had been mended with putty had been re-
moved on one side, and through the aperture a pair
of shots had been liken.

Two little boys stated that they saw the Prisoners
remote the pane of gilts*, and that the Pri►oner Fry
took the spurs and put them under his coat. The
Prisoners were talon into cu►tody, but on being
searched nothing vests found on them.
Mr. Justice PARK summed up the evidence.
The Jury roomed a verdict of not Guilty.
Was. Crowder and karles Heasiagion were
capitally convicted of steeling in the dwelling-house
of Wm. Smith a gr-at coat and .ight silver spoons.

TnE A R.M:

The fle.t divi.ioa or the 43J light infantry bas arrived
ea. al Gibraltar.,

The 934 Highlanders quartered its FAO, were inspected
on Friday by illsjor-General Sir John Lambeot, who was
highly pleased wilts the manlier in which this eteellesit body
of noels went through their wisocievres. This, distisogisisked
°floor also impelled their barracks. and expressed his ap-
probation of it. eleonlistesa and reroleelif•
The intended alteration in the change of eintoswients of
the tilth dragoon gesrilo and ltlth hussars is not to take place
melees distorlmares recur is the eutautry stations propo.ed to
be allotted for the cavalry.
Ho leedoeorlay loot Sir John Elly inspeeted the 10th his.-
sans at Collier, and on Thursday the 61d fool were iieopeeted
at Clunmel by Colonel Thuratos, Deputy Adjutant-General.
A isradron bribe royal dragoons has received orders is
march this day from Cauterbury barracks, as follows, viz.
one troop to Deal, said the other troop to Hythe. They are
directed subsequently to detach to Dover, Sendoff., Ring.
wood, Newington, Romney, Dionchnrch, and Lydd,
in aid of the riding officers of the revenue.
One sqnadron of the lot regiment of life guards, com-
manded by Colonel Lygoo, marched into Brighton on Tues.
day (the 22.1 instant), from Windsor. They replace the 34
dragoons, who have been fur some mar past stationed here,
under Lord Charles Manners. and who now go to Chichester.
The 3d are pas tienterly One men, sod the gentlemanly de-
utrapotor of the officers, and orderly conduct of the troops
in general, rinse them to be followed by the cordial good
wishes of the inhabitonts of Brighton. Ihe life guards
have been ordered here, preporatury to the 'reload of his
Majesty, sad they will stay at Beightua until the departure
of the King. This is a new regulation, sad we think a very
proper one —/ Nrigifon 6=etta)
Yesterday (Monday, 21st instant) the second division of
the 15th regiment of foot arrived here, on its way to Ire-
land.—(Liverpool Advertiser.)

hbbrw
hid divid
Idr. Dal