The British Press; or, Morning Literary Advertiser.
London, England, 1824-06-11 00:00:00

THE ARMY.

General Sir H. Calvert, Bart. G.C.8., Major-General
Sir J. W. Gordon, Bart. K.C.11., Quartermaster-General,
Major-General Sir Henry Torrena, K.C.B. Adjutant-Ge-
neral, aval other Commissioners of the Royal Military
College, are gone to ttandhtnst, to be present at the exa-
mination of the Students at that establishment, which is
to take place this day and to-morrow.
The exercise of the brigaded companies belonging to the
different battalions of the Guards, which was ordered to
take place yestenlay morning, in Hyde Park, was post-
p‘ned, owing to the unfavourable state of the weather,
till further orders.
The depot of .the 94th regiment of foot arrived on Wed-
nesday at Albany Barracks, from Edinburgh.
One squadron of the 6th regiment of dragoons will ar-
rive at Carlisle, from Glasgow, to-morrow.
The depot of the lit battalion. of the. eoth regiment of
foot will arrive at Chatham, from Portsmouth, to-day.
Three companies belonging to each battalion of the
Guards will be brigaded to-day in Hyde Park, for the pur-
pose of being exercised according to the improved system.

Yestenlay the despatches for Bengal, by the chartered
ship Boyne, wae closed at the East India House, and de- j
livered to the master of that ship.
YAswouTu, JUNK 7.-1)n Saturday a very fine ship,
the Ottawa, of upwards of 320 tons burthen, was launched '
from the yard of Messrs. John and Thomas Down's, at
this port. This ship is intended as a passage-vessel from
London to Quebec, and a peculiarity in her construction
had excited great interest in the public mind. The morn-
ing proved auspicious, which, added to the intensity_ of
feeling, an immense number of spectators had assembled
on the'banks of the river.
NIOIIIK WORK FOR Ma. MARTIN.—A Sheffield paper
states, that a few days ago, at a neighbouring village, four
men agreed to play the bear and doge themselves. They
went down on all fours, awl fell to biting, tearing, and
worrying one another, when the poor fellow that acted the
bear was so knocked about and lacerated, that he was glad
to stand upright again as moo u lie could.—York Courant.
EFFECTS of 11)RUNRENNESS.-011 Saturday an inquisi-
tion was taken at Barnwell, beftwe Me. ('Revell, one of the Coroners
for this town, upon view of the body of James Brown, alias James
Fon*, an Infant. It appeared that the mother of the detested is
an lelahwoman, and had been at Donnelly*s lodging.nsuse lit
Barnwell for a few nights previous; that on the Wednesday night,
between eleven and twelve, she was teen mining out of the Black
Lion public-home quite intoxicated; she dropped the infant in the
street, and picked it up again by its heel.; her husband and an-
other man then came to !Pail her home. Iler husband endeavoured
to take away the child, which she resisted, and fell down into the
lodging-house, when the child rolled out of her arms. The child,
' appeared to be in a very dirty, filthy state, and the mother was
quite incapable, froui intoxication, of attending to its wants. The
child died on Friday tiiorning. The verdict was. " That the child
died Ly the visitation of God. but there was great neglect and want
of care on the rift of the mother." An immense crowd of people
surroundoll the put sir-liotoke &flea the inquest, chiefly females,
• and the mother was o!,l,gett to leave the place finder the prot,:etion
of the constables, to prevent bring insulteil.. -B.!, y Poo.

,~~~rr

LAW INTELIJOENCE.

COURT OF KING'S BENCU, WEITIII2IIITh. Jvits 10.

---
Before Me LOAD Cntsr JUSTICIL cud a Special Jury.

PERJrRI'.
THE KING v. TIAIOTHT TOWEL/.
T:iis was nn indictment against the defendant, who is a dry.
salttr at Brisdol, and who is also a partner In a banking-house at
the same plaice, for having, in an answer put in by himm ittcd to a H
ill
tiled against him in the High Court of Chancery, fini
ful and compt perjury.
The ease tar the prosecution was cmducted by Mr. Scariest,
Mr. Skurney, and Mr. Broderick. The Attorney-General and Mr.
. .

Tindal appeared for the defendant.
Mr. SCAN I.r T T, for the preseecution, said that the defendant was
a partner in the house of Powell, Mitchell, and Co. of Bristol.
Some time previous to the year IEO7 they entered into the Spanish
wool business, but in the latter end of that amt.r they proposed to
Alessm. JAMS', Wellington, and Parka, Wish wuolstaplers at
Hedhridge, in Oloncestershire, to become partners in the Spanish
woolibusmess. The proposal was aesmpitell, and it was agreed that
the house of which the defendant was a partner was to advance the
money necemsry, and that lte,srs. Jones, H'ellington, and Parke,
were to share the profits. After the death of Mr. Mitchell, in 11112,
the prosecutors Meet a bill in the High Court of Chancery against the i
defendant and his co-partners, to compel them to give an account of
the sal s, profits, kr% of the Spanish wool trade during the partner- I
partner-
ship ; and in that bill it was alleged, " that the defendant and his
eo-par vs made a fictitious sale in Dec. 1008 of 101 bn I
gs of Spanish
wool, and that in 1800 the defendant and his co-partners received a
I MIDI exceeding GOO/. for rescinding a bargain made by them with
I a person named Osborne Yates for the sale of a quantity of Spanish
wool, and for which sum no account was ever rendered to the pro- ,
secutora. The defendant, in his answer, denied the truth of those
allegations; and they also stated, thet the *ale of the 101 bags of
wool wan not a fictitious sate, but that they (defendants) bought it
at the valuation of a Mrs. Einsworth with the consent of all parties.
Upon those denials perjury was assigued. It was painful to him
to be compelled, in thedischargc of his duty, to make such charges
against a person who had, like the defendant, borne for ninny years
i the highest character for probity and integrity; but that character
I was, if there was any truth in the statements in his brief, Imo:over-
I ably lost. Ile did not wish t say any.hing in aggravation of the
o
I offinee of the defendant, and should therefore content himself with
I calling witnesses to prove the charges against the defendant. The
, : Imarnedyounsel:.having detailed the facts of which he intended to

ofrer eridnice, called— -
Wm. Emsworth, who was a wool broker at Bristol in the years
1407, 1801, and 18119. He swore that be knew of a partnership in
the Spanish wool business havirg been entered into between the
houses of Powell, .Mathews, and Ur. of Bristol, and the houses of
Jones, Wellington, and Parke, of Deditridge, and the agreement
'was that the business should be carried on at Bristol. In the
month of December wen, Powell and Co. were in possession of a
quantity of Spanish wool, which was rising rapidly. On the 11th'
of Iheember left Mr. Mitchell came to him and told him to write
to Jones and ('o. that he had effected a sale of 101 bags of Spanish
wool at a certain price. The witness wrote a letter to that effect,
but he concealed the name of the burn, who were, in fact, Posen
and Co. He never was employed to value the wool. In the
month of February following, he was employed by Mr. Mitchell I
to sell more wool, and he accordingly, by his request, wrote to •
Mr. Osborne Yates, that Messrs. Powell and Co. had made sale of
a large quantity to a person who was going to take it to London'
immediately, and that if he wanted to purchase any he must come
to Bristol immediately. Mr. Yates came to Bristol. and asked him
the price, which he said, according to instructions he had pre
, Timid), received from Mitchell, was 30s. per pound, because there
were many purchasers in the market. Mr. Yates at first thought
the price too high, but returned in a short time, and agreed to take
178 bags at that price. At that time there were not in the
sion o. Powell and Co. more than 194 bags, and Mr. Arle:hal
directsit him to go and purchase 109 hogsfrom a person named
Yaugh. He went and purchased the wool at 21s. per poond, and
r..t of that lot he gave to Mr. Yates et bags, to make up the
78 bags. After he made this sale he saw the defendant in his
nting-house, told him that he had made the sale and the price
which he got ; he also saw Mitchell, who said to him, in a jocular
paanner that if he could not mecum better prices, another broker
Must be employed.- In the months of March, April, and May,
Bpaaish wool fell considerably in price. In May,lB9la, Mr. Yates
called upon witness, aid asked him to say who were the owners of
the wool, as he wished to have come conversation with them. He
told Mitchell what Yates mad, and Mitchell directed him to say,
that theowner of the wool was a Mr. Wellington, of London ; and
'he Immediately went to Yates, and told him that his principal was
Mr. Willington, of Landon. At Yates's request he wrote to
Wellington to come down, and they went to Yates's house, where
Yates proposed to forfeit a certain sum, if Wellington would re.
adnd the bargain. This offer was communicated to Mr. blitcheti,
who told the broker en make an offer to Mr. Vete, of taking back
124 bags out of the 178. upon Mr. Yates paying five shillings per
pound on the quantity so returned. This offer was communicated
to Mr. Yates. who readily accepted it, and gave his acceptance,
'which he paid into the hands of Powell and Cu.
In his crops-examination he said, that he became a bankrupt in
1811, but did not obtain his certificate ; Mitchell was one of his
meignees ; previous to his bankruptcy he was on very intimate
mew with Mitchell, but since his bankruptcy be had never spoken
to Mitchell, who he understood died in the year 1812, but he did
not know what was the occasion of his death. Ile went to Spain
after his bankruptcy, but previous to that he spent eight or nine
months in prison in Landon; and eight or nine months in prison in
Bristol. Mr. Mitchell wee the person who transacted all business
relative to the Spanish wool, except as far es regarded the paying of
the money, which was always done by Mr. flungerfued l'owell,
the brother of the defendant.
Elisabeth Ennweetb„ the wife of last witness, mere that she re.
membered the defendant's having come to her husband's house and
asked him to give up Yates's acceptance for 6,31161. ea. Mr. Powell
said if her husband would do so, he (Mr. Powell) would prevail
tom Mr. Mitchell to sign his certificate.
James Wellington, who was in 1809 a partner in the house of
Jones, Wellington, and Puke, of' Dedbridge, corroborated the
testimony of Ermsworth respecting the letters, which were writ-
ten by him to their firm. The letters were produced, and the
witness identified theta to be the letters received by his Inn from
Emsworth.
(The letters were then put in and read, and the contents of them
were merely that Emsworth had made sale of 101 bags of wool at
a price named in the letter.)
In his crom.examination he Reid, that Mr. Mitchell was the
person that principally managed the purchase and sale of the wools;
and that die defendant told him that the wool was not re-sold at •
profit, and offered him the inspection of his books its support of
bat statement.
Mr. Osborne Yates corroborated Emsworth as far as it respected
the purchase, &c. of the 1711 hags of wool, and said that befote he
bad made the purchase he went to the defendant's counting-house,
where he had some conversation with Mr. Mitchell respecting the
wool. He believed the defendant was Torment. Ile did not set with
his usual caution in making the purchase, because he considered
himself as acting under the recommendation of the defendant, whom
he then believed to be his sincere friend. IVhen he discovered the
fraud he brought an action against the defendant and his partner,
and was paid 6,000/. to compromise it.
Samuel Yates, the father of last witness, gave similar testimony.
Mr.SCARLETT—The's my case.
The ATTORNrYMENIMAL; for the defendant, addressed the
Jury. It was impossible for any man not to feel that the evidence
which had been just given must have made an impression upon
the minds of the Jury ; but he was sure, notwithstanding that,
the Jury would listen with patience to the few observations he
had to make on behalf of a man who on the present occasion had
every thing at stake. No situation could be more cainfnl than the
situation of an advocate defending a man advanced in yean, highly
connected, who had for years maintained an irreproachable charac-
ter, which this day might perhaps be blackened for ever, He
did not mean to contend that the answer put in by his client was
strictly correct ; hut he trusted that he should he able to produce
witnesses to satisfy the Jury that it was the result of mistake aris-
ing from the complicated proceedings in the Court of Chancery,'
and from the reliance placed by the defendant upon the statements
of Mitchell, who, he could prove to them, had the entire manage-
Lent of the Spanish wool business.
Thomas 11ungerford Powell, the brother of the defendant, swore
that the defendant carried on the business of • drysalter, and did
I not Interfere with the management of the Spanish wool business,
which was left (with tbe-excectimi of paying the Whyte the ma.
nagetnent of Mitchell. With respect to the 101 hags of wool,
Mit-
chell told hint that they were sold originally tolVellington and
Enliven, and that he (Mitehell) hail repurchased them. Neither
he nor his loather knew anything of the compromise made with
Mr. Yates until Mitchell brought them Yates's acceptance, which
they took, because Mitchell said that there would be a great loss,
upon the revile of the wool. The wool was ultimately resold at a
I loss. Ile offered the inspection of hie books to Mr. Jones, who
refused the offrr, and said he had no doubt but all was right. Ile
and his brother relied entirely upon Mitchell as far as the wool
business was concerned.
In the euns.examination he admitted, that previously to the
compromise, Mitchell mentioned to him Yates's offer. Ile ob.
jetted to any forfeit being taken from Yates, for whom he had a
great friendship.
Mr. (tale, a chile( the defendant, gave similar testimony.
Mr. Lowe, who is Solicitor to defendant in the Court of Chan-
eevy, swore that the proceedings were of a very complicated nature,
that he relied principally upon Mitchell fur instructions to draw the
answer, but that he sometimes got information from the defendant
and his brothee.
Mr. J. Pitt, M.P. for Cirencester, knew defendant fur the last
twenty years, during which period lie bore the highest character
1k veracity and probity.
Mr. S. Yates, one of the witnesses for the prosecution, was
called, and he gave similar testimony.
Mr. eleeaat.t:TT shortly replied. lie contended that the evidence
attend for the defence in fact strengthened the evidence for the
FOsecution. The Learned Counsel then commented upon the evi-
-1 deuce, and concluded by calling upon the Jury to discharge their
very painful duty, by returning a verdict of guilty against a man
who was once highly respectable, but who, he was sorry to my,
had, in an unguenled nunnent, been tempted to do an act which
must eventually be the ruin of his cbaracter.
His Lordship, in summing up, stated that there could be no
doubt the statements in the answer were not true; but the Jury
would not be justified in finding a verdict of amilty, if they sl Id
not be satisfied that the defendant, knowing the statements to be
false, had sworn that they were true. His Lord/ship then recapitu-
lated the evidence very minutely, and commented as he went along
upon such parts as he considered tube either for or against the de-
fendant.
The Jury having consulted together found the defendant Guillr.
The I. did not rise until past eight o'clock.