The British Press; or, Morning Literary Advertiser.
London, England, 1809-02-07 00:00:00

LA!V INTELLIORIKE.

COURT OF KING'S BENCH, W64=13'016. hi. 6.

THE eleo tt. ALEIANDER DAVISON' Inc
This warning. at au early hour, the Court was
extremely Creedal!, it heiug understood that
Alexander Davisce. F:sq. wits to be brought up to
receive jitdgment. Inunedietely upon Lord EL-
T.LNBaltallalleS arrival, the ATTORNEV-61,111tA1.
UttiltiOaed the busietas before the Court, atid his
Lurdship proceeded to read the minutes of the
late trial, the particulars of which are before the
public. After Lord ELI.ENeOROUGH hail iioislied
reading the evidence. ti uuusber of afSdavita were
put us by the Defendant, hi initigatein of pettish-
usilut. Aiuiiag them was oue by the Earl of Moira,
which stated, that iu 17ga he had the command of
,din expedition destined fr. • the co let of Prance, w he
linding a defideuce us thy supply of stores, from the
high character lie feel received' of Mr. Davison, he
r -iinimended him to the late Mr. Pitt, and he wits
61 • ,ainterlCommissary-Generill. While Mr.Davison
er Is in that office, his Lordship had frequent
of observing hie zeal and disinteresteduesa.
Algae they were it Southampton and the Isle of
Wight, muskets and other arms a ere wanted for
the Itoytilists in France, which were pestered by
Defendant, npoa al% emergency, at a very Own
period, anti for whit h his charger were not nearly
rn high as lie might reasonably have demanded.,
Defendant was afterwards aepointed Treasurer o
the Oralnatice, offioe of gre.a labour, for which
lie received 6001. a-year, and open this office tin-
oergoing revision. tor the purpose of keepitig liege
/1/1:111Ces out of Truli,oreeet !With, lie was offered
liberty to retire upon hal which he disinter-
estedly declined, mid ateitetatal rn diselieree the
functions of his *Gee upon the old catatilislimeet.
The affidavit emelnded with statiug, that Drpo.
'neat believed 11r. Davison had, on all neriisions.
discharged Ins duty atituirelily, and laid invariably
acted with °teat seal for the service oil whirl) Ile
was einplriTed. An alli.lavit of the Earl of Chat-
ham bore testimony also to the merits of the De-
feurlant. There were several other affidavits to
,:lUtradter, one of which detailed his having ex-
fsitriidie tnidives, upwards of :Mal.
in einbodyiag a ..nriis of d)) entunteers; and else
one of Genera: D.. 1. lifeey,,as to hie ability autl
in-
tegrity .
fir. DAI T.Ol 110 e and said, it Owl beaame his
duty to :mitre.., the C.eart ;n mitieatioe of puniah-
mem ; in doing altiele he felt he was ma in the
least at liberty. to ion wadi ilie verdi whirls Mat
been given against hie client. It folly appeeved
that the rested traneietion ori4inatiel nut of a.i
agreement entered into. I 7aa, het vie, General
Pe Liam cad the Liot; 111til reepeet to that
agreement there hail beau no coutrorersy ; he lied
admitted artist trial, shut it' the Defendaut obtained
more that, was there .stirnituteil, he must obtain it
•augfally.lae islierkiwre to 61 ate that Lau-
cry hsd entered Mtn tbateoutrect with Mr. Desists',
solely from the Ingle c!saracter winch lie bore during
eu interval of nearly foitr years, in which not terse
particle of his coMiutt hail been impeached, al.
a period nearly half a minims of money had passed
through his bands; that too was * period of pro-
found security ; public san:too wee uslesal ; and
he could diet w
have none that with impunity
which he eas eobseque•*.ly charged with dying
when all were spun the alert for inquiry 114•4
inveltigation. Ile was sure he spider the voice of
every Judge in Eng'and, idler be said, they re-
joiced to hear :f man in Mr. Davisies'e situation,
prove his merits ; and cnutended, that while his
prosperity was considered a, an alleriution of iln-
puted ;,wilt, it was, greatly strengthened by his
pruiseworthy character; and General De Lai:ivy's
assertion. that had he now the apaniuttuent of a
persrei to fill a similar situation to that lately held
by the Defendant, he knew no one of greater uhi-
lite, or more worthy of .itch confidence, than that
Gentleman. The Learned Counsel next came to
that pal t of thecasear lien a change took 'dace iu the
agreement, in the latter end of 1797, or beg • g
of MIL The eireurnstauce, he said, which led to
theta change, was the great and ineretwin ; &mend
for barrack stores, when Defendant proposed to
provide thein himself; to is hitch General De I :Jamey
anent, believing it world benefit the politic, by
iiicreaanig the supply. without conceiving it would
increase Mr. Davison's cutolument ; Co:aerial De
Laiwey did tint draw any line of distinction where
4-41nrni.siosi ought to he eltitraed,it•. I where it might
not ; it' he had, then the fraud would be up-
"trent ; but the General had stated, tlett the *lily
differenee in the agreement was, that Delisidimi
was at liberty to sell, come...metal v was inn dim-
ble capacity, that of agent and seller ; and although
lie spiel mint mists to say he was entitled to bile per
centege, yet that it was a ease of great peculiarity.
as he sent goods frialectitly to the Enrol...ha, in the
character of seller, that were returned, and for
which lie MO& no charge; which, in the capacity or
agent. he would Isere Woo fully retitled to. The
fannied fietitkinati said Ito could tint advert to
Cie manner of itilitituting the proarriit ttttt , without
cousideralil,- pain : he bad, sit the time, endea-
voured to impress lois opiiiion upon the minds of
.she Jury ; but as eirtlify tribunals could toile
fudge front external appearances. moth 10 the De:-
fentlatit hail heels fotiail guilty, he would not in-
t ode UllOll the rules of tine Court by expressing
contrary opiuinrl. Tier Learned Gentlemen then
urged that no 60 tumid ultimately till upon the
public., and frit great plain that a doubt should he
ant. retitled of Defendatiee intrutinu to retinae the
money be taut wrongly chervil for commirsion ; the
affidavit of Mr. Itravringsteted, that lw intended
to return it ; awl the Accountant fir the Barrack pc-
pitrttisiint admitted that there had been an applies-
tine to get beck the acrienit, but theist it having
been reguliiriv pissed. the request could not Ise
granted. If Defendant tiere culpable for suffering
Furth an ectivoitat to pite with hi. the mul-
tiplicity owl extent of hie emiceres might lie fairly
pieuded as an 1!,:ellee. If dmilit could east, then
Ore meter. ensuing before the Courtin such termer
grounds,. he was sure wrathl lame its Jue weight.—
atv the effelevills of the Earl of Moira. the Earl of
Chatham, and others. it plainly appeared, th•tt.De-
te:.ilaut bor, bprm'irarinits ataterl times, given tip en-
beiterily to the Awry a anus not lees thou 70001.
Wee it then, hr asked, to ITU.SIIIII/10011 Ile Wild!t at-
v-mpt a fraud for Ile hoped thilfrwhru n
prosperous magi had occasion to try u here he had

*nee isitatewied, he would on have to appeal in
vain, or feel neglected, and that Whig desirous to
return the per ceutage he had received, he might
sit down with confidence of having mercy with jus-
tice, not justice at the expense of mercy.
The ArroamET-GENEaAL said, he could not*
wish to take from the etlect of what had been
urger) by his elnque it and judicious friend, but
the justice of the case required that the matter
should he put in a different point of view. He
then took a view of the case as already before the
public, and concluded with saying, that he did
not wish to dictate to their Lordships a mode of
punishment, but submitted the matter to their
better judgment.
Mr. GARROW declined proccuding on the same
side, from the length of time this case had al-
ready occupied.
Lord ELLENSIOROUGH—" Let the Defendant he
committed to the custody of the Marshal, and
brought up for judgment on u future day."