The British Press; or, Morning Literary Advertiser.
London, England, 1824-01-09 00:00:00

IRELAND.

THE CITAMPIONSHIP OP ENGLAVIJ ANb

GREAT FIGHT BETWEEN SPRING AND LANGAN.
The very intense interest excited by this event, throughout Eng-
land and the Sister RinOmit. the termintrion of which was to de-
I ride to whom the enviable distinction of " Charnainn of England,"
anti of " Ireland," was to belong, took niece on IVednesday„ on
Worcester Race-mum., opposite the grand stand, which Is within
leas than half a mile of the city.
On Tuesday morning, and during the whole of the day, till a late
hour night, the city of Worcester tilled with astonishing rapi.
dity. ('liaises, coaches, gigs, barouchts, carts, and vehicles of
every description, entered In succession, heavily loaded, from retry
part of the country, fal and lea miles round. Prom Liverpool and
I lindon hundreds of persons came to see the fight, and not • few
from Ireland. On Tamday night the Landon Corps Pugilistic
were nearly all in Worcester. and every Tavern war crowded to
erase. Beds, at same of the principal inns, were commonly
charged one guinea the night, and half-a-guinea at inferior places ;
and it is but justice to pay, that the inhabitants provided every ac-
commodation that lay in their power.
On Tuesday night the Lon men who ate emaloyed to convey
the ropes, stakes, &a from the metropolis to the field of battle,
claimed an allowance foe their trouble ; and as 2001. had been given
by the pod citizens of Worcester to the agents of the combatants,
the London men expressed their opinion that lOW. ought to be pre-
sented to than to pay their expenses. A long discussion ensued,
and Helasco's barker said, that his man should not fight on the
Race-course if the Mast was not fairly divided, and his pro.
try received part of the subscriptions. After several speeches
being made, pen and eon, the eltamence of orator Huh was exer-
cised against the motion ; the debate was adjourned, and on the fol. ,
lowing morning a compromise took place.
During the whole of Monday and Tnesday, carpenters were em-
played in erecting temporary hustings, and an outer ring of one
humlred yards in diameter was formed. Under the direction of
Mr. Share, the Clerk of the Course, an inner ring of 21 feet square
was raised, about two feet from the leveL It was found necessary
to elevate the inner ring in consequence of the flow of water
over the grass ; it was raised upon pasts covered wadi planks,
atiel the planks were afterwards covered with turf six inches In'
thickness, upon which saw-dust was laid. It is impossible to
artless. description of the outer ring; in many parts at itAlle ground
was half a Mot deep in mud and slush ; and many t. Jithany Raw
tram In a army plight, in consequence of slipping knee-deep in:o
bolos. which had been made on various parts of the ground to
draw off the water. The Grand Stand and the Hustings adjoining,
weft crowded to excess, at half-a-guinea a-bead, and the numbers
Who paid were computed at not less than four or five thousand.
The chief nobility and gentry of Worcestenthire and the adjoining
catuniesl were on the ground, and many noblemen and gentlemen
frees distant parts of the kingdom came to view. the trial
of etrength and science between these pugilistic champions. We
observed Lord Deerhinst, Lord Anson' Hon. Thomas Coventry,
sir Jas. Blusgrava, CoL Berkeley, sitAatliony la:chniere, Bart.,
Sir G. Webster, Lord Molynewx, Mr. G. Osbaldestone, Mr. E.
Peel, Mr. John Mills, Mr. t'oniptorr, Mr. J. 5. Barry, &c.
It was remarked, that at the races not one-third of the present
assemblage, in point of numbers and rank, ever honoured the
course with their presence.
Two hours before the fight commenced, almost every seat was
occupied, and the craft upon the river Severn, which meanders by
the side of the race course, were filled with spectators—even to the
top of the sails and rigging, and the appearance altogether was ec-
ho/kith effective and impoaing, which eras considerably height-
ened by the masts of the vessels being hung with Hags, and the
sails adorned with ribbons.
At ten minutes before one, Ned Painter arrived, attired in his
flannel jacket, with a fitair ?mind each knee, denoting his chaise,
ter as second. He anu Cribb had engaged to pick up Tom Spring.
At five minutes before one, Saving arrived at the ring in a carriage
egad pair, belonging to and attended by l'eptain Barran, his chief
backer, accompanied by Cribb and several sporting characters.
Spring was attired in a blue dress-coat, over which he wore a brown
weierreo ris, with brown koseymere small-clothes, and jockey-boots.
was nothing professional about bis fa, except a blue bird's.
eye Jbg!e round his zanceze. Spring expressed the utmost cond.
derma an the result of the.conteat, and bis coolness was remarkable.
lie took out his watch and said, " It is near one:" and we oh-
served that there was not the slightest tremor or shake of the hand.
At one o'clock Josh Hudson took off his coat, and appeared in his
white suit, as liangan's secant). There were cries in every part of
the ring far Langan. " Where is Langan ?" was resounded from
every part of the arena "Why don't you go-it, Spring ?" Spring
replied, _" I can't fight without him" " Note that dowt, Mr.
Reporter," cried Lord 3lolyneux.
Viscount Deerhurst was umpire for Spring, and Sir Henry Good-
riche for Langan; and Colonel Berkeley referee.
Ten minutes past one arrived, and Cnbb and Ned Painter cried
out most lustily for Langan • and Cribb said, " If you don't come,
Mr. Paddy, from Cork, the stakes will be given up to Cribb."
" Ile's coming," was rebounded Mom Langan's friends.
At eighteen minutes pot one o'clock an extensive hustings,
erected on the right of the Grand Stand, which contained not less,
in our estimation, than Wine or 2,000 pawns, came down with a
tremendous crash. Every eye was directed towards the spa--a
general shriek was heard, and the greatest terror prevailed. The
confusion created by this alarming accident beggared all descrip-
tion ; but the coosegoenees were nut by any means sot:tenure as
was anticipated. Many persons were wounded and lacerated, and
several had broken limbs; but happily none of the injuries
were likely to prove fatal. Sir T. Salisbury was cut about the
face and head, and bled profusely ; but the injure was incense-
demble. J. N. Lavender was at the top of the hustings at the
time, and was thrown Kraal yards; but he escaped with a trifling
injury oil one leg.
Half-past one arrived, and Langan not appearing, bets were
offered that he did not come at all. On referring to the articles of
the fight, drawn up at Manchester, it was discovered that no
spur thne of the day for the fight to commence had been inserted
therein. There was great murmuring. At twenty minutes to two
Langan arrived, and entered the ring leaning on the arms of his
sounds, Hudson and Reynolds.--(lluzzaa loud and long)—Ile is
not quite so tall as Spring. His height is the same to the shouldess,
but Spring is longer in the neck; nor is his form so symmetrical as
the person of his opponent ; yet his frame exhibits very strong
, muscle. His shoulders are broad, his arms long, his face well
covered by the projection of his on front is, and altogether he ap-
peared to be a must powerful atliletic man, and •• a dangerous
customer." Largan left Birmingham on Sunday, and went to
Droityrieh, which is within six miles of Worcester, where be con-
tinued till the niornitig of the fight. Spring luta been at the seat of
his chief backer, Captain Barrett, near Cheltenham, anti has been
in training in that neighbourhood ever since he left Hereford, when
he received the Silver Cup from his countrymen.

THE FLOUT.
Round the 10. —Spring began with his usual caution, and Lan-
gan likewise. They stood looking at each other for more than two
minutes. Spring nodded to begin. Langan put his finger to the
nose in dension. At length Spring moved in a little ; Langan
gave way until he was in a corner. Spring let fiy with the left,
which Langan stopped ; again he tried, but no use. The third
;line he caught him lightly on the head, and was returned on by
the right, at the body. Langan drew first blood by a touch on the
upper lip, and then went rushing at the body with his head down,
which Spring worked at without effect l'his round occupied at
least ten minutes—Langan was under in the
2. Both cautious again ; Langan sprung at the mark with his
left hand, but Spring stopped it, and tried the same, which Langan
got away from. Pat broke gr.nind to his own corner, followed by
Spring, and there they Loth stood, foot to foot, fora minute. Lan-
gan tried the wind again, with ionic eTrzt. At this nioment an-
other row of benches, on which at least two thousand persons stood,
came down with a dreadful crash. This shock paralysed the ring.
The men drew back, and suspended the fight ; and Spring lifted
up his hands with great emotion. It was impossible to ascertain if
any lives were lard, and the men again came to the scratch. Spring
began with the left, and chopped Paddy with the right on the aide
of the head. Langan returned briskly, and fell down, accompanied
by a slight memento from '4pring. It looked laic a knock-down
hlow,•but it was no stitch thing. 'lids was a long round, but inef-
fretiie. The Irishman astonished the ring by his scientific
copping.
3. Spring was more busy at starting, and nicked Langan with
a desperate counter on the haul. Langan reeled away, and went
Idown. - - - . . . _ _

4.
Langan had but one aim---Spring's wind—which he felt for
again ; then forced on him impetuous r Spring was collected, and
waited on him, and nicked him as he came. They closed, and had
a long try for the fall. It was to see who was the best wrestler-1
Iferetord to Donnybrook. Spring had the luck; but io going,
(lowa, Langan contrived to turn him, and rolled Spring under. It
was evident Spring must win, and fifty to five was °flinch All
the attempts to keep out the crowd were of no avail, and &dense
mass of pcopie clung to the ropes at every side.
b. Langan peed his right hand well on Spring's heed, and then
went in for • chance hit; but it was soon made a close, iu winch
they rolled toether. Spring had the worst of it.
fi, 7, 8. AR wrestling, and no good fighting; in the last round
both the men rolled over the ropes.
9. Langan began to show marks of miniAment, but Spring was
without a scratch. " Do in to him," said Tom Reynolds—so Lan-
gan did, but Spring laid hold of hbn ; after a short struggle Spring I
was thrown heavily. The Irishman now convinced the ring that
he was as good a man as ever fought, and that it would take a long
time to finish him.
10. Langan hit again with the left, bang at the mark ; half the
blow told. Sng returned on him at the head, Langan dropped
his sconce to avoid it, lint Spring, who laid the trap fur the purpose,
caught Kim under the thin with the right—then closed, and threw
him ; this was the worst round yet for Langan.
II anti ll—Spring had the fall in the first, and Langan had all
the best in the other. While on his second's knee Langan war
chattering ; " Doo't talk," says Josh lluipon.
1:1 and It, to the advantage of Spring in fighting, but Langan
won the fall in the last round by a peculiarly dexterous nick of the
leg. '1 here was not one good blew up to this time, and people
were Astonished how slow Spring was at his work.
15. Spring made his left on the nose. Langan put up his hand
to feel it and laughed. Spring also calve good plunge on the ribs.
Ile then opened on him left and right, but Langan stopped hint
nobly. The round was all in Spring's favour, who threw his man
in clean style.
11, Langan's left eyi was chivd t Spring tried fiir the other,
lie then rubbed down Langan's car with a chopper. The men
clewed and struggled a long time at the ropes for the fall, but Lao-
gar, to the astonishment in everybody, threw Spring heavily.
17. Both rolling together; some cried out, " Langan is biti:g
hint !" but no such thing, he fought like a man all thrtugh.
The rii:g was broken in at every side, and the space for fighting
was not ten feet ,Hoare. Whips and cudgels were of ao use the
moll could not be kept back.
l'p to the 20.4 round there was no ktercst ; in a 'Amish: for ibe

fall, Langan came on his knee. Itipring good-naturedly patted
him pn the shoulder. lie felt he had • brave man before him.—
('• Bravo I Spring.")
In the 22d round Spring booked him left and right. He is too
safe a fighter to hit hard, and all his blows failed in doing their
proper execution. Both the men came rolling. on the ropes. Spring
went under, when Langan, with the eccentricity of an Irishman,
caught him by the arms and pulled him up.—(A shout of laughter
followed this exploit.)
13, 24, 25, 26. All the same badelghting and good wrestling.
Langan kiddie best of the falls. The tight had now lasted an hour
and a quarter, and Pat was almost as good as at starting. There
ecru was a gamer man ; and it is a question, if he had not been
over-matched in weight, length, and practice of the ring, if he was
not the better man of the two at that time. Spring was not busy
enough. He would not give a chance away.—l 9 to lon him.
27. Langan gave way es Spring chopped with the left baud, and
in going down got • pummellipg on the ribs.
211. Spring began with a chetterhig bit on the head. Langan
reeled away, hut would not got down till he med his luck again.
He is a rare creature !
To the 31st no change. In that round Langan fell with his
heed tinder hint ; his neck was nearly broken, but no harm in
reality.
32. A sharp rally.. when Langan both gave and received ; the
latter to a great lest, but he still chewed his strength by throwing
Spring a desperate fall.
34. Spring began to look exhausted and pale.. He was without a
Iscratch, and fought No safely, that Langan's punishment was less
than any man who ever stood up for so long a time.
35 and 36. The Irishman worked away as merry as If Le had just 1
begun his work. He chopped Spring with his right hand hand-
'ninety. in the fall both rolling. The ring was at this time In a
istate of confusion front the incursion of the Cloths. All sorts were
I huddled within the ropes, and theye the P. C. men were busy to
keep a few feet clear for the battle. An hour and • half had elapsed,
and no appearance of the finish.
In the 311th round, Langan caught his man • plumper on the
: cheek.
lit the 39th, his nose looked queer, from a straight hit.
In the 4Vth, Spring slapped him in the face, and as he went
hack, pummelled his ribs with a vengeance.
he irtut From the Nth to the 53d, t was but little to notice. Lan-
! gin had but one way of fightin which he never altered. He
fought altogether at Spring's win 90 cautious was Spring, that
be never d•the job properly. Sming's return was always lett and
right at the head, which Langan generally snippet', then rushed in
Ito fight, when a hugging m.r.cli task place, and this is the brief
i history of every round.
From the 534 to the Seth round, the battle went on in the same
way. No chance for Langan until the 110th round, when he planted
his right hand like a sledge hummer on Spring's head. The ring
were loud in praise of his game, and it was admitted on all sides
that he is the hest big Irishman that ever peeled. Spring, though
piping, kept his judgment, and knight safely to the 111th round,
when he went in and gave a few finishing touches to his painting.
Langan went down so weak that the cry beams general to take Mtn
laway. Reynolds was recommended to do so, but Langan would
not consent.
Clear the ring, and let me fight," said the poor fellow, all
Idropping in gore, " I have not given in, and I can fight for an
I hour."
Reynolds and II udson gave in for him out of compassion ; and
the battle was decreed to Spring by the umpire; but it was se-
veral minute,' before Langan could be persuaded to leave the ring.
Spring was carried away la triumph.
The battle lasted front half-past one to a quarter after four—two
hours and three quarters.
OBSERVATIONS.
Spring has sustained his fame, and secured the championship.
He is the safest man, after Jack Randall, fortt he never gives a
chance away ; but he is ton tardy in dealing out punishment, and
his blows do not tell as a heavy man's like him should. There
was not one real good hit in the fight—not one clean knock down
blow. Langan has proved himself • truly game man, and the
wonder is, how a novice like him could make such a stand against
the best men in the ring, his superior by nearly half a stone in
weight. Ile is a prime article, and deserves encouragement. We
heard • countryman on the road from Warwick say, that if
Langan lay on the ground for half an hour, and Spring beat
hint all the time, he could not make Min give in. Such is the man.
One word on another point. How the person, or persons, who
fur their own exorbitant profits, admitted four thousand people on
. a temporary scaffolding, without looking to its proper stability,
can answer to themselves, we cannot say. Bat their conduct has
been so disgraceful, that we trust it will not be overlooked by those
who can call them to lIICCOunt. Several gentlemen were severely
bruised.

—Weide and Belaauo lure t have fought in the Name ring, but it
was too dark to begin fighting after the first battle. We suppose
they can keep for another day.
Crowds were collected on the road to town to learn the issue of
the tight.

SPORTING INTELLIGENCE.

TATTERSALL 'S BETTING ROOM, J•ro*iT 8.

The Subscription Room was tolerably well attunied to-day, not-
withstanding the absence of many of as constant visitors, principal
speculators, who are not yet returned from witnessing the tight be-
tween Springind Longish. There was no basiness done worthy of
notice, and the present sescraf odds is exactly the saute as opoci
tied in our report of Monday.
We understand that many subseelbers to Tattersall's Betting-
room feel indignant at not receiving the regular entriesaf the differ-
eat stakes as soon so nominated. An agent to the Jockey Club,
resident in Landon, it seems, gives the preference to a particular
Morning Paper, instead of not only accommodating the subscribers
to the room, but those of the Racing and Sheet Calendar, who feel
themselves strictly entitled to notice. In order to regulate such inno-
vation, and to give the earliest information of news of this descrip-
tion, we have made arrangements to famish our sporting readers
with such articles sa soon at they possibly can be procured. Be-
neath will be found the nominations for the Newmarket St.
Leger :
Newmarket St. Leger of Vigs. each for 3-yr-old colts, list. 71b. ;
fillies, fist. 41b. 1/. I.
Ld. Exeter's C. out of l'entina Mr. Wyndham's C. out of Silver
Id. Exeter's c. out of Advance Tail
D.of Rutland's f. out oftloadrille Mr. Prendergast's f. out of Sis-
D. of Drama's f. out of PopeJcan ter to I lospitality
lal. Stradbroke's c. Cydnus. CoL Wilson's c. out of Trivabush
D. of Drafton's E out of Prudence Mr. Batsoa's c. out of Jessy
Mr. Greville's c. out of Sister to 3lr. Goddard's c. by Anucipa-

Casting
Gen. Grovvenor'sC. FLterus.
31r. Rush's c. out of Reserve.

tion
Mr. Thornhill's Sister to Sailor.

HUNTING APPOINTMENTS.

The Cheshire hounds meet to-morrow, at Beeston Hall ; Mon-
day, at Salterstield Bridge; Tuesday, at Alderley Park; Thurs-
day. at IVithiogion; Saturday, 17th, at Tabley.
Sir T. Stanley's hounds meet to-morrow, at Phinyard House;
Tuesday. at West Kirby; at ten.
Sir R. Puleaton's hounds meet Tuesday, at Millbrook; Thurs-
day at Gallantry Bank; Saturday, 17th, at Lam Bridge; Monday,
19th, at Twendows ; Friday, O. at Shocklach Green, at eleven.
Mr. Allmeirs foe hounds meat on Monday, at Hartshorn Vil-
lage; on Thursday, Jan. Li, at Shirley Pirk ; and on Saturday,
Jan. 17, at Ithck Slough—at half-post ten o'clock.
Sir George Sitsell's fox hounds meet on Tuesday, at High Lane,
Marlborough Moor ; and on Friday, Jan. 16, at Cate-litre -at ten.
Mr. Munster's fox hounds meet on Monday, at Badhy Tarn-
, pike; on Tuesday, at Preston ; an Thursday, at Welton Place ;
land on Friday, Jun. 16, at I)odford—at half-past ten.

ArTLICTING ACCIDEXT.-011 Monday last a very melancholy
occurrence took place at Oak-laws, Surrey, the seat of Edward
Murky, Esq. Amongst a number of friends who were enjoying
winter sports at Oak-lawn, was Caw. T. Morley, formerly of the
Hon. East India Company's Artillery, who had arrived in England
only a few days previous. Capt. .perky, being particularly fond
of field-sports. was highly delighted with the well-kept covers of
his brother's estate, and sported every morning; on 3londay last
he was shooting a new cover, in company with his nephew, a lad of
sixteeti years old; the enclosure being very close, Captain Morley
reconitneaded the young gemleman to keep in the rear, and not to
fire snail the birth. bail ratan ekaq the guickaet hedge, which-di.
sided them. Two cocks starting aeon after, the nephew unfortu-
nately neglected this caution and fired. when Capt. Morky, who
was then not twenty yards distant, received nearly the entire charge
in his right shoulder, and fell, exclaiming, "Oh ! Ocorge, I am
shot." The young gentleman, overhearing the exclamation, sprung
over the hedge, and found his uncle lying on the ground in great
agony : assistance was instantly procured, and the wound was exa-
mined by Surgeon Wallrr, who happened to be then oa a visit at
the house r the greater part of the shot was extracted, but from the
tom ewe of the surrounding flesh, and a partial fracture of the
bone, it is ?mutual that amputation will be necessary to ensure the
gentleman a recovecy.
3IXLAXCIIOLY CATAST•OPIIE.—WC have the painful duty of
recording another Instance (in addition to the many which have be-
, fore occurred) of the dress of a female taking fire • and in doing
this we hare been the more minute, in the hope that It may operate
AS a caution to females in general. A few days ago, a young person,
between fourteen and fifteen years of age, in the absence of the rest
of the family, who reside on Kingsdown in this city, whilst in tire I
set of stirring the fire, it communicated with her dress, and she was
instantly enveloped in flames ; in this state she sought asaistatee by
rushing into the street, to reach whirl, she bad to open three doors,
and to ...,escend a flight of steps in the open air ; by knocking at a
neighbour's door she brought two persona to her assistanoe, who
by laying her on•the ground eating fished the flames by mums of a
mat; hut too late to prevent her being dresadally burnt in the back
and both anus. Those of our readers who are parents may form
some idea of•ihe agonized feelings of the mother, who, on return-
ing home soon after the accident happened, found her only daughter.
a most amiably, affeetimate, and dutiful child, in the state above
described, and we regret to add, that although she has the best
tut-Meal assistance, her recovery is considered very doubtful.—Brir.

1.4 Mercury.
Acct nx):T.--A melancholy accident happened on Saturday last
in a quarry in the neighlantrhoixl of Woodside. It appears that
some persons have beer, in the pravice, when the men were off
work, cf picking out coal from a small seam which runs between
the strata of the rock, by which a quantity of blasts and top rock
wars so much undermined that they both gateway, when one man,
who was. working' near the spot, was killed, and some others ant-
row!, escaped with their lives. The unfortunate man has left a
widow and six helpless children to lament his fate. It la to be
hoped that this accident will be a warning to those who have been
so active of late in undermining this rock, without the authority of
the proprietor. _Clues rupc:r.

tAIT IiVtELLIGENCR.

COURT OP KP4O'S BENCH, TurrisaAT, JAW. S.

WILLIAMS V. MIXINGS.

Mr. WILDS opened the pleadings.
Mr. SCAULETT stated the case. It w:e an action brought by
Mr. Williams, M.P. Chairman of the Hope Assurance Company,
to recover fmm the defendant, Captain s of an East Indianian, and a
gentleman of considerable fortune, a sum of 12,0001., which the so-
ciety had lent to that gentleman. Mr. Runnings was abroad when
this money was lent. He was interested in several ships, in one of
which be set sail to the East Indies, and from which he was to
make remittances, but failed to do so. Ile left his wife and others
with a power of attorney, to act for him in his absence. It became
necessary that his agents should raise a sum of money for him in
his absence, to pay his debts; and accordingly this 12,0001. was
borrowed under an engagetne that when defendant came home he
should sign the mortgage deed. It was sent out to India to him,
for the purpose of being signed, where he not only refused then,
but also after his return. When he (Mr. ficarlett) read defend-
ant's letters, he was utterly at a loss to conceive what de-
fence Mr. Munnings could set up to this action. In the
first letter he not only recognised the money borrowed, bpi
even promised to execute the mortgage deed, and said that be
wanted some thousands more. The second letter referred to the
title deeds of defendant's estate in Essex being in the hands of the
plaintiff's, and recognising a payment in aid of the mortgage. The
defence, he understood, was, that several persona were jointly in-
terested' with built (Munnings) in the mercantile transactions, and
that they ought to pay their share of the 12,0001. as they were in-
terested in the loan, which was to pay their debts as well as his. In
a prior action brought against him, he pleaded partnership in
abatement. The matter had been before all the Judges of the Court
of King's Bench.
The Loan elllEr JLATICE observed, not before him.—(A
laugh.)
Mr.SCARLETT proceeded—Mr. :Runnings ought to be ashamed
of himself in attempting the present defence, as the money was
not borrowed for the use of his partners, but in his own r ame.
Mr.oaborn proved the execution of the mortgage deed on the
part of the agents.
Cross-examined by the Souctroa-Ggictitat —Messrs. Rothe-
ray, Burleigh, Bridges, Elmer, and Howlett and Co. were jointly
interested in a speculation to the Cape of Good Hope. Rotheray
Bridges, and Howlett were interested in seven twenty-fourths,
others in three twenty-fourths. The defendant was interested as
part owner of several shim'. before he went out; witness followed
him to the Cape. The ships' accounts were kept by Bridgeriond
Company, and Elmer and Company were receivers; before witness
left, Bridges and Co. had sold some of these ships. With regard
to Elmer and Munnings, their books were annually balanced.
Witness left England in January, 1818; defendant in February,
1815. The accounts were made up generally In August. In Au-
gust 1815, could tell how the balance was from the books. Wit-
ness assisted Mr. :Runnings in the sale of the outward investments
at the Cape by the ships 51elantho, nutrition, and the Courier.
Mr. Munnings sold all he could, and received the proceeds, with
the exception of what he remitted home. Prior to leaving the
('ape, he remitted six or seven thousand pounds; part of the goods
were left at the Cape. Mr. /Runnings did not remit the major
part of what he received at the Cape, but purchased a ship, and
went on to the Isle of France, out of the proceeds. Elmer has
failed since witness returned to England. life. M. bought this
vessel on his own account.

Witness referred to the accounts which witness brought home.
Mr. SCAR LETT said, the object of this evidence was to prove,
hat Captain Munnings had convened to his own use the proceeds
.of this partnership adventure.
Cmss-examination continued—The original cost of insurance on
the ships and cargoes was 40,0001. The value of the three ships
was about 12.0001. but witness is not conversant with the value of
ships; all this money was under the controul of Mr. Munnings.
Prior to the witness's going out Mr. Munnings had laid out cons'.
derable sums in erecting buildings for carrying on the wine trade—
probably 3,0001. The wine trade bring abandoned, these goods
were there deposited. The ‘Voodbridge was purchased on de-
fendant's own account. It was the intention of Captain Munnings
to establish the wine trade at the Cape.
. _

The LORD CHIEF JUST ICE said, he did not perceive what all
this evidence had to do with the precise state of accounts between
these parties. It was only wasting the time of the Court.
The power of attorney was then v.it in.
Mr. Ireland is a solicitor of Staple Inn ; he applied to the Hope
Insurance fur a loan of money, 12,0001. at the instance of Mrs.
Munnings, who acted as her husband's agent. The money came
to witness's hands chiefly in Exchequer Bills, which were cut in
halves, one part remaining with the witness, the other with Mr.
Rotheray. Mr. Rotheray was a director of the Hope Company..—
The division we* made, without leaving the office, in a private
room. Witness delivered up the halves of the Exchequer Bills as
they brought witness dischazges for the partnership debts of these
transactions; he settled the draft of the mortgage deed after receiv-
ing the money--received it 11th November, 1817 ; settled the draft
in 1818. Produced schedule of the debts for which witness saw the
discharges produced by Rotheray and Burleigh. Saw Mr. Mun-
nings after his return to England in Nov. 1821. These letters are
defendant's writing. Witness never had the title-deeds ; was
merely called in to advise with Illfs.Munning ; never applied to the
Hope Company fur the money—believes Butleigh applied to wit-
ness on behalf of Mrs. Munnings—there was an application fer a
further Loan which Captain Munnings wanted from the Rope
'ompatry immediately after his return—collateral bonds were given
to the Rope Company—wits witness to that deed of covenant pre-
pared by Rothersy, and executed by Mrs. Illunnings and
(Put in and teed, in which defendant, by his Attorneys, is made
a piety in his absence. The *le deeds as the estates et Defend-
ant to be deposited as a security with tha Hope Company.]
Witness proved defendant's 'hand-writing to a letter before his
return to England. alluding to the mortgage. Witness understood
that 12,0001. would cover all the debts of the concern. Afterwards
understood there was some disappointment in remittances.
M. POLLOCK 'lrak an objection to the inrolirent-deed of the
IlopeAssurance, the only name, Williams, being the Rev. H.Wil-
hams, of Cheltenham, and others, and not " Robert Williams."
The Loan CHIEF JUSTICE observed, the act did not require
the name of the Chairman to be inrolled, and it was not necessary
to
_prove him a shareholder.
The SOLICITOR-GENERAL submitted the plaintiff must he
nonsuited. Mr. Rotheray was a member of the Hope Insurance,
and a partner of defendant t the loan was to the several parties in
proportion to their individual interests.
The Loan CHIEF JUSTICE doubted, if it was sufficiently
shown the money vas borrowed for the use of the defendant.
Mr. SCARLETT referred to his letters recognising the mort-
gage; this lie submitted was a ratification of what was dune by his
attinlleTs.

Thelma) Clime Juartcr: thought the power of attorney did
not authorise them to borrow money, although the wife employed
Mr. Ireland.

Mr. SCAILETT rc-urgnl his argument. The letter of the
defendant said, " It is no use raising money on mortgage, I see
no remedy but selling all I possess, and in which Rotheray must
pay his pan. I little thought Rotheray would have suffered the
writ of outlawry ;" previous to which were the words. " I thought
the mortgage would have done all." Then his letter to the
Directors of the Hope Company, wanting more money, and pro-
mising to repay this money on condition of delivering up his title
deeds.

The Loan CI, tEr Jt• sr c E said, he would not nonsult the
plaintiff, hut give Mr. Scarlett leave to proceed.
Mr. Ireland—Wrote to Mr. :gunning!' in the a pring following
the money being borrowed, but cannot find any answer. Explained
fully every thing relating to the mortgage iu that letter. Believes
he received an answer, but cannot say to what effect.
The Loan CHIEF JI-9TICE thought there was proof here that
the letter was received. The question was, whether the copy of
that letter could be given evidence ?
Mr. SCAR LETT said he would call a Illitßelle to prove seeing the
letter in Captain Munnings's hands, and, the learned ('nun-
sel observed, a notice had been served on the defendant to pro-
duce it.

31r. SOLICITOR-Of:NEP AL said that the defendant could not
produce it, as it was tiled in the Court of Chancery.
Mr. Woodford, the defendant's attorney, proved the fact.
The LORD Cuter JUSTICE observed, it might be agreed to.
Reads copy._-1(opy read.)
The Loan CHIEF JUSTICE said, it appcaml from that let-
ter that the defendant was one of several partners, and bad pleaded
so in abatement ; he should not, however, nonsuit the plaintiff.
The SOLICITOR GEPrstaat submitted the mortgage deed set
forth thee the mom wee borrowed the skimmers according to
their several porortions or iaa0.6,01. igs as. •
The Loan Cu lEF drive ICE.—If this letter referred to himself
and others, there is no proof that he recognised this money but
as borrowed with others.
_ _

MT. SCARLETT submitted the defendant knew the money was
borrowed on his individual security, by a covenant in the mortgage
deed that he was to pay the whole, and which it was inteaded he
should execute.
The Loan CniEr Jr:arms: thought this recognition of de-
fendant's went no further than to accnowlcdge that this money
was burrowed by Rotheray, and his attorneys, fur himself and
others.
[Order of Mr. Justice Holroyd pat in, for the trial of this cause,
the defendant consenting to wave or withdraw plea in abatement.)
Some controversy hire arose as to whether that order was not
discharged.
The Loan Ctttrr JCSTICE haring overruled the objection
of the Solicitor-General, it was agreed to reserve the point ;
namely, whether the defendant was entitled to maintain the plea
in abatement
The SOLICITOR GENCRAT. *obtained the Hope Insurance
Company had received a considerable part of this money..
Mr. Berry, Secretary to the Company, proved the receipt of three
several payments, one 3,5001., by Adamson and Co., another of
1,1391. 13s. Id., by Howlett and Co., and another payment of
GOOL by Only knows from hearsay of the attorney,
under what circumstances. Knows the 3,5001. was received on ac-
count of this 12,00OL—it was paid upon certain conditions as to a
deed which was executed ; Howlett paid under the same stipula-
tion, which was to hold the title-deeds until the payment was se-
cured by Howlett. The Company are still in possession of the
title.deeda.

11r. Se T said. he should submit whether the 1,1391. wits
to bo deducted from the 12,0001.
. .

His Lotman' r said, he should decide the point of law, that the
money paid must be allowed as a reduction.
Mr. SCAILETT submitted, that these gentlemen paying this
money were no partneri of the defendant, but merely as being col-
Waal sureties under the mortgage deed.
His Loaniutr was still- of opinion the Company could not
maintain an action against co-sureties for money paid by the agents
foe Moir principaL The deed or bond to the contrary must be pro-
duced, to ass what the condition of payment was.
Mr. SCARLETT addressed the Jury, and complained that the
defendant, who had by his agents borrowed this money on the se-

turtty mentioned. should attempt to turn the company nerd b,
mixing up his partnership transactions with this loan, he
RlUsti
to execute the mortgage deed.
The Lotto CHIEF Jrsrtcs: put it to thedury, the phir,e,
could not recover more than remained unpaid. The co-suretiks
entitled, after the Company were paid, to hold the title-oletk; f;
when be pays the money, the surety has a tight to bold these c;;...,
until reins&
The Jury concurred in this opinion.
Verdict for the plaintiff—Damages, 8,00131.