The British Press; or, Morning Literary Advertiser.
London, England, 1820-07-29 00:00:00

SOUTH AMERICA !

This day is published, containing View, of Rio de la Bache,
Porto MIK Aux Cayes, and Kingston; Portraits of
M'Gregor, Bolivar, Marirone, and Miranda; •nd a Map,
io wogsclegast volume, Aro. price 14s.
AESIOI RS of GREGOR NI.GREGOR.
and the other Chieftains ; incluitiug Narratives of
all their Expeditions, and New Views of the Commerce
of South America.

fly Colonel RAFTER.
Printed far J. J.Sioektiale, 41, Pall mall.
Alen, uniform with the above, one volume, and 21 Cult,
price 12.. DAI. RIO no CHESS. Tramlattd froiw the
Italian, by T. S. Ringharn, Esq.

THE VINDLEY LIBRARY AND AUTOGRAPHS.
TO BE SOLD BY AUCTION,
-By MR. EVANS,
At his IlciPoe,Np. 9G, Pall. mall, on WEDNESDAY NEXT
_August
2, and five following dam

TIIE Fourth mud Concluding I' A !IT of the
curious and extensive LIBRARY of the late JAMES
BINDLEY. Eaq ; containing a singular assemblage of are
old Poetry, Tarrant", curious Tracts and Rarities in every
Depni unto of Literature; 111stl his very carious and value.
ble Culiection or Autographs.

BURGESS' ESSENCE OF ANCHOVIES
Wareltrouse, 107, !brawl, curlier of the Savursteps •
Loudon.
TOIIN 13r RGESS and SON being apprised
B .1 gill' numerous eglireSlMUlrl made by many persons to
insp.., a spurious solcie for their tiatke, feel it incumbent
ottott ito m to rrquir.l the stlenlioss of the Public, in pm,
dosing VIII del courtly.: to be the Original, to ohscrve the
Name mid Adders., curresnusods with the above—the general
appearance of the sporious dries. i pitons will deceive the un-
guarded, and for their delectiou, J. B. and Sun submit the
fulloning Cautions some are in appearance at first sight
" The Genuine," but without any Name or Address--some
" Etiegess's Essence of Atichuvies"—athers " Burgles"-
41141 rttaua m.re without Address.
JOHN BURGESS and SON hiving been rainy years
huoittistl stilt such distinguished approbstiust, feel every
,entimt lit of teem ct towards the Public, and earnestly sot
heti them to inspect the Labels previous In purchasing what
'tory conceive lie he of thee make, which they hope will pre-
s sot many dtsappoiotosents.
BU RG ESS' SAUCE. fur general purposes, having
given curls great satisfaction, continues to be prepared by
Itwnt, and is reconmeoded as a must usedl sod commies,
..ore--wilt keep good is all chemists'.
irehouwe, 107, Strand, anoer of the Savoy-steps, Len-
d.na,—(ll.l.. Original Fab Sauce Warehouse.)

In our last, in the Spalding Sessions' news, we
gave an account of the conviction of, and sentence
on, several labourers in husbandry. for riots in the
perish of Crowland, and promised something
farther on the nature of those riots. Not having
WPM present et the trials, we are but imperfectly
informed of what came out in evidence; but we
under+t!siiilthat on three several days the persons
indicted, together with * large body of other indi-
vidual., women as well as men, with drums and
tiles, on some of the dap., commenced a fu-
rious attack on the Irish labourers in that part,
and, armed with pitch-forks and other implements
of husbandry, very ill treated such labourers. far
the purpose of driving them from the business they
were engaged in, and of intimidating them. and
others of the same country, from again engaging
here in the like occupations. They also made a
very outrageous assault on the house of a poor man
who lets lodgings to Irish labourers, breaking the
windows, &c. and endeavouring to force an entrance
in order to search for such lodgers; and, behaved io
a most disorderly way to Mr. Casswell, of Crow.
land, threatening his life and property, if he did
not dismiss the Irishmen. or if he ever again gave
employment to Irish labovers ; but, we are glad
to soy, that Mr. Cogswell did not yield to the
threats held out. Iris very much to he lamented,
that persons can be so little regardful of the rights
of others, as to endeavour to deprive them of the
chance of getting • livelihood by honest industry ;
an Irishman, who comes to this country. being as
much entitled to offer his services for any employ.
ment as an Englishman is, and the law will pro.
tect him no less than a native. and punish any in.
friogement of his rights with full as much rigour as
the violation of the rights of an Englishman. In
this age, when we hear so much talk shout the
rights of man. we might expect those rights to be
held more sacred, and that pour, defencelea, peace.
able men, such as the Irish labourers are almost
universally found to be, should experience favour
and protec • rather than insult and outrage. We
hope, however, to hear no more of attempts to
drive them from their lawful occupations; but that
the severe examples made of the rioters at Crow-
land will operate as a sufficient warning, not only
in that neighbourhood. but in many other parts of
the country, against any similar disgraceful cons
duct—conduct more becoming savage life than ci-
vilized society. and exceedingly unbecoming in fe-
males.—(Boston Gazette.)

IRELAND.

COURT OF EXCHEQUER, Dumas, Jinx 24.

Trial at Nisi Prins, before the Right Hon. the
LORD CHIEF BARON, and the following Special
Jury:—
Alderman Sl'Kenny, I halo Pepper' Esq.
Slnxitam, John O'Neill, Esq.
Abbott, r booms Sherlock, Esq.
-- Tyndall, Peter Foster FAq.
John Duncan, Esq. John Astir, 'Esq.
Nicholas Fontein, Esq. L.Crosthwaile,juo. Esq.
MICHAEL BRIAN, ASSIGNEE OF EDMOND SMYTH,

BANKRUPT, v. Wit. lIALIDAY.
Mr. IVl'Doudat.t. opened the pleadings. It was
an action of trover. Damages laid at 5,000/.
Mr. Dattcot. stated the case. 'fbi, was. he
said, an action of trover, for the value of house.
hold furniture, and other property, sold at auction
by Defendant, at bankrupt's house in Merrion-
square. He would mention a preliminary matter,
in order to bring the case fully before the Jury.
The bankrupt wee in possession of estates amount:
ing to above 3,0001. a year, and he on his marriage
made himself tenant fur life. He became agent to
the Estl of Ormonde, and emaciated with company
that brought I • into considerable expense, by
which his affairs were going to ruin. He had pre-
viously known the Defendant, Mr. Holiday. with
whom he hail some money transactions, and they
being front the same country (Carrick-ost.Sui.), lie
was induced by his professions of friendship to let
hint into the knowledge of his' emb mesas,
This drew from the Defendant an offer of his ser-
vices, who said if the assistance of a few thousands,
which he-then had lying by, could extricate Inm,
he would with pleasure accommodate him, and iii
susy oilirr w'ay render hint his best services. .An
agency was proposed, and accepted by Defendant
Stolidity. who promised to take Sinyth's estate to
curse. and make his rents available to his most
pirating debts. Smyth proposed an advance of
4.0001., which Defendant agreed to, and a mort-
gage fur that sum was directed to be prepared.
witty a power of attorney In Holiday. to act as
Stnyth's agent. The mortgage was perfected and
the money advanced by Defendant, on the Ist of
October, !UM Smyth bonded Defendant his rent-
roll, with a list of arrears due by his tensing,
amounting to near 5,000/. In Felsruary following
Defendant advised and urged Smyth to go reside
iu France, and as it became nrcesiemy, under pre.
scut arrangenzerOile.!enninniee in every possible
way, if he vioulA,,he vatislied to love on sit allow.
Noce of 5 or 600/. a year. the Defendishi. Ileliday,
had promised to give him a credit on e
hou.e in Loitilou. to supply him regularly with
that slim. This arrangement being agreed to. and
entered otS, the Defendant prevailed ou Smyth to
fill bonds to a Mr. Culclough and others to the

Affidavit of a debt of Mt read.
James Magrath, examined by Mr. WALLACE.—
Lived as coachman with the bankrupt Smyth for
three years; left his service on his going to France;
witness occasionally attended calls at the door, when
the footman or other servants were absent ; several
persona called to whom money was due, and was
directed by bie master to say Is. w■e not at home ;
Coghlan, a hay-factor, to whom about 2.51. was
,due, called for payment. and his master directed
he should be denied to him ; winless was paid his
wager, and got his discharge from Mr. Holiday.
after the aisle of the furniture at Merrion-square, in
March, 1815._

Cross-examined by Mr. GOOLD.—.Mr. Smyth
asw a good deal of compauy ; lie kept • coach, a
curricle, many servants. and horses, and- drove
with ont.riders; has been sent, when in Callan,
from Mr. Smyth's house there with messages to
the brewery ; it did lint occur to witness, while at
Merrion-square, that his muter was • brewer; does
not recollect driving him to Daly'. or Kildare
Club-house.
William fiesta,. examined by 'Mr. LaiDouoat.e.
—Knows Mr. Edmond Smyth; knew hint bang be-
fore 1815; is his near relation; was at Mr. Smyth's
house when a person of the name of Purcell called ;
it was at the stable-yard ; Purcell Cynic in and
asked to see Mr. Smyth ; he was desired by Smyth
to say he was not at home ; he went very shortly
after that to France.
Cross-examined by Mr. Ban Is mr. --Purcell
came in At the back gate ; it was in 1815 he called r
had several converstnions with Mr.Haliday since,

with whom he lived for a year as clerk, hut never
told him 6.f this circumstance, nor did he recol-

lect any thing about it, until Mr. Smyth reminded
him of it lately.
Mr. BEnNerr—l believe. Sir, lie rather put
you up Co it.—lt was Smyth told witness that the
man's 111.1111 e was Purcell ; he came to Mr. limb-
day's office often ►ince to dou►vnd payment of Mr.
Sinyth's bill ; knows Michael Coratick. the peti-
tioning creditor; knows nothing of in. debt ; wit.
nen knows of Mr. Holiday getting the wine is
,myth's cellar ;' about three or four hundred but.
ties. which he knows Mr. Holiday gave credit for
in his account.

Alderman Tyndall, examined as to the value of
the wine.
Mr. GOOLD stated Defendant's case—He stated,
his client, a mall of great respectability and union•
peached character, who, for near forty years, has ,
resided in this city, has now the misfortune of lose.
ing a great porno's of his property, the fruits of
long industry, in jeopardy. through his desliogs
with Smuyth, which have been productive of heart.
breakiugs and misery to his ill-fated client. Mr.
Smyth, to all who had seem or known him fur the
last ten years, had not the least appearance of a
man in trade, or been ever connected in holmium.
To Mr. Haliday lie appeared as • man milked in
the drat circle amid mixing with a most fashicouabk
society, and posseming a large fortune ; he lived in-
house in Merrion-equsre, kept a variety of car•
riage., a large establishineut of servants, and with
incorrigible vainly drove through the streets with
out-riders, amid was a member of the differeut
fashionable clubs of our city.: This pageantry did
not skew much the appearance 6f • trader Or MD
of business. In an evil hour lie applied to Mr.
Halulay, knowing his being from the same traatry.
WI that lie bad several hind agencies; he amend
Mil laid.' of upwards of 3,3001. a year ; Ito whaled
his accepting his agency, with an offer of *W. a
tem fra ansiductiag it, bat stated, he "wad 'require

en immediate advance of 4,000/. to slower some
itumedisite payments be wished to make. Mr.
Smyth now hears me, be is in Court. and having gut
his certificate. can give evidence. I call on him to
mild forward and contradict one word of throe
riat ... It is not so easy a matter to raise money B 4
many people may think or imagine. He stotedJo
Haliday that lie used 80001. and Haliday, without
much consideration. agreed to advance I 4.000/.
A mortgage was prepared by Mr. Ilan. IlalidWa
Solicitor. and the money was immediately paid
dowel. Smyth, on eigning the deed, requested it
might not be-immediately registered, as it might
make his creditors call in their bond-debts, amid
in consequence the deed of mortgage was not
registered unlit the month of February. follow-
ing. Smyth. not satisfied with grinding to the
earth his client. Holiday, attempts to draw hick
money from him, which shall be proved bas
been already paid for his use, and for the support
of Smyth and family while on the Continent; lei
rental. which lie represented as 3,5001 never pro-
duced half that amount; and his debts, stated
at 8,000/. are near 60,000/. If this was not the
rate. surely Smyth ought to have been relieved by
4,0001. advanced him by Mr. Ilisliday. Smyth sus-
pecting his real sitwition would be soon known to
Holiday, told him, as matters were now settled on the
Continent, he intended to retire there for some
lime ; that by it he would be able to live at a fourth
the expense, and by such savings would ere long
pay off hia reinai ii ii ig debts. To carry this into
effect. he told Halide), he would require his further
assistance. but to accomplish it he-would place
funds in his hands, by the sale of his furniture,
&c. in Merrion-sqoare. Ile then stated, he would
require 200/. to equip himself and wife, 500/. foe
payment to he made litre before Ile left the coue-
try, and a credit from Mr. Holiday to a banking-
hititse in London to pay him 600/. a year for his
support on the Continent. Smyth never hinted to
Haliday he was ut any times trader, nor did lie ap-
pear to any person but as U Min of large fortune.
Smyth, on being promised by Haliday the neer.-
sary supplies of money to enable him to retire to
the Continent, give a general power of attorney,
to act for him iu his absence, and observed, that
while away. some timid creditor might be pressing
fur his money, and proposed to sign bands, in be
placed with Haliday, to be by him used if necesta-
ry ; Sir S. Romilly's Act protected the executims.
Mr. Smyth. who professes to be a man of honour
sod fashion, adopts this plan for •the purpose of
benefiting his creditors ; it is conceived by Smyth
himself, and. at lair request, carried into effect
by Mr. Ilanday. Who can justify this man, who,
in three mouths after i(etting a sum of 4,000/.
mentions his plans to his agent, and then brings
forward those letters before the public which wee
written in strict confidence, and ought to have
been held iii the bosom of honour and friendship ?
Such conduct is horrible, and recreant from the
principles of honour, humanity, or justice. After
the large advances made by Holiday to Smyth, it
will be proved to you he went to Mr. Hall. with
tears in his ryes, entreating him to use his influence
with Holiday to advance him a further sum of
500/, and stated to him he would deposit with him
his plate, as security fog-the repayment. Hall +re-
wailed on Haliday to do so, and the money was paid
to Smyth, in his pretence, by Holiday. Mr. Smyth
is now before me, and L call on him to deny these
facto ; I dare him to do so. Matters went on, and
my client continued to pay different other sums, as
required by Smyth, out of the proceeds of the auc-
tion. Mr. Mahon issued an execution on his judg-
mesa debt, and in order to put Mahon at rest,
Holiday paid him above 300/. What interest could
Holiday have 1- An employer desires his agent to
sell his furniture, who has not the slightest know-
ledge of his being a trader; the furniture is sold,
cud the proceeds howled over to the creditors. Is
it justice to ask him to pay it over again ? Holiday,
corresponding in the most confidential manner with
Smyth, while in France, he could not he so disho-
nourable as to turn the tables on Smyth, by pro-
ducing his extraordinary letters; but lie (Mr.
Gould ) must give some extracts from a few of them,
as folluwa:—
" Merrion•square, 10th February, 1815.
" Mn DEMI HALIDAY—When I am gone to France the
devised, ou you may be great ; you must be prepared for
much snuoyance; indeed it is what few would undertake
but yoursell; bet if I return, it will be to offer you my an.
ballasted gratitude; and fur these kited sclirof pines, 1 trust
you will be repaid tenfold by Divine Providence.
" Yours unalterably, " ED. SMYTH."
" London, Feb. 181 b, ISIS.
"MT DtAll HALIDATWe have arrived thus far. Your
letter of credit and introdvetion of me to the bottle of Messer.
Bell and Higginsoii, was received with the unneast civility
and kindness, and would do any thing in consequence that I
would ask.—Your'sf.ever, " ED. SMITTIV."
" Dieppe, Feb. 25th, 1815.
" MT DEAR HALIDAT—Os recollection, should the Rood
11 left you for 1,0004 which I perfected at Hall's before 1 left
Dublin, be not sufficient to cover the furaitare against
Mallon, I metope you a blank Bead, which yea cam get Ailed
up is any other name, sad have an execution on ii lodged
with the Sheriff, if you see mecessary. This will effectually
abut out Malmo, or attachments, should they appear.
" Your's, " E. S."
" Department Muir* sad Loire,
June 4, 1815.
" MT DWI HALIDAT..4 can but simply offer you my
thanks, and s. Heavies ney prayers, that you may be re-
quited for your humane and benevolent acts of disposition
mew& me, who hove been neglected by all but you.
"Old ally best friend, ray guardian angel seat you to my
Mac aid with the Anterior( Mad of good asnere and good
hdlas you Wiped we oat of the gulf—you have composed
ag bounsed ailed—yea hove abundantly provided for my
weato,.by the ample great you prepared for me at Bell sad
liataimpa's, Loma's.
Ilse receipt of Wimp frees Ireland conveyiag
figural whales; bete/try hoe of yours Bros with add-
mod used salmi
*Toe stashed aileasiee lo get smelt tiouteose prices her the
beeituto•44ll4 Net Teliall oat say Mug like so mach as
tbeatectio• newpoosal
°I reolloolliaomaur yew have whim to roe ea my af-
fairs, or aitobly swim of the settlement you concluded
wish
a ImMooll, 4 heel friend, years isaaltershly,
iw
Ille. GOOLD was idiom semlies fin*, WM%

from these fetters. but Hung them a goy in
—Smyth desired Holiday to write letters that I,e
might *hex to his wife. fur the purpose of conceal.
ing from her his real situation. Smyth Warned 1,
Ireland in the year 1816. end oinesedialtry . •
I alidae, to wl om lie expressed the same feel,, v•
grstitude as in his letter. which have hoes josh .• 'l.
In his conversing with Haliday on the out fr r. "
Awe of his affairs, he stated there ass 011' dr t•t
he owed which gave him more trouble tiisp t •s,
rest ; it was to hie brother-in-law, a Mr: Miter.
trot lie wished to ware him in that debt, ab t
500/. otherwise, he knew he ',mild lase Ina
ship, to itreeeut which, he requested sot;; I
let him have the plate. that he might give it to
Mr.- Maher. No. said Holiday. I must he rectified ;
I got it from yon as security fur my cash *dm cee,
sold it must so remain until there advances are paid.
Serve a man for forty years, and if you deny him a
favour after, he heroines your mortal
lie then tamed on Holiday, and *sire he, tt. I
must get el white-washing commission." Ile the.,
gets a peison to swear a debt against bon. he whir
all Its judgment creditors are levelled, mod have it.,
more security or priority than any •imple contract
creditor. Ile appealed to the good judgment of an •
enlightened Jury, if they could suppose a ms•.
havirt.4 a judgment debt of 1,0001. affecting Siny th'•
estate, and almost the limit claim tot on_ it. would
give it up to run the chalice of not getting one
penny in the pound. if he were not paid by • side
wind. Those white-washing commissions bare been
tie ruin- of many an honest merchant and trader.
Let the opposite party stand up and 611 the J u,y.
why a jail...ment creditor would conic forward and
issue a commission of bankruptcy against S.n.t 1.1•.
when he hail his estate to look to ? lie called na
the Jury to protect an honest and respectable rit;..
eel,. tig..iiist the machinations of this 1111111 of
who now wants to mulct the Defendant ; but he
trusted the good sense' of that eoligbieit.d J ore
he atfilrcried would tint suffer him to be Site VICIIiii
of such a designing man.
~l'illlam 11,11, examined by Mr. lIERAND.-1+
an attorney ; knows Mr. Holiday and Mr. Smyth ;
was attorney to Mr. Holiday in October, 1814;
knows there was a loan of 4.0001. given by
day to Smyth ; witness prepared a deer, of nw-
gage for that awn; Smyth handed witness b•tarciic.l
which lie had made; saw lulls of Sinyth'• in th.•
hands of Thomas Thorpe Prank, for 1,0001. psi I
by liability, who never cousulted witness with his
transactions with Smyth until he gave him direc-
tions to prepare the mortgage ; Mr. Smyth handed
ono's, 101. to by stamps; saw Sruyoli's reload •
furnished by him ; it was about 3,500/. a year
S.nyth pointed out in the searches those persons
who were friendly ; witness calculate-I from Sinyttia
mentioning his owing only about 8,0001. Ilia debits
would be paid off. and might return its about three
years; Cormick, a creditor, was in the list; wit-
nese imagined Sm 3 tit to be a gentleman of fortune,
residing in Merriou-square ; never could form au
idea lie ever was a brewer or tanner. Smyth yea
quested Mr. Holiday would not register the deed
or mortgage for some time, which Holiday agreed
to ; it was more titan a year after this witness disc
covered the enormous debt due by Smyth ; the day
before Smyth sailed for France he applied to wit-
ness to advance him • few hundreds, as I•e had then
but 400/. after paying some debts; spoke to Hull.
day, who made strong objections. having advanced
so much before ; raw Smyth sooreafter, who said he
give his plate to Holiday as security for the sum
lie required; witnesinold Holiday he thought he
would be perfectly secure in advancing 4 or 5001.
on the security he held; attended one or two meet-
ings of Smyth's creditors about o yeseafteri-loll-
day advanced his money ; Smyth said that Cur-
'nick, who was afterwards the petitioning creditor.
would not press, and that he was a reissue vat
would be friendly.
William Hearn, examined by Mr. GOOLD.
Witness is a near relation to Mr. Saiyth; Micnael
Cormick was to snake an affidavit; Smyth klieg if
it ; believed Sinyth wished the affidavit to be made
to ground the commission; went to Kilkenny for a
Mr. Welsh, • proctor, by Smyth's directions, and
brought to Callan to take M'Cormick's atinda-
vit ; Brien, the assignee, was Smyth% clerk:
Mr. WALLACK spoke to evidence. Thert were
various law points argued*, and relied on by Coisusel
at both ride.. - • •
The CHIEF BARON charged the Jury. He said,
in his charge he would let the carte go unetscom-
berad to the Jury; they must be the best judges
of its merits ; to men of their intelligence, it would
be a waste of the public time to go at length into
a charge. If they believed the commission of
bankruptcy which issued was not a collusive one,
they would be bound to 6nd a verdict for the Plain-
tiff ; but if they believed the evidence of Heart..
• relative of the bankrupt's, he thought thpy
could have no doubt (at least he had none) that 6.1
commission was issued collusively, and at the de-
sire of the bahkropt, they ought to hod fur the
Defendant. They would also bear in mind the
circumstance of the•petitiooing creditor giving ii..
his judgment 011 the bankrupt's estate, to run ti
risk of a dividend in common with other creditors
it was also rentarkable.that Hearst, who attended
at the former trial at Kilkenuy. where the issue
was directed by the Chancellor to be tried, *as,
although preaesit, not examined; Ird be been art.
the verdict would have been a contrary one to what
it had been. Under all these circumstaioes he le k
the case entirely to the Jury.
The Jury called for the bankrupt's file of depti.-
anions. cud retired—and after some time inAelibac..
ratiou, returned a verdict for list Delcadaat, with
6d. costs.
On the verdict beteg asureaaced it hitt tteliene.
rat approbation of a creedal Gam
Counsel fin, the Plinatif.—Yeurs. Mascot,.
WALLACC, 1114DOV•ALL, wed O'Conaltat...4.,
Agent. HOBS= Jcinus,yetordtteet.
Counsel tar tot Dshooisst--*asets. Goeut,