The British Press; or, Morning Literary Advertiser.
London, England, 1820-01-10 00:00:00

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COMM OP VW* BENCH, ConalLU.S.,

titxne r. coLite.
This was sr. imue &tersest by the Vice•Cnate-
elite*. to try whether two hilts of "arbour, one
1,131/., the other for CSOL. drawn by a Pylon
•rmtserf Trelor, accepted by Gilpin, in Ow name of
r'e firm of Coles and Cialpin. sad endisrOed over to
•••• Plaintiff for goods, were f temed in !wiry ; and
(*fierily... whether they hail not beeu accepted by
• .lirits witliont the kart. led:. or eflll.sent of his
mho'. Odes • Mot tur.twr. the Plaintiff
I. +oaken th. 'proper eure and prreadtiun to inform
.r•-If of these fact,:
tier facto of this case, which has occupied the
ne-Chnicelliir'e 'tient ion on several ocrostuiew.have
efriewly beep fully detailed in ilia public. in the in-
41ritivinii of the cnrrion.aims of bankruptcy remove
CAIS and the tlrciri:ini of the Court
King'. Renck teutt.iy was highly important, as
Kalil to estahlioli or overturn the *vitrify of Isiah.
I.ar 66..vteissitce4 to at very large rolootit. 11w ease
eccurned upwards of slit hour., unit from the
i•sid.,,re' it apiwared that Mr. Cole.. the 1),6•11.
6411 retiitrl from business. to reside at Sooth-
e tti int'''. iittitrt 'le Galvin, who had heels in Ins service,
to'•tt ' yow.e Coles, to carry no the business of Pia-
(.4lwrd 11. Firri.ocreet. Ilene G and voting Coles
I,emone acquainted with Kinnear, of the firm of (.•try,
/Voile, and Kritiresr, and a plan was set on foot to
ra':!, money upon the acceptance, of Coles and
Galiiui, winch, Kinnear was to get discounted. A
ivrison, named Tailor, was the drawer of Inlls to
Op mutton, of between 70,0001. and 80,0014.
loin accepted them in the name of the firm, and
they were delivered to Kinnear, who was to get
!t•le.111 discounted, and have 20,0001. for his 'here
of the transient's,. 'llse Intl. were drawn in sets
fur similar sums, and of the same dates. to avoid
five aopearstice of too large an ionise of bills into
ibte market. The two bills in question, part of
tae of the sets, were delivered to a irerauu named
E•ratotr, an agr•.t. of Kintwar'e, who applied to the
Plaintiff, and represented to him that a merchant
o f the name of Le Bran, who was about to make a
c3nyigornent to Holland, was in want of some of
,he commodities in which the Plaintiff dealt, and
troiehl pay fur them with the acceptances of Cole.
and Galion. The Ploisit;ff applied at Cole, and
ailpin's to know if the hills were good; saw Gal.
and on his raying they were, he without '
!pity, of Mr. Coles, or ever seeing Mr. Le Brun, '
who it appeared was an old clothesmati, sometimes
going by the name of Josephs, and lodging in a
aplendid aprotineut at the east end of the town,
took the acceptances. and delivered the goods. which
Were then taken sway from the Plaintiff's house
tai Cart, under the Pappriiitetidence of Lewis Levy,
conveyed to Kinneer's warehouse in Suffolk-lane.
and from titmice traced to the Custom-house Quay,
Where they disappeared. The bill trausaction hay-
itcg reached the ears of Mr. Coles. at Southampton.
hecarre alarmed ; a commission of bankruptcy
against Coles and Gilpin was the result. to which
CJinroission Galina never appeared. having vb.
econded to America. The Plaintiff attended to
prove as a creditor upon these bills,
.but they were
rut allowed, on the plea of their having been cots-
certocl in usury between Gilpin and Knower, and
prevent action was brought to try that question.
The Cuirr -13TICE proceeded to sum up the
case for the Jury. Haring shortly stated the notate
. a.l the action. he observed, that two questions were
theessted for their consideration. The first was,
whether these hills had been framed for the purposes
of usury ; if so. in whomsoever hands they natglit
Le, thee became vitiated. and their amount could
of be r rid is. point of law. The Defendant,
would, consequently, be entitled to • verdict. An..
t 'her question was this, that these bill,. which had
tree accepted in the mime of the partnership by
had not. in fact, been accepted for any
catisolerstion, applying itself to the two partners.
A further gionod urged on the part of the Des.
lesidants *ma. thst the circumstances attending this
tnitssaction were such, that Mr. Dixon either knew,
ought to have known, that these acceptances had
teen gives, lay Gilpin iii the name of himself and
pettier, without his partner'. knowledge. Jr this
j.ropu,iiiem was established satisfactorily, and that
circumstances were, in point of fact, such as to
• row • doubt in the mind of a reasonable man. then
Coo, ou that ground. the Defendants would be eta.
titled tis a verdict. Di, Lordship then stated to the
.• mi. in a clear and perspicuous manner, the eve-
s:sacs as it oliplied to each question separately.
:fte cotninenced with adverting to the question of
nasty, and read the evidence of Climb. Coles. It
Gad been truly remarked-, he said. that the conduct
. •cf thievish:lg man had been abet disgraceful. and
• the Jury would view Isis testimony with treat jest.
4ousy ; but still. if they coosidered him ratified to
Leber, mid that the circumstances which he detailed
ewe roundest in truth. then the charged usary-was
complete. Ilia Lordship next read the evidence
teeth for the Plaintiff and Defendauts. on the other
• 4.101ut, as to %theme, these hills stele the acceptances
• of one partner without the consent of the other, mid
- as to whether Mr. Dixon dad not know, or ought
• isit to have known that fact, and then left the Jury
is form their own conclusion. upon the whole truss.
action.
The Jou. after a short deliberation, found a see.
diet for the Defendants..
Mr. Kinnear was is attendance to be examined.
lie was in the custody of an offerer. having been
brought from Coldbath.fields. The S•slicitor-Ge-
rent declosed eitassiiitiog lure, first, me the ground
that-lie did not wish to raise the question as to the
odigivsibillty of his evidence ; and. secondly, be-
. c save be thought Isis case was stlicieutly strong
is • thong -Lim.

• 11 person named Rogers. of Stretton Heigh. wee
14.1 week examined before the Hon. THOMAS
4#11,011. on suspicion of having been concerned is
the murder of IslroPtcosioco. over 011eretry. four
terra aim. it appears. that niters bah said.' he
*resold get a person harigeta if be thought proper."
‘Vbea dressed by • witaem with boviog prououoced
Mai swords be replied. I, the desit bewitched hint
SO soetite.bioostrate permed the in.
yedry with rest seutossos sod diligence. but It..
pea was Isallt liberated. .