The National Register.
London, England, 1808-12-11 00:00:00

'TIDE NATIONAL REGISTER.

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sic of that agreement, with the fraudulent breach of whirl, he
t,:as now charged. Be would admit, by that agreement, he
wasemplosed merely as an agent, at a stipulated commission,
and that he was bound to. deliver in hills of parcels from the
parties he dealt with, as vouchers for the purcha::: .. he wade on
the Barrack account; and he would ask if it was !i -ly , ttficr
four s-ears of honourable conduct, diligent and fuitlifol in the
discharge of his duty, and accurate and punctual in his accounts
he should' all at once deviate front that line of propriety, and
be guilty of a fraudulent breach in the execution of his roii-
tract. Mr. Dallas again remarked on the shameful preju-
dices that bud been raised agaiii4 the. Defendant. and the
calumnies circulated to prevent him obtaiiiine a fair trial ;
which, instead of being diminished, he said had been in-
creased, as the hour of trial approached. Ale did tint al-
lude to the Reports of the commissioners• w Itich had found
their way to the Public, but the unauthorised calumnies and
abuse daily and hourly vented in publications, calculated
to injure the defendant in the public estimation: and as they
were false and scandalous, he hoped the .1 cry, should they have
seen them, would dismiss them from their consideration. Af-
ter a variety of • other topics, the Learned Counsel came more
immediately to his client's defence, which he said would prove a
complete answer to the charge preferred against hint I—Be-
tween the years 1795 and 98, Gen. Delaney found considera-
ble difficulty to obtain supplies from the merchants, and know-
ing that, by the first agreement, Mr. Davison was prohibited
from fruuishing supplies- from his own stores, entered into a
fresh agreement with him, and, to benefit the public service,
agreed that that stipulation should he done away, and that he
should be allowed to furnish the supplies himself. The second
agreement was therefore let in upon the first, the restrictive clause
was done away, and the defendant was authorised to become a
.seller, as well asan agent, so that as soon as he should prove
the fart, there would be an end to the allegation of the defen-
dant's having clandestinely furnished supplies from his ow n stores.
As to the circumstance of making the hills of parcels out in the
names of his two clerks, it was a mere formality to do aa ay the
singularity that would otherwise have happened, namely, that
of appearing as the seller to, and the purchaser for. the Bar-
rack Department upon the same instrument. As to the ciao-
mission, it was charged inadvertently, and when he discovered
the error, had endeavoured all in his power to get hack the
accounts from the office to correct them, but they were pa-ve!,
and the thing impracticable.
General Delaney was then called, who admitted th;:t he at,:,ree i
to the defendant's furnishing the supplies from his is w a store,,
but not to his charging commision upon them. Had he done so.
lie should have considered himselfas guilty dun:ay.:lit breach of
his duty to the public. He never knew the commission was
charged, though he bad no doubt Mr. Davison might have laid
a case on that head before the Barrack Board, that would have
called cor consideration.
Mr. Bow ring proved that the defendant wished to correct some
inaccuracies in his accounts delivered into the Ilarrack Board,
bat they were passed, and he was recominendeel to do it in a so p •
plemental account. lie also accounted for the substitution of
the names of Watson and Allen in a manner s,iinilar to that which
Mr. Dallas stated in his speech.
Mr. Stainhatick, of the Barrack Office, also proved that an•
application was made by the defendant to get back his accounts
to correct some inaccuracies, and th.it he was told he must do it
by a supplemental acct ttttt t.
The Attorney-General made an able reply, insisting that the
defence had rontritalied to substantiate the fraud. The nowt o-
racles the Defendant vs i.hed to correct were not relative to the
commission, they respected other eiTors in his accounts.
Lord Ellenborotigh summed up with great accuracy arid pre-
ei-ion ; lie observed with strong emphasis upon the fain icaia..;
of th,.- bills of parcels and the receipts, and said it seldom ti:: •
pelled that deceit was necessary to produce ao houourable or
honest put posz.
The Jury, after consulting for some time, found the defeedarit
Guilty. The trial lasted from 9in the moroieg till 7at night.

DIED.
At Edinhorgii, on the 23d ult. Gilbert Meaion, EN. of Nom-
dun, aged S 3.
Uu tbe Sit init. at Bcdgebury, Kent, the Right Ilex. Lally
Forrester.
At Edinburh, on tile ?.:1 inst. Mr.:. 7./ onypcnoy, wee of David
Mouypenny, Of Pitioilly, advocate.
Lately, at nuodee, rd toe ad v....uicett age of ye:m,, '
Dick, Collect,ir ot* the Window and iluttie Duty.

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