The Sun.
London, England, 1808-07-28 00:00:00

Mr. Barker proved the hand writing of Turner
4o the:atlidavit, and' described him as-a Qaptain in
the East London .and-as Jiving at ITOxford
like a man of fOrtnne. • He knew Wilson, who-had
been highly respeeted at the place, and had heard
Of-Lis being engaged in other transaCtions' besides
his business of Surgeon and Apothecary, but was
not aware of what nature these we're.

Mr, Pearson, the Attorney, who had been con,
cerned for -Mr. Wilsim in the Supersedeas, proved
the circumstances as Stated by the 'counsel. He
had known Mr. Wilson long, and had heard of his
having been engaged in Commercial. speculations.
Being asked by Mr. Serjeant Sit Ern Eta), whether,he
knew One.Hainilton, he said, he did not, but 'Alp,
posed the Learned Serjeant alluded to the van who
had been conneeted with, Sir Home Pophaiii. •
Mr. Serjeant SHEPHERD, for the Refendant,
stated, that the Plaintiff had been engaged in smug,
Ong tranSaCtiOns with Johnson, the smnggler-7
that in their joint capacity they had obtained a .quan=
tity of bark from Messrs. Sharpe and Kirk, drug.:
gists,. to 'supply our artily in Holland, in I 70,--that
a bill of exchange had been giVen to the druggists
for. this bark—that they had arrested >Johnson upon
it—that .Turner had become bail for John Son, and.
had been obliged to pay—and that he consequently
conceived that he had a right to sue:Wilson, as- the
partner of Johnson. There was, tberefetye,' proba-
ble ground for the arrest, and his Client would be
entitled in a verdkt. •

. Mr. Thomas Johnson was the principal witness for'
the Defendant. He stated, that the Plaintiff and
himself had been partners, but that there-was -no
regular deed of partneship, as this was not customary
_among smugglers: He proved tti hand-writing Arf-
the Plaintiff in a letter, ‘khere thelatter deplored the
distress and anxiety of mind to which Ake had been
subje6ted, and expressed his resolution to dissolve
the partnership. The witness at than time wen(by'
the name of Hamilton. \tie and Wilson had been
concerned together in supplying different things, to
our army in Holland; and the' bark in question
amongst the rest. He then deposed to the circiun-
stances of his- ownarrest, as stated by the Learned
Counsel. On his cross-examination,
.he admitted,
.that he had heard of the intention of ,Wilson to Sue
him for three thousand, pounds and that he and
Turner had conferred Cogetlier a day or two,before
arresting the PHutir, and had emplOyed the same
Attorney:
Mr. Kirk, the .druggist, :;tated, that he and his
partners had supplied Wilson -with the .bark in
question, to the amonnt of 3361. for Which they re-
ceived a bill on Johnson, I,Vhorri they arrested, and
afterwards his bail: Their Attorney provedlisltrv-
ing received 4981. ps'the w hole amount of the. debt
and Oats.'

Mr. Serjeant Cocrui.t. contended that there was
no probable ground inlateVer for the arrest.; `that
Turner had never had any t,hing to4o with Wilson,
having only become bail for 'Johnson, from- whose
representation he, had 16rnt.alt- he kneW about the
Plaintiff.. This was evidently „a conspiracy between
Johnson and Turner to force Wilson to release his
claims against the former. It was,
sbesides, mani-
fest perjury on 'the part of Turner, who had sworn
to a debt of 7211. whereas; even upOit the pretence
which had been set up, it was only 4981.
Chief Just ice MANSFIELD assented to the preposi-
tion, that there was no probable ground for the ar-
rest, and that fhere was some evidence even of a
malicious conspiracy. The question of 6mages
.he
left to the Jury.
The Jury, after consulting together a fel., minutes,
found for the Plaintiff--Damages fOO.Ol.
There is artother aaiori depending by the sante
Plaintiff against Johnson.

DUBLIN, JULY 21.

COURT OF KING's BENCH, iut.Y tg.
THE aDVERNORS AND COMPANY OF THE RANK OF

IRELAND, V. HENRY. MALONE.

Mr. GREENE opened the pleadings, by saying,
in substance, this was an a&ion to recover from the
Defendant,. who was a Clerk in the Bank of Ireland,
the amount of his bond . for the due performance
of. his duty, in the situation be filled, having for.
felted tire sum by which he was bound, through a
series of mal-practices; and absconding from the ser-
vice of his employers. .To this the Defendant put
in two pleas,•the one, non est faethm, or that he did
-not pass the alledged bond, and the other, if he did,
that he was at nonage at the time of perfe&ing
-Both issues-were joined. ,

The SOLICITOR-GENERAL stated briefly a few
leading circumstances, which referred to a forme'
transaction, on which the Defendant was criminally
prosecuted. The Defendant had the good.fortune
to have been acquitted on that. trial, or, at least,
through the clemency of- the laws, to have escaped
capital punishment.. But. as the Governors'of the
Bunk of Ireland did not, through that acquittal,
-feel themselves recompenced for' the alledged de-
falcation in their funds, and the presumed embez-
- zle.ment of near 54001. by the Defendant, while in,
their service,. and .a precipitant elopement in con-
sequence, Without any attempt-to account for his
conduCt, they, in. justice to themselves, and to hold
out salutary example, in the way of civil. punish
meat, to the .community, but particularly to the
numerous confidential persons whom they must of
necessity employ, were induced to bring this ac-
tion to recover-the penalty by which the Defendant
.had' bound himself to act with the stritest inte-,
grity in the department allotted to .him, and with
unqualified attention to the interest of, his employ-'
ers. However, he. thought proper to put in th 6
plea of •minority against the ordinary proceeding to,
enforce the penaly in his .bond, or that he was, in
the language of the law, an . infaht under the ago
of 21 years, when he executed-the bond, if exe-
cuted at all.

The SOLICITOR delicately said, that hevould not
trespass on the time of the Court, by animadvert-
ing .on the nature of the tndral principle ,which
guided the Defendant . in this uncommon species of
defence. True it was, that his clients, from the
recommendations of the young inan at entering
their service, and '2 securities, with which they, at
that period, conceived they had sufficient reason to
satisfied, were not scrupulously exad about in-
quiring ling his age, and therefdre the proof of that

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