The Sun.
London, England, 1806-11-15 00:00:00

Sir-JAMES MANsrJELD agreed ,with the Learned
Serjeant, that it was the invariable -pradice'in the
Court of King's Bench not to investigate the Causes
and circumstances of 1-116 is positively sworn to in an
affidavit ;' and 'the reason wa4, that they' had too
muchbusitiesS to perform; hitt this was not thecase
.in the Common Pleas • and, therefore, it was the
pra6tice to hear the affidavits on both sides, in order
to put the cbiirtifi pOssession Of the whole affair,
from the view and consideration of which, in alldts
bearings, decision was given.
Mr. Serjeant BEST then called the attention of
the. Court to the nature of the case itself, and stated
that the Defendant, who was, an Italian, had been
Agent for ,Conduaing the mercantile hitsitiess'of
• foteigners in this country; in which :capacity he
was .employed by the House of Cuthbert, Brooks,
,and cuthtiert, for some time. The Plaintiff, how-
ever, who was one of .the firm, gaVe hint- a quantity
of lapis. lazuli and ultra 3narin e, which were prepa-
rations for dying and painting, together with checks
and bills of exchange, 'amounting, in all, to 8001.—
The aalion was, therefore, brought by hiS olient in
trove'', for the recovery of the property which had
'been thus He begged the Court to consider
well before they decided In favour of the applica-
tion, the 'object of which was to enlarge a foreigner,
and enable him to quit the country, at the cxpence
'and injury of his creditors. In order to convince
ithe Court that his client, who was a most respea-
able merchant in the city, had no wish to harass or
distress the Defendant, he proposed that the proper.,,
ty now sued for should .be deposited in Conrt, to
abide -the issue a the anion this, should
,be
agreed-to,. then the I;tfetidant might be dischasted.
-.Mr. Serjeant StiEPIIERDS for 'the Defend:int, rose, ,
and stated tl49..substance ,of his ;affidavit, which set'
fOrth; that he'had been epgaged, by the Plaintiff to
ti sell the-lapis laiuli .andv-altra marine, in Paris, arid
for so doitqCwasT'rolLied the half of the price ; as-
to.the cheeks, they.were.negotiated-at the Bank by
the Defendant, to. whornthere remained due'a,much
lig&tialaii&e than they amounted to. The' bilis of
exchange Were not particularized, 'nor their-amonot
iluticed in the, 'lain tiff's44davit ; -it was not neces-
sx--)- of course to qectipy the thine of the Court with
comments on vragdeieliai•ges by a party, whiCh would
be precise and clear if ther.eiras any ground to bear
• him Out. The only design'ation which the Plaintiff
gave those- articles, checks and bills,' was the indefi-
nite term of his-property. Under these circumstances
lie trusted the Court would' order the Defendant to
be set at liberty on common bail.
Sir JAIIiES-VAN.SFILD called for the affidavits on
-both' sides, which le perused attentively, and after
co4.4sOting with, Mr. Justice ItooxE- 'and' Sjr_ ALLEN
CaaMl3ll.B; re.cotnmended it to the Defendant's
Counsel to assent-to the proposal mace by Mr. Ser-
jeant BEST. His Lordship.was of opinion that there
was no ground whatever-for holding' the Defendant
bAil.on the charge for-the checks•and 'bills of ex-
:change.- There, seemed to be some colour with re-
spect to the other articles ; but tire tranSaion ap-
peared,however, -e)arlipely'questionable.. •
•It \vas Inlet'', there e, that the Defendant should
deposit the lapis—lazuli and ultra marine with the
• Prothonotary, and ttiat'botli parties -should ..-proCe,,d
to balance accounts; also that the Defendant
,should
be- liberated. ,

From' the strong
,assurances I made to you and
others, immediately after Mr. Paull °tiered himself
as a Candidate. for Westminster, relative to the dispo-'
sition,of that Gentleman towardS Mr. -Sheridan,. I
feel myself hound-, in vindication of my 'own cha-
ritacr for veracity, to communicate td you, . very
, •
filly, the grounds .upon which' these assurances
rested.

As the present dissolution was declared, and Mr.
Paull's addresS published, I received a Letter from
that Gentleman, requesting my assistance in his fa-
vour; I answered, that I was entirely dt'voted,
from principle and personal regard, to Mr. Sheridan ;
and also expressed my opinion, that he was under-
taking a contest without any chahce of success. To
that comthunication I received the following An-
swer from Mr. Paull..

• 'On commUnicating , this to Mr. Sheridan, he
sheaved me Mr. Cobbett's. Letter to him. I•request-:
ed him to leave it in my hands, or to give Me a copy
of its and to allow me:- to spew it, with Mr. Patill's
Letter to me, to Mrl Paull's friends,l3eing confident
that the result would have been to obtain the second
votes of Mr. Pault's Party for Mr. Sheridan, my first
objet} being, I avow it, the securing Mr. Sheridan's
Ele&ion ; and as an old friend of Sir F. Burdett, hav-
ing myself no obje6tion to Mr. Paull, Mr. Sheridan
peremptorily refused, • and said he would not allow
either Letter to be used as a canvass in his (*our
among Mr.". Paull's friends. He thought it would:be
a diShonouralile proceeding on his part towards Sir
S. Hood, with whose cause he had allied himself, •
and for whom he had reqUested, and should continue
to Niftiest, his friends- to canvass equally as for him-
self. This passed on the Sunday evening previous ,
to the NoMination, and next day at the earnest. re-
quest of Mr. Sheridan, I set off with his SoliCifor and
the Chairman of his principal' Committee, 'Major
Downes, for Statfrd, to assist in the contest in
which Mr. Sheridan had just heard his Son was un-
expewAly, engaged.
After this 'statement, you will judge of my sur-
prise on hearing, on my return to town, that Mr.
Paull was the decided opponent and adive censor of
Mr. Sheridan., .

But Mr. Paull's Letter was not the only reason
..why, I relied.on that Gentleman's, preference of. Mr.
Sheridan. Upon the evening of the dai'r on :which
I received Mr. Paull's, Letter, I met that Gentleman
and Mr. Cobbett at the Chronicle (Mice, and they
b9th expressed to me their decided disinclination by
any
,means to, 'oppose the iews of Mr. Sheridan.
Buti:said Mr.
_Cohbett, what have we to do with the
commodore ? What claim haS he upon the Ele&ors
of Westminster ? Why. should be be iwposed upon
us more, Mr. Paull told 'me at the Crown
and Author Tavern, that he was sorry to hear Mr.
Sheridan abused by some of those • men among,
whom he canvassed.

With ibese circumstances in.my recollection, you
cannot wonder' at the s&prise which your Letter
excited in my mind.
1 am, 'dear Sir, your's sincerely,
P. FINNERTY.
To P. Moorp, Esq.

DEAR SIR,

Viesday Morning.

I am not opPosing Mr. Sheridan 3 Mr. Cobbett is
at my hbuse,and- we wanted merely to speak to
yea, without attempting, what Nvoal4 be both im-