The Sun.
London, England, 1801-02-26 00:00:00

upon.44titni_it'Lliziv vitt - but that .athei. they
should,lose the benefit ofihis,testimony.
Wi Morgtn; Clerk to ,the
Auttioneer, gave'an account of the sale :—He
'said, that- Mr: Philips told the company, at the
bidding—" You hare all seen the room, Gentle-
men, and if. you haVe not measured- it, go; and
look at it again.". lit the Witness did not see
Mr. Philips alter the Particulars; and
them conforitable to the real desciiption of the
premise-S.
Lnrd Kfiwvo:s.'
said, that this motle of defence
Viould not do. Auaion4efs, like other
Should be cautious mitt:411;11 care that what thcjr
sold; vas igkeealild tb ri‘,.'des-ct;ption they gave
of it, otherwise, they 'Court binj .people‘ io
their ..argains.. IT there had btcn ever so' many
alrerations made in this p.inted..Particular of the
Sale; Unless.it could 1): pr:),.ed, that suett.iiltri4.
dons as were rtiade; s rc known to ihe.Plaintiff;
they could not affeet him. He did no,..know tinit
the Audioncer meant
_to cheiit the Pl:lintiff,-.hut
certainly this Agreementivai,,isia, and, there-
fore, the Jury,
.if they I,;!easetl,
.would *find a
Verdi6l:for the'Faintlif for the arnetint the
beficisit, with liMrc.c twin the • d.ik of make.
ing it:

Verdi& for the Pi lin tiff—DarndgeL, Six I funclred
and Eiglity,seven Pouncic.

BIRD V. I L

;-:

The Plaintiff became the Purchaser of...the
Lease of a Public...house,!ar -a public Salcby
AuCtion, for 1631. of which he paid 331. by stray
of Deposit to the Defendant, who- was•the -
oneet: this Action was to recorer.the.•Deposit...
money, on the ground that. the printed Particulars
of the Sale were infinitely higher in the state...
tent of the value -of the. Trade, than the truth
was. - 'l'hc printed Particulars stated, " That
the Returns of the-Business were 601: a Nianthc"
and, at the .Sale, the Auelioneer asked his
Clerk, " If he had examined the gooks, Sze.
He said, "-he had, .and • that. the Rerarns were
not quite up to 601. hut that they Ivere frorn'ol.
to. 601. Y—whereas,. in truth, the 'Return,- in
beer, was not .above azr.
It appeared that the Plaintiff had) some time
after he.bought' this Lease, saki he would not
take a 1031. -for his- bargain. And it was con..
tended, that the Particulars- were altered, and the
Plaintiff assented to every thing that was done.
Lord KeNvoN said, that a Court of Justice
was not. -the cheapest place. ir. the- world for
Parties to. attend to learu.les)soris of morality.—
They paid a great deal for them, and yet it ap.
Feared, that
.experience, had oat the efea_ of
making some men %Oise .enough to. feel the- ina,
portanee of the firstlesson of Morality. To be
sure, it was never too late to Correa an error in
one of those Particulars of an Aktioneer, . pro_
vided it was done before the article was sold.;-,-
lnit hese the party was so. far.frorn-correaing the
mistake, or error, in the printed Partiettlar, that
he held a conversation with -his Clerk, the
purpose of confirming it iu substance. • Now, if
ever tLere was a• fraud eoMniitted,- this was it
fraud on the Plaintiff, for it appeared, • manifes'i.
ly, that the Returns of the Business were nothing
like'What they :were represented to be.‘ One
would have thought that little need be said to
shew how true 'and important.. o Society the, old
maxim of " Honesty is the best policy,"-
It. was a Cardinal point at the head of our morai
duties—but true, and important as. this niaxint
was, sorne• men conducted thetrielves as if .they
had never heard it. This Sale, bis Lordshia
considired as a Club, in which this simple fellow,
the Plaintiff, had beendeluded. If the Jury felt`
the case so, they would find a Verdi 4 for. the.
Plaintiff-- -Damages 331. .
Verdi( for the Priliotiff—Damages Thirty?;
three Pounds Thu Shillings.

OLD BAILEY.

SEVENTHDAYEDNESDA-Y, FEE.2.S*

THE Trials being linishett, •rhe' Court
ceedettto-pass Judgment, this day, upon the: ssve
rat Prisoners who were convicted in the course of
the Session, viz.

Sentence of Death tipe;n the- following capital
Convifts-:—:john'COle, Wm. Brown, JohliSaunr,
tiers* Hugh Tully (a'boy of twelve years ofageji
Win. Clarke, James 'Barnes, J. Branning, and
J Neale': • - •