The Sun.
London, England, 1801-07-07 00:00:00

No. X.

" Friday.

" My astonishment and misery at 'not hearing from you,
my dearest Mary Anne, passes all bounds; .tell me, I con-
jure you, what I can do to regain your lost allettion, and I
wits do it, should it be worse than the rack. My senses are
nearly gone ; but still it is inyour power to relieve a fellow-
creature ; so pray, pray_ spare me, my dear : I tear to say
more, though I could write volumes. . Adieu!
" All you can wish,
7 " BLANDFORD."

No. XIV.

" White Knights, Friday, jahu?ry p.

" I think I may safety write you a private letter now.-
1 know not how to address you, but rather than to put any
thing ill-natured'or cross, I shall put nothing at all. You
may. safely fancy whatever will give you most Pleasure ; for
to give you pleasure is, and always has been, the study of my
life; and I can say more, always will be. judge what my,
feelings must be, interested as I am about` you (for thss you
know;, to be kept in total ignorance about you. I that am
uneasy, when
,you are not in a critical situation like the pre-
sent one, it I do not hear often about you ; how much more
acute my feelings must be now I Surely' I gave a very good
opportunity for your daughter to write to me, and surely she.
might have said how you were in her letter ; it is a fortnight
to-morrow since I have heard froM Cr)tchill. Oh ! dear me !
" It this letter remains, like my former ones, unanswered,
I cannot help it ; I shall however have one small consola-
tion {arid small indeed in comparison with having lost your
afteCtion), rmean that of having omitted nothing which could
possibly bring you to a right understanding respecting me:
me, who, let what will be your sentimerits,have never ceas-
edland to the loss of my peace perhaps I say it), never can
cease haying any other •entiments for you, but the greatest,
love and truest affeaion, grafted upon near ten years ac-.
quaintance, and now strengthened by the nearest and dearest
of all ties. I need not explain more; I cannot really -say
more, and believe me I feel more than I utter. Give me
not up then, dear Mary Anne. Pray, for the love of God,
do not take any thing amiss in thlsletter;. for, so help me
God,- I wish it to convey to you only what can and must be
pleasing to you, if you still Loire me, or have ever done it;
and how can I doubt that ? All my sentiments, dear Mary
Anne, arise out of you, and all my wishes spring towards
you ; how can .I then live without your affeetion, and now
form a new route of life, apart from you ? No, Mary Anne ;
it is impossible. Remember, dear Mary Anne, you have no
proofs that I do not love you, and ten thousand that I do.
My.crime is loving you too much ; a crime which any one may
accuse niece, Fxcept you. Now and ever, dearest Mary Anne,
Most sincerely,
" And truly affeaionately,
" BLANA 1:014.11."

L'elW REPORI'd

COVRT KINC's BENCH, Mom:Ay, luLy G.
sITTINGS BECORE LORD KENYON IN GUILDHALL,

tONDON.

I:N.TESDN rJ. riARTSINCK AND OTHERS.

-Tins was an Aaiun upon a Bill of Exchange fOr
tool. • together with interest since it became due,
Which made the amount tl7l. ros. It Was one Of
those pieces of paper issued in thP. yOr 1797; on
the credit or what • was called •". The Security
Bank," tho.. Partners of which Firm consisted of
Messti. Hartsinck, Hutchinson, and Playfair, which
Firm;becatne bankrupt, and failed to a great extent,
as many credulous people in this Country know • to
their cost.

• The answer to the Aelion was, riot that this
Note was not a fair one, nor that the Plaintiff was
not. a holder for a valuable consideration, but that
the two Defenclan-ts, Hartsinck anVHutchinson,
were cieared of this and all other debts that accrued
against- them, from the 28th ofOanber, 1798, when
the Commission of Bankrupt issued against them,
to the allowance of their. Certificate by the Lord
Chanceifor, which -was on the zoth of February,
1799. The Defendant Piayfair had suffered judg.,
inert to gO by .default.

To this it was-auswered on the part of the Plain,
tiff; that the Certificate was totally void, by means
of the Defendants' having lOst•rnoney at Gaming,
that is to say, had lost by speculation in the Funds;
by bargaining for Time in Stock, -&c. a thing pro-
, hibited by the Stature.,by. which a Bankrupt can
have a Certificate, and by:which a Certificate is
entirely, void. . ' ' • •
Mr. ERSK rI, in stating this case to. the Jury,
said, that the facility-by which the Law of England
allowed men in trade to get rid 'of their debts, 'by
the Bankrupt Laws, had been considered, by many
intelligent men; to be, in•some cases,, too great ;
and it had been thought there were, some things
which required amendment in those particulars :
that .a considerable • reform was necessary :—The
Law; as it stood, however, had provided against
some abuses under this head. If aCommission was
fraudulently issued, and a Cert flea te was obtained_ by
tricking, and by giving some Creditors undue pre-
ference, so as to obtain their conseit, and that the
Certificate waS'obtained to the prejidice of others,
;such a Certificate would be void, aod could not be
a bar to: any fair debt incurred previous. to such
-Certificate... If the Bankrupt should che 'proved-to
have gamed, or lost money by. Speculation in the
Funds, to a given amount,. in that case also, the.
Certificate would be void. The tatter was the'case
now before the Jury. He added, ;hat the Plaintiff' had
given notice to the. Defendants to produce all their
Books, Papers, &c. belonging to. the Bankruptcy,
&c. But it was contended on the other side, that
they were in the custody of the Assignees, and „that
the Defendants had:no power over such Books.or
Papers.
-.The Solicitor for the Assignees; a very respect_
able man, admitted, that he had been served With
nOtice to •produce these .Books,- &c. ;. that he_ hid
given diretinns for bringing them into Court ;• and
that he believed they were brought-aeCordingly ;
but he declined producing themf, and Lord KE:stVo's
said, that thii Gentleman, as Solicitor for-the. As-
siznees, had go, pOssession . of- these 13q6ks ind
Papers confidentially, and he not only was not bound
to prOduCe them, but he. would have `aaetl critni-
nally if he did produce them ; for he could not pro
duce them, without betraying the interest of his
Clients, perhaps. His Lordship observed, there
.was a provision' in the Statute, by which; on appli_
catione the LORD CHANCELLOR would make:an
order for enrolling the Proceedings under a . Cony.
mission of Bankruptcy. • •
It then appeared,. that the Commission of Bank. 7
ruptcy issued against - these Defendants on the -3ist
of October, 098; chat Hartsinck's Certificate was
allowed on the 7th of November ;798, and that
Hutchhison's was allowed on theloth of Feb. 1799.
'Lord KENYON said,' he.was sorry to think' that
some-, thoughtless people' had involved themselves
in great-- difficulties *by giving credit to stuff like
this, that had issued from the Security Bank, 4nd:
that some millions were now afloat upon it.
Stanley Leeths swore, that he was employed in
the house of-Hartsinck and Co. previoUs to their
Bankruptcy, and that he was a confidential Clerk its'
that House, employed particularly to make out their
accounts. Mr. Hart,inck himself told the Witness,
"_That he had been gambling in the Funds, a great
deal within a year before. his Bankruptcy, to the
amount of between three, and four thousand pounds._
That he had sustained loss to that amount by
specUlating its bargains for. Time." He had'no con-
Nersation with Mr. Hutchinson.

On his cross-examination the Witness said, he
•was at this ~time a Private-Secretary to Lord Gwy-
idir ; that he was .confidentHly employed': in the
service of these Defendants before he had the• ho.
nour of being in his Lordship's Service, Where-he is
at:present. He IR x in the 'serviced Mr.'Hartsinck
when these gaming transa&ions took place, and Mr.
Hartsinck told him that some of the Commissioners
had said it would be hater not to
.put the qUestion
to the Bankrupt on the subjecl-of gambling in :the
Funds ; that Mr. Hartsinck told him some of the
Commissioners advised the transaction of gambling
in the :Funds to be past, over ,f there was nobody
present but Mr. i-fartsinck and the. Witness at this
conversation. The Witness then underwent a long
cross examination,' in the course of which he said,
that he had been in the business of a Linen-draper,
but that his time was now wholly, taken up in
.at-:
tending to the commands, of Lord Gwydir ; that
he, had paid 2os. in the pound ; that he had after-
Wards, however, become Bankrupt ; that he was at,
• present an uncertificated Bankrupt ; had paid.nothing
in the pound ; that he was proud to be so, because
it afforded him an opportunity of paying his debts,
by his industry ; that before he became a Bankrupt•
he had been a Money-scrivener, •and lived in Salis-
bury-street, in the Strand; that he-advertised. once
an this charaaer,, bUt that the business he did was
of a confidential-kind ; this •was two years age.
Here Lord KENroN obserVed, " That he did
not chink the Witness would be long with. Lord
GWydir.a'
The Witness said, it was a Mr. Panton recom-
wended kiln to Lsna Gwydir ; -that the business

of a Mone-Scrivener is to procure money fof those
who are under a temprrary distress-; the Witness
had no partner in his business ; the petitioning
Creditor under hiS Commission was a Mr. Lidyd ;
he had never applied for his Certificate.
Leonard Hampden swore he was employed as a
Book-keeper in the house of Hartsinek and CO.
from March .1197 to the following May, when they
becaMe Bankrupt. That he knew from Mr. Hart-
sinck himself he was engaged in manyespecUiations
in the Funds. TWat he had a minute in his podkeri.
taken `since the Bankruptcy of this Partnership,
.vhich lie took 'because he thought it might become
rite subjeEt of investigation afterward, and he made
the saMe•entry• in the books of the Partnership by
the desire of Mr. Hartsitick himself ; which entry
was dated on the 3rst of August, 1197, and Was
".Toloss of 3001.'and upwards on speculation in
the Funds, for differencies for. time." - Mr. Harte
stuck desired this to be done in particOlar, and .to•
lie set down for loss to the whole house, .fOr' Mr.
HartSinek transaCted the business of the whole.
house. "Mr.. Hutchinson became ileßankrupt.
May 1797-
On crass-examination lie admitted that he 'had:
an Action also, depending. upon the same questioti
as that which was now before the jury, namely,
Whether this Certificate was valid or not ?
looking at the memorandum it appeared that the
names of Richard Carpenter, Esq. andanother Gene
tlernan were included, by which the VVitness meant'
to
,have it understood that these two Gentlemen'.
were, partners in this transa6lion ; .and the Witness
said, that the way in
,which he Caine to communi-
cate this,state-bf things, 1?y which the Certificate
was totally annulled, .to the Plaintiff's Attorney in
this. Cause, was in consequence of another Suit
which took plaCe in Westminstet-hall ; but he did
not .Communicate
.this, at tile last examination of
Hartsinck, by the Com Missioners.
Some further evidence was examined relative to
Mr. Tinson, the petitioning creditor, under the-
CoMmiSsion, but which 6n-ot essential to -the issue,
as it did not go to affcft ,the Certificate of Mr.
Hutchinson..

Lord KENYON Observed to the Jury, that this'
Was an A6tion upon a Promissory Note for root. gni
the interest tine upon it, against the three Defend..
ants, who were Partners in the Partnership of which,
the Jury had heard already.--The Defendants had
taken different lines, of 'defence—The Defendant
• Playfairliad. suffered judgment to go against him by
default, and-therefore, as against him, nothing re-'
mained to be done but to assess the damages.:—As
to the other twO, the only :question was, Whether
the Cerificate was 'or was not valid ?", As to the
Certificate of Mr. Hutchinson, there was no evi-
dence to shew , that it was not got in the way of
fair dealing in trade, aryl, therefore, hewas entitled
to a verdict.---The case of Mr. Hartsinck then re-
mained to be considered—The Aft of Parliament,
had by way of humanity provided, that if a mart
should render a just and 'fair account, although
unable to answer his'Contraas, he should be made
free of the world' tb 'try 'his fortune again, which
was the substance-of the operation of a Certificate.
The Law had breathed its-wish that an, honest
though unfortunate man, -might have another chance
to live and to-becorne creditable in society--On the
other hand, the Law had thrown some fences around
the interest •of -the Creditor in this ~case, to
,annul the Certificate of any Bankrupt, if'. it
should' appear' that the Bankrupt had lost, a
certain, sum of • money by Gaming, of which
speculating and bargaining for Time in the
Funds was an aggravated species. Now •that this'
was the ease in this , instance.; was proved by the
Witness Leeths, if the Jury believed his testimony..
It waS.matter of astonishment to his. Lordship, that
such a man should be so conneCted, as he said he
was, with the service of Lord Gwvdir ; per-
haps the relation of master and servant between
that Noble Lord and such a person would not, after
what had now happened; long subsist—but, • how-
ever,
.his Lordship was not prepared. totally to
reject" the testimony of such a Witness, unless
there was something to -be set against it:
Then the Evidence of Hampden specified a sum
which was lost byAiartsinck. It was easy to
deted the. falsehood of his testimony, if it was false,
for he spoke of ari:,entry in the Books, which his •
Lordship said, although the Parties were not bound
to produce, there was nothing to hinder them. If,
,therefore, the Jury thotight that Mr. Hartsinck lost
this money by gambling in the Furth in the manner
that was stated, ;he .Certificate would be set aside,
and he would remain liable ,to the payment of the
Note, in the same inanner•as if no Such. Certificate
had beenallOwed. As to, Mr. Hutchinson, there
was no evidence to impeach his Certificate,. and
there should be a verditl for Um. AS' to Playfair,
he haVing• suffered _Judgment •to pas- by-Default,
there Was' nothing to be, done but .to asBess, the
Damages against him. • . . .•
Verdi& for the Plaintiff, Damages 1171. against •
the Defendant; HartSinck. Damages asfesseid against
4•ec,
Piavfair, r t7l. . _
- _

Another Aetion of Harrison against _the:same
Parties, under precisely the same eircurustancls,• for
another Note. of the same Dare and Athount WA3
tried, and the Verdia was the same.

Another, in which ilarri' pcien against the same
Parties was tried also.--Verclia for the Defendant.

REED V. LANE.

This was an Aftion for Damage; for an Assault
Committed by the Defendant, a t;111 powerful man
near six feet high, who is Clerk (.4-Ca large Salary)
to;eminent,Merchants in Cheapside, on, the .Plain_
tiff', a P4tterti Drawer for Printed Goo h, &c. an
undersized and feeble man, as they were corning
home from the Play-Howe between twelve and one
o'clock is the night, :at the bottom of Fleet street;
the Plaintiff's thigh was brokeri. He was fifteen
weeks in the Hospital ; he-is not well yet, but very
lams. .

Verdiet for Plaintiff—Damages tool.

Oh Wednesday last - Munday, 'first Coach.,
man to the Right lion. Earl' SPErvcER, in return-
ing to Althorpe from Spratten, was unfortunately
thrown from his horse and killed on the spot. The
NobliVarlhas most kindly provided fox hia widow
and children.

John Atkins was tried for a capital offence, in p
vately stealing from the person .of_Peter Kelly two
guineas and five shillings, his-property.
This case was shortly' disposed of.. The Prose-
cutOr'ltated that he had been drinking on the i Bth,
of June, at the Griffin public-house in Golden-lane,
--where he fell" Asleep: on his- waking lie instantly
missed' his Money, which he said a-Woman told him
that the Prisoner picked his pocket. Of it.
This wonian, was called lip.on'to give her evidence,
and afterwards formally. calleti upon her recog-
nizance, but without clic-a; In consequence.of the
obvious deficiency in the evidence, the jury were
-direaed to acquit the Prisoner., which was done ac-
co rd i y

PRICE W. HOPS.
BAos.
Kent, 61. os. to SI. Ss. 4 Kent,' 81. os.. to tot, os.
.tts`sex, 51, !ZS. to Sl. OS. I Sussex, 71. oS. 1091. os.
Esser, Si. os. to 81. os. Farnham, 51. os. to txl. os.

SEEDS.

Red Cl:6vcr, (per cwt,)

zos. to •gas

White Clov.er, ditto . - ' .20S. to I Jos
Trefoil; ditto - . - - - ' - is-. to 465
Turnip, (per-bushel) - - 2. •16s. ,to t.S:,,
Rye C. 4.,, (pe(quarter) - - - las. to -7405.
Cinque Foil, - ditto - - : - . os. to es
White ;Mustard Seed, (per bushel) - - los. to r4s.
'Brown ditto, ditto.,. . Jos. to r4s. Gd
Canary Seed, ditto 7, , Ss. .. to • los
Rape Seed, (}ter last) - - -. •• 401. to . 441.

‘')111)i rtmcd CI. I.A N, liow-I;tr:c.t..Uortnt.G4-,"(;:a1); and by
_N,Y 1,,1/41,1 ARMiI:RiSORIPPS:(Of
At the .Strand ; where Advrrtuements, Or lers for the .'ater, Levers for. the Pitor, &c, (peg.