The Sun.
London, England, 1822-12-17 00:00:00

THE LATE TRUE BRITON.

IN THE MATTER OF STOCKDA LE, A BANIC'
RUPT, ex-parte LORD KENYON.
The Commissioners under this commission,
Messrs. MITFORD, GLYN, Twrss, and METCALFE,
were occupied a considerable part of yesterday
and Saturday, at the Southampton Coffee-housei
in investigating a proof of debt to the amount
of 5,0001. tendered by Lord KENYON against the
Bankrupt's estate.
The case for the creditors • was conducted by Mr. G:
PHILLIPS, as Counsel.and Mr. H. NEELE, as Solicitor; that
of Lord Kenyon by Mr. MARRYATT, as. Counsel, and air.
EDGE, as Solicitor:
On the part of the creditors it was contended, that Lori
Kenyon was a partner with the bankrupt, as proprietor
the True Briton newspaper, and therefore liable for all thie
debts of that concern. lie could not, therefore, be aloe°
to prove in competition with his own creditors. From the
evidence of the bankrupt, it appeared that the True Britoll_,
was established in the spring of 1820, Messrs. Swift, Berle'
'and Stockdale, were the proprietors; but all the funds were W
be supplied by Lord Kenyon. His Lordship was to be the
appellee in all disputes between the parties, and the pa
was to be conducted on strict constitutional principles, crud
and religious, of which Lord Kenyon was to be the judge. Lord
Kenyon was also to apportion the profits of the Paper among
the parties, according to the quantum meruit of their exertions'
—He had also the power of dismissal : and in the event of the
profits of the Paper becoming large or enormous, he was at
liberty to apply them to the support of other Papers, the dir
tribution of tracts, and the assistance of such charities as his
Lordship might think fit.
111r.MAR1tYATT contended that from this evidence it was iv':
possible to fix Lord Kenyon as a partner. His Lordship 1109
merely as the friend of the parties, assisted them with money'
and had taken upon himself the office of arbitrator in case airy
disputes should arise among them. He had not, in any in-
stance, appeared as a partner, nor had he in the slightest der'
participated in the profits.
Mr. CHARLES PHILLIPS, on the other hand, argued at con
siderable length, that the fact of Lord Kenyon's joint Po'
prietorship in the True Briton Newspaper had been cleariel
established. It was true that his Lordship had not der
any profit from it, as it turned out, but he might have derive"'
considerable profit. Lord K. was known to be a very ells'
ritable man. Ile
profits might perhaps exend .500 y t
chs;
rities, and if the of the Truep
Briton had amounted
that sum, they might have benefited him to that amount, Wi
asmuch as he could apply them to that purpose, insteadt:a
drawing upon his private property. But the paper benefi.„,
his Lordship in another, although not in a pecuniary,
in a way, however, which to a person of his Lordship's rn,
and consideration in the country was much more imperta°,,
He was known to be the head of the Anti-Catholic party
this country, and for the purpose of furthering the objects .
that party he had established a Newspaper, devoted to its W
terests. His Lordship must therefore bear the consequence9t;
and it was only one proof, among many, of the unforttlos
issue of political speculations.
The COMMISSIONERS were clearly of opinion that the f°:t,
of a partnership had been proved ; they therefore decided
Lord Kenyon must pay off all the debts of the True Brlir,
before he could be allowed to come in and prove against '7
Stockdale's private estate.