The Sun.
London, England, 1823-12-22 00:00:00

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parties as .a tnere Agent in eefeeetice eolthis tueney i vol4olt was
thewhOle cast. ' : '
Itlr., BaciletwASl riteliello:)ltemottill have beenhetter V the
defendant.) had vindicated their conduct by factsnatlierthan
word s —by timbre rather] than -bee at etilOgy from the Imps of their
advocate. They had not shownthe eluidow cf a reaitin for
their conduct ; 'ihey-Wirel 'the 'ffehlterre of Mr. Kindeth and
whet right had they, to heliettto foreeeo,inetant • before they paid
on his order the money Wliteli lie had lent them ? With re_
specs . to .tae ..6,36e1i,,,they had ;not offfire4 a wortLeinot even
in statement; theta-at:Sine W:11 paid to them ,by 111 r,„ Kinder,
who requested them, for hie' owli' 'Convenience, td*COter it
with a particular heading, just :as ,'; if he. -had eaid:-..'el Open
an account for my butcher's) hillet„!' 'roe "for a spartectdur
cetate,". orreferen e
e dto a particider specaletien
• ,
enter the receipts and u? paymorits applietible to that
purpose under that head. Whet! in eiteh a Cage, When allteck
came in, could-they sAy, " Wee Oatl mot pey. this ;, we must
takeohne to consider e ou' 'may lie in arrears with pier agent ;
some tine. person in tin' world, may have Committed ll'euil, by
which some other persettetneyeil Ter ; and we shall k, tho'
money till the (Repute. is' ect;l_el ?" , its te o hill of ~triterp-
leacieoe they had good reaseete fn. not filing ftoethe money
then would have /been Out 'of theie 'possession e'• they knew
that banking incikut keePiner money, and, being hankers,
they determined to keep it, not .only fir the ,owners but
front theni.---(A leugh.)—Generally spea'eing a bill in Chat-
cery was a dispensation of wrath, lmt to thee! it was a dis-
pensation of mercy ; for it enabled them to keT this large
sum fast locked in their gripe, and to give a colour to a
course which in itself had no ttol'inir bet bte -k ; or which, per-
haps, Mr. Jones's evidence anight make eee shade lighter, to d
ficharstnge it to a dark geey.-.4 La ughter.j—NVitit: reepect to this
the Soli sum, then, wide!) seemed altogether to have escaped
citer-thneral's memory, theft. could he no question ;
and he trusted they would think the lerger stun really stood in
the same. position. What signified the name State of Peru s'
Mr. Kinder had contrected for the keen; he ass Halle to his
tub-contractors . the looney paid by then) was to meet the
liebilitiee which he incurred, and surely he WaS entitled to
retain a control over it.. Two of the Envoys did, by letter
of 21et December, 11122, et tlte secret suggestion of the de-
fendants, direct them to refuse paytifent of Alt. Kinder's
checks; but the. revocation of the Envoys' power* virtually
revoked that prohibition ; and it was again expreasly revok-
ed by letter of the 6th 'October in the . present year, when
the loan was confirmed. Let • the Jury remember, that Mr.
Kinder lied incurred a great personal responsibility on the faith
of this money, in which the defeadante had assisted to involve
him—that, at this moment, be would be a ruined man on that
very responsibility, if they did not secure 11111) by their verdict—
rind he was essured they would give hint every farthing of the
monies to which in justice, in good faith, and in law, he wxs
clearly entitled.
The Letup CI: Mr JiraT re resaid he sheet)! give 110'opiniort
in this place, as the legality'of the. transaction . celled the
Peruvian Loan, Lig, lecithin par;y wished to raise a question upon
it, they might at one take 'lie opinion of the Court. With rtepet
to the tiret sum of ONia/. 111 s. 7t1., lie was clearly of opinion that
die verdict should be for the plaintiff', because that NUM was ;mid
in his own nan)e, and invested under it'intrticuler head, to suit
his own convenience; and thereinre his hankers could nor
reta;n it on the claim of any one. as against their customer.—'
The larger sum of 70,000/., however, seemed to admit of
a very different consideration indeed`; it was paid, to an ite-
.count headed'' State of Peru, Thomas Kinder, agent," and
therefore, in his judgment, no person could claim to draw
out this money unless he had the authority of what might he
properly denominated " the State Of Peru." Now the agent%
with whom this contract wits made were appointed by General
San Martin, who then wns. in possession of the eupreme com-
mand ; Ads General called a Conress, and abdicated his power,
other revolutions sitcceeded ; audit now appeared that, setting
neide Royalietse whom neither part in this cause certainly in.
tended by '' the State of Peru," there were two hostile powers
contending 'for the mastery. It would Sea abio recollepted that
the power.of the egefits IYIU4 revoked, though eubsequently re-
newed ; and that these agents had prohibited the payment of
the clicks of Mr. Kinder. As to the conduct of the defendants
in choosing to refrain from paying over this money till sanction-
eti by the decision of a court of law or equity., under the cirCurn-
stences he thought it fully jostilied ; and their offer to allow hi-
tertist after the rnte paid on Exchequer-bills proved that Ovum-
ed with no view to their own personal advantage. The euestion
lie should leave to the consideration of' the Jury was, whether/11r.
Kinder was authorized by the State of Peru to draw for the
70,000/. in the defendants' hands; if' they thought lie was they
should find a verdict for the pleintiff fin the whole claimi ; if'
they thought lie was not, they should then still , find for the
plaintiff, but only to the amount of the smaller balance.
"rho Jury, in two or .three minutes, found a verdict for the
plaintiff for the whole gum, 730664 lee. N.
This trial, with the eiception Of a short action on a bill of'
exchange, lasted the•whole day, and did not terminate till after
six o'clock. Although generally: dull, its details, it evidently
excited the deepest interest : a great number of the'first hankers
and merchants in the 'city were in Court, which wet, never re.
member more oppressively crowded. •