The Sun.
London, England, 1824-01-17 00:00:00

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SATURDAY, JANUARY -17, 1824

-LORD ERSKINE.
•
AT a numerous MEETING of the MEM-
BERS of the PROFESSION 'of the LAW, held in
LINCOLN'S INN HALL, on Monday, 15th Dec. 1823;
Mr. SCARLETT in the Chair' -
Resolved, That a Subscriptipn be opened for .erecting a
STATUE to the Memory of the late Lord ERSKINE.
That the following Gentlemen be appointed a Compiittee for
the purpose of carrying this Resolution into effect:
Mr. Sergeant Lens, Mr. Reader,
Mr. Sergeant Vaughan,l
Mr. Campbell;
Mr. Jervis, , Mr. Dover •
Mr. Raine, Mr. Richar'd Wilson,
Mr. Scarlett, Mr. Kaye,
Mr. Bell, Mr. Lavie,
Mr. Gurney, Mr. Freshfield,
Mr. Adam, Mr. Brundrett,
Sir W. Owen, . ' Mr. Atcheson.

UNITED FRATERNITY OF FIMEMASONS.

i THE ANNIVERSARY FESTIVAL in
honour of the BIRTH-DAY of his Royal Highness
the •DUKE of SUSSEX, M.W.G.M., will be celebrated at
FREEMASONS' HALL, . Great 'Queen-street, Lincoln'.i-
\inn..fields, en TUESDAY, 'the 27th Januaty next:
• Tickets 15s. each, to be had of the Stewards, or their Secre-
tary, until Friday, the 23d instant, after which date none will
be issued. By Order of the Board,
•
..7,.!.
D. BUCK, Secretary,
18, Broad-street-buildings.
1 ' • 1 ~ - .2 .
STli WA RD& •
Bro. Sit'W. C. de Crespigny, Bart. i11.P., President; P.G.M.
. for HampThire. • •
Bro. Simon M`Gillivray, Vice-President, P.G.M. for Upper
-Canada. •
,4.1
Bro. F. W. Pott - • - ..-'.Treasurer.
•l3ro. Col. T. Wildman R.G.Mi{for Nottingham.
.Bro : r+Tajor'W. J. Syttie6c.e,-.14k - -
Bro. Rev. G. A. Brown, ti.:l'.€olM7`.4lr Cavabridgemt: 7re.
Bro. T. It. Smith - - - Grand Master's Lodge..
Bro. Jos. Conder -.-
Bro. Herman Hendricks - Lodge of Antiquity.
Bro. James Whitchurch - •
Bro. the Rev. W. Fallofield, W.M. of the Somerset House
Lodge.
Bro. George Mott . - - British Lodge.
Bro. 3. S. Hutchinson - -
}
Bro. Andrew Ramsay - - Lodge of Emulation.
- -
Bro. John Bott,. W.M. of the Corner4Stone Lodge.
Bro. W. H. Gaskell
Bro. -W. A. Wilkinson - } Ditto.
Bro.- T. P. Savory - -
Bro. Henry Francis -
P.ro. S. L. de. Symons -
Bro. Glynn

That an account be opened at Messrs. Coutts and Co.'s, and
such other Bankers as the Committee shall appoint for ,receiving
Subscriptions.
That it be left to the discretion of the Committee to deter-
mine where the Statue shall be placed:

J. SCARLETT.

- -
Mr. Scarlett having left the Chair, the Thanks of the Meet
were unanimously voted to him for his conduct in the Chair ;
and a Subscription to a considerable amount was immediately
entered into.

Council Chamber, Lincoln's Inn, Dec. 16, 1823.
The Committee beg leave to inform the Public, that a book
is opened for receiving Subscriptions at Messrs. Coutts and
Co.'s ; at Messrs. Remington, Stevenson, and C,P.'s. ; at
Messrs. Smith', Payne, and Smith ; and at Messrs. Hoares,
Fleet-street ; as, although it was thought proper that the mea-
sure should originate with the Profession of the Law, there, is
no intention to confine the Subscription to that body. Sub-
scriptions will alio be received by each of the Members of the
Committee.

- Jerusalem's Lodge.
} United Lodge of,Prucince.
- ••Lodge; No. 2, Ireland.

List of Subscribers.

H. R. H. Duke of
York - £52 10
H. R. H. Duke of Glo-
cester - - -26 5
The Lord Chief Com-
missioner of the Jury
Court in Scotland -21 0
Mr. Serjeant Lens -26 5
W.GeorgeAdams, Esq. 10 10
Wrn. Holt, Esq. - , 2 2
Mr. Serjeant OnsloW,
M.P. - - -10 10
John Gust. Lemaistre,
Esq. 10 10
Jon. Thos. Sleap, Esq. 5 5
Sir Wm. Owen, Bart. 5 5
The Morning- Chronicle 10 10
Thos. Haviland Burke 1 1
John Gurney, Esq. -10 10
Germain Lavie,-.Esq. - 10 10
James Gibson, Esq. - 10 10
David Wm. Gregorie, •
Esq. - 5 5
Wm. Haslewood, Esq. 5 5
T. Pearce Brown, Esq. 5 5
Henry Smithson, Esq. 1 1
George H. King, Esq. 5 5
Samuel Marryatt, Esq. 10 10
George Bernard, Esq.' 2 2
Hy. P. Standly, Esq. 10 10
Henry Tripp, Esq. -10 10
Henry Dover, Esq. -10 10
Jonathan Rhine, Esq.
- - 10 -14)
Jonathan Brundrett, Esq. 5 5
Thomas Jervis, Esq. - • 5 5
Nathl. Atcheson, Esq. 5 5
Robt. S. Atcheson, Esq. 5 5
Lewis Flanagan, Esq. 5 5
Lord Holland - -10 10
Henry Smedley, Esq. - 2 2
Daniel Rowland, Esq. 3 3
Henry Cooper,_Esq. - 5 5
Daniel Giles, Esq. -10 10
H. W. Tancred, Esq. 5 5
Charles Bfbdrick, Esq. 5 5
William Tidd, Esq. - 10 10
Hon. Algernon Herbert 5 5
Richard Wilson, Esq. 10 10
Rowland Stephenson,
Esq. - - - 10 10
Henry Brougham, Esq.
- - 10 10
Robert Chambers, Esq. 5
James Burnett, Esc. - 10 10
James Searlett, Lsq.
- - 10 10
J. Canipbell, Esq. -5 5
Joseph Kay; Esq. - 5 5
J. W: Freshfield, Esq. 5 5
J. P. Thomas, Esq. - 1 I
R. C. Scarlett, Esq. - 5 5
The Earl of Darnley - 10 10
Sin Edmund Antrobus,
Bart. - - -10 10
Sir Coutts Trotter, Bart. 10 10
Edward Majoribanks,
.- Esq. - - -5 5
Edmund Antrobus, Esq. 5 5
Dd. Jardene, Esq. -2 2
Jas. Manning, Lsq. - 2 2

It. Langston, Esq. -£2 2
G. Tomlinson; Esq. - 10 10
J. M. Hutchinson, Esq. 2 2
G. Vincent, Esq.. - 2. 2
C. H. Ware, Esq. - 2 2
D. Shifter, Esq. - - 1 1
- 10 10
Wm. Leaks, Esq. M.P. 10 10
L. B. Allen, Esq. - 5 5
TIE oa r.
u Hall
l
of
es s of f Jersey
- - 10 /0
CJerseyE -10 10
-
.o. Bicknell,
H.sj.Adean e'
'. - 10 It)
Jos. Esq. - 2 2
John Adolphus, Esq. 5 5
Wm. Reader, Esq. - 5 5
T. Steel, Esq. - - 2 2
H. J. SandZs, Esq' - 5 5
'J. Carter, Lsq. 31. P.. - .5 5
el. R. Reynolds, sq. 5 5
H. W. Lovatt, DIE: . 5 5
- 2 2
The Hon. Jas• Aber-
al p. - 5 5
G—eor!'eaCnlga'rkEsosnq, Esq. 5 5
cronmie, h •
Joseph Chitty, Esq. - .5 5
- 10 10
,vcrhriollmiamtniPvoititd,eE:F,sq;q. 5
.5
5 d r
John Davis, Esq. -
T. 'Wilkes, Esq. - 5 5
.
Thomas Swain, Esq• - ° °
E. H. Maltby, Esq. - 1 1
Thomas Saunders Esq. 3' 3
11.Whitmarsh, Esq. - 2 2
Wm.,Lowndes, Esq.. 2 2
The Duke of Bedford .52 10
The Duke of Somerset 25 0 -
- . I.....ucuTTA JuLy 10, 1823.—We regret to hear that all
The Lord Chief Baron - ,
of Scotland - -;20 0 accounts represent the prosnetts of the Indigo crop to be
Peter Alley, Esq. -10 10 most discouraging. The heavy rains which have fallen, it
James Agar, Esq. -10 10
appears, have laid the ground under water, and the plant is not
John Calcraft,Esq..M.P. 10 0 ;
Wm. Masterrnan Esq. 5 a : yet sufficiently advanced to gather. We expect to be favoured
T. H. Sterling, iso. - 2 2 with some details on this very important paint shortly, and
Thomas Denman, Esq. i
M.P. - -1010 ; hope that things will not prove to be so bad as respresented.
John Spinks, Esq. - 22 , JULY 15, 1823.—CornPanyN Opium sale at the Exchange
Samuel Dendy, Esq. - 2 2 . yesterday morningrte
en hundred chests of Opium, of
Thomas Milles, Esq. - 10 10 1401bs. each was yesterday sold by action at the exchange.
Mr. Serjeant Peil -1010 ; They produced' Sa. Rs. 6a-
. 40, malting an average per
Lord Ellenborough _lO 10 chest of Sa. Rs. 1761 4 7.22'8y-
John Bell, Esq. -10 0 We regret to state, that by the accounts received at the Pre_
John Richards, Esq. - 5 0 : sidency from the Moorshedabad, Kishnagur, and Jessore Dis-
Joseph Hume, E5q..01.-P. 2 0 1 triet, regarding. Indigo, it is too' certain that very serious
Alderman Wood, 31. P. 2. 0 . injury hai been done, and much more is to be apprehended
Mr. James- Anderten 1- 1 from the rising of the river.
Serjeant Vaughan -10 0 The following account of the Launch of the first Steam Ves-
Randal Jackson, Esq. 2' 0 sel ever built in India is worthy of particular notice. We un•
wm. Broderick Esq. 5- 5 derstand e.he is intended for the Navigation of the .River only,
Dr. Wm. Ruddithan 10 10 but anothir 'Vessel of a similar descn, but of lar r
di-
Major-General W. Fox mensiona ({sand greater pow h '
• , er, as already we hear, been corn-
' Calcraft - • - 5 5 menced.
Erasmus Madox, Esq. - 2 2 Lan NCH of THE STEAM VESSEL.—This beautiful little
George Gregg, Esq. -5 0 vessel, built in the- yard of Messrs. ydds and a*
The Tinies Journal -10 10 launchedat three o'clo k • ''afternoon,• C 0.,.,
c on Saturday in the presence
Samuel KayeE sq. Mac.. , 1 . of a numerous crowd of spectators, amongst whom we noticed
chester - i ', no inconsiderable portion 'antic rank and fashion a ,dalcuita.
Robert Kay,Esq.Bolton 1 1 The mere-launching -
a ',3 =nil a vessel of another description
Thomas Erskine Perry - 5 ° would of course be a matter of no importance. • Yet we cannot
-10 0 ! Earl Grey - but regard the launching of the first steam boat ever keen in
India, as an event worthy to be recorded in our pages. That
1 it is generally considered in this light, the magnitude of the as-
sembled crowd bore ample testimony. In the elegance of her
model and the high finish of the workmanship, we understand
this little vessel hat been
.seldom equally--never surpassed.—
She went off the stocks into her destined element in high style
amidst the cheers of the, multitude, and was named the Diana.
We were informed that a diniier party was to be. given in the
evening, to celebrate this event, so novel in the annalsof our
Indian'hiStory. The following are the. dimensions of the vessel.
Length between the perpendiculars - - 99 4
Extreme Breadth _ .... - - - 16 8
Depth in Hold 8 8
Burden in Tons - - - - - 125 0
Power—Twe-Sixteen Horse.
ILETTEILFROH AGRA.] .
AGRA, JULY 16.—The raitia-set in generally much later
than usual to the West of the Jumna this season ; and in Mal-
wah, up to the 20th of Jnne, no rain had fallen ; the clotids
were gathering and threatened rain, about the station at Ny-
mutch, on the 20th of June ; and between Agra and Delhi,
the rains did not fairly set in before the 27th and 28th of that
month ; since then, the showers have been frequent on the
right bank of the Jumna and throughout the Doab ; and the
season favourable; though extremely sultry ; the Thermometer
in general standing during the day at 88 and 8;.; to 91 deg. In.
the Doab, the indigo crops promise well, the prices of guad,
about Coel, Maras, &c. have risen considerably, and seed has
become scarce, so as hardly to be procurable for the Assar
sowing.
Sir Ochterlony continues to remain at NusSerabad ; and
the troops of that division in Rajpootana are expected to be in
the field during the ensuing season.
The liberality of Government has authorized the erection of
a proper place of public worship, at the cantonment of Agra,
which.will speedily be commenced on.
The splendid Tomb of the Emperor Akber, at Secundra, is
also undergoing repair ; but every person who recollects the
venerable aspect of this noble pile, must deplore the taste which
attempts to re-touch it, or to modernize its appearance ; more
especially, if the intention be respect for the illustrious dead,
whose ashes are there protected, or regard to -the feelings of the
Mahomedan subjects of our present empire. In either case,
the sole view of Government should be carefully to protect the
tomb froM spoliation, but cautiously to avoid all further inter-
ferencee or pateh-worke such buildings are invariably with the
natives, constructed of the, most, solid materials ; but once
finished, it is considered a spaces of sacrilege to touch them,
after the corpse is enshrined in it ; both the body
.and the
building are then considered sacred, and not to be polluted.
Ti:;;: G OVEnaron-GEx a itat..—Yesterday morning,, the
Right Hon. the Governor-General, Lady Amherst, and the
Hon. Miss Amherst attended Divine Service at the Cathedral,
and afterwards received the Sacrament. The duties were per-
formed by the Rev. D. Corrie, and the Rev. J. Parsons, the
two senior Chaplains.
•
The Right Hon. the Governor-General, and Lady Amherst,
will honour Chowringhee Theatre on Friday next with their
presence.--( Calcutta Journal, ,lue,-ust. )

I N I) I A.

i MADRAs, Aug. 25, 1823.
RATE OF EXCHANGE, WE'D PRICE OF COMPANY'S PAPER.
On England—At 30 days' sight Is. Sid. per Madras Rupee.
.. At 90 days' sight Is: 9d. per ditto.
At 6 months' sight is. 94d. per ditto.
On Bengal—At 30 days' sight 95 to 97 Sicca Rupees per 100
Madras Rupees. -
Company's Paper„-Remittable 324 per cent pm.
- Unremittable nominal 10 to 12 pm.
CALCUTTA.
CURRENT VALUE OF GOVERNMENT SECURITIES.
BUY. . AUGUST 9, 1823. SELL.
PREMIUM.
32 121 Six per Cent. Remitable I 3:5 2
11 2 . New F:ve per Cent. Certificates. klO 6
Exchange on London Is. 11d. to 2s. ld. per Su. Rup.
• BANE OF BENGAL LOWEST RATES.
Discount on Private Bills - :. .. .- 3 0 per Scent.
Ditto on Government Bills of Exchange -2 8 --_______
Interest on London on Deposit _ _ _4 0 _________
BANE SHARES—Prem. 68 a 70 percent.—;tom.
BOMBAY, AUG. 13, 1823.
EXCHANGE.
On London - 6 months' sight Is. 9d. per Rupee.
Calcutta, 30 days' 102 Bombay Rs. per 103 Sic.
Madras, ditto - 99 Bompay Re. per 100 Mad.
COMPANY'S PAPER.'
Remittable 142 Bombay Rs. per 100 Sicca, Notninal,
Unremittable 121 Bombay Rs. . do. do.
Spanish Dollars, per 101) - -211 i Rs.

Total - £!140 15

.PRINTS, AND BOOKS OF PRINTS.
TO BE SOLD BY AUCTION,
By Mr. SOTFIEBY, at his noose; WF.LLINGTON-STREET,
WATERLOO BRIDGE,STRAND, on THURSDAY,
nuary '2 2 , ;m T
a wo following Days, at Twelve o'Clock,
ACOLLECTION of PRINTS, recently
consigned 1, orn the Continent, consisting principally
of ENGLISH and FOREIGN PORTRAITS. several' of them
of a very rare description, by Faithorne, Hnllar, Glover,
Lotubart, Nantneil, De Leo, Wicrix, Goltzius, Visseber,
British and Foreign Costume and Topography—Fine En-
cravings, by ‘Ville and other celebrated .French Masten.
Valuable Books of Prints, anion; which will be found—Al-
bert Doter and s.neas Cramich's Prayer Books ; Pirc4' Lives,
with Houbralten'S Illustrious Heads, large paper; No
Theatre de la. Grand Bretagne, 3 vol. incindina the very rare
Views by Winstariley: large and tiea, lv complete Collec-
tion of the Oxford Almanacks..--A few. Framed and Glazed
Prints, by Woollett. &c.
To he viewed, andCatalagues had, at the place of Sale.

WIDOW W ELCIPS FEMALE PILLS
I 7 have obtained tbe sanction and approbation of Gen-
tlemen of the Medical Profession, as a safe and valuable
Medicine, in removing obstructions, and relieving other
inconveniences to which the female frame is liable, especially
those which at an early period ot life frequently arise from
want of txercise, and general debility of the system. They
create an appetite, correct indigestion, remove giddiness and
nervous head ache, awl are eminently useful in windy dis-
orders, pains in the stomach, shortness of breath, and palpi-
tations ot the heart.

Purchasers are requested to remark, that, as a testiminiyiit
authenticity, cacti Bill of Directions is signed with the
name of

7-)r-J'Z:a Pitl I

in writing Sold wholesale and Retail, in London, by Wright,
No. 46, Fleet-street ; Barclay and Sons, Fleet Market ; New-
bery and Sons, St. Paul's Church Yard; Sutton and C0..11,iw
Church Yard ; Sanger, 350, Oxford-street, opposite Bond-'
street; Evans and Son, Long Lane, Smithfield ; Johnston,
Greek-street, Soho ; Butler and Sons, Chei,p,ide; Godfrey
and Windt's, Bishopsgate,strret; Macke:6ll,B3, Whitechapcl:
and by Mr. Francis Cupiss, Diss ; and all Country Venders,
at 2s. 9d per Box.
It is necessary to inform the public that KEARSLEY'S
is the only original and genuine Medicine, and has been pre-
pared by.them fur more than thirty years.

LAV," INTELLIGENCE.

COURT OF OHANCERY, JAN. IG.

HIGHGATE CHARITY. - ATTORNEY-GENERAL V. LORD
MANSFIELD AHD OTHERS.

This day was wholly taken. up with a renewal of the argu-
Mem in this case, but nothing material was added to that which
was reported in our Paper on the 16th of December, and in two
previotis hearings of the ca'a.—Further hearing postponed.

COURT' OF KING'S BENCH, JAN. 16. ' -.
Mr. Justice: MST sat for the Lord. 'Chief Justice at Niri
Prita.

..:.

THE ICING, ON TEE PR,OSECUTION OF SIR COLIN CAMP-
BELL, V. WHITEHEAD.

.• •

. .
This was an indictment, charging the defendant with con-
spiring with a clergytnen named Brown, 'to defraud Sir Colin
Campbell, as trustee of Sir Alex. Campbell, of 6,0001, by a
pretended grant of an annuity seen red. on an estate in „Essex,
and a vicarage donative, and marriage settlement. Mr. Brown
has absconded; Mr. hitehead has - been already tried, and
convicted of the charge, bat itainecl a new trial. ,
Mr. ScartaE Ta. detailed the circumstances of the case, which
have been partly before the, public. In outline they were as
follows :—Mr. Brown, a clergyman in Essex, married to the
daughter of a gentleman of large fortune, and otherwise most
respectably connected, was desirous, in 1818, of raising the sum
of 6,0001. by way of annuity, and employed Mr. Whithead,
acting as a conveyancer, for that purpose. Mr. White=
head applied to Messrs. Watkins and Peoly, the attor-
nies of Sir Colin Campbell; who approved of the proposition
for the advance of this sum by their client, to be secured on
copyhold estate, represented to be in the possession of Mr.
Brown, on the vicarage of Clackton, said to be worth 4801. a-
year, on the donative of St. Osyth, worth 2201, a-year; and on
the interest of Mr. Brown,under'a rnarriagesettlement. Messrs.
Watkins and Peoly were surprised, however, to learn that they
Could not be allowed to inspect the Court rolls of the manor of
Great Holland, as Mr. Brown was most anxious that his father
'--
in-law Mr. Coale, from whom he had great expectations,
should not be aware that he was raising money on the estate
which he had given.him on his marriage. Being assured, how,-
ever, that Mr. Whitehead had made full enquiries, and had
raised money from his own clients for Mr. Brown,, and seeing
an abstract, apparently signed by Mr. Hills, whom Mr. White-
' head represented as the steward of the manor, and a paper pur-
porting to be a copy of the Court rolls, they assented to the
.s%ipulation that they should refrain, from making the usual -
search. They proposed to send a surveyor to estimate the value
of the property ; no objection was made, but it was requested.
that 13
that should. have notice of the time; the sur-
veyor went down, met Mr. Brown, looked over the estate, and
reported it to be of adequate value. All; therefore, appearing
satisfactory, the deed was executed ; Sir Colin Campbell be-
coming a trustee for his, brother Sir Alexander Campbell,
instead of principal ; 6,0001. were paid at Ronaford, and the
larger portion applied to pay off previouti annuities. The first
halt year's payment was not made, and it was soon discovered
that, in respect to Mr. Brown at least, the whole transaction
was an atrocious fraud; that the vicarage, the donative, and
ynnt a°rrktihlenyve°e:rri.
eldhe!ondlgVeeet been,htt ieoo n of Messrs. Watkins
the marriage, settlement, were greatly_ overrated in value ; that
Mr. Brown had no title whatever to the estate; that the ab-
stract and copy of the Court rolls were entire fabrications; and
steward w
Whitehead,o f the manor.
and
fraud,l the Courisel for
tsTt
060 a twi:rrtilohnrsag.e
that
lhabotielimol sy
,;,:aseslyginoeuolduitino:
and Peoly, as to conversations in which he assumed a per-
personal knowledge of the truth of some of the representations;
on the alleged circumstance that some of the documents were in
the hand writing of Brown himself, which Mr. Whitehead
must have- know, ;
On. the testimony of a Mr. James (since
dead) ; and.on that otic-51r. Smith, who had made previous'
rlg the estate, and had told Mr. Whitehead.
iinhqatujlre was issatistied.

PRICK SEVENPENCEs

gested thathis'release should be entered on the roll: For this
purpose Mr. Whitehead gave the address of Mr. Hills, at Col-
chester, and,the release was sent down addressed to Mr. Hills
at.that place. This was answered 'by a' letter purporting re come from Mr:lis. 'At the interview at itoinford, the
8,0001. was paid to Brown himself, on an understanding that
the money- should be appropriated, 2,9001. to allay to Me.
Whitehead to discharge the securities with which be wit-cor,-
-cerned ; 2,0001. to Mr. Watkins; to-discharge securities-in hi;
blends, and the to Mr.-limit). When the first half
year's annuity. became due, it , was not paid. The tithes of
Clackton proved to be Worth '1631.,- instead '4801..; -the dona-
tive 63/._ instead of 2201.;' and the marriage-settlement. was
reduced to 801., instead of 1301. Mr. Brown had no copy-
held estate at all. Air. Maberly, not Mr. Hills, was steward
of the manor. The. title 'deeds exhibited. were wholly fie, titious,
The documents were then put in and read.
Mr. John Pricker,
,the surveyor, who went .-to survey the
farm, stated, that he met Mr. Brown at the premises,- went
over them, and estimated their value at nine- or ten thou-
sand pounds, and 'so lie reported to Messrs. Watkins .-end
Peoly.
Mr. Maberly, steward of the manor of Great Holland, who
had been in that situation eleven or twelve •yeaes, proved that
the abstract was altogether fictitious;; that Bro3y_•n eever was.•
tenant of the manor; and that no putsm named' fills had
any concern in its affairs. Mr. Whitehead :lever had any com-
munication with him respecting the manor.
Me.' Coale, Mr. tiown's father'-in-law, p:-ceed that he was
proprietor of Holland-pereen.farin and that he lid never parted
with it. Lie did not believe Mr. 'Brown capable of fabricating
the documents. He did not think the sureetder was in Mr.
Brown's writing; it was moth better than ifs usual hand.
The signature to the surrender from Brawn to Whitehead was
rather more like; but he did not believe it to be his. Mr.
Hills was his `son-in-law e he never was steward of the manor,
nor was the signature tothe abstract at all like his. , The witness was pressed as to the hand-writing of the ad-
mission, and swore he did net know whose it was ; and that he
did not believe it to be Brown's. He did net recollect having
sworn otherwise at the former trial. He found letters of Brown's-
among his papers, from which Messrs. Watkins and Peoly
made such copies as they thought proper. 'e
Mr. Edward Brown, a trustee under the marriage.-settlement,
proVed, that the beneficial interest of Mr. Brown was (only
tiv. Bs. 2d. The last tidings. of' him were from America.-a-, The witness believed the letter signed `' William. Hills"'tek be his hand-writing; the abstract, he thought, was written
Cbv,him. in a disguised hand, and the surrender to him from
0a1e...

.• The evidence of Mr..-James, who has died since the last
trial, was then read from the notes of the Lord Chief Justice,
according to the terms on which the new trial was granted.
The important point in it was,.that he pointed out eo. White-
head,. that the surrender to Brown:liras in the hand-writing of
that person ; but that heemadellet answer, and put the papers
away.
.-•
to lend money on the estate of Mr.
aßlrwoawns
le:: eha
Mr. John Smith peeeed that Mr. Whitehead applied to him
quested a friend to inquire. He was not-satisfied ; and he told
bore
Mr. Whitehead he was not satisfied, and he would have no-
thing
'ec
re
eer-
othfiongretsopedcotanbiltelimito.n.Mr.. Whitehead
y
The letters of Mr. Whitehead were. then read ; one
posing a further loan, the other desiring that the surveyor rn :ghpro-
t
not be sent down till the end of the week, when Mr. Brow',
would be at home.
Mr. Ensor, from the Enrolment-office, produced the books
shoWing the memorials of annuities by Mr. Whitehead to Mr.
Strong and others.
The ATTORNEY-GENERAL addressed the Jury for the.de-
fendant. He intreated them to keep their minds in suspence
until the conclusion of the cause, and deprecated the effect of
those prejudices which the situation of his client was calculated
to excite. In the, fire:- instance, Sir Alexander Campbell
brought a civil action,
M which lie had since abandoned, no doubt
'because in that form .Messrs. Watkins and Peoly, who had in-
denmilied. him, coulthnot be witnesses. The farm, therefare,
of proceeding was changed ; the object remaining the same_
to force money from the defendant; but though Messrs.
Watkins and Peoly were thus made competent, they bad a deep
interest in . the result of the inquiry, and they might uncon-
sciously give the colour of their feelings to distant transactions.
That Mr. Brown was guilty of the gross and abominable fraud
imputed to him; no man could. doubt ; but Mr. Whitehead's
case was, that he was not his partner, but his victim. -He
would show, step by step, how" Mr. Whitehead was deluded by
Mr. Brown, by what specious appearances he had been misled,
and how lie had acted, botia fide, throughout the whole of the
negotiation. In pursuance of this 'design, the Attorney-Gee
neral proceeded to trace the progrees'of the connexion between
Brown'and Whitehead, and stated that he should produce and, read in evidence the whole of eke correspondence; COnsisling en
Mr. Whitehead's part, of letters fonnd by Mr. Coale after Air.
'Brown's departure, end impartially-communicated to both the
parties in the cause. From these letters it
,Would appear that
Mr. Whitehead' had no- suspicion of' the fr:iud which Mr.
BroWn was practising; why, indeed, should not he be deceived
as well as, Messrs. Watkins and Peoly, whose greater age
anti experience might have rendered them less -accessible
to delusion? If to these, gentlemen Mr. Whitehead asserted
that he knew Mr. .I.lfOWn'e title to the estate to be 'good, lie
must not be understood as having intended to speak with the
accuracy. requisite in a Court of' Justice, but to-express an en-
tire moral conviction, founded on a perfect confidence in-Mr.
Brown's integrity and honour. With respect to the evidence
of Mr. James, evitience would be given to shew that it was-en-
tirely false, and to raise a strong suspicion that he was himself
implicated in Mr. Brown's .contrivances. Testimonies of the
highest kind, from a cloud of witnesses, would be given to Mr.
Whitehead's character; it would appear that he had no motive
to commit the fraud charged to. him ; and these circumstances,
even if there were any ambiguity' left in the case, ought to ets-
title him to a verdict of acquittal. • .
-Mk. George Hicks, an attorney, proved that in .1817 his
father raised 800/., 350/. and 1,2001. on annuity for Mr.
.Brown,
secured on the vicarage, denaeive, wed marriage-settlement.
In 1818, when he had 21.1CCVedtA to his father's business, Mr. .
-IVhitehead called on him for _particulars of Mr. Brown's pro-
pevrtyeand received the reutal I3eicarage, 480 ; salary of dona-
tie, 220/. ;in the hand-writing of Mr, -Brown. The witness
informed Mr. Whitehead that he believed. Mr. Broa•re to be .
very respectable man. These ..annuities were regularly paid
down to the time when Mr. Whitehead applied for infer-
rnat;on.
Air. William Whitehead, the defendant's brother, said that
he remembered Brown in 1810 applying to his brother, in order
to raise a sum of money to pay oft former annuities, and referred.
Mier to Mr. Hicks for the documents- Mr. Whitehead accord-
ingly applied to 31a. Hicks, and eatained from him a rental..
A person named Kellett said he was very. well satisfied with
Mr. Brown, and, would take 5001. or 6001.; Mr. Bruce also .
was referred to, and gave tatisfactory enswers ; and in conse-
quence of those 414 other assurances,
.1,7821. Ives advanced on
annuities to Kellett and others. The
witnese then proceeded-- ~
fo state, that Mr. Brown, • from eime to.time, made representa-
tions to. Mr. WhitelKad,by whichhe was deluded ; that
when the deed was. executed, Mr. Brown owed to Mr. White-
head more titan 4001., and that the letter produced was. written
by his brother. •
• The correspondence was then read at great length; it showed
that Mr. Brosih was in great pecuniary distress ; but referred
to the securities proposed as complete..- Three letters from'Mr.
James eta Brown were also read to show that his testimony
could not be true.
Mr. Joseph Bruce, principal porter to the Bark of England,
provedethat, in 1818, he had, by desire of Mre Whitehead,
made inquiry respecting Mr. Brown's affairs at Clackton; that
be umierstood his character was highly respectable, and so re- .•
ported it to Mr. Whitehead.. '
Cross-examined.—. Mr. Whitehead was an annuity-broker-in •
Burlington-gardens, and parish clerk of St. Elden's.
Rydr, a gentleman residing at St. ()myth, also proved
that Mr. Whitehead made inquiries about Mr. Brown, and -
received satisfactory answers, . •
Mr. Robert Strong proved, that he advanced 8001. on Mr.
Brown's :annuity, And received it back in November, 1819;
with the interest.
It was agreed that the other parties Who lent money to Mr.
Brown on annuities were paid off' with the money borrowed of
Si: Alexander Campbell.
A great number of witnesses gave the defendant an excellent
character.
Mr..ScARLETT replied at considerable length. •
Mr. Jpstice.BEST summed up the evidence, and left the '
Jary.to say, upon all the circumstances, whether Mr. White-
head was or was not privy to 'Mr. Brown's fraud.
The Jury, at seven o'clock,, returned a verdict of—Not.

To upport this ease Mr. Peoly was first called. He stated
that in October, 18,_,
bis desire to raise
tu Mr. Whitehead; then a conveyancer,
called at the chambers of the firm of Watkins and Peoly, and
6,0001. for a client, according to
.a
written proposal before them. At the first or second interview,
be mentioned the name of his client, the Rev. William Robert
BrOwn, of Little Clackton, in Essex, who, he said, had been
for some time„, his intimate friend ; that he was acquainted
stated
with his affairs ; that he was the eldest son of Dr. Brown, of
Aberdeen, and would eventually become possessed of a large
fortune. Mr. Whitehead further described Mr. Brown as the
son-in-law of Mr. Coale, a gentleman of large property in
.E„ex, and said that he received with his wife a copyhold estate
in Great Holland manor, which he occupied. Mr. Brown, lie
said, was a very respectable man, though in embarrassed cir-
cumstances, and wanted the money to clear off incumbrances,
and to obtain preferment. He represented the estate as having
cost 13,000 k, and that it was of great value. He desired that
the knowledge of the loan should not reach Mr. Coale, as it
might destroy the expectations he had from him, and that the
• court-rolls must not be inspected, as the steward of the manor,
Mr. Hills, married one of Mr. Coale's daughters. On this,
Mr. Peoly said he thought. the title could not be accepted; Mr.
Whitehead replied that he knew the title, and would give every
requisite information. He was referred to Mr. Watkins. He
said he knew Mr. Hills, and had had business with him be-
fore or something of that kind.
On, cross-examination, the witness said he could only swear
that Mr. Whitekhead said he knew Mr. Hills was the steward.
The representations that Mr. Brown was the son of Dr. Brown,
the .son-in-law of Mr. Coale, who had a large fortune, and.
Rector of Clackton, were true. Mr. Milton originally left the proposals for the loan before Mr. Whitehead called at the office,
but did not mention Mr. Brown. An action was brought in
the name of Sir Alexander Campbell, against Mr. Whitehead,
to recover the money:
Mr. lVatkins was then called, and asked by Mr. GURNEY .on the mire dire, 'whether he had not given the prosecutor an
indemnity for the sum of 6,000/., and whether this indictment
was not prosecuted for the purpose of' obtaining the -money ;
which, he contended, he had a right to ask ; as the answer of
both given in the affiritative, would show such an interest in
the result as incapacitated him from being a witness.
Mr. Justice BEST over-ruled the question, being clearly of
opinibn that no improper motive for instituting or promoting a
criminal prosecution, however it. might lessen the credulity,
would destroy the competency of a witness.
Mr. Watkins then proceeded to state? that Mr Whitehead
was introduced to him, in order to consider the difficulties in
the way of the loan. He Proposed as securities the copyhold
estate, the living of Little Clackton, the donative of St. Osyth,
and some interest under his marriage-settlement. A document
was produced, to show that the tithes of. the vicarage produced
480/. ; ,the donative 220 L; the marriage settlement was pro-
duced, but the enact interest did not appear ; it was stated that
it amounted to 1801. a year. Mr. Whitehead stated that the
court rolls must not be searched., which met with a decided ob,.
jection. . He stated that he had satisfied himself fully on the
subject of the title : that he had prevailed on a client, Mr.
Strong, to advance 1,1001. upon it,- and. before he did so, he
had perfectly satisfied himself of the title by the examination
of the rolls. He said Hills was the steward, and the
abstract which he produced was certified by him. He
furnished a draught of Mr. gong's security, and pro-
duced copies of surrender, purporting to be signed by the stew-
ard, and stamped on parchment. He said he perfectly
well knew the steward; that he was the son-in-law of Mr.
Coale; that any search of the Court-rolls would come to the
knowledge of Mr. Coale, and be injurious to Mr. BroWn.
added, that as security to Strong, he had procured a surrender
to himself as trustee. He .was asked how he obtained this
without exciting suspicion ; he replied that, as he knew the
steward very well, he had managed to do that without exciting
any suspicion. To those appearances and assertions Mr. 'Wat-
kins trusted. The witness afterwards saw . Mr. Brown in
company with Mr. Whitehead, and asked him for references.
He produced letters to him from -Lord Buckinghamshire,-
Lord nacre, and others; addressed in the most familiar lin-
guage of friendship, and franked by . them. Mr. Watkins
then observed, that it was indispensable to have a surveyor's
opinion of. the value of the estate; Mr.'Brown begged to be
apprised of the surveyor's visit, in order to prevent, it from
coming to the knowledge of' Mr. Coale. Sir Cohn Campbell
was the party to lend the money, and all suspicions were lulled
asleep. An affidavit was, however, prepared to guard against
secret incurnbrances, approved by Mr. Whitehead and sworn.
The annuity-deed was prepared and executed on the 10th of
November, 1819, at Romford, in Essex, to Sir Alexander
Campbell, he having itgreed totake the place of his brother.--
As there had been a surrender to Mr."‘Viiitehead, it was sug-