The Sun.
London, England, 1841-08-20 00:00:00

he had never indorsed the certificate, and that he had
never given such an authority to anybody, and there-
; fore the indorsemsnt was made wrongfully. At all
events it was Somerville's duty to pay the poor man, who
was in a deplorable condition, the instalments received,
and to return the certificates.
Somerville said he had documents and witnesses to
prove that he never committed the forgery, if forgery it
could be called.
The LORD MAYOR—You acknowledge that you re-
ceived the instalments, and that you have the., certiti-
cates?—Sornerville admitted that lie had received the in-
stalments, and that he was in possession of the certifi-
cates, but he suddenly shifted into a new ground of de-
fence, by asserting that Scott had sold him the certificates.
Scott solemnly declared that he had never done any-
thing of the kind. It was true after he had met with
the accident which disabled him, he had expressed his
willingness to dispose of his certificates for ready money,
his sufferings and afflictions were so much aggravated
by the delays which took place, but he had never sold
them to Somerville.
Captain Roberts assured the Lord Mayor that no cre-
dit whatever was to be given to the assertions made by
Somerville, the nature of whose character and principles
was to be estimated by the very last excuse uttered by
him, and for which there was not the shadow of a foun-
dation. Somerville was exercising all his ingenuity to
give the case a civil law complexion, but he would not
succeed.
Somerville said that he was most wrongfully accused.
Ire had shown that his intentions were unexceptionable,
by supporting Scott in London for several days, in order
that the man might not have it to say that he was pre-
vented by want from remaining to prosecute for the al-
leged forgery. He now courted prosecution, and was
convinced that he should not act justly to himself if he
coesented to pay without the withdrawal of the charge
or prosecution. Besides, there were a great many other
persons in the same situation with Scott, with all of
whom he should be able to settle the moment the Spa-
nish Government acted fairly to him.
Scott stated that it was fully evident that Somerville
never intended to let him have either money or certifi-
cates, having offered to compound for I3s. in the pound,
and afterwars sold the certificates for 10s. in the pound
to other parties, without having received any authority
or permission whatever.
Somerville—Why, I have evidence to prove that you
Sold them to me, and I have evidence to prove that they
are not a marketable commodity ; and, suppose I
pay you the instalments, what security have I that the
Spanish Government will stand two years, or whether
Espartero or Castaneda will pay me what is due to me ?
Mr. Dufour, the solicitor to Signor Castaneda, stated
that the object of Somerville palpably was to depreciate
the documents which the poor adventurers possessed,
but no effect of the kind would be produced. The certi-
ficates were worth full twenty shillings in the pound, as
Somerville well knew, and the instalments would be re-
gularly paid. He had in his hand a document to prove
that Somerville had received the unfortunate complain-
ant's two instalments when they were due.
Somerville then requested that the Lord Mayor would
read Scott's letters, which were in the writing of an
amanuensis, to prove that the certificates were regularly
and bone file made sale of by the owner.
The LORD, MAYOR, having read the letters, observed
that they made the case against Somerville still worse ;
for they expressed extreme anguish and destitution, and
showed that the person who could read them and con-
tinue to detain the poor man's property must be heartless
indeed. his Lordship said that the letters contained
nothing like a sale of the certificates, though the de-
plorable condition in which Scott was, would evidently
have made a sale, even at a sacrifice, for ready money,
acceptable.
Scott—You see, my Lord, that he received letters
enough of expostulation and entreaty from me. I declare
in the presence of God, that he never wrote a word in
answer to any one of them, and you *see to what use he
now endeavours to turn them.

The Lord 11Iayer and Captain Roberts again called
upon Somerville to pay the instalments, and return the
certificates, for the detention of which there could be no
justification.

- Somerville, after railing against the Spanish authori-
ties, and referring to topics which had no relation what-
ever to the cruel misappropriation of the poor man's
pay, spoke in most insolent condemnation of Signor
Castaneda, and provoked the Lord Mayor to say that the
defendant was merely speaking against time and with
the view of pouring embarrassment and confusion over
the simple question of the base treatment to which the
disabled complainant was subjected. His Lordship,
having expressed himself with great indignation,
Somerville assumed the air of a deeply-injured man,
and asked whether ho was to pay upon a doubtful docu-
ment, because the applicant happened to get himself half
killed ? He desired, in a menacing tone, to know why
Castaneda himself was not present to give evidence as
to the practice of defacing the documents, for the re-
ceipt of the pay, and other mysterious circumstances
connected with the subject ?
Mr. Dufour said that he was ready to answer any
question that might be put to Signor Castaneda, and he
auu wan
upon which the name of Somerville appeared as a wit-
ness. That document, he apprehended, it would be dan-
gerous to Somerville to have exhibited.
The Loup MAYOR, after looking at the certificates,
asked Somerville whether he had not said that he never
was at Belfast ?

Somerville said that ho never in his life was at that
place.

- The LORD MAYOR—How then does it happen thatyour
name appears to the certificate as if you witnessed the
indorsement at Belfast ? Somerville—l have always
signed in that way. It was requirodby those for whom I
acted as agent.
The LORD MAYOR—Here is the name of Scott on the
back of the certificate. Scott says that he never wrote
that or authorised it, and you sign your name as having
witnessed the indorsement. How is that ?—Somerville
said that it was in that document the alleged forgery lay,
and he should call a witness, the very man who had sup-
plied Captain Roberts with a list of claimants upon him
(Somerville) for the amount of instalments, to prove that
the charge of forgery was wholly unjust and untenable.
He admitted that the case was a clear case of debt against
him, and that there were very many other cases of debt
against him, all of which he should liquidate when the
Spanish Government should act as it ought towards him.
Robert M'Cormick was then called by Somerville. He
stated that he belonged to the Spanish Legion, and that
he had seen a man of the name of Anderson write some
of the letters addressed from Scott to Somerville on the
subject of the certificates when Scott was in the hospital
on account of the injury done to his arm. Witness said
Anderson indorsed the certificates with Scott's name,
upon the recommendation of witness sad the family of
Scott, in order to make Somerville agent to receive the
instalments. Witness said distinctly upon the occasion
that if the bills were not endorsed the money could not
be got. He had been materially served by Captain Ro-
berts, to whom all the poor men were under obligations
for kindness and sympathy, but justice demanded that he
should come forward and make die statement he had just
uttered.

Ia answer to questions from Captain Roberts, M'Cor-
mick stated that he had never and that Somerville had
forged the indorsement.
The Loup MAYOR observed that whatever effect the
evidence just given would have upon the imputation as to
forgery, everything that had alpeared either by docu-
ments or by oral statements, admissions, and assertions,
made the claim of the poor complainant more undeniable,
and more strongly marked with the character of unfair
dealing the course pursued by the defendant ; and now he
(the Lord Mayor) again called upon him to give up the
instalments and the certificates. .

Somerville-711y Lord, it was asserted in this room
that there was a clear ease of forgery against me, when
there was nothing but a clear case of debt. lam willing
to take my trial, if your Lordship thinks proper to com-
mit me.

The LORD MAYOR—If you do not pay this poor dis-
abled man, and return him his certificates immediately,
you are wholly unworthy of the notice of any One, ex-
cept as a person to be carefully avoided,
Somerville—Why, my Lord, the documents are not
marketable.

Mr. Dufour then, in answer to Somerville, stated that
he was not aware that there were duplicates of any of
the certiticates, and that he had never heard that there
were forgeries of certificates known to Signor Castaneda.
f ,wry mer
ivillel wnish? to know whether the charge of
Mr. Nobler—lt is admitted that you did not write the
ti name
your name appears strangely as witness to the endorse-
ment at Belfast, although you declare that you never
ithedortatwo n the back of the certificate ; but
Were at Belfast, and you prove that the name of Scott
was written by a man of the name of Anderson.
Captain Roberts, whose exertions for the benefit of
the unfortunate claimants cannot be too warmly com-
mended, stated to the Lord Mayor his belief that Somer-
ville would not part with one shilling, or one certificate,
however wretched might be the condition of the poor
fellows who fought and bled for what he had in his pos-
session. He —e (Captain Roberts) declared that he would
not take twenty-two shillings in the pound for the pay
due to him. •

The LORD MAYOR then quitted the Chair, assuring
those who were in the Justice-room that Somerville was
wholly unworthy of credit or notice.
Sir P. LAURIE, on Wednesday, mentioned that he had
received several letters from numbers of the Spanish
Legion, complaining of the conduct of Somerville in
.de-
taining their instalments and certificates, and stating
that the " worthy agent," after having received the cer-
tificates, never took the least notice of the letters tip,_
seething him to take the miserable circumstanp
clients into his compassionate considerp• (:-
o,ion. ~es of his

UNFORTUNATE AeCIDENT.--We are sorry
to observe, fiom the Jersey Gazette of the 9th inst., the
death of Mr. William Clerk, fourth son of Sir George
Clerk, Bart., of Ptlliiettiok, M.P., who was unfortunately
drowned (Irt the 6th inst., at Grosnez, in that
island: it wears ho had gone from Oxford, in company
with two young gentlemen from that University ; and
while standing on themxies, where they had climbed to
see the tremendous surf, a huge ware swept him into the
sea. .So great was the swell, that no boat could be
brought into the bay until the sea subsided, when his
body was found, on the Monday following. Mr. Clerk
was a young gentleman of high promise, and had lately
gained several prices forsupertor proficiency in his studies.