The Sun.
London, England, 1823-11-11 00:00:00

by nhai 'the eftitrafohn Borthwick Snowilisn'thereupon d
proved
to Ode deponont'e setiefaction, that the goods then piOduce •
Mid been ;mid for ; and he then informed this deponent, that
they the Thtirtellni (meaning the plaintiff in this suit, and his
raid brother, John Thurtell), were playing a deep game, and
that there would be an explosion by and by ; that deponent,
however, still refused tobny the mid last-men tioned goods, assign.
ing as a Temkin for his refusal, that there must be some roguery,
for that honest men would not pay cash for goods one day, to
sell them at a loss the next ; that the said John Borth wick Snow-
den finally sold the said lastementiened goods to the said Thos.
Mnrgrave, one of the deponent% employers ; and this deponent
by Its order. measured and examined the said last.mentioned
goods with the invoice made of such goods by the said Todd
and Morrisons to the said plaintiff, and put them up in the
proper place in the said warehouse ; that the said John Borth-
wick Snowden a few days afterwards called again, 'and pro-
dnced at the said warehouse a third parcel of goods, pur.
„chased from the said Messrs. Todd and Morrison, then
being in their boxes, with their invoice of the eame to elle
?Wit plaintitfeThomas Thurtell, which were also bought by the
said Thomas Margrave, at a price from 20 to 25 per cent. less
than the price at which the said goods were charged in .Pte said
Van produced invoice,, which third parcel of goods were also
measured and examined with the invoice, and put in their proper
place by this deponent. That five or six other transactions of
the same nature with other goods front the said Messrs. Todd
anti Morrieens, end also of Messrs. Leafs, and in their respective
packages, shortly after took place between the said John Borth.
wick Snowden and the said Thomas Margraves, at intervals of
, two or three days between each ; but in all those live or six
transactions the geode were accompanied by invoicee, brought
with them by Snowden, made out ;n the name of him, the said
Jan Borthwick Snowden, as seller to the plaintiff, in the ca.
'parity of an agent; and he, the said John Borthwick Sn•• e den.
then substituted in the place of the aforesaid original invoices
from Todd and Mormons to the said plaintiff, which he
had deposited with the said Thomas and Loftus Margrave, on
mehing the scrotal and third sales to them herein mentioned,
falee invoices of sale of those goods,purporting to be front him.
self as,an agent of the said plaintiff anel took away with him
the said true invoices of Messrs. Tod 4 'find Morrison:. That
in the month of June next following these transactions, and
now last past, this deponent read in a certain newspaper a re-
, port of the trial at :Niel Prier of this cause, whereby this de.
taelit discovered the reason of the above mysterious sales by
eettee said John Borthwick Snowden; and this deponent has
• ounce examined the copies of the invoices from the said Todd
raid Morrisons, and front the said Messrs. Leafs, of goods sold
ley them respectively to the said plaintiff, produced on the
said trial by the said plaintiff in proof of his loss, and of
the particular goods consumed by the fire in question in this
cause; and he positively saith, that the goods mentioned in
such copies of invoices correspond in all their details and par.
Aitulare with the goods, so far as aforesaid sold and delivered by
thetaaid John Borthwick Snowden to the said Thames and
Loftus :Hargraves, and that two of the invoices so produced
by the plaintiff on the said trial were verbattni the same as the
two Invoices of Todd and Morrison% to the plaintiff, which
ix:comp:mild the second and third deliveries of the goods to the
said Thomas and Loftus Margraves, which were stated to
have been bought by the plaintiff of the said T odd and bleat
or-
X 130104, as herein-before mentioned. And lastly, this depon
eaith, that all the goods aforesaid were brought to the ware.
hoese of the said Thomas and Lolute ,Margraves, by a person
of the name of William Ennison, in 'company with the said
John Borthwick Snowden, which William Ennison this tie.
?orient has since seen frequently serving and selling beer
and liquors in the bar of the COCK public.house, in the Hay.
market, in the city of Westminster, during the time the sett(
pualie.house was kept by the said plaintiff; and thet
the said
Mime-
d;ately after tile aforesaid several deliveries of goods to
Messrs. Thomas and Loftus Hargraves were respectively
eeleted, and before the said John Borthwick Snowden left the
said warehouse, the said John Thurtell, the 'brother of the
pieintifF, came into the said warehouse and inquired for the.
said John Borthwicl; Snowden, and required of him (the said
John Borthwick Snowden) the proceeds of the said respective
IT
The Lord Chief Justice DALLAS.—When was this affidaeit
sworn ?
Mr. Serjeant TADDY.—On the lfith of October last, my
Lord. I have also, my Lords, the affidavit of a person na
con-
med
:Matt, who is now confined in Hertford gaol, relating to a
versation stated to have passed between Lint and John Thum%
lie then read the following :
"Joseph Hunt, of Cumberland-street, New-road, in the
,ceurity of Middlesex, but now a prisoner in Hertford county
:gaol, a public singer, maketh oath and saith, that in a conver.i
nation which he (this deponent) sonic time since held with John
Thurtell, the brother of the plaintiff, relating to .a certain fire
',tech heppened some time since in Vil'atling.etreet, London,
at the warehouse of the plaintiff, be (the said Thurtell) told
. thiedeponent that he (John Thurtell) knew the exact time at
which the said fire would take place; for that a certain light
,bed been so placed as that it should cause the firing of the
Rouse at a particular time; and this deponent saith, dist the
al f John Thurtell at the since time suggested to him (this de-
poi:eat) the ease with which money might be got, by this
deponent taking a house in the blacking business, in Maryle.
bone parish, and by insuring the same in a certain office which
'he named, and then causing the premises to be set on fire ;
std Olathe (the said John Thurtell) would provide the money
.areedessary for the purpose.

" JOSEPH IWNT.

" Sworn at Hertford, Nov. 8, 1023,
before Mr. Alediander, Comm &e."
Air. Justice BU anoint se.—Who procured this statem
t's eSe.
nt
frcra Hunt 7—A Gentleman (we presume Mr. Beaumon
lictor) rose up in the Court and said that he haular reason Ice
d.
.Mr. Justice lionnouclit.—l had a partic
*eking.
Lord, the affidavit
Mr. Serjeant TADDX.-4 have also, my
'ef Mr. Beaumont, which states, that the Grand Jury of Mid-
alleeez .have found true bale against John and Thomas Thur.
HO, John Horthwick Snowden, and Anderson or Enuison, for a
conepiracy to efraud the Cun:y Vire-office inis ver ese.
l'l.lr. Justice Bonito notto.—l retnentber a casein they King's
'Jlencit, whee A motion for a new trial was made on the ground .
of bills for perjury having been found against the pruicipel
:witnemee, and it was refused, and I think properly.
N. Justice PARK.—Having had ,an intimation that this
-motion was to be 'made,- have looked over cue booke and
ifessent them full of snub applications. I met one case, where
the ground of the motion was, that a bill for perjury had been
trend agistrutt the principal winiesses. In that came, Livd
-.lrfansfield said, that the granting the rule on euett a ground
,would have a most dangerous tendency, as it woulil open a doo A
r
fer constant meow of perjury, for a party who Might have
',verdict Against him might prefer a bill fur perjury against some
of the witnewee, and then call fir a new trial. ills Lordship,
therefore, refused the rule.here is another
ti case reportedmad in
" Mettle and tielwyn," in whTich a similar moon was e
*hereto Lord Ellenborough ; but his Lordship,
fafter phointin ruleg
• eel the dangerous tendency' of the precedent, reueed te
with costs.
Lord. Chief Justice DALLAS—T%-re is another case, in
:which my brother Pell was engaged, wnere an application Anil.
Jar to those mentioned by my learriod brothers Wai made, and
refuted with costs. •
ierjeant Tann-e.—My Lords, I do not rely upon this al&
devit (of Mr. Beaurnont'e) alone, but it being among my in-
*auctions, r theligitt Urn), duty to mention it.
Lard Chiefa!netice Dannaa.—l think it better that you
she-old take your rule, but not cm the last point (that or the
.flnding the bill fur the conepiracy) in the affidavit of Mr. Beau.'
orient. fully agree in what was laid down by my learned
. Leather Perk in his address to the Jury, and therefore that the
vcr,'.iet cannot be disturbed on that ground.
newt:oar Judges concurred in this opinion.
Serjeant VAUGUAN suggested to the Court, that under
tlits circumetences of the case, the rule should be granted upon
permit of costs by the defendant.
The Loan CHM' JUST= consented that the payment of
ceiant should be a part of the rule.
Mr. Justice Btraitouno.—Tlitere is little, if' any,reliance to
belltieref nn the affidavit of Hunt. .
ISlreSerjeant Tarome-There ale°, my Lords, another
iffidaVityMbieb goes to support the presumption, that at the
time of the fire Thurtell had no property on the premises. The
affidavit to which the Learned itierjeant referred was to this ef-
feet —" Simnel Robinson, of No. 7, Watling-street, in the City
• of London, warehouseman, meth oitit and fetich, thut between
ch. boors of half.paet four and five of • the clock, in the
tnotaing of Sundey, the twenty-sixth day of January last, be
quit awoke by the cry afire, when looking from his bed.room
srindovr he :law the shutters of a room on the first fluor of the
house- numbered 93, In the said steeet, immediately opposite,
ere; which room eras in the occupation of the plaintiff,
Thomas Thurtell, as this deponent is 'Awned anti helieves ;
that is a very short time after the suid elarm of fthiire, the afnentore..
said shutters fell down, 'piece by piece, when she
phi* 'USW that the said room was empty ; that this deponent
subeequently had a clear and dietinet view of the said
room ea on fire, from different windows :of this deponent's
esid residence—namely, from the windows of the first, second,
and third floors; an this deponent plainly saw the tOolt:
of the floor of the teem, and he perceived the wainscotting at
them* end of the said room to be on fire, but he did not see
or perceive any stuff goods or other goods iu that room, or any