The Sun.
London, England, 1823-02-26 00:00:00

THE KING V. BROWN AND WHITEHEAD.

This was an indictment against the defendants for a conspi-
racy to defraud Sir Colin Campbell of a sum of 600/.
The trial of this case lasted from two in the afternoon until
past nine in the evening. The prosecution • was conducted by
Mr. SCAnLE're, Mr. DENMAN, and Mr. CORA47OOD, and
the defence of Whitehead by the Soli UtT oti-GEnEltat., Mr.
OUItNEY, and Mr. ADOLPHUS. The defendant Brown did
not appear.
The folloking is an outline of the case :—Mr.. Brown Was a
Clergyman of Essex, Vicar of Little Clackton, near Colchester,
and the defendant, Mr. Whitehead, was a money agent, brow ht
up in the office of Mr. Howard. In October, 1819, Mr.
'Whitehead applied to Messrs.. and Watkins, Atternies of
Lincoln's Inn, to raise a sum or 6,000/. for Mr. Brown, if they
had any client who would advance the money by way of an.
nuity. Ile stated that Mr. Brown was the son of a gentle-
man of rank, the Provost of Aberdeen College, from whom
he lira large expectancies, that he had married the daughter
of a Mr. Cole, of Clackton, in Essex, from whom he likewise
expected a large fortune ; that his Vicarage was worth 4001.
year ; that he had the donative of St. Osyth, worth 2001. a
year ; and that he had a copyhold estate of the manor of Great
Holland, which his lather-m-law had given him, which would
fetch him from 13 to 14,0004 but be made it a sine qua non
that the Court Rolls should not be searched, because another
son-in-law of Mr. Cole was Steward of' the Manor, and his fa.
ther-in-law would • by that means know that he was raising
money, and might in consequence disappoint his expectations..
But Mr. Whitehead said, that he himself had searched the
Court Rolls, and that he had found Mr. Brown's title to be
quite satisfactory. After some negociation, an abstract of Mr.
Brown's tide deeds, together with regular attested copies of the
admission* and surrenders, were produced by Mr. Whitehead,
chewing the title to be clearly in the latter. He also offered to
produce an affidavit of Mr. Brown's other means of giving se-
curity for the proposed loan. Being deceived by these repre-
sentations, Messrs. Peoli and Watkins did not search the Court
Rolls, and advised their client, Sir C. Campbell, to advance
the money, which he did accordingly, and the annuity deeds
were executed. It turned out that the whole of these docu-
ments were forgeries; that 31r. Brown had no estate in Great
Holland • that the estate was die property of his father-in-law ;
that his living at Little Clackton, instead of being worth 400:.
a year, was worth no more than 2001. and that his donative of
St. Osyth produced only 20/. a year. It appeared that Mr.
Brown had absconded, and was gone to America. During this
transaction both defendants were frequently together.
The defence set up for Mr. Whitehead was, that he himself
had been deceived by Mr. Brown, and was deluded into a be-
lief that he was possessed of the means above mentioned. A

long correspondence between the defendants was read in evi-
dence to support this ground of defence.
The Cum' JusTici;.: charged the Jury, that the question
for them was, whether Mr. Whiteheadwas knowingly privy to
these fraudulent representations, fur if he was deceived himself
by Mr. Brown, he would not be within the scope of this indict-
ment.

The Jury immediately found both Lfendants Guilty.

COURT OF COMMON PLEAS, FEB. 25.
COU.DINULEY V. ROGERS.

Mr. Serjeant Vaticifiast stated this to be an ection of tres.
pass and false imprisonment, arising from the following circum-
stances :—lt appeared that the plaintiff and two other persons
were in a public house called the Still, in Barbican, when the'
defendant came in, being at the time in a state of intoxication,
and several bets were made between them. At last the de.
fondant was induced to lay a wager that the others could not
hold apiece of paper over the flame of a candle for the space of
one minute without its being consumed. In order to ascertain
the time with precision all the parties pulled out their watches,
and the defendant took off the case from hi* watch and laid it
on the table. A female was in the room during the formerpart
of the conversation,_ but left the room soon after the production
of the watches. The defendant having some suspicions of the
patties with whom he had been betting, charged them with
having robbed him. A constable was sent for by the desire of
all the parties, and finally they all went to the watchhouse to-
gether, where the defendant repeated his charge, and the others
promised to attend before the Magistrate at Guildhall next
day, which they did, and the charge was dismissed, but they
wore reprimanded for their conduct. For this imprisonment
the present action was brought.
Witnesses were called who proved these circumstances.
Mr. Serjcant PELL addressed the Jury for the defendant:—
This was dearly nothing but an attempt to take costs out of the
pocket of the defendant. No malice had been proved against
him, but, notwithstanding the circumstances which reflected in-
finite discredit on the plaintiff, he had chosen (and each of his
companions had imitated his example) to bring an action
against the defendant for this impretonnient, so that on this
petty drunken squabble no less than three actions were de-
pending.
The Jury, interrupting the Learned Serjeant, found a ver..
diet for the plaintiff; as no justification had been pleaded, and,.
gave damages—One Farthing.
Mr. Serjeant PELL then moved that, as one farthing, in
it case of false imprisonment, would carry costs, his Lordship
should certify,. under the 43 Elizabeth, c. fi., so as to deprive
the plaintiff of them.
Mr. Serjeant VAUGUAN submitted, that there .was nothing
to support the slightest suspicion of the plaintiff's having taken
the watch ; anti that his Lordship would hesitate before he ex-
ercised the power given him by the statute, which, however
wholesome, Was seldom put into practice.
Lord Chief Justice DaLtas, turning to the Jury, said, this
is in many respects a mysterious case. One thing, however, is
clear, and that is, that the defendant, bk.some means or other,
had lost his watch, for it is in proof that he made the charge,
and that the other parties consented to be searched. I know too
conch of the nature of crime in its commencement to view this
transaction as perfectly fair and proper. When I hear of three
persons batting with a drunken man, anti offering to stake their
watches on foolish bets, and when I find the watches produced,
and that of the defendant lost in some unaccountable manner,
I cannot divest myself of the suspicions naturally created by
the statement of such circumstances. They are, indeed, only
suspicions, but still they force themselves on the mind, and are
not easily to be avoided. - I think, Gentlemen, you have acted
very properly in returning a verdict for one farthing, and I shall
confirm that verdict, and sties' my approbation of it by render-
ing it operative on the' plaintiff, whose conduct I consider at
least as highly improper, I shall therefore exercise the power
given the by the statute of Elizabeth, and I shall grant a certifi-
cate. to deprive the plaintiff of costs.

A Court of Aldermen was yesterday held at
Guildhall. The Bishop of Bum Tor. and Dr.
BLONIVI ELI), Archdeacon of CotcllEiTyx and Rec-
tor of St. Botolph, Bishopsgate, were requested
to preach the Spiritual Sermons on Easter Mon-
day and Tuasdny next, tit Chrin Church, Neii-
gate-street. The Rev. Dr. Povs.o was elected
to the Rectory of St. James, Dukespiace, in the
room of the Rev. Tuns. Moony., deceased. The
Court were occupied a considerable time in bear-
ing a complaint against one of the brokers, which
was adjourned.

A Fire broke out this morning in I)rapers'-
huidingS, at a hat-manufactory,
about half-past nine o'Clock, nhiCh in a short
time consumed the premises.
THE EDDYSTONE LIGHT.IIOOSE.---ThP bril-
liant lamps which morn this pyramid, situated in thi Chan.
nel, about seventeen miles from this port, and at all times, in
clear weather, visible from our citadel, ar2 attended by three
Men ; two ever within its walls, and one on shore, the latter
relieving, alternately, his fellow-servants, so as to give each
a month in three on terra firma. The Trinity Board have a
tender for the purpose of supplying provisions and requisites,
and occasionally cruising out to ascertain, all's well." In
stormy weather the Eddystone is not to be approached suili-
ciently close for communication ; and the effect of the dash-
jog is such as to excite astonishment in the mind of
man, generally supposing, as he is induced to do, that no hu-
man superstructure could withstand their almost perpetual and
seemingly irresistible force. The effect felt within is such as to
require more than ordinary nerve to repre_ss 'the impulse of fear.
During the late severe gales, the inmates witnessed many novel
circumstances, and some very Cheering ones too. A. man,
now on shore, relates, during the snow storms upwards of
fire dozen of birds were taken by himself and comrade who
" fared like sons of kings." T ' The birds,' which were
woodeocks, partridges, and Ltrks, attracted in the night by the
light of the lamps, were driven with such force against the
plate-glass, as to render them easy captives, if not " dead
game."—( Plymouth Gaz.ette. ) '

PARLWIENTARY PROCEEDINGS.

TIOCSE OF COMMONS•

Mattis, 9.5° die Februarii, 1823.
ELECTION—DubIin County—Petition of Francis Savar
atd
Thomas Sherrard, Freeholders, complaining of ; to be taken
into consideration-upon Thursday, April 17 ; Mr. Speaker to
issue Warrants for persons, papers, and records.
I•sc LostraE--Cmydon (Surrey)--Bill read a second time:od

commuted.
ROADS—Norwich and Fakenham, Leeds and Wasta Lin-
coln Heath, Okeharnron, and Bury St. rdinund'i and Saf-
fron Walden-,—Bills ordered. - Lanarkshire Road
BAnk

to rectify a mistake in, reatl a first time. 141ItseY
Foot and Huddersfield—Petition for Bill reported. Gree''
field, Market Harborough, and Hinckley and butterwort)--

Bilk read a 2d time, and committed. rti•
I NIPROVE3I)!NTS--Mantifield--Petition for Bill 4°-
il AW BRIDGE (Severn) BlLE—Petition of Own.'"
Darlington-111U ordered. .
and Ora.
piers of Houses and Land, and other Inhabilants of Tewkl*
bury, against; referred to the Committee t' t!:e Bill; C4°3l.
sel ordered.
ROMAN CATHOLIC Cr.al3l3—Petition from ChiPPenhsuli

ji,%:.ws:TAlElT:stgr(ToTreiann; kt°-s,b,i_cp.—Halifax—oßill4ordiertinl.
na nanyg3irly,
_AANOAINST :ettaT BitortituncnKlut‘t"gtomli:cona the taroe•
t.: .'ALS—Western Junction—Bill'onicred.
GAS Li en T---Chestertield
MAIN' V` *
.. ac Pen (Act Amendment) , -- d
BR rnc E—Southwaik I ,rte d.
and
s a
SIIAL ID . Erns—Petition front the ifilndred i3f Dostnter!,4n-ei
Clayton, and the Town of Woodbridge, in favour o' a'
Debts Act; to lie on the table. °'
AssEA T
- sm.' AXES—Petitions from Temple, St.
Castle Precincts, Bristol, for the 1
repeal
therof; toile
the table. r for the
GEN • T
LEAL ORNPIKE ACT—Petition from Elete"
__oamendment thereof; to lie on the table.
~,._ „of Lima
li USE. AND WINDOW Tax--Petition Of Live__H;Per.„-p-reof; is
and louses in Monckton Coombe, for the teri" "--
he printed. mire into°
SEWERS—SeIect Committee appointed, "to IP, f series'
i powers rested in and exercised by the Commissionexso
nd
00.
if the Metropolis, and to report their observation!? Mo.
nion thereon to the louse:"—Mr. Peter Moore, g',hoo,
Inlaairr:e_i•tt;olwlerr.
Smith, Mr. Leonard, Lord Duncannon, Sir Jamesl? 010
Mr. Hutchinson, Mr. Gienfell, Mr. Diekinson, Sir
_food'
t Peitiiitvicims
refot.
Bunlett, Mr. ilobhouse, Mr. Calcraft, Mr. Aldermati t.
Mr. Ellice, Sir Robert Wilson, Mr. Thomss Ncil.4l,g,
Smitu, Mr. John Pane, Mr. Marjoribanks, sod 11; tc
tßomgdsendenfo' rsplerrso. Mt:, rd:;pelSrs,ir.
to be the quorum. and
to

..--
NOTICES OF MOTIONS• for TIIIB 1)1°1''
L Mr. Aroolrychell'hitmore—To amend the Corn 1,0 uo.
.TI 3leas ~.of
2. Sir George Clerk—Bill to regulate Weigh" "- initsn"
3. The Lord Advocate of Scotland—Bill for the cant
the Scots Creditors Act. , ~„cil resPtc'
.1. Mr. Ilume—Correspondence with the Frig'}' ''c'"'"ocy, ,
ing the Staff and cloathsin_vergErooN:fdrelttil,rt.jere.....sati;ilooriipli:gitn.itiletittfr'nle,sf )010bitl
3. Mr. Goulburn—Bill for the better reco'eri `b theme'
money, and the repayment of advances ovule Y
of First Fruits in Ireland. Of.
ORDERS of the DAY for THIS D.
2.1 BWuPar!ya—ndeo.3mlelinitstf-etommittee.
3. Lanarkshire Road Bill—Second Reading.
4.61. TransferlMr.'eu6 Tihn Thomas
it of 6a
sA. c
oi
NOTICESd Bill—Secondst r
tB ci Bill—Se .C. Exchequer Bills (20.000,000/.) Bill—Secw6 e
Reading. i a akblig.
nrt AY.
• f r t•I'W"
.2.
sinerni
Jed:hi:gni) 21;..!ewtohnipollnindar_Ticiu/B:ll:B22::::o:rforegalluall}arbotnie:itnitlietotseime.thouenptuog,rfcti;f4.:
3.
Sir fj tohhen s eNveewrsiporCto—urgilieptooftlnraleulae-ndu.:re
efrate.a.l foll„Lat ig;
mfocro.ruitelicrretiouoEnglheetoafmroo_nra,:adanidsitoutroyrsee,cltsstir:sstilutee.:;tersgti"ontart::lan.::: s'iti''
ties of County Treasurers, and of officers 11'1'1
Vet
Friday, c'. 11
regulate the e
and Ale.

tl:4
Tuciday, lila reit 4. . „;ilanific.
. arniecoueiNnvdt aP"e"edarochiaoln
1. Mr. Phillips—Poor Rate Returns .; tli4t,iTf rrore ia,o
Relief
.inti di
teo ni
2. Mr. Curwen—Return of the number ocirj, a Co'
erel an
3. Mr. .Marryat— Information ' '6'l' -
resp(L gri i 'LIG
-1 ACt
nation Cr.tizers (deferred from Felb",;'',J sinew dsao
4. Sir William Cuningham Fairlie-1"-neut of Do to o
. Geo. 3, C. 51] to encourage the 1011'T°'1,r setticn'e
Tenements, &c. in Seoilund held un
. stnct entail. ') inf"'
Tuesday, April 15. late e.r (?4,-`'
Mr. Brewnlow—lllotion regarding the,
tl%
1:11,
mations in Ireland. fd Tfils
PRIVATE .11II4IS--SECOND REATOXI39 ---r
Went'
L Portman-square Improv
2. Burslem Small I)ebts.
t')inbuetir;ekinlu)Potejl w '

r
t
I'S CASE, °'•011

*** Fur LORD PORTS)tOUT

PRICE OF FORi ? STOCKS
India Stock ..........
India Bonds ... ........
South Sea Sig ... .
Old Annuitio .....
EX. Bab. ............
Ditto Frtual ••••""
Runk for Act. ... . . t'.
India Or Coo. it
Cons. for MOW"
I4CSIi.
IGN'S'I74"OaS IN LOND-`

PR ICE 0
THIS DAY AT

{OT ONE o!ct.oes:•
Five per Cents. 781.
Six per Cents. 00. ~ . ir,)
Five per Cents. (31etaitte) - •
Ditto New 73. gOf
Ncheanpioli, tan ,if
s}}6.:cr2iiv%i.ieeili,,eetrrto:.;:,'eenntt.i.l(l4:inetitafti. ;I'ool
Austrian
~,
{Five per Cent. Bonds. 34'
New Ditto 331.
Scrip, 334.t'dise. ,_ „a 1 i
Pritshian i Five per Cent. Bono, it.. ,
-1. Ditto New, :75•- - ' #v
1:::: Fire leer ti;eimrlCnienoto...l3,ondifi 113" if
Colombian Six per Cent. 'lands, 411. , .
( Bank Shores £2! As.
American ) Six per c..lit. 00-01.
t„
i Five per Cent. 95A-- ,fi•
t,Three per Cent. UN--A

French

R usiiart

Spanish

t., 11101-:>°11114
HMI/ WATERIer LONDON lIRIDOTJ /
"
1
Monk' g. 37 minutes 3 I Preningt "
after

r.,
stJ
•
S°I.E2II OVIS 11.1CP111. rArseg

•

LONDON., 6 103'
WEDNESDAY, FEBRUO;

ate
IV
•
The French Papers continue to it'dic e tie
approach
of iloStilitie; ; but at the pi
f tiO
they slew the increasing unpoPulaillY cioVl`t
warlike policy of the Government. frl"' *,vbil'
interruptions given
makin to Mr. Materta7peio,
ga Re to the Chamber a dit 01
t I cre tiitl'
ties, respectint, the supplernenia ~ .
D f fe°ll4 '
1°°)":000f.) prove the intettsitY °-

which the designs against SL►ain are resisted by
all but the Ultra Royalists.

•
FIZENCII FUNII3.—FEI3. 9.9., .
Five per Cents.
Highest
• . Closed at 79 f. 60 c.
Neapolitan Five per Cents.
Bank Rock —1435 f. . c.
Exchange on London—One Month... 25 f. 50 c•
'Three Months 25 f. 35 c.

If the Brest fleet has sailed for Cadiz, it is
expected that it may come in contact with the
two ships which were sent to Cadiz from this
country with gunpowder, immediately on the re-
peal of the Order in Council prohibiting the
exportation of warlike munitions to the dominions
of Spain! Will the French squadron suffer
the powder-ships, if it encounter them, to enter
the Spanish Port ? We apprehend not ; and in
that case, the question of our neutrality will be
decided by the shortest course that is possible !