The Sun.
London, England, 1802-12-02 00:00:00

ar,der" Biown, from the 2d of Oetober to the zed
of Oaober 1798 ; the Jury should see it—ln the
mean while he would read it as acurions wticle—
Oaobei 2, 1798, Cash (a once) - .so e
Silvu Watch, . •
, .
.. 6 6
Silver Chain and Key, . - - o 16
Silver Buckles, . - - - - 2 2
7th. Cash, . . - . 20 ei

So that here were about Sol, in five days, and
the account was made up as it Were by weeks.—
Again,
From the 7th of Oa. to the t4th—Cash, ,C. 20 6 0
Check Shirts, . _ - . i 1 i 6
Linen, ditto, . .' - - - . z z o
1.4112. Cash, - • - - 30 0 0
This, with the addition of 41. lasted until the
22d, and them—

zz.—Cash, ,C. 5o o o
•
To this was added a modest charge by Mr. Hart,
in the true Jewish stile, that was, to say the worst
of it, for he should be sorry to say any thing to
the prejudice of the best. The charge which Mr.
Hart made was, to- his own commission, 51. 3s.
Now, to be sure, this was modest to charge a
Sailor this sum, .by the Defendant at Portsmouth;
for receiving his own money. In a word, this
Defendant, after stating in a lerter of his own
hand-writing, that there was no money paid to this
Sailor but 61.95., and that he had received about
2501., as would appear by the evidence of, his Agent
in town, there could he no doubt about the verdid.

Mr. Gi zes said, he could prove every word of
this, for, as had been said on a former occasion, lie
opened the circumstances of this case with the vera-
city of a Witness.
On application to the Defendant for a settlement
of these accounts, conscious of what he owed, but
relying on the difficulty which might attend the
proof of the Plaintiff's case, he asked, " What
he would take ?"-14 Why,"
,said the Plaintiff,
" to get rid of you altogether, isol."—" I will
consider of it," said the Defendant, not so much
as saying, the sum is not due.—So much for the
integrity of paying 281. into Court.
It then appeared in evidence, that the Defendant.
had sent letters to the Plaintiff at Greenock, pre-
cisely as opened by Mr, Gisps, which were read,
and also that he received, on account of Alexander
Brown, various sums of money on account of prizes,
to the amount, in all, of about 2501., and, there..
fore, the balance due to . the . Plaintiff (after taking
the money out of Court, &c.) as administrator of
the deceased Sailor, was 2241.
Mr. Gautow, for the Defendant, said, there
was no person in that Court who would be more
satisfied than he should be that the Plaintiff
should have a Verdiet for every shilling that was-
due to him,. provided the-Case was clearly made
out against the Defendant; .who was his Client ; but
it was"the charaderistic of the Laws of this Coun-
try to have no regard frit-persons, but have the same
measure of Justice for the very worst as for the very
hest of men. He had watched the proof, and
found it was .satisfactory in this Case against his
Client, and there his duty.encled ; unless his Lord..
ship should hold that the Defendant ought to he
allowed something by way of Commission for the
trouble he..had in the business.

Lord ELLENBOROUG4 'said, he would advise the
Defendant not to press that point, because, if they
did, he should submit to the Jury the propriety of
allowing interest on this money ever since it had
been in his hands.

Verdiet for the Plaintiff, Damages 12+1.

2DMONSON Xll. -MONTILTII.

This was an Anion 'upon a Promissory Note,
given by the Defendant to the wife of a Gentleman,
while she lived in a state of separation frcm her
husband, but who' afterwards became reconciled,
and lived together; and the Note was indorsed
over by the husband to the Plaintiff, who became
a holder of it for a valuable consideration : It was
for money' lent by_ this Lady to the Defendant, to'
enable him to carry on his business, which is that
of a Chemist, in the City.

The defence-which the Defendant instructed Mr.
ERMINE t() set, up was, that at various times there
.had been settlements of .accounts between him -and
the Lady who lent him this money he was
obliged-to allow her, at each of those times, a cer-
tain sum, sometimes five, and sometimes ten guineas,
to induce her to continue lending him money ; and
that he was cons.trained.to do this in. order to keep
his head above water, for he then was distressed
man.—This account, thiis settled, formed part 6f the
consideration for whiCh. this -Nate was given, and
was therefore ustirious, and. would, by. Law, taint
the Note, or any Other negotiable instrument or
security for., the . payment of:money, •even .in the
hands of an innocent holder, for a valuable consi-
dera deration,

Lord ELLENBOROUGg'...." I know there has
been a case to the contrary, but •I am prepared to
hold the doetrine you .have stated, Mr. ERSKINE)
to its full extent, even if it- should over-rale that
case."

To prove this usury, Mr. ERSX INS called the
Lady herself, who had advanced the money; who,
after übjeflion taken to her testimony, was decided
to be a competent Witness in this case, and proved
the reverse of Usury ; for that she never had one
shilling of the Defendant, but legal interest, for
the money she advanced him from time to time, to
relieve his wants.
Mr. GAR Row said that the Defendant had in.
strueled his Counsel to make an attack on this per-
son, which had the effeet only of shewing his in.
gratitude ; for that it now appeared that he had
been kindly stipplied with money to relieve his
wants ;,and then he made an account in his own
hand-writing, an easy thing, charging an usurious
course of dealing, which had no existence ; this Mt.
GARRow took leave to call an impudent and scan.
dalous thing in Mr. Montieth.. -
Lord ELL R NBOROUGH said, the Jury could only
give a Verditt for the Ainount of the Note in ques-
tion. As to what belonged to the charaeler of the
Defendant, there could not gist much variety of
opinion.
Verdid for the Plaintiff--Damages zsol.