The Sun.
London, England, 1802-07-26 00:00:00

DEVON TIRE.

TO BE,SULD,
HE FEE SIMPLE and INHERITANCE of fNORTHBROOK E HOUSE and FARM; which, with
the Gardens; are in complete repair. and -good order. The
House stands in 4.1.2wn of 30, ,in tlieMiddle of a Farm of
ritore.that Acres ;on the Banks of She River Eke; a large
.iiranch.awpith, runs though the gtoutuis. •t a mile and a guar.:
tei- from tiie City of Exeter, one of the best Markets in. the
Kingdom ; and nine miles from Exmouth, a tashionable
bathing-place; iu a gtiod neighbotirhOod; With good roadsand
pleasant walks about. it; the Land is rich and productive,
laid out equally tbr profit and pleasure ; and may be kept hi
hand as a Faitn,, or Lett tO good Tenants withriut difficulty.
The House is dry; corripkt; and convenient ; on the first
cud Secierid floors there are five pleasant and airy. Bedchan
bers oil good size, with four Dressing-roonti, two of which
have fireplaces; add May be con-veiled Lino Small Bedcham-
bers "; a Breakfasting and Dining-parlour, and a. Drawing-
roorri, thetwOlas't have how:wirtclovv, and are a. feet:long ;
a Water--closet; and four RooMs for Servants.. The•Ground=
floor consists of a good light Kitchen; a Butler's Pantry, a
ServantS! Hall; and a Beer Cellar, about feet square each ;
a Wine C el lar,fitted up to ho Ida good suick of d i fierent Wines,
a-I ltiuSekeepers Room, a Dairy; aLarder•' a Scullery, with-a
Brew and Wash-house. And there is Stabling tPr iz Horses,
a place for two Carriages, with a large and excellent Barn
and Farm=yard:
• • .
Should any Gentleman, wishing to purchase an eligible
place for health and ple:f.:Aire, he desirous of inquiring .after
Northbrooke, 'he may have his inquiries answered; so as to
inable hini to judge whether it will be worth .his while to
take the trouble of viewing the place; by applying to Messrs.
Follett and Williams, Attorniis, Exeter.
Exeter; July .24

SPINCLIFE 'S AROMATIC' BI LIOUg CORDIAL.
THIS invaluable Medicine has, . for a number or
years, been given with universal success, during a most
extensive prielice; by Mr. SPI F; a Surgeon; whes'e,
great abilities %fere .well known in Essex; and whd was many
years a resident at Sib'le Iledingharri; in that,County. think",
ing this Medicine of too much value to be confined to private
pradice; he had arranged a plan for its apifeannice In the
world, When his family were unfortunately depriveda him;
they, however; now offer it to the Public; and think it un-
necessary to make any comments upon the superior efficacy
of the Aromatic BiliouS Cordial; as the respectable attesta-
tions published sufficiently evince its merit. Copy of a Let-:
ter lately received fiord a.Gentlerrian of great tespeelabillty
and Fonsequence in the, ToWn of Colchester :
• " Madam; having experienced, the Bteatcst benefit front
takink: the Arordatie Bilious,Cordia4 as prepared By your late
hither; I most willingly give ydU my testimony of its excel-
-knee as a Medicine.. - . _ _

I ant, Madarn',.your very obedient Servant, •
Colchelter, June 17, ISO 2. " JOHN BAWTREE."
Copy of a Letter from Lieut. Itcluse,,of t-he id ‘Nret York.
Madam,.-After hvving suffered most severely from a Bi-
Disorder, I was recommended to take itsArotriatic Bi-
liOus Cordial, which, in a shomarne,...regtored Me to ,perfea
health... I offer this testimony of my gratifudO; hoping so
ble. a Medicine wi I l became a pu h i iabenefi4 and remain,
Madam, your obedient humble tervant,
JAMES ROUSE,'

•
~Dublin, May a 5, 1799.
'The tollowint. persons having been restored to health by'
the Aromatic PilionS Cordial, earnestly recommend it, as
highly deserving,of public etionua:,ternent :—The Right Hon.;
Dowager Lady Teynham ; the Hon. and -Rev': Harbottld.
Griin“on ; the Rev. Corrie, Cambridge; Miss Whale,
Worcester; Witham ChiSholme-, Esq. Miss Roberts; Miss
Plimpton Nfoore. Esq. Capt. Charnoe,k, Charles-
town; America; Mrs. Chardock ; A. Gardiner,. Esq. Domi-
nica; f. Erith,;.Esq. Dorninica.
Gentlemen- going abroad will find the_ Ar.. 'natio Mous
Cordial an' invaluable Medieitie to take with thern._ •

Sold, Wholetale and Retail, by the Proprietors, E. and C.
Spinlutf, at No. .john;on's-court;. Fleet-street; also at
Bolton's Meiliciue'Warehrnis6, Royal Exchange ; Meggy and
Chalk, Chelmsford; Bacon's;_ Norwich; and Bacon, leboult
and. Co.'s, No. .150, Oxford-street. opposite New, Bond-
street.; in battles of 20$. Half-1-Guinea, and ss. each, ex-;
elusive or Duty. --None are genuine withcut the DireCtions
signed with the Proprietors Namesi-anit the Don'ts *0144
with their Arias. . • •

:person who 'uttered report whikh might hav'e
the effe& of &stroking the reputation of annther,
or break in upon the credit of Iris mercantile cha
Tatier, events answerable in. damages
th3t rurnairr.i Bur fie would say, without the fear

of contradiction from any quarter,iand With a cer-
tainty of the confirmation of 'his Lordship, that he
'who propagates a report to the injury of another,
most be taken to be the author as well as the pro- ,
pig:ant- of it, unleSs at the time of propagation, hc
give:, up his author ; if lie, does, he shall be pithea.
td.' So here, Mr. Merle might have said he heard
this report. from A. B. he ought,to be prepared to
prove thii, because he ought to,feel, that without
such prOol, he must 2 cousideted as xesponsible for
the consequences, whatever they might, be. All.
Mr. Merle said upon this Record was, " That he.
did not utter these words at all ;" for. that was the:
meaning of the plea of Not Guilty ; and:therefore;
speaking :trial}, Mr. OAR Row said,' he had nothing
more- to do than to Prove .the 'Defendant did utter
them but this was not all,. for there' were eircum-
“ances in this Case which aggravated the of Fence of
Mr:Merle in an extraordinary degree, 'and w,hich.
Called for the most exemplary damages. He di4 not,
aired to deny that he stated this to Mr. Fellowes;
hut he said that he had heard it himself. Heard
froth whom ? That so considerable a house of
trade as this, in' the city 'of London, was not only
-embarrassed in circumstances generally, that it was
falling, or was in a failing way ; but that a Bill.
specifically for the precise sum of zOool. had been
voted, nr was lying to be noted. " Who will you
give up as Your author . ".Why,; I heard it on
the Excha.nze." Very well, not an Unlikely
place to hear that which relates. to the condition of a
mercantile hou,e—who did you hear it from ?"-=
" Why I heard it from a little man upon 'Change."

46 Whu is he haS .he a name ?. how came you to
have is from him ? What was the conversation

that led to it Wete.you inquiring 'about the house?
W.►s hegiving you adice upon the subjed?. Did
you want to be informed.upon it for the preserva.
tioo of your property ? Do you know the man
who told you 1" " 0 nä, •he was a little man,
whose name. I do notknOw ; I have seen him on
the 'Ex/change and he is a Broker, but I cannot tell
who he is.. I was talking.-to another Gentleman
on 'Change about the Lord ,Mayor and his house,
and the little man joined:in tne conversation."—
Now the Jury knew whether this, or any thing like
this, ever happened theither of themselves. " Yes,"
says the little man", I assure you it is ;true.'"--
« What is true?" " I tell you" it is, true, for I
have seen a Note of the house for zoool. noted, or

lying for noting." What was ,the conversation
which the Defendant must have been in, when this.
little man came from the clouds without a name—
an airy Nothing, without a local habitation or a
name ? H.! supposed he. should see this little man;
he would come from the clouds again but he would
come of the latest, for he ought to appear upon the
Record' in this Court. He was to 'say that he did
tell the Defendant, " I have seen a Note lying for
noting, and•so forth." Now, as die Defendant did
' ;not attempt to prove it, Mr. GARRow said, he did
not believe it, because, if. the case was -really- so,
Mr. Merle could have put it upon the, Record, and
he could call this same little man tb prove it, as
well" as this other Gentleman with whom he 'was
holding this confidential conversation; he ought to.
know thislittle mat., and he must know the other
With whoi: he conversed, and as he did not put this
upon the Record, he took the liberty of saying
that he did not believe this ; but it was enough for
him that this was not upon the Record. He main-
tained that the conduct of Mr: Merle was grossly
improper, nor was he at-a loss to knoW how he
ought to have conducted himself ; he should have
• done as Mr. Maynard did ; his conduct might well
be taken as the standard upon this occasion. He
Should have gone to the house and said _that hellad.
heard such a thing ; he
.should have solicited an
audience of the Lord Mayor, and said, " My ,Lord
I am astonished at what 1 have heard upon 'Change,
:Optic a Bill on your Lordship's house being noted,
qr
:lying to be noted had you not better Sept and
I.ll:quireabotit it, perhaps some mistake has happen..
ed, rnc.. ;" but he did not. He contended that a
Meichant and a man of business should have done so
as a friendly thing, because if' there had been such.a
thing, by mistake or accident, it would have been
but fair to put the party whose reputation was at
stake, upon his guard ; but. Mr. Merle did no such
thing ; he circulated the rumour as if it was well
founded, giving it the sanction of his authority.
—lt was unnecessary for him, 'in. the Guildhall of
London, before such men as were now assembled to
try this cause, to make observations on the value of
commercial Charader and Credit : it 'was. necessary,
however, to state, that inconveniences had resulted
to the Plaintiffs in consequence of this rumour,
otherwise the Action could not be supported., He
did not undertake to say, (for -that was impoSsible),
how much different persons were affeded -by this
story,. nor could, the Jury, after the evidence
was gone through, tell what was the whole effect of
it.—Nobody could know what, orders might have
been withheld from the house in consequence of this
rumour, and consequently what effect it might have
on the property.of the Plaintiffs, and it was one'of
the n. hiels of Slander, that nobody could ascertain
effect of it ; this was the Case with
Slander upon reputation, generally, but- mare ern-
phatically when it was aimed at commercial credit
might involve a respeEtabje house in abiolute
He could„ however, .give the Jury some
account of some of the effeds of this tumour-:—and
here indeed was, his great difficulty. Persons who
not .know the :rules of a Court of Law, were
often astonished, that' ,on the trials of Causes
alfeaing the reputation 'of parties,' that they
.could not .go into the whole of its historybut
rule 3 must be obser,vect, and they must be general,
and. made
,trp suit all cases, whatever indiiidual
hattlship apight sometimes be felt in consequence of
lchem. Such., was the case here—Sir John Eamer
was very desirous that. the whole history of his corn-
Mercial
,life should be laid before the jury ; but that
'te was restrained by Rules from doing.—The effect
this.. rumour, :however, could be partly shown.
le. krte.w, travelled' like, light when 4r. was sent

ruin.

forth.—Re hear 4 it himself; and 'he confessed it*.
damped, in some degree,, the joy he felt at the pro,
clamatiun of Peace, for it was propagated that
ve.ry. day : ana all the evil,,he was entitled tv say,
.as 'it appeared upon this Record, originated with
Mr. Merle. What. was the nature of this rumour
as it affeCted those I,vhb,were at a distance, and even
in a foreign country ?, Why it was this : That we
had a Cilia Magistrate in the greatest commercial
City in the world,. marching on, by slow degrees,
to inevitable Ba.*ruptcv ; and in this point of
view, the cause became a cause of national import-.
ante ; 'for it was not, a. trifling thing, even to the
Nation ,at. large, thai,i,C.should travel. with the
Journals of the day that- on the day of
vtroclaiming Peace 'between Great Britain and,
France, the Chief Magistrate of the City of Lon-
tion'-was a. Bankrupt this might have excited, even-
in France, sentiments,: which it would not be our
interest to sprehd. He mentioned this merely to
shew the impossibility of ascertaining precisely,
the extent
.or .the effeil of such a rumour as this ;
but he must, cornett) some particulars. He' would
shew to .the jury cases, .in which Brokers made
contraas on behalf of the Plaintiffs, in which, on
accorinfof this same rumour, the parties made ex-
cuses instead 'of carrying them into.effea, as for,
:nierly they were glad to do; and this sort of proof
classed under the head of what are called '" Special
Damages," that was to say, damages specifically
sustained on account of this Slander. He Should
shew, that on account of this rumour, several houses
of trade affeaed and assumed a want of money, as a
mere excuse for sending their bills to the house of
Eamer and Co. long before the usual period in
similar cases, where. no doubt was entertained of
the solvency of" the customer.—" Compliments to
Messrs. Eamer and Co. will esteem it a favour if
they will remit jool. &c." They were all paid
immediately, to •the astonishment of some of them,
who thought the house to be on the verge of Bank-
ruptcy, and which of course, did away the eflea of
this false rumour ;'but,no man had a right to put
his'neighbour to such inconveniences.
Here he recited many,aas of the kind he men-
tioned, by way of proof of the Special Damages he
claimed on behalf* of the Plaintiffs. ,

He then came to what appeared to him to be the
greatest difficulty .of this case, he meant the diffi-
culty-of following his instruaions. He had before
him copies and extracts :fr,Orn, the . books of the
Bankers ofMessrs.-Eanier and Co. the Plaintiff's in.
this Aaion.—He.had also the Bankers themselves.
in Court, by which extraas, and by whose testi_
rnony, it would appear, that no house in London
stood more eminent for opulence than that of. the
Plaintiffs.—That they were most valuable cus-
tomers but he was aware that the Noble and
Learned Judge, now- upon the Bench, would tell
him that he could not be
,allowed to go into this
species of Evidence, and this was the very thing
which constituted the hardship of the case, for this
was indeed
.the main objea of bringing thisAdion,
for it was not wished by Sir John Earner, to take a
large sum of money from Mr. Merle by way of
resentment, his objea was to refute the Slander of
which Mr. Merle was the propagator—and if that
could effe&ually be done by any other mode than
by obtaining a Verdia for large Damages, he
should he satisfied; however, as he knew of no
other likely to be so effeCtual, here the cause came,
and here he did ask for large Damages; not to-go
into the pocket of Sir John Earner, for that he did
not want, but to shew the, sense of a Jury of
Merchants on the subjea of his commercial repu.
tation, and to vindicate it against this Slander,
which was all pure invention.—He- had alteady
;tilted the reason why he asked large damages in
~his case, and when he considered where he was,
and to whom he was speaking, and upon. what sub_
jet he thought
,he should betray a gross ignorance
of them, atvd of his, own duty, if he said more
than that he expected justice.. at the hands. of the
Jury, and that he knew he should obtain justice
in the. Damages which he should obtain on the
present occasion.

Mr.'ThomasHowes was then examined.--.He
said, that he was acquainted with Mr. Merle the
Defendant ; he remembered, in the month of April
last, he believed on the loth of April, having a
conversation with him about the Lord Mayor; he
called on Mr. Merle at Little Britain, for he want-
ed to speak to him and Mr. Cox-, with whom he
had the pleasure of being acquainted ; a conversa-
tion of various kinds past between him and Mr.
Merle, and among the rest concerning the Lord
Mayor ; and Mr. Merle said, " that a person had
seen a Bill of 20001. on the Lord Mayor,. that was
either going to be noted, or noted, he could not
take upon him exaBly to say which; but nothing
more whatever 'past tipon that
.subjett—he under.
stood it to be noted for non-payment."
Cross-examined by Mr. ERSKINE—Mr. Fellowes
said, he was positive that this was on the 20th of
April; he had been in habits of acquaintance with
Mr. Merle.
Mr. GIBBS asked Kr. Fellowes anther ques-
don:. 44 Whether he had, at any other time than he
had already spoken, had any conversation with Mr.
Merle relative to the Lord Mayor ?" To which
he answered, " Never !"--and he said, he did not
recolle& any thing Whatever -passing- between Mr.
Merle and 'Mr. Seddon- concerning the House of Sir,
John Earner and Co. on any occasion whatever.
Mr. EisxtrrE;then prefaced, his examination by
observing, that to the auditors this .mode of exa-
mination might appear abrupt, but to the Wit-
ness not so. . . .

Mr. Merle said, that a Gentleman had told him,
that a Bill,of 20001. of Sir John Earner's Wa4 either
noted, or going to be-noted. •
Then, said Mr.. Eli.-sictivE, I believe, Sir, that a
report prevailed before tlit time, that met you in
various parts of this \great City, perfeEtly without
foundation, lam happy to believe ? •
Mr. Gipps objected to this, because, he said,
that as the Defendant had not stated upon the re-
lord, of whom he heard the rumour, he was not at
iberty to give it in evidence ; had he stated of
whom he heard it, the Plaintiff would have had an
opportunity 'of tracing it from 't6t source, and
would therefore come prepared to meet the evi-