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

1 Afr . kii,b O.

b./F. kiNG"S.BENCII, J 4
SIT? isEFOR.T. LORD PLI.ENDORDVDB AND A
JURY IN 4L;I3.DHALL, LDNDON.

SIR. lORN EANIErts KNICat, 'AND otkießS',

nits was an Adion for tvoids Voken by 'the
Defendant, who is a Partner in the House of Cos
and Co. Refiners,. &c. of and concerning The 3lain-
tiff, the Lord Mayor, .saying, that a Bill of hi,
House; for two thousand Founds; was noted for
Non..payment.
Mr. GARROW said; He had the honour to be of
Counsel for the Plaintiffs in this cause ; who were
Sir John Eamery Knight, J. Smith Wells., and Joseph
Hedley; and lie ;confessed that ever since he had
been called Upon to open's case at the Bar, hi never
felt more, and seldom it) Much. anxiety as he felt
now on being, called upon to open the 'present case..
That anxiety arose from various causts; front a re--
collation that he was addressing honourable and in--
lightened men, or. behalf of an honourable person)
an eminent person in trade, and also the Chief Ma,
gitrate of the first Commercial City in the World.
I'he subjed, CoulnierCial Credit, and that also the
Credit of the Trading House of which this honour..
able person was the head. Credit, more general;
extensive, and important) than any that had eXisted
in:this world, in ancient or m3dern times—recul-
feeling these thingS, and feeling the weight that fell
upon him in the discussion of them, being aware
that he was addressing persons so intelligent upon
these topics,. he felt, without affeaation, a great
deal of diffidence and anxiety when the.' interest of
such individuals, upon such an occasion, devolved-
to him to take care of, lest the want of
tys on his part, especially when he knew he was to
be opposed by the great talents, of his Learned
Friend Mr. ERSKINE) upon this great and itryorr.
ant cause, should injure his Clients' case, These
circumstances, impressed his mind so seriously) that
he was almost induced to retire from the conduit of
the cause, and leave it in hands more able to condua
it. He knew one thing Which must happen upOn
this occasion, that he Could not give to his 'Client's
.that satithdion which it was their object to obtain., •
and which, 'judging from the iMpUlse of their own
honourable feelings, they. had a right to expea;
for theyy naturally, wished that the history of the
Commercial Credit and Charaeter of Sir John Rimer; •
should undergo an ample investigation from the be.,.
ginning to the end, and when that was fully and
minutely cone through, Then to ask an honourable
Court, and Jury of Merchants) in the Guildhall Of
at- City of London, this question---" is there-, in'
any one part, of that Commercial Life, any thing. '
that calls 'for the slightest disapprobation; much less,
to justify the SlandetN which to-day, by him hit
Counsel) Sir John Earner imputed' to the Mien,
dant I"
The Parties now before the Court Were all known,
and better known to the jury than they were to
him. The Defendant, they would observe, was a
Merchant of *knee and station, aging in the
business of a Refiner, and carrying on, to a great
extent, also the business of a Banker, it might
have been expaled of such a man, to whom reputa-
tion must he extremely 'dear, that he Would be
tender of the reputation of another, who, like him:_
self, was extensively concerned in trade.. That if
he had heard any Slander upon 'the Charatier of this
Commercial House, .instead Of propagating it, he
would have been induced to have inquired into
and have kindly communicated the result of it 'to
the Plaintiff, Sir John Earner, and finding it a false,
tumour, lie would Thave done 'every thing in his'
power to refire 'The Jury would find that the
efendant had done 'none of these things s and he
would put it to them to say) Whether either of
then:»elves world have acted, or thoaght they pos4.
sibly could hive rifted, as the Defendant had done ?
If they thought so, let the Defendant have their
Verdi& But if he was proved to be „propagating 4
report, absolutely desauttive of the credit, root
and branch; a this Commercial •House, without the
least eXituse, or any 'foundation whatever—rivitbotat
taking the trouble to know, or hear, whether there
was the least foundation for it or not—such as the
Law required, and such as common sense and corn,.
Mon feeling dictated, and which the veiditi of the
Jury would say tot the world he should have made)
then the Plaintiffs Must have a vetdid.
The House of the Plaintiffs, Sir John Earner, and
Company, was a great Commercial House, which
had carried on business for nine years past, and the
dealings of the House amounted to between five and
six hundred thousand ;pounds a' year. To stick a
HouSe, it Must be obvious to the Jury, Credit, as
in all mercantile concerns) was the life and
it was the foundation of all dealing; Take away
Credit, and all that is valuable in Trade must be
gone.- He invited his Learned Friends-, who were
of Counsel for the befendant, to go into
.the most
minute inquiry, and to see whether there was any
foundation for this report. He &fled them to
prove any foundation for this'report; or to prove
that any man 'of' business, such as the Defendant
was, could, .14. possibility, .believe there was any.
foundation for this reVott. He incited there to thilt
inquiry also-4-Thisy howeVer, Was a very serious'
case to the Plaintiffs..

Mr. Maynard, a person of great respeaability,
having Jieard it said that -n gill for zoool. of the
the Plaintiffs' was noted, took the course which a
,man of honour ought to do. He called at the Mer
cantile douse of the Lord Mayor, Sir John Hamer.
He did outgo about to whisper either in public or
in pxivate, or to add the sanction of his name to this
slander, upon the Plaintiffs ; he' went to “the house
of the admit's to irtittire whether there was any
foutidatitin for this rumour, because he felt this to
be an extremely delicate 'point.; he endeatfoured to
trace to its foundation this tumour tvhich had been
spread by theDefendanr, the extent of which it was
impossible to know. Mr. Maynard called on Mr.
Wells, a Gentleman of the house of Sir John
Earner, and communicated to him ,this rumour. Mr.
Wells' was all astonishment on hearing this, and
asked him froth whom he Iscard it ? He related the
history of it to Gentlemen who should be called.
The Jury would find there was the greatest anxiety
on the part of the members of this house, to trace
this rumour, and at last they found it rime from
the Defendant, Hs did ttc,t mean to say that every