The Sun.
London, England, 1833-05-30 00:00:00

THE KING V. LORD TEYNHAM AND DONLAN.

This case, which was an application for a new trial on the
part of the defendant, Lord Teynham, who had beer. tried
and convicted with the other defendant, Donlan, at the sittings
of the last term of an indictment charging then with con-
spiring together for the purpose of defrauding Dedimus Lang-
ford of the sum of 1,4001., under pretence of procuring for him
a situation under the Lords of the Treasury, or the Board of
Control, was fixed to come on the first thing this morning.

The case seemed to excite considerable interest in Court
when the officer of the Court called it on.
The Loan CHIEF Jusrtcz asked if the defendants were in
Court ?

Lord ceynham not bong present, the officer called him in
the hall, but his Lordship was not found.
Mr. POLLOCK, his Lordship's Counsel, then came in and said
his client was in the neighbourhood, and would be in Court
directly.
LORD CHIEF Justice—He must attend here.

Mr. PoLLoc submitted whether, as it was a motion for a
rew trial, it was necessary for hi. Lordship to attend in Court ?

LORD Cater JUSTICE—That is the usual way; we can make
no distinction.

Mr. PoLLocl—Oh, my Lord, certainly not ; some of his
Lordship's family have come down with him, and he is now
here—he is, I understand, close by.

LORD CHIEF Jus rick—We must go through this case in the
usual way. You don't seem to know your client, and you only
go by what you are told. We must take something else until
he comes.

Another case was then called on, but in a few minutes—
Mr. POLLOCK said he understood that Lord Teynham was
actually in Court

The LORD CHIEF JUSTICE looked about, but could not see
Lord Teynham. His Lordship observed, that the defendant
must come into Court in the usual way.
Lord Teynham then came into Court, and sat o❑ the soli.
citors' seat, in front of his counsel.

The LORD CHIEF JusulCE then proceeded to read the notes
of the trial. When his Lordship came to the bond that Lord
Teynham had given to the prosecutor, he observed that there
was one peculiarity in it, viz. that it purported to be payable to
" Didimus Longford, executors, administrators, or assigns,"
instead of to "Didimus Longford, his executors, administrators,
or assigns."

Mr. Pottocit then rose, on the part of Lord Teynham, to
move for a new trial, and stated at once that the ground of his
application was the surprise that at the trial the prosecutor
denied that certain documents were in his h nd-writing. There
was indeed an attempt, on the part of the defendant, to prove
that they were in the prosecutor's hand-writing He called the
prosecutor's attorney and clerk, but it appeared that they did
not know his writing. The learned Counsel said he would
make no complaint that a person named White, who was on
the back of the indictment, had not been called ; nor would
he complain that Lord Teynham laboured under the
disadvantage of not being in a condition to prove anything, and
that he had the ability of his Learned Friend (Sir James Scar_
lett) to prove a criminal act against his Lordship. He would,
however, most distinctly rely on this fact, that all the documents
which were of the utmost importance to explain the conduct of
Lord Teynham, were undoubtedly the handwriting of the pro-
secutor. How the prosecutor could deny or doubt that they
were in his writing when their Lordships came to compare them
with those that were admitted, it was impossible to con-
jecture, except that those which were admitted were of no
importance, while those that he rejected were of the greatest
importance to Lord Teynham, in order to show the real
nature of the transaction. There were two points for consi.
deration ; Ist, Whether those documents were of importance
in the case ; and 2dly, whether they were in the handwriting
of the prosecutor. With respect to the first point, there could
not be the slightest doubt, they were the very essence of the
transaction, as far as Lord Teynham was concerned, and if the
Court believed they would vary the complexion of the case,
then the new trial ought to be granted. With respect to
the other points, whether they were in the handwriting of
the prosecutor, no doubt could be entertained that they were,
after the evidence which was contained in the affidavits in
support of the motion. When the Court saw those affidavits,
the conclusion to be drawn from them would be irresistible;
when they came to read the receipts, which had been re-
gularly given before Lord. Teynham was at all con-
nected with the receipt of the money, when they
found that the interest was paid by Mr. Donlan before
the date of the bond, and by Lord Teynham after the date of
the bond, when they found that when the interest failed to he
paid, and the bond was consequently forfeited according to its
conditions, that the prosecutor's attorney demanded payment of
the principal money, and there was no suggestion during
the whole of that time that Lord Teynhain was a party
to any fraud, the Court must conic to a conclusion
that the documents were of the utmo.t importance, and conse-
quently that there ought to be new trial. It was perfectly
true that Lord Teynham' letters showed that he had made
some promise to Donlan to interfere in favour of the prosecu-
tor, but there was no evidence to show that his Lordship was
tainted with the slightest corruption, except the testimony
of the prosecutor himself, and therefore it was important that
the jury should know that those documents which the prosecu-
tor refused to admit, were really in his hand-writing, and
not written by him while he was in a state of drunk-
enness, but while he was in a perfectly sensible con-
dition. Against Lord Teynharn there was really
nothing but the statement of the prosecutor. It was true that
twoupo ft
ht he
me
,Bbauntkt
af t Ebnyg
I on ,d no
notmeansesphraodveLod
tridiatTethyenhmamon'seynawmaes
advanced in consideration of getting a place for the prosecutor,
or of getting rid ofan oath. Indeed Lord Teynham's case was en-
tirely supported by every one of those documents from beginning
to end. The prosecutor's case was extremely short—that Don.
lan got the money—that he got it in conspiracy with Lord
Teynham—that he first got 1801, and afterwards the halves of
others to make up the 14001.—thrl on the 4th of June
the other halves were handed over and that the
bond was suggested in order to evade any oath
that the prosecutor might be required to take. How any
gentleman could be so conscientious as to take bond which he

intended to destroy so soon as he had taken the oath which the
,rind was to evade, and yet come into Court and swear tiler he
would not take a false oath for the amount of the national
lebt, was difficult to reconcile. However imprudent Lord
ceynham might have been in his selection of persons for the
purpose of raisingmoney, it would be proved he was no party to
any such corrupt practices as were attrihuted to him, nor indee,i
could he have any reason to believe what actually was passing
',Au-Ten Donlan and the prosecutor. Lord Teynham's case
vas that he applied to Donlan for money, having at that time
in action of ejectment which had put him to great ex.
irense. Donlan had some claim upon him, and applied
to him, among other persons, in favour of the prosecutor
Lord Teynham however never received a farthing of
money until the 14th of June, when he received 600/.,
vhich was called 7004 —Donlan receiving, as commission, tie
other hundred. The form of the bond was adopted to prevent
an appearance of usury, and in reality it was an annuity bond
ay which Lord Teynham was to pay ten per cent. ; but if
the interest failed to be paid, then Lord Teynham was liable
to pay the principle. Lard Teynham denied by his affidavit
that he had ever promised the prosecutor any situation, or that
he held those conversations which were related by the prose-
cutor, and in those denials he was corroborated by the
affidavit of Donlan. As to the meeting of the 16th of
October, Lord Teynham's affidavit, and that of his
servant proved that he was then at Tunbridge Wells. Among
the many documents shown to the prosecutor he only admitted
one to be in his hand-writing, and that was one in which he
thanked Donlan for the loan of 3/., and promising to return it
as soon as possible. That was dated in October, 1829, and ad.
dressed as " Dear Sir" to the individual whom the prosecutor
now four years afterwards charged with a conspiracy. That
showed that the prosecutor then thought he had no claim on
Donlan, whatever he might then have had on Lord Teynham.
The Learned Counsel then proceeded to refer to the con-
tents of all the documents he possessed to prove on another
trial, that they were written by the prosecutor. The first was
dated November 2.6,1828, and addressed to Donlan. " Dear Sir,
I have been considering your proposition to return the entire
amount of my property placed in your hands, but I request
you not to do so, nntil I see you." No part of that ap.
peared to he written by a man in a state of drunkenness ;
indeed it was a perfectly sensible letter, and was written long
before Lord Teynham had anything to do with the transaction.
On the same day he wrote again to Donlan, requesting him
to keep the 6004 in his hands, on condition of receiving, in
the following January, 261., and afterwards 10/. per cent.
on the 600/. Yet the prosecutor had denied he made any
such agreement. Then came a receipt of the prosecutor's,
admitting that in January following he received the 281.
as per that agreement; then on the 4th June the bond
was signed, after which all the receipts were for interest
as received from Lord Teynham, but not a word of
complaint of fraud or of failure in getting a place.
At the time Langford and Doulan were settling all their ac-
counts, and when they had settled them, on the 4th of June,
1829, Donlan received from Langford the following written
document : " My dear Sir, I beg to acknowledge the receipt
from you of all my money and securities, amounting to 1,400/.,
which I placed in your hands for the purpose of obtaining a
certain appointment. I also engage to return to you imme-
diately any ducument you may heretofore have given to me on
account of this transaction. And thanking you for your ex-
ertions on my behalf, I am," fie. signed by D. Langford.
This was how the case stood on the 4th of June, 1829, when for
the first time Lord Teynham came upon the stage, except as
far as regarded answering certain letters written to him by
Donlan. Donlan then said, as regarded the residue and him.
self, he would have done with it, but he would give him (Lang-
ford', Lord Teynham's bond for the amount as a loan, and by
which he would agree to pay 10 per cent. per annum interest.
• Lord T. gave his bond according to the arrangement
made by Donlan with Langford ; and on the sth of January,
1830, Langford gave his receipt in these terms :—Received of
W. G. G. Donlan, Esq., the sum of 351., being the amount
of half a year's interest up to this date upon a bond
granted to me by the Right Honourable Lord Teynham
for 1,400/." He gave another receipt on the 20th July, 1830,
in the same terms, for another 35/. ; another in February 1831;
another without a date ; another in November of that year ;
and another in Feb. 1832, all to a similar effect, and all either
for the whole or for part of the interest due at the respective
times at which the receipts were given. On the 28th March,
1832, Lord Teynham received the following letter from May.
hew, Johnson, and Co., solicitors—" May it please your Lord-
ship—We are instructed by Mr. D. Langford to apply to your
Lordship for payment of a bond for 1,400/. dated in June, 182 a,
and an arrear of interest thereon. We trust you will make
arrangements for its speedy settlement." The next thing his
Lordship heard of was the institution of this prosecution by
Nfessrs. Mayhew and Co. The applications made by Langford
did not show, as far as Lord Teynham was concerned, that he
had any idea but that he was going on paying the in.
terest, and that, when he failed to do so, the principal
was to be called for. Several letters, and one or two other
receipts from Langford were read, all clearly showing (as the
learned counsel contended,) that Lord Teynham could not be
considered but as acting under the impression that it was to
him a regular loan. He did not know how it was possible for
the human mind to read the papers, and not come to a con_
elusion in support of Lord Teynham's case. In the case
of a conspiracy, above all others, it was necessary
that the defendant should be allowed to state his
view of the transaction, because a prosecutor's case could
not but be liable to great suspicion. Mr. P. had the affidavits
of two persons who knew the handwriting of the prosecutor,
stating that all the receipts, letters, &c., purporting to have
been written by Langford, had really been written by him,
This got rid of the objection that they were forgeries.
But it had been said, that if they were not forgeries,
they had been written at a time when he was per-
fectly incapable of knowing what he wrote. The letters
themselves defied that statement. There was not a singe
word or sentence in any of them that betrayed that
delirium tremens, which it was said Rumpford was subject
to after drinking his brandy and water.—(Laughter.)
When those letters were proved to be in the prosecutor's
writing, even where the humblest subject of the realm was
concerned, they should be put in the hands of the jury. All
the letters to Donlan were couched in terms of gratitude and
friendship, and not one of them contained a word of complaint.
After some observations, Mr. POLLOCK, said the verdict, if it
were to stand as at present, would bring total ruin on both the
defendants ; but to Lord Teynham, in particular, the conse-
quences were most serious. He therefore hoped the Court
would grant a new trial, when all the facts of the case could be
fairly brought before the jury.
Mr. FOLLETT, in snaking a similar motion for the defendant
Donlan, went over the same arguments as Mr. Pollock.
The LORD Cruet' JUSTICE, in delivering the opinion of the
Court, said, whatever was the effect that the documents in
question might have with a Jury, it was only proper that there
should be a new trial; and, therefore, the Court would grant a
rule Nisi.

Sir JAMES SCLRLETT asked the Court to appoint a day for
hearing the arguments on the motion, as the case was of the
utmost importance.
His LORDSHIP fixed Thursday next for cause to be shown
against the rule.

COURT OF EXCHEQUER.-(THIS DAY.)

IMPERIALPARLIAMENT

THIS DAY, Tittinst)Ay, MAN 30.

HOUSE OF co it voNs.

The gallery was opened very soon after twelve o'clock, at
which time we found about forty Members in the House.

On the motion of Sir RICHARD PHILLIPS, the Haver.
,nrd West Bridge and Water Works Bill were read a third
time and passed.

Other private bills were advanced a Wage.
Mr. HORATIO ROSS presented petitions from Montrose.
Aberbrothy, and several paces in Lanarkshire, for the abo'i
lion of slavery ; from Aberbrothy, for a repeal of the recei!.t
stamp duties ; from Dundee, in favour of the factories bill ;
rrom 'he shipowners of Lei h and Dundee, for an alteration ii,
the rates of pilotage; from Montrose, for a repeal of the duty
soap ; from the solicitors of Montrose, against the attorney•'
ax ; from the shipowners of Montrose, relative to the duties
on policies of insurance ; from Brechin, Montrose, Craig, and
Forfar, for the better observance of the Lord's Day ; from th
synod of Angus, relative to the church of Ireland reform bill ;
and a similar one from Brechin ; and from Ross, complaining
.X the patronage of the church of Scotland. _ .

Mr. JOHN MAXWELL supported the prayer of the peti.
tioners for the abolition of slavery.
Mr. GASKELL presented a petition from Stanston and other
places, praying for the release of the Rev. Robert Taylor, whose
sentiments the petitionors thought were founded upon error,
but as they had seen he had been imprisoned for a long time,
they prayed the House to interfere.

Mr. DAVENPORT presented a petition from a Methodist
congregration of Burstall, praying for the abolition of slavery.

Mr. JAMES presented a petition from the select vestry of
Carlisle, praying for a system of poor laws for Ireland. The
Hon Member strongly supported the prayer of the petition.
The petition was also supported by Mr. RICHARDS. He was
afraid the commission that was to be appointed was only a way
of getting rid of the question altogether. He was sorry the
Noble Lord the Chancellor of the Exchequer was not in his
place, as he intended to have asked a question or two on the
subject.

Mr. POTTER thought the Hon, Member was too early with
his strictures on the government about the commission. Time
ought to be given them before they were condemned.
Mr. RUTHVEN could bear testimony that there was in Ire.
land a growing feeling in favour of a modified system of poor
laws, and he would, for one, willingly assent to some plan by
which absentees' property might be placed under contribution
for the support of the poor, who were made so by the system
they pursued.
Mr. FERGUS O'CONNOR was very glad to see that this
question was not now merely an Irish one, but that English
gentlemen were beginning to take it up. He was much afraid
of the commission, for which in his opinion there was not the
slightest necessity.
After a few words from Mr. SLANEY, and Mr. FINN, the
petition was referred to the Committee.

Mr. BISH presented a petition for the abolition of slavery,
from Leamington.

Mr. DIVETT presented a petition from Launceston relating
to the charitable foundations of the town.

Colonel EVANS presented a petition from Hastings and St.
Leonards, against the house and window tax.

Mr. VERNON presented petitions against slavery, from
places in the county of Derby.
Mr. STRICKLAND presented a petition from the manufac.
turers of cloth in the West Riding of Yorkshire, praying for an
alteration in the law affecting the manufacture of woollen cloth.

Mr. JOHN SMITH presented a petition against negro sla-
very, from Brie

Mr. RICH A RDS presented a petition from Knaresborough
in Yorkshire, for the abolition of slavery. The petitioners ob
ject to portions of the ministerial plan. And a petition from
the licensed victuallers of Harrington, praying to be placed 011
the same footing with other traders as regards the house and
window tax. The Hon. Member then presented a petition
from Thomas Morrison, praying that, as experimental know.
ledge is better than theoretical, the Commissioners on the Irish
Poor Laws be instructed to labour for six months in Ireand,
and that Daniel O'Connell and Joseph Hume Esqrs. do form
part of the commissions.
Mr. WARRE presented a petition from Hertford, stating
that bribery and corruption had already commenced in that
place, in anticipation of the election, and praying for the
adoption of measures to prevent a continuance of such dis.
graceful practices. The Hon. Member bore testimony to the
respectability of the parties whose names were attached to the
petition, and read portions of affidavits, in support of their
allegations.

Lord GRIMSTONE stated that the petition was altogether
got up in a party manner, and read a declaration from some
of the inhabitants of the borough, to show that the authorities
had done their duty, and that the allegations in it were untrue.
Mr. G. LANGTON presented a petition from Bath against
the house and window tax.

Mr. PEASE presented a petition from Darlington, taking
notice of the Government measure for the abolition of slavery,
deploring that the slaves should be compelled under that plan
to work out their own freedom, and imploring the House to
reconsider that. Also three petitions from the freeholders
and inhabitants of Stockton on Tees, Darlington, and Barnard
Castle, against the General Registry Bill. The Hon. Mem-
ber intimated his decided opposition to that measure.
Mr. STRICKLAND supported the latter petitions.
Mr. S. A. BAYNTUN presented two petitions from two
congregations of Protestant Dissenters of York, complaining
of their grievances, and for the abolition of slavery.
Mr. SLANEY presented a petition from the inhabitants of
Shrewsbury, complaining of the fines imposed on those who
were desirous of commencing trade in that town, arising from
the supposed existence of certain charters which were inimical
to all commercial pursuits.

Th: petition was referred to the Committee on Corporations.

Lord GRIMSTONE presented petitions from places in the
county of Hertford, for the better observance of the Lord's day ;
als,, a petition in favour of the factories bill, from the town and
neighbourhood of Hertford.

Mr. COUTTS presented petitions from Stourbridge, Ship.
ston, Cradley, and other places, in the county of Worcester,
against slavery.
Mr. HARCOURT presented petitions to the same effect
from certain Wesleyan Methodists, stating their willingness,
after abolition had taken place, that Parliament should take
into consideration any necessary measures for the relief
of those who were interested in tl.e colonial possessions.
The Hon. Member also presented a petition from Wiggington,
in favour of the better observance of the Sabbath.

Mr. COOKE presented a petition relative to the Grand Jury
Act.

Mr. SEALE presented a petition from the ship-owners of
Dartmouth, complaining of the vexatious operation of the Re.
ciprocity Duties Act, and praying for inquiry.—Referred to the
Committee.

Mr. Alderman THOMPSON presented a petition from the
port of Sunderland, complaining of the disproportionate rela-
tive duties on British colonial and Baltic timber
Mr BUCKINGHAM presented two petitions from Sheffield
complaining of taxation, and of the conduct of Ministers in
mincing up the malt and assessed taxes; and praying for a
repeal of the corn laws.
Mr. BLAKE presented a petition from certain individuals
against the Colonial Slavery Bill as not providing sufficiently
for the planters. The Hon. Member could not support the
prayer. .

Admiral FLEUING presented several petitions from
Dinning, Kelsyth, and other places iu the county of Stirling,
against the tithe and church patronage in Scotland.
Lord SANDON brought up the report of the Dublin Steam.
Packet Bill.
The SPEAKER then retired at ten minutes past two.

RAPID AND DhSTRUCTIVE FIRE,

THIS MORNING.

A strong degree of alarm was created in the vicinity of
Crooked-lane, about 11 o'clock this morning, in consequence of
a fire breaking out in a newly.built house at the corner of the
opening leading from the road to new London-bridge and
Crooked-lane.

The fire originated in an accidental ignition of some shay.
ings, near which the carpenters were at work, in finishing the
interior of the house previously to occupation ; and the games
spread with a degree of rapidity which baffled all efforts to
arrest them. The wind blowing strongly into the building,
which, from its unfurnished state, was open back and front,
caused such a draught that the fire soon caught the whole
of the interior of the lower part of the house, and in a short
time from the top to the bottom was in flames. The buildings
on fire not being much more than three yards from the op-
posite house in Crooked-lane, the fire was soon communicated
to the opposite side of the lane, and here the flames soon ob-
tained an uncontrollable ascendancy. The house is in the oc-
cupation of Mr. Walters, the wine and spirit merchant, and it
being known that a quantity of spirits were deposited in the
cellars, the strongest fears were entertained for the result.

Soon after the fire commenced, Mr. Alderman Venables,
Mr. Sheriff Humphery, Mr. Cope, and the City police, were
on the spot, and kept the way clear for the arrival of the
engines. The flames in the mean time obtained a fearful
ascendancy, and it was fully believed that the whole of
Crooked-lane and the houses at the back, which are so thickly
erected together, would fall a prey to the flames. The wind
continued blowing from off the opening to the Thames with
freshness. The fire engines soon made their appearance, and
a plentiful supply of water was speedily obtained, not, how-
ever, till the new building first on fire had been completely
cleared of all its inner floorings, &c.
At this time the commanding officer in the Tower sent to
know if any soldiers would be of use; and Alderman Venables
sending word back in the affirmative, a company was imme-
diately ordered to attend and keep the ground clear.
The exertions of the firemen were directed mainly to the
houses in the rear of Mr. Walter's house, as in the
event of their catching fire the spirits would inevitably
have blown up. Up to one o'clock these efforts were at-
tended with success. The fire, which soon after its commence-
ment had bcf,ken out in Mr. Walter's house, by this time
was raging in the next house up the lane, and now extended
itself to that of Mr. Kimber, the &thing-tackle manufacturer.
3y half past one o'clock the flames were got under. The pro.
perty destroyed and injured is pretty extensive in amount. The
.hole of the houses injured, except that in which the tire first
commenced, are insured. At about a quarter to two o'clock
no further danger of the extension of the flames was enter.
tained.

SHIPPING INTELLIGENCE—(TFIrs DA Y.)

FROM LLOYD'S.

DEAL, MAT D.—Wind E. N. .E.—Sailed the outward
'iound. Arrived the James Daly, from Cork ; William and
llfred from the West Indio" ; and Layton, from India.
PORTSMOUTH, MAY 29.—Wind N. E.—Sailed the
-Maitland transport, for Li:bon.
PLYMOUTH, MAT 9.B.—Wind •arlahle.

FALMOUTH, MAT as.—Wind vAriabie, light breezes.—
Sailed the Britannic, Birmingham, City of W..terford, and
)sprey steamers, all for Oporto, with troops, arms, and ammu.
nition, for Don Pedro's army. The Columbia, bound to Lis
,on with mails, was towed back to this port to-day, with
larnage to her ,a^hinery, by 1g - Majegt:.'g steamer Con fiance.
aLnur F,STER, MAY :S.—Arrived the Barbara, Robertson,
from Mengel.

CARDIFF, MN' 23 —Arrived th• Dorothy, from Corks
md Gray, from (Ham

LIVERPOOL:Mar 21.—Arived the Magnet, M'Mlnn,
'rom Maranham ; and Mon: ea', L ,th„ from Pernambuco.
Off pert the Anet, from Bahia.

CORK, MAY 27.—Arrived the Joshua Carroll, Randall,
Hobo, Atwood, and City of Limerick. Cooper, from London.
PENZANCE, MAY 28.—Arrived the Orynthea, Cox, from
Honduras.

LYNN, MAY A.—Arrived the Banff, Thomas, from Kiel.
HULL, Mil' 2S.—Arrived the Anna, Wright, and the
Sceptre, Walker, from Memel.

DOVER, MAY 9.—Two Dutch pilot boats passed this day
for the westward.

ST. DAVID'S, MAT 27.—A ship's long-boat, about 16 feet
keel, with a cuddy for two men, painted sails, and supposed
from Ireland, came on shore at Trathenore Sands, yesterday
morning.

The Friends, Goodwill, and Goodridge, bound to London,
iprung a leak at Newry, after taking in the cargo, and must
discharge.

THE MARKETs.—(THIS DAY).

GENERAL AVERAGE PRICE Of BRITISH CORN,
For the Week ended May ga MO, made up from the Returng
of the Inspectors to the ditterel,t title, and Tnwns in England
anti Walee, pet imperial Quarter.
vheat— 531 8 Oate 17s. Oil
. 'd `Rye 254. 3d iPettse—:loe sd.
IMPERIAL AGGRFOATE VIRRAUES OP THE RIX WEEKS PRIICROME,
W —534 8,1.1, tits —17 A :41* 9tl.
ar1ey.....-258. 7..1 Rye 3!s. =i .IPease :WC .36,