The Sun.
London, England, 1832-06-01 00:00:00

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Ind the property has been trollied up to its present vain
mainly by my exertions.
" The circulation having been forced up by enterprize,
-t will necessarily require its continuance to maintain sucl
circulation ; for even now the number so'd is near y 200
papers !ess ;lady than at the date of Mr. Grant's bank-
ruptcy. which circumstance has not only affected the cha-
racter of the paper, but its credit also.
" Shou'd my present offer not be accepted, I brg to 1w
understood is lotving made it entirely without prejudice to
my right of pre-emption, as set forth in the deed of co-
oartner.hip, and my right of having the value of Mr.
Grant's shares in the property ascertained by arbitration,
as provided for in the deed of copartnership."

Now, my Lord, here you have brought becore you, for the-
first time, the situation in which Mr. Young stood. It
appears, from Mr. Grant's affidavit, th it he had sold one-
fourth of his paper for 2,0001. and by the clause in the
pat tnership articles, Mr. Young is placed in such a situa
tion, as, that he can say, if you don't agree about the terms
of the sale of the paper, I shall appoint an arbitrator, you,
on the other side, must appoint another, and if they can-
not agree, they must appoint an umpire to decide how that
sale shall take place. Mr. Young had ch-arly a right to
In that, and, I am sure that no I.wyer would advise the 354-
•ig nees to say, " we will get the greatest price for the
paper, even if we should be involved in a whole series of
litigation." Mr. Grant has already involved them in two
suits in Chancel y, whether they will be successful or not 1
will ra,,t say, but hitherto they have not been Inconse-
quence of Mr. Grant considering th it these gentlemen
were fivauring th- views of Mr. Young, and considering
that they would not enter into the views of Mr. Grant,
he had set up another paper, the very way, in my opinion,
most likeiy to destroy the value of that property which be
had already. Now, my Lords, on the same day that this
letter came from Mr. Young, another was received from
Mr. Westley, which was as follows:
" I beg to offer the sum of 9,0001. sterling for three-
fourth shares of The Sun Newspaper, now vested in
you for behoof of Mr. Grant's creditors, with immediate
possession.

" I propose to pay the above sums by hills of 2,0001.
etch, at two, five, and eight months, the remaining
3,0001. by bills of eighteen months.
" Until the whole of which he paid, I have no objec-
tion to a control on the receipts of the paper. "
Mr. Westley says he was prevented paying in con-
sequence of difficulties, hut what those difficulties were
he did not say; such, however, was his proposal. Mr.
Briggs says that he made known those proposals to the
assignees, and by their direction a meeting of the credit ,rs
was convened by advertisement in the London Gazette, to
take into consideration the several proposals, and that at
such meeting the following resolution was agreed to,
authorising the assignees to sell and dispose of the share
and interest of the said bankrupt in the newspaper, by pri-
vate contract, to such persons and at such place as they
should think fit ; but that price was not to be less than the
sum offered by Mr. Young or Mr. Westley. Mr. Briggs
says, that in pursuance of such resolution of the creditors,
he applied to Mr. Young and requested him to increase
his offer. This was alleged Against Mr. Briggs, as acting
improperly; however, Mr. Young refused to comply. Mr.
Briggs then made repeated applications to Mr. Westley,
but he objected, alleging for the first time that he was
only acting as the agent fur the bankrupt, and not for him-
self; that the bankrupt had represented to him that his
fr ends would assist him in such purchase, but they had
not yet done so, and he therefore craved time for that pur-
pose. That is not denied by Mr. Westley.---(The op-
posing Counsel here said "It was.") I shall state the affi-
davits correctly. Mr. Briggs states positively that Mr.
Westley then stated for the first time that he was only act-
ing fur the bankrupt and not for himself, and Mr. Briggs
finding that he could not bring Mr. Westley to any decision
on the subject of such proposal, wrote a letter and sent it to
him in •the words following. If Mr. Westley denies it,
and does not set Furth the letters, his denial must go for
nothing. The letter is as follows:

"RE GRANT, A BANKRUFT.

" Lincoln's Inn-Fields, March S, 1831.

" wiited at home yesterd iy morning above two
hours, according to appointment, to receive your proposal
and enter into some agreement as to the purchase of
the bankrupt's interest in The Sun newspaper, made
above a week previous, but up to this period have not
received any communication from you."
" 1 cannot allow my clients, the assignees, to remain any
longer in this state of uncertainty, and whereby they may
lose the opportuni,y of dispo.ing of it to the advantage of
the esta`e elsewhere, and shall therefore advise them to
conclude with Mr. Young upon his offer."

Now, my Lords, in this transaction, is there any reason
whatever to accuse Mr. Briggs of a conspiracy or swind-
ling, in advising.his clients to coneude with the offer of Mr.
Young ? Or that he had come forward for the purpose
of assisting Mr. Young in the purchase? Mr. Westley,
in making his proposal, stated, that on that day,
or the day following, that was upon the Sth of
March, he should be ready to complete his offer. On
that day he called on Mr. Briggs, and stated that he was
waiting for a friend of Mr. Grant's to come forward ; and
because Mr. Briggs would not wait till it suited Mr.
Wes:ley to complete that purchase, that is to be considered
as a crime of the greatest magnitude on his part. Then
there is the letter of Mr. Kinnear, as follows :
" London, March 9, 1831.

" Sta,—l understand you are appointed agent for the
sale of three•fourth shares of The Sun newspaper, lately
the property of Mr. Patrick Grant.
" If these shares can be had on re:isonab'e terms, I think
it probable that I can make an offer for them %% hich will
meet the approbation of the assignees, and with that
view I shall do myself the honour of waiting upon you at
one o'clock to-morrow."

Now there is a small part of this affidavit which I think
upon reading Mr. Kinnear's affidavit (though he runs into
a long rigm►role of transactions) he does not attempt to
deny. This is the passage—
" That at his interview with said Mr. Kinnear, it was
then stated that no objection would be made to sell the
share and interest of the said bankrupt to any person who
would give the highest value, and proper security for the
payment, as it was the anxious desire of the assignees to
s,ll it for the most that could be got for the creditors, and
every reasonable time would be granted to the said bank-
rupt to obtain the assistance of his friends for that pur-
pose ; but that upwards of a fortnight had elapsed since
said F. C. Westley bad made his proposal for the said
purchase, and the said William Kinnear thereupon declined
entering into any agreement himself for such purchase.
And deponent saith, that shortly after he received the
following letter from Mr. Bell, another friend of the said
bankrupt."
Now all that Mr. Kinnear states in his affidavit is, that he
was a young man desirous of investing his capital ; that
Mr. Briggs stated that the money must be paid down
immediately, and dissuaded him from having any thing to
do with the transaction ; but he does not deny that ►Mr.
Briggs was anxious on the part of the assigness to sell
the property to the best bidder. Then, my Lords, we get
the fetter-of

DEAR have just 'seen Mr. Winchester, and I
have the pleasure of stating to you that he is very willing
to allow Mr. Grant a week's delay. In that time the
money will be ready. Mr. Westley will lose not a mo-
ment." . _ _

Yet Mr. Alderman Winchester is charged as being a
party in assisting Mr. Young to purchase the paper.
" That he communicated to the assignees of the said
bankrupt the result of the said interviews be had with the
said bankrupt, and the several other persons relative to the
said proposed purchase, and the little progress made towards
the same being carried into effect, and deponent received
directions and accordingly did write to the said F. C.
Westley a letter in the words and figures following.'

This is not denied by Westley or Thornton:—
" I have communicated to the assignees the result
of the several interviews that I bave had with yo❑
and Mr. Grant and the other parties relative to the pro-
posed purchase of the interest of the bankrupt in three-
fourths of The Sun paper, and they are not disposeii to
continue any longer in a state of uncertainty respecting the
same, and have therefore required me to inform you that they
expect you will attend at my office to-morrow, at twelve,
to enter into a contract with them for the purchase or de-
cline the same in writing, in order that they may conclude
with some other purchaser."

Then Mr. Westley, to that letter, writes the following,
which Mr. Briggs recites in his affidavit :
" I have iviseten a letter relative to the purchase
of The Sun ; hut beg to delay to send it until four
o'clock, as since I received yours I have not seen any party
concerned, although I have been to every possible place in
order first to communicate my determination to withdraw.
I trust you will excuse me in this until four.
Then on the 1I th March the following letter is written :

" I am most pressingly requested to delay my
final withdrawal until to-morrow at twelve o'clock ; I beg,
therefore, until that time, when, if the money be not de-
posited, I withdraw my proposals."
Mr. Westley does not deny any of these letters, they are
all set forth in the affidavits. No doubt can be entertained
of his being clearly one of Mr. Grant's friends, and that lor
him he was making the proposal which he ultimately
withdraws. Now, my Lords, we come to the 116 of
March. Mr. Briggs says,
" That upon receiving such last mentioned letter from Paid
depou.nt F. C. Weetley, he communicated the Basle to the

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assignees, who were of opinion that it would be for the bk.
nefit of said bankrupt's estate to renew the negotiation fot
the s tie ,s ith said Nfurdo Young, and instructed depnnen.
to do accordingly. And deponent saith that he there.
fore aventled said Murdo Young with a view to negotiate
alien he received the following letter from Mr. Thornton.
one of the said assignees."
Now Mr. Thornton here is the friend of Mr. Grant, I
don't ',Lime him for that, but I think it is to be lamented
that he has lent himself so far to his view,.
" I hwe nail a comtnunica-ion from Mr. M.Queen on
the sn'ject of The Sun new,paper. I shall be glad, luw
fore any further steps are taken, to have a riveting either
with you nr Mr. Alderman Winchester."
"Saith that he communicated such letter to Mr. Al-
derman Winchester, who deponent b.lieves called on said
Murdo Young to induce him to increase his sail offer, and
deponent afterwards received the following letter from Mr.
Thornton :"

Now, my Lords, here is Mr. Thornton's letter, which
is not denied.

" Since I wrote to you yesterday I have seen Mr. Al-
derman Winchester, who tells me that Mr. Young has
amended his offer, and will he reit!), with 9,000/. in a
short time, if, as Mr. Winchester apprehends, the other
parties who have been making offers would give no more.
I am quite of opinion that we should accept Mr. Young's
proposal, and I have told Mr. W. so. I should wish,
however, before we close ‘, ith him, to have this point
made quite clear. As far as my recollection serves ale,
9,000/. was the utmost that we have been led to expect, but
it would be well to ascertain this before a final settlement."
Now 9,0001- was the sum stated by Mr. Grant, that
is stated in Mr. Alderman Winchester's affidavit, and Mr.
Grant does not deny it. Then Mr. Blips says—
Stith that upon the receipt of such last mentioned
letter he a4ain had an interview with said Murdo Young,
who consented to give 9,000/. for the share and interest
of said bankrupt in said newspaper subject to the claims
and liabilities he had and was under respeetiog same, and
which proposal he also made known to said Mr. Thorn-
ton, and received from him anott.cr letter, in the words and
figures following
"I have r. ceived a letter from Mr. B. Grant in
reply to one from you about Mr. P. Grant's
plate. Mr. R. Grant seems to think there may be
some question whether he cannot hold this plate
against his debt. lie is, however, wiling to wave
this point, but wishes us to deduct the value of it from
his first dividend. He says if this cannot be done, he
would rather give up the plate. I should like to know
what you think of his proposal. lam also desirous of
examining Mr. Young's accounts. I think this ought to
be done before a settlement as to the purchase, as till this
is done we are in the dark as to the sum which we are to
receive from him."

Now, my Lords, see what passes. Mr. Briggs says—
" That accordingly on the same day th it he received
said last mentioned letter, he attended said Mr. Thornton
with the accounts made out by said Murdo Young of the
debts and liabilities of said newspaper, which amounted
to about 4,0001., bt•sides a private debt claimed to be due
to said Murdo Young from said bankrupt, which he re-
quired to be deducted from his said purchase money, and
deponent left such:accounts, together with the accountant's
report thereon, with said Mr. Thornton for his perusal
until the following Thursday, Use 17th March, when he
appointed a meeting to take place at his counting-house
in Birchin-lane aforesaid, in order finally to settle the
terms and conditions of such purchase."
This, my Lords, is on the 11th of March. Now Mr.
Thornton, in his affidavit, says, that it is true that Mr.
Briggs did leave the accounts, but that he only casually
looked at them. Now Mr. Briggs says—

" That on Thursday, said 17th March aforesaid, he
attended with the said Alderman Winchester at the count-
ing-house of said Mr. Thornton, in Birchin-lane afore-
said, and said Murdo Young also attended, when said
Mr. Thornton returned to deponent said accounts and
report, stating that they appeared correct, but could at a
future time be further investigated when necessary, arid
expressed his opinion to said Alderman Winchester ti.at it
would be for the benefit of the estate of said bankrupt
to conclude with said Murdo Young, upon his proposal to
purchase, in the best manner possible; and after much dis-
cussion with said Murdo Young, it was agreed that the
share and interest of said bankrupt in said Sun news-
paper should be sold to him for the sum of 9,000/., sub-
ject to the before mentioned claims and deductions if sub-
stantiated ; but if such claims upon investigation should
exceed 4,000/., then in any event the said Murdo Young
was to pay 5,000/. as the balance of his purchase money,
to be divided among tie creditors ; that he thereupon
made a minute of the heads of such agreement in writ-
ing in the presence of the said parties, and deponent re-
ceived instructions to prepare a proper agreement for
signature, and to attend again at the said counting-house
of the said Mr. Thornton on the Saturday following, the
19 h of March."

Now Mr. Thornton says, that he did not give any in-
structions for an assignment. That, my Lord, is perfectly
true, and no assignment was prepared ; but an agree-
ment was. And Mr. Briggs goes nn to state
That at an interview he had with said Mr. Bell at
his office, in the presence of one of his clerks after his
return from the said meeting on Thursday, the said 17th
of March, he informed said Mr. Bell of what had trap-
spited, and did not allege that nothing had been done,
but on the contrary thereof, stated to said Mr. Bell, that
unless some better offer was made to the said assignees on
or before the said intended meeting on the 19th of March,
the same would be sold to the said Murdo Young."

Now, my Lords, up to the period of the 17th of March,
all other contracts were off the stage. You will see that
it appeared mo,t distinctly that the assignees had
made the best bargain they could with Mr. Young; that
he was to give them 5,000/. at all events, in case even if
there should appear to be more due to Mr. Young than
the 4,0001. ; if there was less than 4,0001 due to Alt..
Young, he was to pay the residue to make up the 9,000/.,
the accounts of the paper were to be made up and settled
up to the 28th of Feb., on which dty Mr. Young was to
ply and to receive every thing, and he was to give the as-
signees an indemnity against all claims of actions for libel.
Mr. Briggs says that he sent a proper agreement to he pre-
pared by a gent'etnan at the Chancery bar, with directions to
prepare an assignment, and the instructions were, that
no assignment should be made until the money was
paid. Now, my Lords, we shall see whether the state-
ment by Mr. Bell, that one of Mr. Briggs's clerks was not
present, is the fact or not. Mr. Briggs says, that a pro-
per agreement was prepared by the said Mr. Coventry.
" That a proper agreement was prepared by the s
id
Mr. Coventry, and the same was submitted to Mr. Bar-
trum, the solicitor of said Murdo Young for his perusal,
who having returned the s tine to deponent approved, the
same was engrossed on stamps, and deponent on the follow-
ing Saturday, the said 19th March, attended at the said
counting-house of the said Mr. Thornton, in Birchin-
la ne aforesaid, in order to get the same executed, and carried
into effect, where he met several persons assembled, who
stated that they were friends of the said bankrupt, and
attended for the purpose of making proposals for the pur-
chase of the share and interest of the said bankrupt in
the said newspaper. That he did not at such meeting de-
clare that the property was sold to Mr. Young, but on
the contrary thereof, stated, to the best of his belief, and
as the fact was, that the agreement to sell the same to
Mr. Young was conditional only, in the event of no
other or better offer being made by any other person, or
words to that effect."

This, myLord•, is the great point in contention, the parties
on the other side all hold that he did make such
statement, and upon this they make a charge against Mr.
Briggs of having been guilty of a deliberate falsehoo I.—
Mr. Briggs says that the declaration he then made was so
made in the presence of the said assignees, and all the other
parties, and would have been immediately contradicted if
untrue. Mr. Briggs further says, that he believes Mr.
Thornton was present during the whole time of the meeting,
except leaving the room for a few minutes, as occasion
might require, to go into his counting-house. Now your
Lordships will see in which way the other side
put it. The sum and substance of the whole is,
that the fide was a conditional one ; the other
side in every instance stated that in their offers they were
met by Mr. Briggs, stating, " you are too late, the business
is concluded ;" Mr. Briggs thought so, but upon going into
the room to the assignees, and finding that it was not so,
he came Lick and said, " No, 1 am mistaken, you are at
liberty to bid; " the libel, however, stated, without any
qualification whatever, that all the offers were re-
fused. Now Mr. Winchester says that he did not
deliberately repeat, nor in any manner repeat, the false-
hoods which Mr. Briggs is alleged to have uttered,
nor did Mr. Briggs utter any falsehoods to deponent's
knowledge or belief, on that or any other occasion, in re-
lation to the proposed purchase by the said Mr. Young,
but, on the contrary, he always asserted that such sale to
the said Air. Young was conditional only, and that his
understanding was, that unless the offer made by Mr.
Young was increased, the agreement was to be signed.
Mr. Briggi states that at the meeting a paper was put
into the hands of Mr. Thornton, on the part of Messrs.
Bell and Lomax, offering for Mr. Grant's three-fourtha of
The Sun Newspaper, and the copyright thereof,
presses, type, together with the interest of the
assignees in the lease of the premises in the Strand,
the sum of 11,0001. sterling. Now, what was stated
against that? Why, that Mr. Briggs had deliberately