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

(No. 1.2,393.)

ing, was then appointed for the following Wednes lay, t
complete the purchase, and Mr. Briggs, on behalf of
assignees, w,ts reqUested to attend. Mr. Thornton attend,
the meeting, but neither Mr. Winchester nor Mr. Beige
attended—their ab,enzte effectually preventing the agree
ment from being executed, in order that Mr. Young migli,
have the property. Mr. Young then filed a bill in (init.
to compel the sale to him ; and at a meeting of creditor
on the 23d of April. a case was produced by Mr. Brigg-
which he stated he had submitted to Mr. Montagu, an
in which it was stated that the property had been sold t,
Mr. Young, before the offer of Lomax and Bell.
—The proceedings in the Court of Chancery were
still going on, the property was going to ruin, and ttr•
creditors had not received a single shilling from it. I
these facts should be substantiated by the affidavits—if he
made out that there was such a scheme concocted by Mr.
Briggs and Mr. Young, and that Mr. Winchester had
lent himself to it—and also that Mr. Grant had lost ail
chance of having any sot plus out of the property, he wa,
sure the present Application would not be granted. He
had no less than seventeen affidavits made by various per-
sons, among whom were Mr. Thornton, Mr. Searle, Mr.
\Watley, Mr. Bell, and Mr. Lomax—none of them, ex-
cepting Mr. Bill, having any interest in the question—all
of which completely and incontrovertibly proved the
charges in the pamphlet. The Learned Counsel then pro-
ceeded to read portions of the affidavits on which the rule
was granted, and of those in answer to it, in order to
support the truth of the libellous matter. The following
affidavit of Mr. Thornton he read at length :

AFFIDAVIT OF MR. THORNTON.
" IN THE KIFG'S Bstsicx.—Henry Sykes Thornton, or
Birchin lane, in the city of London, banker, maketh oath
and saith that a commission of bankruptcy having, upon
the petition of Henry Winchester, Esq., been issued
forth against Mr. Patrick Grant, this deponent, together
with the said Henry Winchester, were appointed assignees
under such commission. And this deponent further
saith, that lie bath been applied to by the said Patrick
Grant to depose to certain proceedings which have taken
place under the said commission, which this deponent, as
an act of justice only to the bankrupt, has consented to do,
this deponent disclaiming any connexion or participation
in the conduct of the said bankrupt with reference to the
application in this matter. And this deponent further
saitli, that the said Patrick Grant bath, in the judgment
of this deponent used every exertion for the interest of the
creditors under the said commission, and was allowed,
both by this deponent, and the said Henry Winchester, to
pass his examination with their joint approval and con-
currence. And he, deponent, was no party to the instruc-
tions stated to have been afterwards given by the said
Henry Winchester to communicate with the said Patrick
Grant as to certai❑ alleged deficiencies. And this de-
ponent further saith, that so being satisfied, he immediately
on the application of the said Patrick Grant, acceded to
his the said Patrick Grant's request, of signing his cer-
tificate. And this deponent further saith, that he believes
an investigation of the, partnership accounts between the
said Patrick Gr int, as the proprietor of three-fourth
parts or shares of and in The Sun newspaper, and
the types, printing-presses, machinery, and other
articles belonging thereto, and Murdo Young, the proprie-
tor of the other fourth part or share, did take place by
some account; hut he says that such account has never
been formally examined by him. And this deponent
further saith, that having understood from the said Thomas
Briggs that several offers had been made for the purchase
of the said shares, a meeting of the creditors of the said
Patrick was duly convened on the 25th February, 1831,
and certain resolutions were passed by the creditors as-
sembled, authorising this deponent and his co-assignee to
sell the said shares and interest iu such manner as is set
forth in the affidavit of the said Henry Winchester and
Thomas Briggs; and that the said Thomas Briggs shortly
afterwards called upon this deponent several times, and
pressed him very strongly to conclude a sale to the said.
Murdo Young for the sum of 7,5001. (which purchase-
money was to be paid and allowed in manner set forth in
the said affidavit of the said I-henry Winchester and Thomas
Briggs), whilst another and better offer, in this deponent's
opinion, was pending ; and which deponent refused to do,
inasmuch as he did not consider the offer made by the said
Murdo Young the most beneficial for the said bankrupt's
estate. And this deponent further saith, that in conse-
quence of the said Henry Winchester hiving, on or about
the 12th of Match, 1831, called upon this deponent,
and informed him, that the said Murdo Young had, by his

the said Henry Winchester's persuasion, increased his offer
to the amount previously offered by other parties, viz ,
9,000/., which sum he would shortly be prepared with,
and in consequence also of having seen the said Thomas
Briggs on the same subject, who had also informed him
that the other persons who had been negotiating for the
purchase of the said shares had withdrawn their offers,
and therefore it was his opinion and advice that a sale
should be carried into effect with the said Murdo Young,
he, this depenent, appointed a meeting with the said
Henry Winchester, Thomas Briggs, and Murdo Young,
to take place on the 17th of March, IS3I, at his count-
ing house, to mange the terms of such sale. And this
deponent further saith, that aecordingly, on the said 17th
of March, the said parties duly called upon this deponent,
when it was stipulated and arranged bet,leen this deponent •
and the said Henry Winchester, as assignees as aforesaid,
that the said three-fourth parts or shares should be sold to
the said Murdo Young on the 19th day of March then
next for the sum of 9,000/., provided, in the mean time,
no larger sum should be offered by any other party ; but
this deponent denies that he in any way gave directions to
the said Thomas Briggs to prepare any deed to the pur-
port or effect of the instructions set forth by the said
Thomas Briggs in his said affidavit, as having been
submitted by him to Mr. Coventry; neither did this
deponent instruct the said Thomas Briggs to get such
deed engrossed. And this deponent further saith, that
in consequence of a letter addressed by this deponent
to the said Patrick Grant, on the said 19th day of March,
John Bell, James Samuel Lomax, Joseph Searle, and
Hugh Grant, waited on this deponent at his said counting
house, stating that they had come to bid for the said three-
fourth parts or shares ; and this deponent being engaged
at the time, caused them to be conducted into another
room, there to await the arrival of the said Henry Win-
chester and Thomas Briggs. And this deponent further
saith, that after some time had elapsed, the said Thomas

Briggs came to this deponent and stated, that there was in
an adjoining room a set of people, friends to the said Patrick
Grant, who stated that they had come to bid fair for the

said newspaper, and begged this deponent not to entertain
any proposition which might he made by such parties, as
they had no money ; he then requested this deponent to
permit the said Murdo Young to have the said shares accord-
ing to the said deed, which the said Thos. Briggs stated he
hid prepared and engrossed, and by which deed the said
Murdo Young was to have the said shares for the sum
of 9,000/. subject to certain deductione, amounting to
about 1,000/. And this deponent further saith, that
he refused to comply with such request, and directed the
said Thomas Briggs to procure the offer of the said parties
in writing ; and that thereupon the said John Bell
and James Samuel Lomax sent in to this deponent and
his co-assignee an offer of 10,0001. for the said shares,
the same to be paid in manner set forth in the affidavit of
the said Henry Winchester and Thomas Briggs; upon
which the said Thomas Briggs called the attention of this
deponent to the two offers, and declared it to be his opi-
nion that the offer of the said Murdo Young was the pre-
ferable and the best. And this deponent further s iith
that the said John Bell and James Samuel Lomax, having
afterwards increased their offer to the sum of 11,0001.,
the said Murdo Young was directed to come before this
deponent and his co-assignee ; and the said Murdo Young
having then also bid the same sum, the said John Bell and
James Samuel Lomax were directed to come before this
deponent and his said co-assignee, and thereupon a bidding
took place between the said John Bell and James Samuel
Lomax and the said Murdo Young, until the said
shares were declared sold to the said John Bell and James
Samuel Lomax fer the sum of 13,000/., Murdo Young
refusing, on being asked, to bid more than 12,500/. And
thi: deponent further saith, that he denies that the said
Thomas Briggs and all the other before-mentioned parties
were in his presence the whole time; and particularly
this deponent smith that he was not in the room where
the said John Bell, James Samuel Lomax, Joseph Searle,
and Hugh Grant were when the said Thomas Briggs and
Henry Winchester entered. And this deponent further
saith, that throughout the bidding or competition which
so took place as aforesaid, it appeared to this deponent
that the said Thomas Briggs was anxious that the said
Murdo Young should become the purchaser of the said
shares, and this deponent further saith, that the said John
Bell and James Samuel Lonsax having been declared such
purchasers of the said three•foucth parts or shares, a
memorandum of the contract was directed to be prepared,