The Sun.
London, England, 1803-12-21 00:00:00

was an understanding that Captain truPart was to
be liberally recompensed. This liberality, he said,
had not been shown to that worthy Officer; so that
he vas driven to this adion. The whole value of
what Captain Huddart gave tip on this occasion way
about 8,0001. but certainly 5,0°01, was a very mo-
derate sum. However, they were not in a condition
to support a claim, for that sum. They must be
contented with what they could establish in evi.
dence, and that amounted only to mool. That
suns a respedable Gentleman would prove he heard-
Sir R. ilotham declare he would allOw to Captain
Huddart on the account of this tranaadion. •

Captain Blanchard. said, he knew Sir R. Hutio,rn
intimately. He remembered Captain fluddart was
once Captain of the Royal Admiral East Indiaman,
of which Sir R.Hotham had rao r 6ths he believe& He '
thought it was in the yeah7BB Sir IC Hothain parr- •
ed from his interest in that ship. Captain fiudtlarr
-ceased to be Captain -of that ship, afterwards Capt.
Bond succeeded, He remembered hearing Sir R.
Hotham repeatedly say, that he had promised to
Captain Huddart toool. oil that account.
Un his ceoss.examination, by Mr. ERserNE, this •
Gentleman said, he believed that Captain Liashiart
was.put into this ship entirely by the friendship of .
Sir R. Hotham, and Which was a rare instance, fee
that "the sums paid for this office were very large. He
had known it indeedl 1 fur
Ailt. 3,0001. but he had also
known 9,0001. given for it. But in this ca-e' Sir
R. Hothatn most undoubtedly gave this office to
Captain Huddart without any money consideration
whatever, and he believed also greatly through
ffiendship ; but he also expetted from Capt. Hod-
dart great aCtivity. Sir R. Hotham proyidelabov
for the son of Captain fitnidait, he appointed him - •• ,
Captain of the York, without one sliding, or any , !
pecuniary view, direelly or inditeCtly, tor ha-
had great friendship for all Captain Huddart's farm.
ly. Captain Huddart went four voyages in this •
ship before he was solicited to give it up. Now he -
believed they go' six voyages, but formerly they
went but four. He did not know whether Capt.
Huddart had claimed this soool. of Sir R. Hothamo
it was impossible for him to say so. Capt. Hutidart ,
was a remarkably mildest man and not' likely to are:
for money, nor would he have wished to (parte'
with Sir R. Hotham; but the witness did not think
he was in the least in the expe&atiort of any legacy •
from Sir R. Florham. -Sir R.' Hotham died about
four years ago.
Mr. ERSKINE addressed the Jury in vindication
both of the memory of the' late Sir R. Hotham,
and of the purity of the motives ofthis Represeota. •
tives, who only came before the Court to see that •
no Improvident use should be made of his estate,
by yielding to unreasonable claims. It appeared
he said, that Sir R. Hotham had appointed this
•
Gentleman to a place, which nobody had for less
than pool. and for which had been given 90oolo—s
he had done the same thing for the son of this Gentle..
man, without the consideration of a single shilling,
so that there was no •reasonable complaint on the
part of this family against Sir R. Hotham. With
regard to the present demand, he apprehended it to.
border as closely upon what the Law called sudam
pH:try: as any
,case he.ever knew, and he most leave
it to my Lord to tell the Jury whether ,it was not
quite so. As to the parties, he said he knew them
all. He knew Sir R. Hotham, whose vast fortune
was much impaired by unthriving speculations in
building at Bognor, but who was honourable
man. He knew also the Plaintiff, Captain Huddart,: . •' •
who was a man of honour Also;• he was.Castnetel for
him in a cause that was to be tried in a day or two.
He knew the Gentleman who had just.: been exa,
mined, and he was a man of honour too. .But with
regard to this case, if the parties had not heir iii
the Court of Chancery, they might have- pleaded
the Statute of Limitations as to this promise, for •
it was more than six years ago; hut that Court
had prohibited them from pleadiog that statute. He
wished the Court of Chancery would leave them to
themselves in the Courts of Law. •
Lord ELLENaoltooott was clearly of opinion,
that the giving up of the claim of Captain Huddart
in this case facilitated time sale of the ship by Sir
R. Hotham, who might otherwise have had to settle I
with the Company on the appointment of another.
Captain,and was a good consideration in La w, to move
Sir R. Hotharn to make this promise to give Capt.
I Luddart 10001. He had made that promise, mind
therefore it was binding. As to this action being.
•defended, there was no reprgach to the parties who
defended it, for they were bound as representatives
of the estate of Sir R. Hotham • see that all claims'
upon that estate were legitimate. .
Verdict for the •Plaintiff-.-Damages t000l.• .

COURT OF CHANCERY, DY.C. 19,
I'UIeCELL MACNALIARA, kSQ.

THIS Cause (and to use the words of the Loßts„
CHANC LLOR,' a more important one never_was
brought into that Court) occupied the attention of,
his Lordship and of the Learjied Counsel, iat _the:
hearing, upwards of a week, ,the. last .day of which
was July tt, 1803. It was °undated with great.
abilities' by Mr. Itomtl,LY and Mr. HART for the
Plaintiff, Ind by Mr. Soo o ma. GEN
MA NSF I I LI) and Mr. PEhillakTON, lot the 1)e.
fendant.

The Plaintiff Vnts•Miss Frances Purcell, who, if
the Deeds in question had nut been executed, would
have been entitled to a moiety of the real Instate,
which was the subjeft yithete Deeds. .
The first Defendant was. John Macnamara, Esq.
in whose favour the deeds in question in this cause
were executed,. The whet Defendants were Miss
Margaret. Pureellotister to. the Plaintiff, and who
would be entitled to the other moiety of that estate
if the •deeds.in question had not. been executed,
but Whti was perfettly satisfied with the execution
of the deeds- and did not wish to overturn them,
Colin Baillie, George Baillie, John Turing, Robert
Lang, Nathaniel Snell, and Erich I.ort; Reay, who
Were the representatives of Mr. James I.l)itbe, who
•.wns a mortgagee of that estate.. The p6yer of the
Bill was, that the Defenttant, Mr. Maenanura, might
be decreed to come to aii•account with the Plaintiff,
Miss Purcell,•touching alt money dealings and trans.
anions between them, and touching al! tnatter
concerns whetein acted as Trustee or Agent,
under any deed or instrument executed l,y the said
Plaintiff, and that Luzlt balance as ylvjulii appear