The Sun.
London, England, 1828-12-18 00:00:00

PRICES OF STOCKS THIS DAY AT ONE O'CLOCK.
Rank Stock • 210 ISouth Sea Stock —
:1 per Cent. Ttod. 36% % % roid Annuities —
3 ner Cent. Cons shut 'New Ditto —
'l+4 per Cent 95 Ex. Dills, .£l, 000 2d. 65 69 pm.
Ditti Red. 95 16 Ditto' 500 2d. 66 68 pm.
I per Cent.
Ditt.„ I-126, 101; % I Ditto Commercial
Bmk L. Ann • l9 .-16Illank for Account •
India Stock shut !India for Account,..- ..... ---;on A. nas ... ......... 69 71 pm. ICons. for Acct •
SIM%

PRICES OF FOREIGN FUNDS THIS DAY AT ONE O'CLOCK.
Austrian Bonds
Brazilian Bonds — 'Peruvian Bonds ... .-
Buenos Ayres Bonds 49 16 ;Portuguese Bonds
Chilian Bonds — 'Prussian, Old
Colombian Bonds ...... ....... initto, New —
Ditto, 1911. — , Russian • 951
Danish - 'Spanish. INI lO V,
Greek Bonds
Ditto, 19115 — IFrench Rentes, sp. c. Erf. —c.
Guatimala — —..—.-- Exchange YU 30c.
Mexican Bonds ... —:---- 3 per cent. -.X. —c.
Ditto, 1825 .34% . Exchange —.l. —c.
_..

PRIM OF SHARIS THIS ➢AY AT ONZ O'CLOWC

Paid.
Brazilian hop. Mtn. Co. (iss. at 51. pm.) 420.
—Ditto National.-- ......... .... 5
Real del Monte Mining Co.
United Mex. in. Co. (iaa. at 21. pm.)
PRICES OF Ik

Bank Stock
Consols, 3 per cent
Gov. Stock, 344 per cent. 94N
Ditto New .........
4 per Cent. 10144
Gov. Deb. 3Ni per cent
!loyal Canal Stock
Grand Canal Stock —
City Deb. 4 per cent —
BAllast Office Deb. 4 p. c

111 A
Arrived, Due.
O America 0
O Brasil
O Buenos Ayrew 2
1 Dublin 0
1 Flanders ' 0
O France 1
O Gottenburgh 1
2 Guernsey &Jersey 0

Per Share.
9% 10

'KS, DUSLIN, nEe. 15.
St. Patrick Incur. (par
'Royal Irish Ditto
INational Ditto
Patriotic Ditto «.
ernian Bank
I Provincial Ditto

Royal Irish Mine
Imperial Mine
Mining CO. of Ireland
CominezciAl Buildings

Arrived. • Due.
O klarnburgb
O Holland
O Jainaiea
O Leeward Man&
O Lisbon 0
• Malta 0
O Mexico
1 Waterford

HIGH WATER AT LONDON BRIDGE TO-MORROW.
Morning ...52 minutes after 11. 1 Evening.... U minutes after 0.

'op
, _

LONDON,
THURSDAY EVENING, DECEMBER 18, 1838,

The Prussian States Gazette of the 10th
inst. contains the following official account
of the operations of the Rl:ssian Grand
Army, up to the 10th of November, two
(lays after raising the siege of Silistria.
It does not appear by the Russian account that
their loss is at at all so great as represented by
the German Journals. But the truth is not to
be expected from either party :

BERLIN, DEC. 10.
The St. Petersbnrgh Gazette contains the follow-
ng news from the army in the field, from 17th
of October to the 10th November.
According to the general plan of :the military
operations, `the 3d corps of infantry began on the
15th its march from Shumli. Up to the 19th it
was not in the least disturbed by the enemy. In-
considerable marauding parties, which•shewed them-
selves from time to time in the rear, did not venture
to attempt 10 impede the movement of the troops.
But on the 19th, when the corps was to piss a
woody defile, near the viitage of Acdochda, the rear
guard was attacked by the enemy, who bad came
from Shumla with 8,000 chosen cavalry, and a de:
tachnient of infantry and artillery.
Notwithstanding his attempts he was defeated
with great loss on his•side, and the march of the
third corps 'to the place of its destination was coati.
nued without any further interruption from the
enemy, though the badness of the roads, in conse-
quence of the cold and rainy weather, which set in
remarkably early for that country, rendered the march
every day more 'difficult. This weather alo checked
very much the progress of the siege of Silistria. Yet
they were:proceeding as quiciapts possible, but when.
from the incessant torrents of vain, the ground
on which the trenches were to be made tva,3 entirely
under water, and the arrival of materials rendered
not merely difficult but ;:mpossible, the Corn.

lander-in,Chief, General Wittgenstein, resolved on
he 2d November to change the siege into a bom-
bardment, which was kept up successfully for PriP
days and nights.
Meantime the cold increased to ho *, a heavy
snow covered all our batteries and the clay huts of
the soldiers, and large flakes of ice appeared in the
Danube. In this manner nature itself, by the
commencement of a winter of extraordinary
severity, even in Northern countries, interrupted

the progress of the operations before Silistria,
And threatened to cut off the communication
between the left end right banks of the Danube,
and to stop the supplies of provision and ammunition
from the besieging corps. The blockade of Silistria
was therefore diccontinued, and on the 10th Novem-
ber the troops of the second and third corps began
their march to the winter-quarters assigned them to
Moldavia and Wallachia, in two columns, one of
which passed the Danube in vessels belonging to the
flotilla on that river, near the village of Kallarasch, and
the other at Hirchova, except the sixth division of ins
fantry, which, with the cavalry and the troops of the
Don, covered this movement. To observe the garrison
of Silistria, a strong division of the fleet remains oppo-
site the fortress, the village. of Kallarasch on the left
bank is being fortified, and redoubts erecting at suit-
able places opposite the fortresses still in the hands
of the enemy. According to reports from Varna
and its neighbourhood, nothing particular had occurred
there, and the enemy had no where shewn himself.
In Little Wallachia the port of Kalafat has fallen into
our hands. Baron Geismar took advantage of the
terror caused by the fall of Varna, and by the de-
feat of tile Paella of Widdin, at Bajaleseht, and re-
solved to attempt an attack upon Kalafat. After
a march of 50 wersts (nearly 34 miles) in one night,
he appeared before the fortress, and the terrified gar-
rison abandoned it with the greatest precipitation, fly-
ing in troops to Widdin, in which retreat many
were drowned in the Danube. As soon as our troops
had. got possession of the fort, they immediately
began. to errect additional works on the bide next the
Turks, by which Kalafat was put in a state of corn-
spel es
st
ieo
of
efenee against any hostile attack. The
thispos-
session fortress is so
.far important to us, as
Little Wallachia is thereby protected against in-
vasions from the .right bank of the Danube.
Accounts from Tiflis of 4th November refute
various successes obtained over the Kurds in their
attempts to intercept some hundred waggons. and
provisions, &c.

fittni€,EbS, DEC. 16.

Positive information from Magellang, .of 4th
August, states that Diepo Nigoro was still at Sinn_
broto, and resolved to remain there, unless our
troops should oblige him to leave it.
The debates in the Second Chamber relate to the
law on the organization of the Courts of Justice.—
M Coche Momens is acquitted, and M. Ducpetiaux
sentenced to one year's imprisonment, a fine of 500
florins, and the costs.

* Reamer, or 189 Fahrenheit below freezing.

The last letters from Copenhagen state that
the measles had become extremely prevalent in

the Capital, so much so that.
,upwards of 12,000
persons had been affected by this .dangerops,

disease.

We cordially congratulate the Catholik. of
Ireland upon the wise determination of the As-
sociation to abandon the intention of sending a
Mission to England. That Mission could do
no good to the cause, nor even succeed, we ap-
prehend, in obtaining the respect due to the Re-
presentative of the people of Ireland. On the
contrary, we think it would tend to alarm rather
-than -convince—it would root' yet mote deeply
the prejudice of those who are conscientiously
opposed to emancipation, while it would aford
atnple occasion for malevolence to turn the tide
of prejudice more strongly than ever, through the
secret channels ofself-interest. The Missior ori-
ginated with Mr. O'CoN N ELL—it was the crea-
ture of his fancy, and reached maturity through his
guardian—we may say his persevering anxiety—.
but there even his influence ceased. The mighty
" Agitator" had power to call the Mission into
being, but he could not move it into action.
And why ?—simply because it was against the
good sense of the people. There is a moral in
this which may teach moderation in the highest
places. The Mission had altogether too much
the air of a Quixotic adventure=more calculated
to annoy the people of England than to bene-
fit their brethren in Ireland. It would cer-
tainly " agitate the friends of Emancipation,
but not as 'certainly convince them of the pro-
priety of doing -so. Far less could it hope to
win over admirers to the cause from the adverse
ranks, where the more gentle and obtrusive ad
vocacy of the English Press had failed to per,
suade. .In fact, we think that the proposed, bu'
now abortive Mission, was conceived in an er•
roneous estimate of English character—and
was at the same time paying no great comp.

meat to the Metropolitan and Provincial Press
of England to suppose that the " Oratorical"

Mission could achieve what the calm reasoning
of the Press had failed to accomplish. But
we acquit the Association of any such expecta-
tion. The purpose intended was no doubt good
but the meards were not equal to the end.
In large towns, where the public mind is more
enlightened, and consequently more friendly—
we may say decidedly friendly—to Emancipa-
tion, the Mission would-be received with respect,
but the " March of Mind" would not attend
its progress through the country. The Com-
-mercial community would be liberal, but not so
the Agricultural. The march of intellect has
yet much to irradiate in those districts where
self-interest sways many, prejudice more, and
conscientious scruples still more. In those dis:
tricts speechifying could do little, and that little
would be made still less from the consideration
that the Mission had a purpose to serve. It

would not much'matter that that purpose was
'just. f‘ It was dictated by sellinterest,"--and
the resistance would be proportionate to the sel-

fishness or prejudice, or honest conviction of the
party. People, even though convinced, do not

generally like to surrender their judgment at
discretion. They take leave of their pre-
juice with more lingering respect than they

approscii the threshold of conviction.

Their

vanity is more sensitive than their virtue. In

Fact, many of the people would be disposed

tolthink that the Mission had come over not so

much to rPnVillCe them of the justice and expe-

diency of conceding emancipation, as to make

proselytes—and there arg not wanting those who
would take care to circulate such 3repor4, The

naturAl consequence would be that instead of

making friends, the Deputation would increase

,he number of its enemieg,

From these, and many other muses, it milg
have appeurd dear to the very respectrae
Members of the Miiision, that a visit to England

emild be productive of no positive good, and
they have therefore wisely declined the hQpour.

THE FUNDS.--(THIS DAY.)

CITY, TWREFR 01 Crocr.

The stormy state of the weather has prevanted

any" arrivals from the Continent to-day, except a
Flanders Mail, and consequently we are without news
of the least importance in the City, bat we fear the
accounts from the Coast to-morrow at Ltoyd'n will
be of a very, disastrous nature. Consols opened at
87:t with very little business, and the only altera-
tion is their being now 87i, buyers; the Commis-
sioners gave 86i for Reduced. India Bonds, 67 9
pm.; Exchequer Bills, 65 6 pm.
If possible, business in the Foreign Funds is stilt
worse than in the English, and up to the present
time scarcely a bargain has been done ; Spanish are
more than usually flat, and the exposure of the state
of their, finances, together with the reported attempt
of speculators to saddle John Bull with a portion of
the Stock negotiated in France, is likely to fail,
from the publicity which has been given to the means
hitherto used to keep it marketable.
In Shares the small dealers have opened a new
room at the Auction Mart for their operations, hi-
stead of remaining in the alley ; but such is' the ob-
scure state of this market that, we understand, al-
though they publish defaulters as 'usual, it is of such
a contemptible nature that one of these worthies'
names has been stuck up in this character for the
enormous sum of seven shillings and sixpence !

TWO O'CLOCK.

`'Money continues plentiful, Consols remain buyers
at 87g. India Bonds have taken a start to 69 71,
and 4xeliequer Bills to 68 6Q premium.

THREE O'CLOCK.
Consols for Account, 87k, sellers.
FOUR O'CLOCK.—CLOSING PRICES.
Consols --
Dania
Do. for Ac. 87a Greek, 1825
Brazilian Bonds 63i Mexican, 1825 32/
Buenos Ayres 48i Peruvian 181
ebilian Do. 244 Russian 95/
Columbian, 1824 231 Spanish 10/

.SIIIPPIN_GINTELLIGENdII,.7(THIS DAY,

FROM LLOYD'S.

DEAL, DEC. 17.—Wind W.S.W.—Arrived the
Ruby,. Cornish,' from St. Michael's ; Quebec packet,
Atkinson, from Quebec; and Tobago, Lardler, from
Miramicbi.'
PORTSMOUTH, DEC. 17,-,Wind
rived from London, the Maxfield, Brown, and Pons
Aelii, Callendon, for Sierra Leone; and the Prince,
Edgar, for Smyrna.
PLYMOUTH, DEC. 16.—Wind W.S.W.—Arrived
the Ann Parry, Jones, for Cadiz, and Weymouth,
Miller, for Bermuda, both from Portsmouth. Ar-
rived from London, the William Henry, Robeson,
for Grenada; Ibes, Harper, for Oporto; and Olinda,
Robinson, for the Cape. .

FALliouvi, DEc. 16.—Wind S.W.!--Arrived
from London, the Elizabeth, Collins, for New South
Wales; Oscar, Henderswell, for Rio Janeiro; New
York packet, CrOsbie, and Eagle, Price, for Jamaica,
and several-"others outward-bound.

The Joshua and Mary, -, from Rotterdam
to Aldborough, leaky, having been on shore, bound
to Mahlon.

The Argo, Moss, from Rotterdam to Yarmou

leaky, and must discharge, bound to Liverpool.
The Danemark, Eben, from Copenhagen to Arun-
dehl, having struck on a rock, and must discharge,
bound to London.

The Laurel, Brown, from Kell to Arundehl, the
28th ult. leaky, and discharging, bound to Hull.

LAW INTELI IGENCE.-(THIS DAY.

COURT OF CHANCERY.
JUDGMENT.

EX-PARTE HOLLAND IN THE MATTER OF MARS.
•
STRACY, FAUNTLEROY, AND CO., BANKRUPTS.

Messrs. Stone, Gahagan, and Henry Fauntleroy
were trustees of certain stock, amounting to the sum
of 17,000/. Henry Fauntleroy prepared and signed
a power of attorney for the transfer of it ; he signed it
in his own name, and forged that.of his co-trustees.
By that power of attorney he gave authority to the
other members of the house individually and collec-
tively to transfer the stock. In consequence of the
execution of this power, an order was sent to the
house to a Mr. Spurling, its ordinary stock-broker,
authorising him to sell the stock. Mr. Spurling, in
consequence of this, entered into contracts fur the sale
of it. Stracey went to • the Bank of England, and
claimed to act under this power. Mr. Graham also
went. The stock was transferred; the money
which was the consideration was paid to Spurling,
and by him paid into the house of Martin, Stone, and
Co.; who were the city bankers of Marsh, and
Co., that payment, therefore, must be considered as
a payment to Marsh and Co. Spurling was in the
habit, according to an agreement either implied or
expressed, when he sold stock for . the house,
'of dividing the commission with them, and
in this case he paid into the house of Martin,
Stone, and Co. half the commission, amounting to
91. and upwards. That was carried together with
the other payments by them to the credit of Marsh
and Co. generally. The account between these
bankers with this item in it, was settled upon more
than one occasion by the house of Marsh and Co.,
and they therefore must be taken to be cognisant of
the particulars of it. Upon the apprehension of
Fauntleroy, a paper was found in his possession in
the ha4d•writing of Graham, in which he stated,
that to make up the sum of 16,000/. money was
paid. The Court did not recollect at this moment

he precise terms, but money was paid into the
house of Martin and Co., money of the trustees.
These were the facts. The house had contracted for
the sale of their stock, the house effected the transfer,
they received the consideration, they divided the
comlnissioe, and a member in the house admitted
that the money in the hands of Marsh and Co, was
the money of the trustees. Who then could
doubt, upon this state of facts, unqualified by
other circumstances, that an action for money
had and received might not be maintained
against the house. But it was said that this was
arranged and contrived by Fauntleroy, that the
money was paid into the house of Martin and Com-
pany by his fraud and through his contrivance, and
that he afterwards drew it out, and that riothing re-
mained in the hands of Martin. The facts did not
establish that proposition. The money was paid in
upon the general account of -Marsh and Company,
it betame'part of the general funds,. the drawings
out were upon the general account by Fauntleroy;
and the Court did not see how the drawings upon
the general account could be considered as an extin-
guishment of the claim of the trustees to this money.
But it was said, upon the authority of the case of
" Davis v. the Bank of England," decided ins the
Court of Common Pleas, and afterwards in Error,
by the Court of King's Bench, that that was
not so. It was said that the trustees were at
this moment In possession of the stock, but
in considering that it was necessary again to look at
the facts of this case. The contract for the sale was
made, the stock was actually transferred in the books
of the bank by the house of Marsh and Co., pro-
fessing to be the agents of the owner of the stock,
there was no stock, therefore, standing in the name
of the trustees, it had bean transfe;red- to the names
of others, and according to• the evidence it further
appeared,.and probably that was the case with re-
spect to the greater part of this, that after it had
been transferred into the name of other parties, it
became mixed up with other monies of other parties
in the books of the bunk, It Velo difficult to know what
course should be adopted to put the 4ostees in the
situation referred to at the bar. They could not
self aka stock, there was nothing at this moment
standing in their names. If the Bank of Enkland
were liable, they might, it was true, make a new
entry of new stock, to the credit of these trustees,
but wheeher the Bank can or not be called upop tq
do thia, was unnecessary to decide. The question I
was, whether the tre.stees, under such circumstances,
could say the parties tramigrying the stock profess-
ed to act as the agent of the tru'stees; the act which
had been done was altogether void • the authority
was void, because it was a forgery. Such a state-
meat could oeyer be set up,in a court of law; and
it could not be set up-4? Alp' Court, which for this
purpose must be considered as (2,9urt mixed up
with law and equity. It was said there wap an
agreemeet between the trustees and the Bank of
England. The Court had looked at the terms of the
agreement, and founid thg it was contingent upon the
proofs of these gentlemen. Annther argniment was that
it was an attempt to ratify a felonious act. Now the
Court of King's Bench had said that was fp. mated
upon u fs)lacy, that felony was complete antecedent
to the transfer; that the transfer was not to be con-
sidered a felony, and the receipt of the money was
uo felony. This Court agreed ailth the King's
rise priie,ieirp4lme
ttlaevdv,
thbye wpahli,tcyh
t‘ivratesd
iwt
pencil in that judgment. There was then 041;0
by
euirepse of recovering compen-
sation eoruel could
snfeaol
ttoionpiyirofocreetdhaft injury hin
on,
until he had
prosecuted for the felony. The dohrt th,eo;l4 it
must have occurred to the mind'of the Learned
rariotellibptbiltecu4rabykolenbutooAilftceording to the old' law, gentleman who argued this, that much of his argu-
tr At,
in the PP
whep it Caine to be looked itito, was in-
tulliej/igiskeenitu-
wque:ltoittli , a great deal of
of
fwe
Iry.eceitewptiyol
tkv;,lll9de
persons had had their property stolen by the same
felon, and one of the parties had instituted un appeal
against the felon, and obtained a judgment and con-
viction, the other peaty would not be entitled to resti-
tution, unless he also prosecuted his appeal. This
argument, in various shapes, was presi4 open the
the Court. The case of " Crosby v. Long" was
also called to its attention), with a great many other
eases. There was, as • was well known, a criminal
prosecution instituted against Fauntleroy; he was

found guilty, convicted, and suffered the extreme
penalty of the law. It became unnecessary, there-
fore, for these parties to institute any further pro-
ceedings on any ground or principle of public policy.
It did not appear that they had the means of effec-
tually instituting any 'criminal proceedings against
Fauntleroy for this particular forgery, but the re-
verse-was clear. There was no indisposition or any
backwardness on the-part of the trustees with what
was necessary. Looking, therefore, at the arguments
on both sides, the Court did not see any thing to
lead it _to consider the party was_ not entitled to
prove, and its judgment was, that, as to this parti-
cular petition, it must be dismissed, and with costs.

VICE.CHANCELLOR'S COURT.
The Court was occupied during the early part of
the day with an application, arising out of the will of
the late. Mr. Grindall, whose case has already. ac-
quired so much notoriety. The application, as may
be expected, involves charges which it would be. un-
just to publish, until the entire of the case has been
gone into.

COURT OF KING'S BENCH.
GRANT V. JONES AND ANOTHER.

This was an action brought by the plaintiff to re•
cover damages from the defendant, who has a gas-
fitting and brass-manufactory in Grafton-street, for,
the nuisance caused by the said manufactory, which
prevented the plaintiff.from continuing in her dwell-
ing-house.
Sir JAMES SCARLETT stated the case to the Jury,
and then sustained it by the following evidence
Mr. Beauchamp deposed that he resides next
door to the defendants' manufactory in Grafton-
street, and has done so for three years. They began
to melt brass about months back. Brass is made
from copper and smelting, and the smell and smoke
from it arc very great. The making of brass was car-
ried on two or three times a week, and sometimes
oftener, and during that time it was hardly possible
to continue in the neighbourhood.
Cross-examined
_by Mr. J. WILLIAMS—Witness
has often melted gold and silver in his house, but
little or no stnellitrose from that. The defendants
carried on the melting in the cellar of their house.'
They had done something to witness's, house, and
since then the inconvenience was not so gre4t.ns
formerly, but still the effluvia was very offensive..
Several other witnesses were subsequently exa-
niined, and corroborated the evidence of the forego-
ing witness.

Mr. WILLIAMS then addressed the. Jury for the
defendants, and said that they were both young
men and had young wives and families resident
upon the premises, which they would not have allow.
had the smell been so offensive and injurious to
health as was described. He would call a witness
who resided in the house of the defendants, who
would tell them that there was no offence whatever
that ought to be complained of, and he would also
call a person who superintended the melting, and
who while the fusion was going forward, had gone
to the plaintiff and asked her if she then felt any, of-
fensive effluvia, to which she replied in the negative.
Mr. WILLIAMS then called witnesses who deposed
to these facts.

Lord TENDERDEN then charged the Jury, and a
verdict was returned for the plaintiff—;-Damages Is.

MIDDLESEX SESSIONS.-(THIS DAY.:

LONDON FREE PRESS.

THE KING V. NORTDOUSE AND LOW.

On these defendants being placed at the bar to re-
ceive the Judgment of the Court, having been con-
victed last Session of a conspiracy, the particulars of
which have been fully before the public,
Mr. PHILLIPS said he was requested by Dr.
Sutherland, of Parliament-street, to state that he
was not the gentleman alluded to on a former occa
sion, he hoped this would be noticed, as it was only
an act of justice to that gentleman that it should.
Mr. ALLEY then moved for an arrest of judgment:
The Learned Counsel said he moved on two
grounds ; first, that the indictment was wrong, and
could not in law be supported ; and,, secondly, that
the facts deposed to on the trial were not true, and
he had affidavits completely contradicting the evi-
dence on *which the defendants had .been.conviated.
The indictment contained various counts, and wit:
us long as from that Court to Clerkenwell Church

-- -
(a dist-ance of about 150 yards). One set of counts
charged the defendants with conspiring together,
and by conceit obtaining money from the prosecutor;
the other charged them with obtaining money under
false pretences. Now no one indictment could
-charge with two distinct offences, and where the
punishment was not the same; or, at all events, a
general verdict of guilty could not be received, if
the Jury had found specially that the defendants
had been guilty of fraud, or if. they ,had acquitted
them of fraud, and returned a verdict against them
for a conspiracy, it would have been good; but
a general verdict on an indactraent so framed was
Gad in law. , One of them only might have been
guilty of fraud, and he might have been convicted
and the other acquitted; but to support the charge
of conspiracy, both must be proved to have acted
together,—no one person could be found guilty of a
conspiracy. The Learned Counsel then cited many
authorities in support of his argument, and con-
tended that it had always been held that one offence
could not be committed in two different ways; and
the general verdict of guilty, which bad been re-
corded against these defendants, virtually said that
they had done so ; it was -therefore bad. With re-
spect to the second ground of his motion, for an ar-
restof judgment, after remarking on the want of
prudence displayed by the prosecutor, before he
parted with his money, he said he held in his hand
an affidavit sworn to by Mr. Hume, M.P., which
did that gentle Man very great credit—in which
it was stated that the facts sworn to by the prose-
cutor on the trial could not be true. Mr. Baldey
then swore rx;nst positively that he had never known
that Mr. Hume and Colcinel Jones were not share-
holders in the London Free Press, until the trial in
the king's Bench last July. Now Mr. Hume in
his affidavit swears, that the prosecutor had written
to him on the 23d June 1827, to ask that question,
and that :he (isivir: 1-1.) in reply, distinctly informed
him that he was not a proprietor, npithrr did he ever
intend to became one. The Learned Counsel said,
he must repeat, that this affidavit did great honour

to it nume, and the manner in which he came
forward to maitc j; was equally honourable. The
Court would recollect, that on the trial all the wit-
nesses were ordered out of Court, or else the state-
ment of the prosecutor would have been contradict-
ed ay the time. Mr. Hume had no idea what
had been sworn to? pntil he read the report
of the, case the next day in the fiewspapers?
when he immediately wrote a letter to M.
Northhouse, in which he expressed his opinion that

report was not correct, but upon being informed
by Mi., w, try it It correct, he immediately ex-
pressed his astonishment, aid °gem; to Tpake affi,
davit, contradicting in the most positive manner
what the prosecutor had sworn to, which affidavit
lie now produced ; he had likewise the affidavits of
two other gentlemen of the greatest respectability,
in which they swear that they have frequently heard
the prosecutor persuading Mr. Nortkhpys, by all
means to get Mr. Hume to accept of some shares,
for if they could but persuade him to become a
puker, it would take off a great deal of their own
which if his Learned Friend
(Mr. Dunn) in his exuberance of keal for his Oieutp
had not requested the witnesses to leave the Court;
would have been stated on the trial.

' Mr. PHILLIPS—That did not prevent your asking
vestion.—.Mr. Dunn : We did not know the
fact nntilAl ;vitt day; l)gt we could now prove
that the object of this prosecgtign wgs Tipp ro eotvirt
the defendants but to make, if possible, Mr. 'Lune
acknowledge himself a partner.
Mr. PHILLIPS, on the part of Mr. Baldey, said,
I most positively deny that such was the case, and I
woicld mcw submit to the Court that this case can-
not be decided today-rrhis liTst have an op-
portunity of answering the affidavits.
Mr. ALLEY certainly could not object to that, but