The Sun.
London, England, 1821-12-20 00:00:00

'MERCANTILE SHIPPING, &c.

DEAL, DEc.l9.—Wind S.W.,—Arrived the Tobago, West-
morland, in 49 days, from Demerara. •
SEVEN o'CLoEK.--jtst arrived the Juliana East Indiaman,
Capt. Ogilvie, from Bengal. • .
PORTSMOUTH, DEC. 19.—Wind S.W.—Came in Cie
Franklin, Waller, with loss of jib boom, bowsprit, and sails.
PLYMOUTH. DEC, 18.—The gale of• wind last night from
W. to S. S. W. • was unparalleled .at this •port,- accompanied with
thunder and lightning, and although the harbour was full ce
outward-bound shipping, not the smallest accident occurred,
owing to the undisputable adVantages of the. bieak-water.
• FALMOUTH, DEC. 18.—Wind S.W. blows strong.—Ar-
rived the Marchioness of Salisbury packet, with a mail, from
Jamaica, from whence she sailed the tith of November.
LIVERPOOL, DEC. 18.-7 Arrived the Earnest, Lynam froin
Gibraltar, in 9 days. Also arrived the Robert, Falton, from
New York, from whence she sailed the 24th of November.
RAMSGATE, DEC. 19.—Wind S.W.—The Mount, Stone,
of Plymouth, on shore yesterday on Sandwich Flats, has.been
got off', and come into this harbour. • Also came in several
vessels for shelter.

3IARGATE, DEC. 19.—Capt. Munro, of the • ship Goof/
Czar, reports, that on the evening of the 29th of Octobzr the
Pieder and Emma, of Rotterdam, from Batavia, was totally
lost, with all her cargo, on thejsland of Ascension. •
DOVER, DEC. 19. The Antigone packet, from Calais, wal
obliged to land her mail and passen,rers in the roads to-day, in
consequence of the bad state of our harbour ; she returned in.--
mediately to Fiance. It has blown hard all day with thunder
and lightning.
SEVE!4 O'CLOCX.—Weather more moderate, but the light-
ning continues.
PASSTOW, DEC. 18.—The gale last .night was tremendoils.
from the S.S.E. to W.S.W. The William and Mary, :of
Plymouth, -sailed for Bristol to-day about two o'clock, and it
is feared she has suffered owing to the gale coming on -so
suddenly.
HARWICH, DEC. 19.—N0 Arrivals.—Sailed the bord
Duncan packet, for Cuxhaven ; and the Prince of Orange, for
Holland, both with mails.

Yesterday a Court of Directors was held at the East India
House, when the following Captains were sworn into the coin.: •
mand of their respective ships, viz. :—Capt. F. Adams, of'the
Buckinghamshire, for Bombay and China ; and Capt.
Clifford, Lady Melville, for China direct.—The following
Commanders took leave of the Court previous to departing for
their respective destinations, viz. :—Captain 11. Hamilton,
Dunira ; Capt. A. H. Campbell, Duke of York ; and Capt. J.
Shepherd, of the Berwickshire, for Bombay and China. -
COVE ITARBOUR.—An extraordinary rumour has been in
circulation within the last two days, that an application has
been made to the higher powers for the removal of ttle
AdMiral's station from this port to that of Dublin. The ad-
vantages of Cove Harbour are so pre-eminent in point of situa.
tion, safety and convenience, that we are inclined to place this
rumour amongst the lies of the day ; however, we felt it our
duty to notice it. We regret to state that by the fall of a part'
of the cliff at Cove, 'yesterday, a very respectable old ship+. ,
master, Capt. Baxter, was crushed to death.,-(Cork,Dec.

A HINT FOR THE LADIES.—III the course of
the published evidence before the Committee of the House of*:,
Lords on the Silk Trade, the following question, and ans•t;ie;;.
occur :—" Do many French goods find their way'
this country ?"—Yes: but I do not consider that an evil. There •
is in many a disposition to wear any thing that comes from France' .
and we have frequently found that a few silks thus introduced„,,
;
however improperly, have been copied immediately and where
thcre has been one French garment worn, there have been. a -
thousand sold as French from the very patterns thus copiect.
It is no uncommon thing for a manufacturer to copy a patteth
immediately, and send it down to Brighton, and by means of
fishwomen and smugglers, the silks are sold for French at a
higher price than they would have given for them in London."
f'inu.—Tuesday night, about ten o'clock, an alarming fire
broke out in the premises of Mr. Child, cheesemonger, Lower'
East Smithfield, which raged with great fury until one o'clock
yesterday morning. There being a plentiful supply of water,
the surrounding houses were not materially injured, with
the exception of the one occupied by Mr. Addis, grocer, who
lost property to a considerable amount in the confusion.

CORONER'S INQUEST.—Yesterday an Inquisi-
tion was taken at the King and Queen, Hare-street, Bethnal
' -
green before J. W. Unwin, Esq., Coroner, on the body of Mr.
John Meads. It appeared in evidence that the deceased was a
respectable weaver, residing at Mile-end. On Sunday last he
attended the funeral of a particular friend, at the burial-ground ,
of St. Matthew, Bethnal-green. On his return home in the
evening, across Hare-street-fields, leading from the workhouse
to Mile-end, he stumbled and fell into a quantity of filth, the
refuse from the gas-works, which had been emptied from the-
carts at various times, near the foot-path, from which he could
not extricate himself, and it was supposed he had been suffocated.
The body was found next morning, by some boys who were •
playing—The Jury, in strong terms, reprobated the practice
of shooting the refuse of gas near the public foot path ' • and de-
sired
the summoning officer to represent the matter to the Ves- •
try, in order to ascertain what steps could be taken to prevent
its being shot there in future. After a short deliberation, thgy
returned a Verdict of Accidental Death: from'Suffocation.

TIIE LONDON JOUP,NALS.

DAILY EXTRACTS • FROM TIIR MORNING PAPI:itS
lYccember

I: NEW TIMES.]
Last night 'we received, by express, the Paris
Journals of Monday. The Drapeau Blanc con-'
tains an article, which from the manner in which
it is written and the matter it contains, appears
to be a demi-official explanation of the views of.
the French Ministry with regard to the laws for
restraining abuses of the liberty of the Press.
It will be seen that the accounts from Madrid
present a deplorable picture of revolutionary
anarchy and disorder. An article in the Uniber-
. sal Gazette of Augsburg mentions the receipt of
• advices from Constantinople, by way of Odessa,
to the 12th November. It was not then believed
that any answer to the ultimatum,: of the Russian
Cabinet had been, agreed to. It is asserted that
the Grand Seignor bad more than once declared
in .the Divan that England and Austria had con-
spired with the other Great Powers to crush the
'Porte and annihilate Islamism. As soon as Lord
Strangford learned the invasion of the Persians,
he sent two couriers to Ispahan and Taheram, in
order, it was supposed, to interpose his friendly
mediation. •

[TILE TIMES.]
An express arrived yesterday from Paris. In
The absence of such conjectures on this side of
the Channel as are entitled to any great credence
or respect, with regard to the measures and pro-
bable duration of the new French Ministry, we
may present the test of public opinion on the
other side, as evinced by the funds. Their re-
port is favourable, for the rcntes had risen on
Monday last from 87 f. 60 c. to 88 f. 25 c.; and
this was the concluding price of the day. A
wager is proverbially said to prove the sincerity
of him by whom it is proposed in the opinions
which he professes:; and upon that principle
fund-jobbing, uhich is •a species of wagering,
exhibits the internal conviction of those who
buy or sell ; they are sincere, because they
hazard their money. Those, therefore, by whose
operations the funds are 'raised in France, know-
ing, as they must do, more than the dabblers in
politics on this side the water, are of opinion that
the Ministerial changes add somewhat to the stabi-
lity of the country. Most Sovereigns who have been
banished from their country, would, it would natu-
rally be supposed, desire, on their return, to have a
Ministry composed of their closest friends,—the
partners of their exile, or the sharers in their
sufferings : and yet it has always been most diffi-
cult to form such a Ministry. 'The Cavaliers
constantly complained of the ingratitude of
Charles 11. after his restoration. The King of
France has, however, it is supposed, at last got
an Administration composed of what are called
Ultra Royalists ; and it is the intention of these
to remove the censorship from the daily press.—
The measure is less surprising in relation to the
Ministers personally, than hen viewed in its
probable operation on the nation at large : for of
all the men in France, the Ultra-Royalists are,
perhaps, least liable to personal reproach ; for it
is no insult to a man to upbraid him with those
• opinions of which he daily makes his boast.
—The Liberals, and old Jacobins, on the con-
trary, may be disposed to revenge themselves for
that invective which is most likely to be poured
forth upon them for their conduct during the re.
volutionary excesses, by attacks upon the pre-
sent Government, and the reigning House, and
by endeavours to excite regret in the public mind
for the extinct glories of the reign of Buonaparte.
But, notwithstanding all these considerations, the
funds have risen. Is it conceived, then, that pre-
ventive laws may be withdrawn, because laws
repressive are obtaining more force ?—The news
from Spain, derived through the French Jour-
nals, is brief, hut ominous. More recent intelli-
gence, derived more directly from the scene of
action, and winch we have already published in
our Monday's Journal, is somewhat better.

[IIIOIINING POST.]
The Monilcur of Monday last, and private
advices from Paris of the same date, reached
town yesterday. The new Ministerial arrange-
ments had been completed on Sunday by the
Count of Clermont-Tonnerre taking the oaths
_before his Majesty, as head of the Naval De-
Tartment. Much surprise, and still more appro-
bation, was felt at the wise and liberal course
adopted by the Ultras at the very outset of
their career ; and the del/elopement of their
foreign policy was expected with impatience.
The general wish of all classes and all par-
ties in France (with the exception of the late
Ministers) has long been that the cause of
the Greeks should be supported in a spirited
and effective manner. It was the remon-
strance introduced on that subject into the
address of the Chamber of
_Deputies, that paved
:the way for the elevation of the Ultras to the
Offices of the State. It is now anxiously hoped
'that they will recollect their pledge, and redeem
the character of Christendom from the deep dis-
grace of suffering, and thus appearing to abet,
the massacre of a Christian people within its bo-
som. That they will be anxious to carry this
• great and noble purposeinto effect, no doubt can
be entertained ; but the mode in which it is to
be done may become a matter of deep consider-
ation. It might be easy, and it certainly would
be'popular„to solve all difficulties and to cut the
Gordian knot at once, by having recourse to
the sword,; but in a matter in which such high
interests and numerous parties are involved, the
Ultras will probably take time for reflection be-
fore they venture on a line of operations which
admits of no return.

[-MORNING HERALD.]
The Drapeau Blanc (White Flag, a French
Journal,) is a. mere madcap advocate of all 'that
is most extravagant and obsolete in the preten-
sions of some zealots of the Ultra party, but
having. no support or confidence' from the
present Ministers or the Royalists generally.—
We notice it Co guard the .reader against the
• undue importance whiCh maybe given to it in
the absence or, silence of the other, Journals.
—The friends of *the' late ttinistrr• fidticule the
...,„

Liberals as ha% in peen rti,:ketl by thf‘ Ultras
intz a coalition 'to rid of that A Ar3tion.
But the Liberals. Must lave "very wo,•ll known
what the immediate l'esult would prove: Their
calculation, probably, was that the ,present men,
in the confidence of their power, and the strong
tendency of their principles to return to the in-
stitutions, social and political, of the old Monar-
chy, would run the Government headlong upon
such measures as would oblige- them to retire
from the helm, and yield it to " the children and
champions" of the Revolution. If they disap-
point their adversaries in Cls, they will certainly
have tricked them. They will have done still
more; they will prove themselves to have
learned wisdom and Moderation in power and
prosperity ; after having stem' that -they failed
to learn either in the more natural and ordinary
school of adversity. One great advantage they
possess, which, at the same time, lays on them a
corresponding responsibility. The country which
they have to govern is, at the present moment, in
a remarkable d prosperous and tranquil.

[MORNING CHRONICLE.]
We look forward with expectation to ar-
rival of Lord Wellesley in Ireland. The States-
man-like views disclosed in his dispatches
from Spain, and the provident foresight with
which he detached Sweden from her connec-
tion with France, before the memorable Rus-
sian campaign of Napoleon (the only instance
of diplomatic wisdom our Government has ever
exhibited since the French Revolution), inspire
us with a high opinion of his talents and saga-
city—while the sentiments he has always ex-
pressed with regard to Ireland, and the feelings
he must naturally entertain as an Irishman,
give us hopes that, under his administration,
our Sister Kingdom will, at length, experience
a beneficial change in her government. Lord
Wellesley, we trust, will give to the popula-
tion of Ireland the full benefit of the laws
enacted in their favour, and not suffer an
insolent and bigotted Faction longer to obstruct
the wise and benevolent intentions of the Legis-
lature. The appointment of such a man to be
Viceroy of Ireland, following immediately the
Royal Visit to that Kingdom, is a proof that
such are the wishes of his Sovereign. That they
will be frustrated by minor agents, as some
fondly imagine, we cannot for an instant believe.
Lord Wellesley is not a man to be clerk-ridden.

[BRITISH PRESS.]
We shall be anxious to hear the Report of the
Marquess W * stn the State of Ireland,
which will be returned, most probably, to Parlia-
ment soon after the meeting. It will be no diffi-
cult matte to the scrutinizing eye of the Noble
Marquess to find out, that the dearth of a circulat-
ing medium is the primary cause, and that the
tithes and the rapacity of the middle-men are
the finishing ones, of the present discontent and
disturbances. How can it be expected that the
tenantry of Ireland can pay their rents, when
annually there goes out of Ireland half a million
of capital more than what she receives During
the war the reverse was the case—then, from the
demand for provisions of all kings, Ireland re-
ceived more than she exported, and laid by an
overplus, which has been draining since the
peace, and now is exhausted. A resident gen-
try, the real proprietors of the soil, can alone
remedy the malady.
* This initial and blank appears thus in "-The British Press."

LAW INTELLIGENCE.

COURT Or CHANCERY, DEc..l9.
• WARTLABY V. WARTLABY.

Mr. HART applied to the Court this day to strike off a Bill
which had been filed against the petitioner, Mr. Geo. Wartlaby,
by his mother, Mrs. Ann Wartlaby, on the ground that she had
not been capable, at the time stated, to conduct her affitirs. In
support of the application a very considerable portion of docu-
mentary evidence was adduced, and several affidavits, one of
which contained near fortytilio sheets, filed.
After hearing Mr. HART and Mr. HEALD at some length,
the Loan CHANCELLOR rose at four o'clock. _ _

On nsuig to leave the bench, a Mrs. Stubbs, who had been
waiting for an opportunity, rose amongst the Counsel, and put-
ting up two papers, as in the act of moving the Court, said, will
your Lordship please to hear me address you on this petition ?
The circumstance of course excited attention, and the Loin
CHANCELLOR, With apparent surprise, said, "Not at present,"
and left the Court.

COURT OF KING'S BENCH, DEC. 19.

Sittings in London.:—Before the, LORD CHIEF JUSTICE.

THE KING V. 3eGILLIVILAY.

This was an indictment against Simon*M‘Gillivray, for re-
fusing to take upoill himself the office of inquest-man for the
ward of Walbrou4.l,-(Notice of his election was proved upon the
defendant.
Mr. l'otmicit stated, that Mr. 111‘Gillivray:s refusal had
arisen from his being compelled to embark for America.
The Lout) CHIEF JUSTICE thought that such a fact might
have had its weight with the prOsecutors, but it could not be
taken as an answer to the indictment.
Mr. PoLLOCK said that Mr. 11POillivray was one of two gen-
tlemen who traded to Canada. It was necessary to the conduct
of the business of the firm, that one of the parties should- make
an annual trip to America; and Mr. M‘Gillivray's partner, at
the time of Mr. election, was actually serving the
office of churchwarden.
The Lola) CHIEF JUSTICE said that Mr. Pollock's argu-
ment might have effect in another place; but it could not, in
law, excuse the refusal of his client.
The Jury found the defendant—Guilty.
MARSHALL V. TAYLOR.

This was an action upon the case.
Mr. marshall, a ship-broker, contracted with Mr. Taylor to
let a ship callA the Canadian packet, for a voyage from Lon-
don to Madeira, and the Leeward Islands. The vessel was to
be commanded by a certain Captain Qucich, and Mr. Marshall
(bv advertisement, &c.) procured considerable freight ; but
when the period arrived for putting the cargo on board, Mr.
TaylOr changed his mind,_ and refused to let his ship. '
For the loss of that commission to which completion of the
contract would have entitled him, the plaintiff, Mr. Marshall,
now brought his action.
The defence was, that there had been no written contract for
the letting, and that the verbal agreement had been provi-
sional.
The LonD !CHIEF JUSTICE thought, upon the evidence,
that the plaintiff would at all events be entitled to a verdict.l
The Jury found a verdict for the plaintiff—Damages to be
settled out of Court.

COURT OF COMMON PLEAS, DEc. 19.
Sittings before Lord Chiefiustice DALLAS, and a Special Jury

ROBINSON V. GRAY.

Mr. Serjeant DELI. stated, that this was an action brought
by the plaintiff, as assignee of the estate and effects of George
Hawley, a bankrupt, who had lately icsided in Shadwell, and
carried on the business of a cheesemonger, to recover the sum
of 4001. alleged to have been lent to him by the defendant,
Sarah Gray. She was the daughter, of a llr. Gray, who a few
years since carried on an extensive business as a confec-
tioner, at Maidstone. After her death, which took place in
4019, the defendant alleged she had lent to Hawley the sum in
question, which was repaid in the June following. When Haw-
ley became, bankrupt, the Commissioners having some doubts
as to the truth of this transaction, sent for the defendant, and
examined her very strictly on-the subject. •At that examination
she stated first, that 6001., of which the loan formed part, came
1139 her,pq§§,q§§ionzusu lez-t7y bequea.thed to her by hcr father

teall. tit ft,rwarils contradicted •that ;-staterrici'tt, and her
father had privately Liken the money out of his business, and '
given it to her before his death.
The'Cominissioners, observing
on the difference of the two statements, threatened to send her
•to ,tiiverate ; but she persisted -the last declaration e and they
then asked her what had become of the remainder of the 6001.?
To which she replied, that she find spent part, and lost the rest
of it in trade, but was Unable 'Satisfactorily to prove that state-
merit. She had further doclared, that she had received this
money by a sale of stock since her mother's death, but that
also would be proved to be totally unfounded. The Learned
Serjeant then proceeded to say, that lie should shew that Mr. •
Gray had lived on terms of the greatest affection with his wife,
and had only given by his will a residuary interest to his
daughter, in the property he possessed. There ,was no doubt
that the money had actually been paid by the bankrupt in
'• ."fu.ne, 1320 ; but the question for their consideration was whe-
ther it had ever been lent to him, or whether the whole was
not an invention of the parties, for the purpose of defrauding
Hawley's creditors.
Hannah Gray, aunt of the defendant, proved that Mr. Gray
had carried on an extensive business at Maidstone. He had
subsequently sold it and taken a small shop in Stoke Newing-
ton. -He possessed some property, but in het judgment not
sufficient to live upon without business. After his death Mrs.
Gray and her daughter removed to Shadwell, and carried on
the tea trade. Mr. Gray behaved towards his wife with great
affection. He did not seem to have a more than ordinary at-
tachment to his daughter. Mrs. Gray was not before her death
incapable of managing business.
The will of Mr. Gray was produced, by which he gaye his
property to his wife for life, but in case she married, it was-to
go over to his daughter and her issue.
The first witness was then re-called ; she said there had been
a search for the will after Mr. Gray's death, and it was ulti-
mately found in the possession of the daughter.
Mr. Mouchett, the stock-broker, proved that he had sold
out stock for Mrs. Gray, when she was about to commence
business, but none for the defendant alone. The stock sold
out amounted to 1001.
Mr. Serjeant VatlpitaN, for the defendant, submitted, that
notwithstanding what the Court hail just heard detailed in evi-
dence, the case for the plaintiff was not satisfactorily proved.
He had very little doubt in seying, that the witnesses he should
call would entitle him to a verdict, for he should prove from
the evidence of the bankrupt and his wife, that the money had
actually been lent by the defendant to him ten months before
its repayment, and, consequently, before a bankruptcy was in.
contemplation. He should be able to clear his client complete-
ly from the imputation of fraud and perjury, which had been
cast upon her.
The two first witnesses called for the defence proved that the
defendant's father had always expressed a very strong attach-
ment to his daughter, and had declared to them that he should
leave his property to her, as his wife's intellects were snweak,
he feared she would not be able to take proper care of it. Mr.
Gray was a man of considerable property.
George Hawley, the bankrupt, deposed, that in August,
1819, being rather embarrassed in his circumstances, his wife
had requested a loan of 4001. from the defendant, who said, she
would consider for a few days, and then return au answer ; at
the end of that time, the defendant came to his house, and de-
posited the money on his table, but took no security for it, nor
would she accept any interest ; witness took up the money and
put it into his cash box, and made a memorandum of the trans-
action
in a private book; this book had not been given up to the
assignee under his commission. The witness produced the book
and a receipte.which the defendant 6ve him in June, 18'20, on
the re-payment of the loan : both were handed to the Jury, who
examined them.
Mrs. Hawley corroborated the evidence of her husband in
every respect.
Mr. Sergeant PELL replied to the evidence adduced for the
defendant.
Lord Chief Justice DALLAS then charged the Jury. After
impartially observing on the testimony of the different witnesses,
he said, that the question for their consideration was, whether
the defendant had ever been possessed of this money, and had
lent it,to the bankrupt, or whether the loan was not a fictitious
transaction, invented to defraud the creditors of Hawley ? Ile
recommended the case to their most serious attention, as the
point involved was of the utmost importance to the character of
the parties.
The Jury retired for about 10 minutes, and then returned a
verdict for the defendant, by which the charge of fraud was
negatived.

SECONDARIES' COURT, COLEMAN-STREET, DEC. 19.
Before the SECONDARY and a Special Jury.
JOHNSON V. HOLAH AND ANOTHER.
This was an action for a breach of covenant. Mr. J. WIL-
LIAMS opened the case.
Mr. Sergeant IliAtocx stated it to the Jury. From this
statement it appeared, that 'Mr. Daniel Turton Johnson, the
plaintiff, had been in partnership with Mr. J. Johnson, his
brother, and the Messrs. llolah, the defendants, and carried on
business in the tea-trade for some time previously to the•year
1815. In that year some differences having arisen, the partner-
ship was dissolved as farAs the present plaintiff was concerned.
In May, 1015, a deed was drawn up, which was to have effect
as from the preceding December. By this deed the defendants
bound themselves to pay to the plaintiffs the sum of 6,0781.,
being his share of the partnership stock. (About this fact
there was no . question, the sum of 6,0781. having been paid.)
The -deed further set forth, that the plaintiff should lay down
the sum of 6001. towards intingins share of any debts then
due which might turn ,otit bad ; and the defendants bound
themselves to return that sum if it should not be required for
that purpose. They were further bound to allow the plaintiff',
at all convenient times, to have full and unrestricted access to
the books, and to examine, and (if necessary) make extracts
from all and every such parts of- them as referred to the former
partner Ship accounts. It was for breach of this part of the
.covenant that the present action was brought. The plaintiff,
it would appear, had by himself and his solicitor, made several
applications to be allowed to inspect the books pursuant to the
covenant, but he was as often refused. Ile tried every means
in his power to accomplish that object, before the present action ;
but having failed, he was obliged, however reluctantly, for his
object was not to injure the parties, to take the measure he was
now pursuing. lie would even, at the present moment, with,
draw a juror, and leave it to a reference, if the other party
would consent.

Mr. Hour, for the defendants, here observed, that he had
no objection on the part of his client that any one of the Jury
should name a merchant or accountant.in whose hands the books
might be placed, and there the plaintiff might have access to
such parts of them as might refer to the accounts between them :
but ;surely the plaintiff was not to have the books in his own
hands.
Mr. Sergeant HueLocx said the plaintiff did not want the
hooks in his own hands. He wanted only free access to the
former partnership accounts ; but that without any restrictions.
After a good deal of observation on both sides, the attempts
at having the case settled out of Court failed, and it went on.
Mr. Sergeant HuLLOCK, in continuation, said it-was not ne-
cessary for him to occupy the time of the jury further. They
had seen how hopeless it was to bring the defendants to fair
terms ; he would therefore leave it to them (the Jury), to settle
with them as they should think proper. He.should observe that
the damages on tne record were laid at 1,0001.
To prove this ease Mr. Chester, the plaintiff's solicitor, prov-
ed the execution of the deed, and also that he had, on more
than one occasion, called on the defendants to allow the plaintiff
to inspect the books, .which they refused. He first made the
demand in May last.
Mr. Ilomr addressed the Jury for the defendants. He
thought this was the first instance within the recollection of any
merchant present where such an action had been brought ; it
being the general practice, as was well known, to take such cast:s
into a court of equity. He begged to inform the Jury, that his
clients did not wish to prevent the plaintiff from seeing the
books ' • but. they did not wish that he should have an uncon-
trolled inspection of every part of them. The fact was, that
since the plaintiff had ceased to be partner in the firm, some
other gentleman had been taken into partnership, and the same
business was gone on with ; but instead of haying got a new
set of books, they continued' the hooks of the Rimier part-
nership. This he would admit to be wrong, and he knew
his clients must suffer in consequence ; but was it not natu-
ral
that they should wish to avoid exposing 'the whole of their
concerns in trade to the examination of another who was
now in the same trade ? As the breach of covenant had been
proved, lie knew that the jury must find a verdict for the plain-
tiff; but then he submitted:that the damage ought to be only
nominal, as no special injury by the breach had been alleged.
Mr. HoLT called no evidence.
The Si:eo N DAILY, in his observations to the:Jury, said, that
one simple answer to the assertion of the defendant's counsel,
that no damage was proved' by the breach was this—that the
plaintiff was precluded from proving any such (if it existed) by
the act of the defendants themselves, who withheld the books.
Looking at the case, he certainly was of opinion that. it was
one which called for more than nominal damages. The Jury, as
commercial men, would judge of the amount.
The Jury retired, but after a short time they returned to the
Court, and by their foreman asked these questions :
" Will the damages be considered as a penalty. for the. breach
of covenant, or will they be afterwards allowed in the account
between the parties ?"
The SECONDARY answered, that the damages must be con-
sidered as -a penalty. for -the. breach, and the plaintiff was not
bound to allow them in the account if he did not thinkproper.
The Jury, after retiring again for a few moments, returned,
bringing in a verdict for the plaintiff—Datil-ages 3001.