The Sun.
London, England, 1828-01-17 00:00:00

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The Case— for the defence having closed, Mr.
CAMPBELL replied.
Lord TENTERDEN then summed up. and the Jury
returned a verdict for the plaintiff—Damages 25/.

ture had so decreased in India, that in 11;21 witness
took a voyage there to prevent the forgeries which
Were committing, by passing guns as his father's
Make which were manufactured by other persons.
Cross-examined—The plaintiff was a bankrupt in
1826, and now resides in Marylebone Park. The
brother,Mr.JOhn Manton, lives in Dover-
street:

A clerk from the East India House produced a
petition for the exportation of fire-arms, from Mills,
the defendant.

Wm. Billing, an officer in the Custom-house, pro-
duced a warrant for the shipment of the articles.
The defendant was the shipper.
Wm. Rye, one of the searchers of the Custom-
house, informed Mr. Manton that the fire-arms in
question were about to be exported, and that he did
not think they could be his manufacture they were
valued at so low a rate.
Mr. Thomas Mortimer, a gun-maker, examined
the 30 pair of pistols and 70 fowling pieces shipped
on board the Pyramus. Mr. Mills and a Mr. Sum-
ner were present. The fowling-pieces and pistols
Were marked " Joseph Manton, London," and
some were also marked on the barrels "Joseph
Manton, Hanover-square." Mills acknowledged
that there were twenty-six pair of pistols marked
with Manton's name,which were not his manufacture,
the inspection then concluded. On some of the
locks of the fowling-pieces was Joseph Manton, and
en others " Jos. Manton'' improved elevated ribs."
Both guns and pistols were much inferior to those
Manufactured by plaintiff. Two or three of the guns
had witness's name on them, but were much inferior
le his manufacture. Some of the fowling-pieces
"ad Mills's name on them; they were of a superior
quality; Mills's best quality.
Cross-examined.—Witness did not learn that the
guns and pistols he observed on board the Pyramus
Were shipped by a Mr. Sumner.
The ATTORNEY-GENERAL, for the defendant, ad-
rnitted that if the case stated by the Counsel for the
plaintiff had been made out, and that the defendant
ad shipped the fire-arms for the purpose of in-
juring Mr. Manton's reputation in India, or traffick-
ing on his celebrity, it would be as gross a fraud as
one tradesman could practise en another, and de-
serving of serious damages. The fact, however,
Was, that the defendant was only the agent of a per-
son named Sumner, and had nothing to do with the
manufacture of the articles shipped on board the Py-
rk.anzus, for which he had only provided the cases.—
Dir- Mills was a tradesman of that character that
he did not require to borrow Manton's celebrity, and
-it Was important for the Jury to recollect that Mr.
Manton, John
- Dover-street, enjoyed quite as much
rtiePutation as Mr. Joseph Manton. It happened
let. young heirs frequently purchased fowling
Pieces from Mr. Manton for 70 or 80 guineas, and
ghortly after sold them for half-price. The defendant
was told by Sumner that he had purchased a number
of second-hand Manton' which he was about to
export to the East Indies, and asked Mr. Mills to
furnish, him with cases, with which Mr. Mills com-
P"ed, and, in his character of agent, he petitioned
the East India Company, but he had no interest in
the
speculation, and none of the articles with Man-
tee's name were manufactured by him.
Mr. W. Spinks, a shipping agent, proved that he
Ives employed to ship 30 pair of pistols and 70 guns,
en board the Pyramus, for Mr. Sumner. He knew
no
other person but Mr. Sumner in the transaction,
and all the shipping dues were paid by him.
Another witness proved that he saw the guns and
Pistols at Sumner's house, before they were shipped
Oe hoard the Pyramus. Sumner is now in India.
Mr. Mills, jun., was present when Sumner gave
the order for shipping the articles and providing
cases for them. The expenses of packing, and of
the cases were charged to Mr. Sumner. None of
the articles marked Manton, were manufactured by
the defendant.
[The defendant's books were here produced, and
Confirmed the testimony of the witness.]
Cross-examined.—Witness and the defendant saw
the pistols and fowling-pieces before they were shipped. '
They were cleaned at defendant's shop. The name
" Manton," was on some of the fowling-pieces which .
were of an inferior make. Three fowling-pieces
were manufactured by the defendant. They were
of a superior quality, and bore his own name. Wit-
mess knew that the fowling-pieces and pistols shipped
on board the Pyramus, and marked " Manton,"
were not Joseph Manton's manufacture. Many of
them were second hand.
James Bergin stated, that he sold the guns and
pistols shipped on board the Pyramus, to Mr. Sum- •
Ile% 'They were principalfy purchased at Birming-
°an; and some in town. None were purchased from •
the defendant.