The Sun.
London, England, 1828-01-18 00:00:00

Mr. M'Cundie, and Mr. Butcher held a 100/. share
each, Mr. Baldy had a 50/. share, and his wife an-
other of the same value. A meeting was held at
the Kendall Tavern, Fleet-street, on the 21st of
May last, for the purpose of auditing accounts, at
yhich Mr. Baldy and Mr. Butcher were present, and
Mr. M'Callam was there for a short time. Mr.
MTundie was not there at all. Stamps and paper
had been supplied by the plaintiffs for the use of the
paper, but he could not say to what amount. The
goods were probably ordered by Mr. Henry Lowe,
who was the nominal proprietor.

.
Mr. Justice PARK—What is meant by the nomi-
nal proprietor ? Is not the affidavit filed at the
Stamp-office sworn to by the real proprietor ?
Mr. Northhouse explained that, when the paper
was first started, it was intended that the share-
holders should be persons in " high life;" but that
plan had been relinquished, and the distinguished
persons who, at first, held shares, had withdrawn
their names, and their shares had been purchased by
Mr. Lowe, who undertook the management of the
paper, and also to be responsible for its engage-
ments, and from that time it continued in his name,
as if he had been the sole proprietor. Colonel
Jones originally subscribed for two shares, but de-
clined taking them, fourteen days before the paper
was printed.

Cross-examined by Mr. Sergeant WILDE—He
had been a lodger in Mr. Baldy's house, and first
named the London Free Press to Mrs. Baldy. At
the time he spoke to Mr. Baidy on the subject, it
was understood that Colonel Jones had two shares.
Before Mr. Baldy entered into the concern, he was
told that Colonel Jones and the other gentlemen
had withdrawn► themselves as subscribers, but that
Colonel Jones would continue to support it by his
writings. Colonel Jones was introduced to him
(the witness) by Mr. Hume. Mr. Baldy was not
consulted as to the management of the paper, nor
had that gentleman written any leading articles in it.
—(A laugh.)
Cross-examined by Mr. Sergeant SI'ANKIE—In
December, 1826, he applied to Mr. M'Callam for
pecuniary assistance on his private account, and
it was then he spoke to him about the paper, repre-
senting it as likely to succeed. He did-not propose
that Mr. M'Callam should become a proprietor, as
it was the plan of those who had suggested the un-
dertaking that there should be no partnership be-
tween the parties. Mr. M'Callam advanced 1001.,
and received a written memorandum that he should
not be called on for more. When Mr. M'Cundie
and Mr. Butcher paid their money, they also re-
ceived a similar document.
Mr. Northhouse re-examined—He had been the
conductor of the Glasgow Free Press.
Mr. PARTING, the plaintiff's attorney, was de-
sired to apply to the defendants for payment in Oc-
tober last. Mr. M'Callam called on him the follow-
ing day, and said he did not consider himself a part-
ner. He said he thought he (Mr. M'Callam) was,
and advised him to consult his legal adviser; and,
the day after, Mr. M'Callam called again, with Mr.
Butcher and his attorney, when they admitted that
they were partners. At that meeting it was arranged
that all the defendants, with the exception of Baldy,
should pay their proportion of the demand, and
Baldy was to be applied to for the payment of his
share separately. They afterwards refused to keep
their engagements, and then this action was brought.
Mr. Sergeant WILDE, on the part of the defend-
ant, Mr. Baldy, said this was a case in which the
plaintiffs could not recover. It was one of those in-
stances where great names had been put forth to the
world for the purpose of deluding the unwary ; and
those persons, having obtained their object, they
crept out, and left all the burden on the shoulders of
a few humble tradesmen.

Mr. Justice PARK observed, that if Col. Jones's
acts were the acts of the plaintiffs, he thought a most
infamous fraud had been practised on the public.
Mr. Sergeant WILDE—Then, ray Lord, I do as-
sure you that my instructions are that the defendants
never knew that they were dealing with Col. Jones
till after October last, and, having made that disco-
very, they thought themselves justified in resisting
this demand.

Mr. Sergeant SPANKIE made the same defence
on the part of the other defendants.

MI. 011 DER, a tea-dealer, of Covent-garden, said
that Mr. Northhouse had suggested to him the ad-
vantage of becoming a shareholder in the London
Free Press, and, after the Paper had been publish-
ed, he (Mr. N.) told him that Colonel Jones was a
partner.

The Jury immediately found for the defendants.
Joseph Hume, Esq. M.P. was in Court during
the greater part of the trial, and at one time was in
close conversation with Col. Jones.