The Sun.
London, England, 1828-03-06 00:00:00

THE FUNDS----(THIS -DAY).

CITY, Twzarß o'Ciocr.
We are still without any communication from France,
or any part of the Continent, in consequence of which the
English Funds wear a firm and improving appearance ;
Consols opened at 83i and have gradually advanced to
844 i; this rise may be accounted for by the circumstances
of the abundance of money, a scarcity of stock, and the
operations of the Hebrew party, who appear to be going
decidedly for a rise, and have frightened the Bears by bid-
ding for parcels of stock the moment they come into the
market. Exchequer Bills and India Bonds continue at
yesterday's rate, the former being 58 9, the latter 87 9 pm.
In the Foreign Funds nothing doing, except in Mexi-
can Bonds, in consequence of some large sales the price of
the 6 per Cent. has dropped from 35 to 344.
Shares have not the least alteration to-day in prices or
business. In the City the only report in circulation has
been the renewal of negociations at Corfu, at which the re-
presentatives of Austria and Prussia are to be invited to
attend, and for which purpose it is said Mr. S. Canning
will return as the representative of England.
Three per Cont. Consols, 84i ; Ditto, 'fur the
Account, 84k 4 ; Three per Cent. Reduced, shut; Three
and a half per Cent. Reduced, shut; Four per Cent.,
100 f ; Four per Cent, 1826, shut ; India Bonds, 87 9 ;
Exchequer Bills, 58 9 pm.
FOREIGN.-Brazilian, 62} 3; Buenos Apes, 35 7;
Chilian, 25 7 ; Colombian, 251 6 ; Danish, 614 4 ;
Greek, 16 17 ; Mexican, 6 per Cent. 35 4 ; Peruvian,
24 5 ; Portuguese, 74 5 ; Russian, 90 ; Spanish, 10
Mixes.—Anglo Mexican, 62k 60 dis. ; Brazilian, 42
44 pm ; Colombian, 17i 18i per share; Real del Monte,
50 30 dis. ; Tlalpuxahua, 150 130 dis. ; United Mexican,
21i 20k dig. ; General Mining Association, 101 11 pm.
per share.
TWO O'CLOCK.

Consols have been buyers at 83k, but are since £33i
with little doing. Brazilian Bonds are 63k, being nearly
an advance of one-half per Cent. Mexican have recovered
to 35 again.

THREE 0' CL CK.
Consols 841 No French Mail, or any intelligence
from the Continent, has arrived up to the above hour.

LENT ASSIZES.

WESTERN CIRCUIT.-WINCHESTER, MARCEL 5.
DOE ON THE DEMISE OF CALVERLY V. ALEXANDER AND

OTHERS.

Mr. C. F. WILLIAMS stated it was an action of eject-
ment brought by the heir-at-law of a person of the same
name, to recover possession of premises at Hurstbourne
Tarrant, in this county. After the Learned Counsel had
thus far proceeded,
Mr. Sergeant E. LAwF.s admitted that the present
plaintiff was the heir-at-law, and that he therefore was en-
titled to address the Jury, and go into his case, on the be-
half of the defendants, when, after a desultory conversa•
tion between the Learned Counsel on courtesy, the Learned
Sergeant stated that the only question in the case was, not
who was the heir-at-law, but who was entitled to the
premises in question ; the defendants claimed under a
will made by the former owner of the estate, on the 17th
August, 1819, wherein be gave 4001. to his family, and
tile property in question to the present defendant, which
will, it was contended, was executed by the testator at a
time when be was of unsound mind, and incapable of
transacting his affairs ; one thing was quite certain, that
the testator during his life was addicted to drinking, but
so soon as the effects produced by the liquor had gone off,
he was as sane as any other man ; drinking brought on a
fit of apoplexy, which distorted hie features and affected
his speech and sight, but no other consequences were pro-
duced further. The Learned Sergeant then gave an out-
' line of his case, as given in detail by the witnesses.
The will having been produced and read, Mr. George
Carter, one of the attesting witnesses, proved that
he took the instructions for making the will on the day
before the execution ; there had been another will, which
he bad made. The reason the new will was made was,
because one of the legatees were changed. He (witness)
never took instructions from a man who gave them clearer.
He (the testator) was called Win. Calverley. The second
will was destroyed ; it was burned in the presence of wit-
ness, before the fresh will was executed. It was read to

the testator ; he (the testator) took it in his hand and
perused it for some time, then sent fur the witnesses himself;
and at the time of the execution appeared to be in his perfect
senses; he said it was quite satisfactory, and repeated the
usual words on signing ; he (witness) never heard there
was anything the matter with his mind except when he
drank ; at the time of the execution he had had no drink,
and was perfectly sensible and sober ; very seldom a day
passed after the execution but that witness saw him ; he
resolved questions in a Very proper manner ; witness did
business for him in many other ways, wrote his bills and
accounts; the testator was but a very plain accountant, he
used a ready reckoner to make out the sums—he was ge-
nerally right in his calculation ; witness had several of
these calculations, after the making of the will is well as
before ; remembers his having an apopletic tit on the
morning of the 26th May, before the execution of the
will in the same year ; be was ill no great time, he got up
again in u few days; a Mr. Medhuret attended him as his
doctor.

Cross-examined by Mr. C. F. WILLIAMS.-Hie
general business was a shoe-maker, land surveyor, and will
maker.—(Laughter.)—Has heard it said that a shoemaker
was a wise man when he never went beyond his last.—
(Laughter.)—The testator was the last man in the parish
who he (witness) should call as unsound, except when he
drank. He (the testator) read the will slow and accurati...
He took the will in his hand and went over it, but not
audibly. Except when he was drunk, he was as other
people.—(Laughter.)—After the fit he gave up the busi-
ness to another person. At the time of the fit he was up-
wards of 50 years of age. Before that illness he was a
strong active man. Witness saw the testator a few
weeks before his death ; his senses were as perfect then as
at any time, but he was weaker in body, and his faculties
somewhat weaker.

Several other witnesses proved, that his intellects were
just rs good after the fit, and •t the time of executing the
will, as they were before.
Mr. C. k. WILLIams then addressed the Juryat consider-
able length, and contended, that he should be able to prove,
by indisputable testimony, that the testator's reason was at
the time of the execution of the will, so impaired by the fit,
that he was not competent to execute it.—After the
Learned Counsel had examined some of his witnesses (one of
whom was the publican where the testator used, who said
that he (the testator) on more occasions than one would
put down money to pay for his liquor, two or three times
over, admitted that he always found him capable of drink-
ing gin and paying for it); finding that he could not make
out his case he gave up, and the Jury gave a verdict for
the defendant, thereby confirming the will.

NORTHERN CIRCUIT.-NEWCASTLE-UPON-

T Y NE. -MA RCH 4.

Mr. Justice BATLEY was detained in an action of tres-
pass at Durham, of no public interest, till a late hour yes-
terday afternoon, and his arrival here was in consequence
delayed till near eight o'clock. He then proceeded to the
Town-Hall, where the commission of assize for the town
and county was opened in the usual form, after which the
Court was adjourned till nine o'clock this morning, when
the proclamation against vice and immorality was read.—
The Grand Jury was sworn, and briefly addressed by his
Lordship, in the course of which be congratulated them
upon the very light state of the calendar, to what it had
hitherto presented, and passed a well merited encomium
the police of the town. There are only six priso-
ners for trial (two of which stood over from the previous
assizes), and the crimes of which they stand charged, are
not of an aggravated description, except a charge against
a butcher named Miles Railion, for killing and slaying
John Entwistle in a fight, and for which the Grand Jury
have found a true bill for murder. There are seven causes
entered for trial, which is rather an unusual number.
This forenoon his Lordship proceeded to the Court
House in the Castle-yard, and opened the commission for
the Northumberland Assizes. There are fifteen prisoners
in the calendar, all for minor offences. The Court ad
journed till nine o'clock to-morrow morning.

LAW INTELLMENCE.-(THIS DAY.)

COURT OF KING'S BENCH.

SALE OF PLACES IN THE EAST INDIA COM'
PANY'S SERVICE.
REX V. suTTow.
The above important case having been peremptorili
fixed for this morning, the Court was crowded at a veil
early hour, chiefly with gentlemen connected with the DO
India Company.

The Right Hon. C. C. C. Wynn (the late President of
the Board of Control) occupied a seat'on the bench appro.'
priated to the King's Counsel, next to Mr. Brougham.
Lord TENTERDEN took his seat before 10 o'clock..
Six Special Jurymen only having answered to their
names, the
SOLIC ITOR-GENERAI., for the prosecution, prayed I
tales, and six Jurymen from the Common Jury Panel were
sworn.
--
The Solicitor-General, with Mr. Sergeant Bosanquett
and Messrs. Gurney and Carter, conducted the prosecu-
tion ; and Mr. Brougham, Mr. F. Pollock, Mr. Campbells
Mr. Platt, and Mr. Andrews appeared on behalf of the
defendants.
Mr. CARTER opened the pleadings and stated, that this
was an indictment against Samuel Sutton, W. -Andrew's
George E. Despard, James P. Anstes, C. Gibbons,
Wright, Joseph Tindall, and Charles Prescott. The first
seven of those defendants were charged with unlawfully
and corruptly negotiating for a certain appointment under
the East India Company, for a person named P. Back ;
and the last defendant, Prescott, who is an East India Di-
rector, was charged with aiding and abetting the other de-
fendants; in the said negotiation. Six of the defendants
pleaded " Guilty," to the indictment.
Mr. Qune, as the Solicitor-General rose, said he was
instructed on the part of the defendant Mr. Anstes, to
withdraw his plea of " Not Guilty," and to substitute
" Guilty."
Lord TENTERDEN said it was impossible for him to
permit that to be done now; an application to that effect
should have been made earlier. But if that defendant
chose he might have a verdict of guilty recorded against
him before the cause proceeded.
Mr. Qum, in answer to his Lordship, said that
he had that moment received his instructions to make the
application he had done; and as it could not succeed, ht
would avail himself of the Learned Judge's suggestion.
A verdict of " Guilty" was then recorded against James
Paton Anstes.
The SOLICITOR-GENERAL then addressed the Jury as
follows :—May it please your Lordship, Gentlemen of the
Jury, I appear on this occasion on the part of the prose-
cutors against the defendants, who have been named to you
by the Learned Counsel. It is a prosecution at the suit.
of the East India Company, instituted for the purpose of de-
tecting and bringing to punishment persons who have been
guilty of a very gross act, that of selling the patronage o
the East India Company. I should here state to youf
that the parties stand in very different relations--the first
seven being those charged with the actual guilt itself—Mr.
Prescott being charged only as aiding and abetting, hut
not himself being a personal participator in the criminal
act itself. It appears by the statement of my Learned
Friend that several of the defendants have thought proper
to withdraw their plea of Not Guilty, and to submit to a
judgment against them ; and that one of them, even siace
you have been sworn, Gentlemen, has allowed a verdict to
be taken against him. I have only this observation to make
upon that, that the prosecutors are no parties to any agree-
ment or understanding, or hold out any hope to any one,
of using means to intercept the punishment due to the
guilty. It is a matter purely for their own consideration,
and they have, I suppose, thought that the evidence we
have to lay before you is so strong and unanswerable, that
rather than give the trouble an investigation would occa-
sion, and perhaps a more minute disclosure, they have
withdrawn their plea of not guilty, and substituted the
reverse. Then the only persons with whom you will have
any thing to do in the way of investigating their case, will
be Mr. Despard, who has pleaded not guilty, and Mr. Pres-
cott, who, as I hare stated, stands charged with the inferior
degree of guilt, of not being an actual personal participator
in the original crime, but as having either aided or assisted
or connived at this act, which was performed by a person
named Sutton, the principal agent. It will be my duty,
Gentlemen, to lay before you, es shortly as I can, the evi-
dence which will be brought to your attention, and I think
after you have had a view of that evidence, you will be
able to say, a case has been made out quite irresistible
against the first seven defendants. But that, at all
events, upon the observations I shall make to you,
if those observations shall he justified by the evidence,
you will not be able to entertain a doubt that the Director*
of the East India Company would have deserted the duty
reposed in them, and betrayed the trust they held of the
property and conduct of this large concern entrusted to

lieir care, if they had not investigated this question to the
very bottom, and brought it before a Jury to be decided on.
Gentlemen, this observation is the more necessary, because
one of these defendants, Mr. Prescott, stands in the situation
of a brother Director, with those who have instituted the
prosecution. It became, therefore, doubly their duty—an
imperious duty—from which it was impossible they could
withdraw themselves, that they should bring his case in
common with the rest before the Judge, as it would
otherwise have been said, and I know not what answer
could have been made to it, that though they were willing
to prosecute those immediately guilty, yet with the
case before them, with their suspicions justly excited,
they were desirour of throwing a shield over those
who were their brothers in the Directorship, and
equally guilty. It has, therefore, been determined,
and you will on the evidence to be brought before
you, say whether properly or not, that this prosecution
should proceed, and that Mr. Prescott, charged as he is
with a knowledge of the guilt, should receive at yoar
hands—as the evidence shall warrant, a verdict either of
guilty or not gnilty. Gentlemen, it will appear to you in
evidence, that the first intimation given to the gut Indio
Company of any transaction, which at all affested the sale of
the patronage in question, was as early as February, 1827.
But before I come to that I shall beg leave to mention a few
transactions which, though they have no immediate refer-
ence to the parties on record, will clear the way to the
mere full understanding of, and accurate decision upon,
the question, and introduce to your notice one of the par-
ties that will appear before you, a prominent actor in the
transaction throughout. It will appear that a clergy-
man—the Rev. Mr. Back—residing at Littite iflsmi#79o,
having read in the Morning Herald, in August, 1820,
an advertisement, such as you will observe frequently
to be inserted in the papers, signed by some ficti-
tious name, or as this was, by N.N, denoting, that
if inquiry were made at a particular place, an op-
portunity offered for parent's of a respectable youth, on.
der the age of 20, of a situation of the highest respectabi-
lity to go abroad, and that his outfit would require means
without which no application need be made; and the Rey.
Mr. Back having a son desirous of rugh n situation?
he wrote a letter to the fictitious address of N..
to which he received an answer. I shall not trouble
you with the correspondence on that occasion, further than
that it introduces to your acquaintance the name of Mr.
Wright, one of the parties to this record. It seems, Low.
ever, that Mr. Back. being dissatisfied with the negocia-
tion, which went on to a certain extent on that occasion
by a friend, whom he employed in town for the ptirporie,
having called on the parties to whom it referred, eintire4,
abandoned it. Afterward, in the month of October,
in the year 1826, he has a letter addressed to him at
Little Hampt on, requesting him to call on Mr. Wright
where he resided, at Alsop's-buildings, near the Regent's
Park. Mr. Rack accordingly came to town, called at
the place to which he bad been referred, and applied
not under the name of the Rev, sir. Pack, Or on these
occasions there is a delicacy resorted to, and he havini; wtijten
a letter under the name of Edwards, called under that name.
He had a conversation with Mr. Wright,whick turned entirely
on the eature of the employment which Mr. Wright could
furnish, and the price that would be required. Mr. Wright
stated the nature of it was that of a cadetship tp Inda4
that if it was a Cavalry Cadetship, the price would be '
i‘9loro. gira and
however,
ck, ;
Infantryhaving one froth b
een informed,
six
ormed,toi7notohegucionuearsue
of the former negotiation, that noprieewould be required,
felt
again extremelyabandoned
outfit
negotiation, and went back to
d hearing
consequently
that so
large
at h
at sautn
m tiner
time
woul
urequisite,faunrttonrat
the country. He remained there till the latter end of
Jan., 1827, and then, from some new circumstance in hit
own family arising ; and still being desirous that hie eorf
should obtain such a situation, considered that be would
recommence the negotiation, but a thought coming across
him that there was something irregular and mysterious ill
this mode of proceeding, he thought it right at once to direct '
a letter to the Chairman of the East India Company, telling
him all that had taken place, and asking him distinctly sod
openly whether this was a proper mode by which the patron-
age of the East India Company could be obtained. The
natural consequence of such a letter was that an officer of

the Company was sent down to Mr. Back ; the Chairman,
and the Deputy Chairman, they being the persons to whom
this letter had been communicated, thinking it right that
the strictest scrutiny should be instituted, tent this
Officer down to the Rev. Gentleman. Without troubling
you with all that took place, it appeared that for the pur-
pose of detecting what the Company were afraid was too
common, fraud in the traffic of their patronage, and than

this taste
mended
spectabl(
they mi

those wh
they rhos
the Cot
Now, a
and Dep
suceeedii
. to the C
further v
=et limn
employe(
from thi:
diosure t
n the tr.
this ;trail
'have air
price of
sirous of
ewer a I
that MI
wards (t
Arced hi

isportuz
his no
au the I

day% he

any cow
being co
that as 1
E. to ad
GS, Upp
identify
Upper 1S
came to

a note tc
where

pr a p
lectUred

a the di
would
No. 52,
poi
el
p~ti
ei
Souk
enwhontrwhattti"seinplateovn are
person
a
ger. T 1
snore die
necessity
He again
ships; a
;managed
ing the
53ank,
other hal
M

wiaich h

nubseque
.note of ,5
in the re
produces
form, rvl
ties and
up. I
this pap(
sent toe
this fon
,Gibbons..
vooney
put i2fc
to be
the can(
etp 8001
40n,

9 a 3 Ye ea
of Mull
place.

PrGeuria
A was of

tndbyb
This air
you frog,
sibout tb

C4L FA

Wrote !Go
aoAr to
5~2, wall
parcti to
was 4,f

Us cam

tained al
that Con
oblivered
g* be pai
tular
.in which
note, wh
Sul

iiion a lag

atother
to the %

Already,
Ligo the
•aligavi'M
trp the
ttcoPlatei
(it yoTt 0
Or part.
Gibbon,

Gem prom
ie purpose
le calls kw
Ippetia to
ill appeari
tdactor

~~~~

~c

DAY.)

DIA COM'

pereraptoril9
d at a ♦erg
vith the Eat

President of
much appro..
•ougham.
'clock..
red to their

u. prayed 1
r Panel were

t 13osanquet,
the prosece-
r. Campbell►
►ehalf of the

ed, that this
V. Andrews,
Gibbons,
The first
L unlawfully
tment under
11 P. Back ;
ist India Di-
he other &-
Le defendants

said be was
•• Austes, to
o substitute

e for him to
:o that effect
at defendant
rded against

, said that
o make the

;succeed, he
iggestion.
;ainst James

the Jury as
'omen of the
f the prose-
mud to you
at the suit.
Irpose of de-
o have been
atronage 0
ate to rout
Ls—the first
itself—Mr.
aetting, hut
the criminal
ny Learned
aght proper
submit to a
even siace
a verdict to
ion to make
D any agree-
to any one,
due to the
nsiderstion,
evidence we
erable, that
would occa-

iate refer-
ray to the
on upon,
f the par-
tor in the
a clergy-
cimPAqtY,
t, I'B2o,
ieyeently
ne ficti-
ing, that

an Op•
wth,
spectabi-
re means
the Rev.
sitteation,
IY,.
t trouble
ther than
ie of Mr.
ne, stow.
negocia.
°centime
PPrPosct
eptireSy
October,

him at
. Wright
Regent's
called at

applied
on them,
;wriosa
at name.

I entirely

bt could
Wrivht
Oa
vim be '
guineas.
e course
equired,
sum for
nit time
back to
• end of

in his
hiq #pßi
e would

acTos

rioto
:o Oirect •
, telling
:tly and

patron..

: The
fficer of
airman,
whom
;ht that

st this

Dubling
be pur-

vas too

id silo

1

I

l

this instasce edit should be sifted to the bottom, they recom-
mended that Mr. Back should—himself an extremely re-
spectable man-L.continue the negotiation, in order that
they might trace the different steps of it, from
those who were most distantly connected with it--that
they should trace it step by step, and sec whether any of
the Company themselves were actors in time guilt.
Now, after this on the part of the Chairman,
and Deputy Chairman, you must bear in mind that every '
succeeding step I have to relate to you was entirely known
to the Chairman and Deputy Chairman, and that nothing
further was done in the course of the transaction which was
not immediately communicated to the confidential advisers
employed by them. I shall now state to you what took place
from this time down to the time at which the whole dims-
amlosure took place, and show what share each party had
'in the transaction. The Rev. Mr. Back, who had received
this intimation wrote a letter to Mr. Wright, whom I
knave already named to you, as the person who stated the
price of this cadetship. The letter stated that he was de-
sirous of renewing the negotiation, and he received in an-
swer a letter dated Feb. 27, 1827. That answer stated,
that Mr. Wright presented his compliments to Col. Ed-
wards (that being the name under which Mr. B. had intro-
duced himself to Mr. Wright) and that he begged to say the
.opportunity now existed of opening the treaty alluded to
in his note, but that as he (Mr. W.) was going out of town
co the following day for a week, and would be absent ten
days, he would commission a friend of his to attend to
any communication Col. Edwards might make, that friend
being convereant with the nature of such a transaction, and
that as he Mr. W. was about to remove, he begged Col.
E. to addree any future communications to him, at No.
113, Upper Nortnn-street. Tb.e effect of this letter was to
identify himself with the person afterwards found at 63,
Upper Norton-street. Nr. Back a abort time afterwards
came to town, I think on March 5, and after addressing
a note to Mr. Wright, at N'o. 63, Upper Norton-street,
where he supposed Mr. Wright would either be,
or a person would would forward it to him, he
teceitred in answer a letter from Mr. Gibbons, another
of the defendants. That letter stated that Mr. Gibbons
would meet Mr. Wright on the following day, at
:No. 32, Walbrook, at two o'clock, Mr. G. having an ap-
pointment there at that hour; so that here is a direct ap.
pointment formed between Mr. Gibbons and Mr. Back,
who came up to town on March 5. Next day the meeting.
took place, Mr. B. goes ton Walbrook, in the city, where
are the chambers of a respectable attorney, who has nothing
whatever to do with this transaction, He meets Mr. Gibbone,
a person to whom till that moment lie was an entire strati-
ger. The conversation immediately am:meanies the form of a
more distinct treaty, because Mr. Gibbons points out the
necessity of having the money brought forward 21;:ectly.
He again states the price of the cavalry and infantry cedes:-
- ships; and he states the mode ia which those matters were
managed is, by dividing a Bank-note into two, and deposit-
ing the one half in the hands of a rtspectabie person or in
53ank, the party giving that half being to produce the
other half when the arrangement is completed. Accord-
ingly, Mr. Back, for the purpose of following up the line
which had so Wen pointed out by Mr. Gibbons, does at a
subsequent day, procure from the East India Company a
xiote of ,500/., for the purpose of half of it being deposited
in the made I have stated. On March 6, Mr. Gibbon
produces to Mr. Back, sod puts lot° his hand a printed
form, which I believe, is called the cotl,at's form of quali-
ties and interrogatories, that it might be properly filled
up. I shall have occasi.oo to make several corerese,ota on
this paper hereafter, therefoee I merely mention it at pze.-
sent to show that at the time preet of the money was paid,
this form was put ;into the hands of Mr. Back, by Mr.
Gibbons. I think it was on the 13th of Ghat month, time
000ney was actually advanced. In the printed paper, so
Irut 7 2to the hands of Mr. Back, one part requires
to be ailed up by a certificate of the baptism of
the candidate, and which, in doing, necessarily takes
sip some time, ;1 he resides at a distance from Lon-
4on. Mr. Back aga.a Went into thecountry, and there
was accordingly a consideeeMe interval between this 13th
of Mardi and the day on which. any thing further takes
place, The peeper was sent to Esau; for the purpose of
procuring the proper baptismal entry of the candidate.
ft was afterwards returned to Mr. Back, at Little ilampton,
and by him sent to Mr. G. covered by a letter from Mr.
This was aeknowleelged by a letter which shall be read to
you from Mr. G., and nothing further takes place till
about the lucid of April; Mr. G. then weites a note to
CaL gdarards, that is to Mr. 8., in which he 5ay5....."
wrote to you yesterday, eams which I beg to refer, and I base
• Jaoat to /quest you, or the yaaeog gentleman, to meet nut at
22, Walbrook, at half-past elevel,4, ,g.,n the 12th, and be pre-
pared to carry the cavalry appointment *raatso effect ;" which
was of course to produce the remainder a the 500/.
came to the place appointed, and Mr. Back having ob-
tained a bank note of that value, from one of the officers i4E

- .
that Company, it was cut into halves; the one half was
delivered to Mr. G. to be kept by him, kued the other was
go be paid when the appointment was completed. A re-
talar raceipt was given by Mr. Gibbons to Col. Edwards,
in which he says "I have received the ball of the 5001.
note, which .i.'. engage to return in case the appointment
40aed upon does ;aot take place." Now, upon ti,at noel,
elom a trees person was btroduced, named Joseph Tindei,
another of the defendants, i.e.' Mr. G. to Mr. Back, and
to the very greet surprise of gre Back, he found that
already, in two days, ,the half of the 5,0y1. note had shifted
late the hands of Mr. Tindal, or at least he produced an
-engagement that he was to retain in his hands the 6.00/.
tit the ee.gagement between Mr. Tindal and Mr. G. wee
etraPlated; thee is, Mr. Tindal was to receive the money,
4 pact of it, if he get the situation : the very agreement,
Sr part a it, which wes entered into between Mr.
Gibbons and Mr. Back, was transferred to Mr. Tindal.
This gentleman, too, seemed to ,expesee some surprise,
*ee; the whole bad not been caocluded, 9,0 eesured Mr.
Bea ;thee very little delay would take place; ge the same
time e.ncleeemertng to make an excuse for the delay thethe4
,purred in con lace of the then state of the Min:stry
--that, from its inembilitv, it was difficult to get this ar-
rangement comileted. What prticaler part of the Minis-
try he alluded to I do not know ; Lett I believe this part of
the statement to be as true as something else that had been
eas.4 by him. This was, however, tire time at
evhieie Acre was a change in the Administration,
of this country. Mr. Back was then delayed till the
25th, and then it was stated to him that matters would
*ion be brought to 0 :dose. Another person, Mr. Des-
part!, was then introduced, and he expressed great surprise
that such a matter as this should baVe been allowed to be
under the care of Mr. Gibbon Led Mr. Tindal. I will, said
be, put you into a way by which you will get iteettled soon,
e7e.er I shall introduce you to a highly respectable least
India House, of which Mr. Anstes is the bead-
partnere beg before Mr. Despard makes his appear-
anee, it is ix, the afternoon of the day, there has
b esti au application made to Mr. Back to furnish the re-
:minder of the money, which was tq be the payment. You
will recollect that only 3001. have been aci.variesd, and it
was then stated that before another step could ba taker,
there might be another note of SOO/. got and treated
exactly in the some way in which the 5001. had been
!twitted, being cut into two, and a half deposited with each
ieerty, This was done on the 23th April. Thus you see
that till the money that was to be forthcoming was passed
Lute the hands of Mr. Gibbone, I was stating to you that
Mr. Despard spoke in rather e high Wee, and promised
great things ; in fact the money having been now adeepeed,
there could not be any fair or good excuse' for not putting
the arrangement into effect. He said, " I will take yoti to
:e person who will manage the business for you imtnetli-
%-th." Azeerdingly Mr. Back was taken to Great St.
*Wens, where Mr. Anstes has a counting-house. He
1"411114 Mr. .4;2step had bed for some time the half of
1 the 5001. note. ✓1,1,1. r. A..etated tine 1;alf pf the 300/. also
being paid the arrangement eltould be cc?ire q roete4' So
that this forms the connecting linka between th tole
parties, Gibbons, Tindal and Anstes, and chows
Aileap Jr. Despard is the person who cements the
11444=. .?•iceitief the mode of introduction from one
to the other. liring this time, Mr. Despard
is a.s sangaing, that but a ahcee lime longer will take place
,-, any of the others. He stated, that a liteee difficulty had
eiie,:Nee, on account of a Director not being in'towa, end
that geAcn.l.l-7e10,. Pe, er some other of the Directors, should
return,
the appetemie—e,
should be got. Ido not mention
the names of the Directors; if in the course of the pro-
seeedeuge their names shall be mentiotieti, -a
ire':: only to say
they are .1.1 pAprt, and ready its deny- that they had any
knowledge of the 4rensection Whatever In. fact, this is
riv
Only the mode e, . . .
.-
ass Nee.: mterier persons resort
the to, for purpose of
gulling ihe p4U,-, and car-
eying their base ends into execution: 'We have
iii,..ti. come down to the 25th April, and which is
a most ,ki...;:ivrtan,t period, because on the following day, for
the first time, eefee Prescott will he brought forward to
Your noticu• I shall for the purpose of making the state-
, rooent pore clear go on to
state the 4i4rernt persons that
;sure introduced into the affair, and will eonie back to show
sow far Pk, PresrPtt is involved in a guilty knowledge of
the transaction. On the 27th Mr. Back again attends ac-
ending to appointment, at Mr. ,01.ristes's counting-house,
vhere be is informed that nothing hue yet been corn-
letee.
_Yr. Back it extremely anxious, which makes
Item promise to do every thing in their power for
le purpose of making them complete their contract.
Ile calls two or three times in the course of the day, which
tppene to he a Friday. At last Mr. Despard, who is
ill appearing on the stage, and who is in a manner the
eductor of Mr. Back, states that be had "eat to Begent-

street to, have an interview with some person who was to
get the appointment. Mr. Back expressed great astonish-
ment at this, and inquired why a new person at this
stage of the butieess should be introduced, but to which
be could get no satisfactory answer. On the following Jay
Mr. Back called again, and was informed by Mr. Despard
that the whole should be immediately finished, but still no-
thing decisive was some to ; the morning of Saturday was
wasting away—Mr. Back called again from time to time,
and at last Mrs. Anstes said, " We will go together to a
gentleman's office, named Andrews, in Regent-street,"
who is anothar of the defendants on the record. When
they got there, Mr. Andrews was not at home, and it was
arranged that Mr. Back and Mr. Andrews should
call at his private house the following day, which was
Sunday; they did so, and saw Andrews: the conversation
that took place will be explained by the parties. The
effect however was, that every thing would he completed
ion the following day, at the same time great caution was
given that strict secrecy should he observed. Monday,
April 30th, .came, hat no appointment; but on that day
Mr. Gibbons sent a note to Mr. Back, in which lie
stated that he was desirous of knowing what was
to he done, as he was at present keeping as infantry
vacancy open ; and desired to see him the following play
at eleven o'clock. The Learned Gentleman proceeded to
state, that he introduced this kites for elee purpose of show-
ing that Mr. G. began to think he won:ei not get the money,
and foe the purpose of interposing difficulty in the way of
tracing the parties. The following morning, Taesnaq,
May lot, arrived, when a letter was received from
Mr. • Anstes by Mr. Back, requesting that lie, or that
his son alone, should attenei at Mr. Andrews' office,
for the following morning ; and on the fallewing day, Wed-
nesday, the whole discovery of the facts eooic piece. On
Wednesday Mr. B.'s sari attended, and saw the defendant,
Mr. Sutton, for the first time, The printed form was
then put into the hands of the young man by Mr. Sutton,
with a pencil mark denoting the way in whiedi it should
he filled up, and which wale to aontaio she name of
the Director who had recommended him. As some as
that evaa done, he was told to repair to the East India
House, where be would he sect by Mr. Sutton and Ur,
Andrews. They peat first in the Monument Coffee-
house, where the Rev. 40. Lack also was present. A
discnssimi arose about the other hahTs of the notes,
the defendants wishing them to he delivered to them,
but which was refuaad to be complied with by Mr. Bath
until the young man Inal nosed. This was agreed to,
and Cie papers having been filfeal PP; wets put i4to the
hands of the Clerks of the Cadet Office, With a requeas
that they should immediately be sent into the Committee
of Directors, before whom the young man was to appear.
Of course, in the result, the young man was eazbled to
pass, and the whole affair was blown up.. Mr.
.Seettap
wee afterwards found at the Ship public-house opposite
in an extremely agitated state, exclaiming, that would
be ruined, if the affair were known. On this ineeetirgg
also Mr. G. informed Mr. Back that there were 145/. be-
yond the amount of the two notes, that were to have been
paid for the appointment, which he eliould demand ; 1001.
of which he should keep to himself, and the ittet. he want
to give to Wright. This was the outline of the ease age.i.oat
• the first seven defendants. He should now state the case
as it related to Mr. Prescott, against whom the charge was
made. Ile was .charged with having abused the situation
he held, by hawing had a knowledge of what toak place on
the part of Sutton, and still giving to Sutton the patronage
for the purpose of being disposed of. Prescott and Sutton bed
long been friends, and the latter had randeaed the former
ttereeicpi on some elections, and whether a party diapased of
patronage fie.r elee purpose of enriching himself, or allowed
it to be converted into money for the benefit of others, did
not appear to the Learned Ce:entiernan to make any material
difference in point of guilt, the whole being a gross breach
pf trust of the public concerns. On Theized.ay, the `2 ti:
Apria, r ir. Prescot made an application to Colairoone,'whe
had been a pire,r,,...or for 30 years, in order to lend hint the
appointment of a Cadetship on the Madras Station. This
was AO uncommon 'circumstance, and the Colonel imme-
diately complied. Soon afterwards a coaeeeeation took
place, which ee.adered the Col. extremely uncomfortable ia
his mind, for promising to •Lend the appointment... In
consequence:the Colonel saw Bite Prescott, a circumstance
extremely important to be recollected. the appointme,nt
of a young man to such a situation, a letter is requi.reei
the rocoraaa.eeeding party to be written to the party, in
which he declarer tirezt he received the appointment gra-
tuitously, that he gives it ggateeitously to such a one, with
aebnaol family and connections he is W4l4,ainainted. Upon
this necasipie such a letter was written, belt instead of be-
ing signed, as it ought te, have been, by some person w o
had actually recommended Mr. Back, it was irregularly
signed by Mr. Prescott liimeW. Po:: Toone asked Mr.
Prescott if he knew the young man and his coaaeaaions the
answer was that he knew the young man's father; thatia,
was aoeap.eetable clergyman in Devon, that the young man
wanted only to ge months of being twenty-two years of age,
and that lie was as fine a ;,oath as any in England. The
Learned Counsel was sorry to say, .thi.t not one word of
e.ais assertion was borne out by truth ill. I',erat,',,-;t1.114
not tcacw the father; the young man wanted more
than two months of being twenty-two years old, and
that being such a tine yagog man, was by no
mesas a just description; as the - Jary should
see. Mi. Sutton ought to have signed the recommenda-
tory letter, but ha haling signed one only in the February
preceding, and on which oetaastion Mr. Prescott had been
the nominating Director, probably between iliena was
de,areeed unadvisable that Mr. Sutton's name shoUld
again so ono brought forth. Mr. Prescott went to the
Cadeteeffice, to have pant of the printed:paper filled up ; the
rammer proposed by Mr. P. was steed by Mr. Sharpe, the
'
clerk, to be irregular, hut Mr. P. reqUeited that 't
be adopted, alleging that he bed
ahead}, given TOOne
as much trouble as he wished to impose piton hinci, farther
than putting his signature to a necessary document, Whi;,b
Was then prepared, and sent to the Colonel for his name to
be 4ttteitell. The contents of the parcel were returned
by the Colonel to the principal clerk in the
office, hut he not haveog .ieeea found by the messenger,
took it to Mr. Prescott, who opened it and saw ite contents.
It contained a note, requesting that the young than shoule
aoe be passed until he (the Colonel) had himself seen him,
and found that he answered the description. The Colonel
also wrote a note of a elmiler effect to Mr. Prescott, but
notwithstanding all thie, and leering perfectly ;ware of the
suspicions existing in the Colettel'e Mind,- he allowed the
papers to pass, end the e'brought man to be .Oaght for-
ward T i
for approval.
Thus, it was *Sr the Company would
not have done their duty, had they not brought for Wart! a;lr.
Prescott on the charge. In the first place then it was clear
that a seta Led been effected of a cavalry appointment for
8.001. ; next, that ahe paety obtained this through Mr. Pres-
cott it woes clear that lalr. lied signed the recommen-
datory letter, in which facts wege stated f.nceneietent with
truth. It was clear that that the papers had not
been dealt with according to the Colonel's request;
and this fact was pregnant with evidence against
Mr. Prescott, that after he was aware of all the suspicions
excited, and had it in his power to stop the papers until a
satisfactory explanation had been given, he did not do so,
but allOWed them' to pass in the usual way, without
any previous inYeAigation,. Zter- the eVidetice ShOnid be
laid before the Jury, it would be for them to express theii
opinion on the case. Sure he was, that he spoke the voice
of the other Directors, that if, after the fullest investigation
it appeared that Mr. Prescott was in no way implicated,
it evneld afford them, as it would him (the Learned
Coegel), the greatest satisfaction to hear him acquitted
by the jury,: •
Rev. Edward Back, called and examined by left,
Sergeant BOSANQUET, said—l reside at Little Hampton,
and have done so far about two years. I lived on the Con-
tinent for 14 years before I went to live at Little Hampton.
My son was born in Devonshire, where I lived about 15
years age), In autumn last, I saw an advertisement in the
ifforning Keraid,
respecting a altuatieo for a young man.
In consequence of thia-adVetti'seinent,' X gilled at Allaop's
Building's, Regent's Park.—(The advertisement was put
in and read.)—l called in the name of Colonel Edwards.
Mr. Wright stated that the situation Was a cadetship to
aSne4r vtiicoeo,ta tot dr
,9001.6 inOot/h.
encoiauvladl
rbye.
India, in the Company's
wanted in the
Before this, IL was not avare that any price was required
for the appointment, and I' told Wright so. In consequence
of my learning the large sum of money Which' was re-
quired, I broke off the negociation. Subsequently, how_
ever, my son becalme of age, and was entitled to some
money, and war acerone to renew the negociation. Be-
fore doing so, however, I wrote
.0 fahaiemen of the •
East India Company, and ;asked him whether* was safe
-
to carry on such a negociation, for I thought there was
something myetreiees abogt the transaction. The Chair-
man distinctly informed me that the :ale of piece!' under
the Company was illegal, and that I would lose my money
if I paid any. All the subsequent steps I took were at
the desire of theChairinan, and in communication with him.
I therefore renewed the negociation, and called on Mr.
Wright. J afterwards received a letter from Mr. W., ap-
pointing a meeting. (The letter wee here pat fa, and proved
to be in the hand-writing of Mr. Wright), I afterwards re-
ceived a letter from Mr. Gibbons, telling me that he would
meet me at 36, Wallet-00k, instead of Mr. Wright. In
consequence of this appointment, I met Gibbons ; he told
me a Cadetship in the Infantry would he 6001., and in
the Cavalry 900 guineas, and that I must deposit the
money at a banker's, or deposit half notes in some one's
hand. He gave me a blank printed paper, and desired it
should be tilled lip. He also shelved me a paper, which was

. .
an arknowledgement that if he did nat fail hit part of the
engagement, he would return the money. He then desired
me to return the paper. I saw Gibbons afterwards, fre-
quently on the same subject. I received another letter
from Gibbous, dated the23d March.

(Another letter was here put iu and read, promising
that the appointment should take place within a fortnight,
but adding that not less than 900 guineas would be ac-
cepted) ; I saw Mr. Gibbons again on the 12th April, and
gave him a 500/. note which I received from the solicitor
of the East India Company; Gibbons cut the notice in
two, and gave me one half and a receipt for that which he
retained. [The receipt was here put in and read.] On
the same day Mr. Gibbons showed me a receipt from a Mr.
Tindal ; on the 1 Ith April I met Gibbon and Tindal
together; they said nothing could he done that day, for
that there were none of the Directors at the India Mouse;
I met Tindal and Gibbons on the Monday following,
but was told that the negociation could not yet be con-
eluded. There were many reasons given for the delay,
amongst Ohm, the unsettled ;stete of the Ministry, as the
appointment must come frem the Beard of Contral. (A
laugh.) On the 23d of April I received a letter, inform-
ing me that the appointment would take place on the 25th,
but that the party stipulated for the further payment of
oat-;44/ of a 300/. note. I met Gibbon and Tindal at
the Monument ea.`;w-cearst•ostee on the 25th, and gave the
bait' of a fiQQ/, nate, 114 which i-ece4o
(The letter and recce i Inft iR ins
the same day Gibbon introduced me to 64ptain aseeparas
a,
at Idayd's Coffee-house. We talked of the negociation,
and Despard regretted that there had beep to ftmals delay
but added, that he would set fill Fight. He went out with
Gibbons,saying he would return in a quarter of an hotir, HQ
did not return, but made an appointment with me for the
next day. I met Despard next day, and he told me be would
introduce me to two most respectable East India merchants
who would do what I required. He conducted ins to the
office of Messrs. Anstes and Stubbs at Great St. Helene.
Mr. Anstes said he had the belt olthe 4001, note, but that
he could dp nothing until he got the half of the 3001. note
also. Mr. Despard preciously told me that Mr, Anstes had
almost all stir.' Aatel (theDirector's).aptipinttnente. Ipo-
- expressed My doubt to Despard or Anstes of the
ability of the partied te, proctire the appointment. Anstes
said he would forfeit 1001. if the appOintment was naS
concluded next morning. lie alsO said that if' I lift the
gentleman in his care, he would be sure to see the
business eopinaide4, gassed as Col. Edwards, all through
the negociation, andrepresented niyeeli. a; gnerdian of
a young man. Anstes fold me that he must forward the
appointment to a Director, who lived in Hertford-
shire. He afterwards told re 'that he had transmitted
the appointment by post to Hertfordshire, hat that
nothing could be completed until the 300/. came into
his halide. On the 28th I waited at Anstes' office, to
Meet e Mr. Aktitire;fre, -clip,- I understood, was to come.—
Captain Anstee accompanied ens to the oni!.;e of rift. Ap-
*trews, in Waterroaa:place. We did.' net see AndFeSie,
however, cal that day Next day; hoWever, I Saw
Andrews at Breok-street, Orpayenota-seuare. I had pre-
viously seen Gibbons at Anstes' 'honee,. St. 4rdifee Woad.
Araetes told me that Gibbons wanted to go with us
to Mr. Andrews, but that he would not allot..
him. Anates and I than went to Mr. Andrews.
Andrews told me the apPOintMent yaae certain, ae,titliaS
the gentleman who was to give it would be in town next
.1a;-, and that papers connected with the appointment
would be et Aeetee' house next day. I did not learn from
him there the Cadet papere were, but he told me I Ingt4
be very secret lest the transaction should transpire. He
p,,eorpirl to bring the appointment next day to Anstes'
office at two o'clock. Andrews did not come until
the evening, and then said, that he bad appointed
to meet the gentleman who was to give the appoint-
ment that evening. He therefore appointed to meet
me nest day, which was the let of May. On the 30th of
April received a coke from Anstes, anpointing to meet
me next day.—[ll(;bert ThOrniOn was here called to prove
Mr. Anstee' hand-writing.j—The note stated that the
gentleman who was to give the appointment would meet
Back, the young man, next day. I met Anstes, Sutton,
and Andrews:at the ;;ceneeent Coffee House next day.—
They said every thing was now completed, and that I must
give the other two halVes of the notes; this I refused to
do until the young man actually passed. We then west
together to She India house ; I took time to consider whe-
ther I should give the 'other haives of the notes a- • I ' length consented to do so. I gave the other halves
of the notes to Sutton and Andrews, at the Ship
Coffee-house. A new difficulty was then started ; it
was said by Sutton that the other halves of the notes
were not forthcoming. I said Gibbons had told me that
the Other halves 'were in the possession of Anstee. A dispute
then arose between Andrews and Sutton, and I was re-
aanesaed tp walk to the other end of the room ; I took up
the half of the 5401. tote I had just givers, and said I
should not give it again until the young man was sworn
tri ; I then received the papers from Sutton, and by his
and Andrews' direction went to the Cadet-office. I left
Sutton and Andrews at the Ship. I met my son at the
dons of the India Benue,vent w;th Blurinto the
Cadet-office, where we met GibbonS. I handed the ap-
pointment to the clerk in the office, who withdrew with it,
and did not return. Gibbons remained very close to me
al (4„ He asked me where he should see me next day ?
said' What no you want Fiith me?" He then said,
that he had told me the price was 900 guineas when I first
spoke with him on the transaction, and as I had only paid
c OW. there was 145/. remaining, which was hound to
pay.' He added, that the 104 would ge to Wright, and
that the 45/. was all he was to get. When Sefton and
Andrews heard from me that I was detained so long in the
Cadet-office, they appeared apprehensive that something
had gone wrong Andrews said he feared there was
tonne irregularity • and Sutton told me that if the ap-
pointment did not pass he would tie a riii4ed 11140 ;
for that he would hate hie friend. Sutton afterwards
called on me at Little Hampton, to ask me how I should
proceed, but I declined holding any conversation with him.
My son was born in October, 1505. I never saw the de-
fendant, Mr. Prescott in nay life.
The direct ezamination pf the witutss having been con-
cluded, Mr. Blioucinaat stated, that lie and Mr. P. POL-
LOCK appeared for the defendant, Prescott, and Messrs.
PLATT and STARKIE for Mr. Despard.
The witness was then cross-examined by Mr. STARKIE
am a Dpetoa in Divinity ; never before went by the
naive of Celnnel Eaniards; ma dress was only changed by
my wearing e black silk handkerchief; I never wore a mili-
tary coat; I have worn a blue camblet cloak, but not in
Lendon ; I was always dressed in black, as a clergyman ;
I had a card of Colonel Edwards in my possession. Col.
Edwards was my present wife's first Inisband ; I was mar-
ried in 1790 ; Colonel Edwards' cards were in my pos-
seeeion ; I had more than 109 of them ; I never went by the
name of Cei. larake passed by niy own name on the
Continent ; I had been ordained before I left England ;
I went out as chaplain to an Embassy; I resided at
Brussels, Ostend, and Valenciennes; I had not employ-
ment except being tutor to a son of the Duke of
Richmond for about a year. This was in 1817. I read
,the advertise:ale:et is the sfkirc4ca in August; an 4 re-
neWedthe PeOCiatinn in NI.), 1827, I then communicated
with' Sir George Robinson, the Chairman of the East
India Company. I always communicated with the Direc-
tors by letter. They referred me to their solicitor, with
whom I afterwards communicated. I represented my son
as my ward. He is not now employed. He lnas no elece
under the East Indio
114 r. cin"trie'pait of lair: Prescott, declined
cross-examining the witness.
Colonel Toone, examined by Mr. Gurney—l have been
for 30 years a Director of the East India Company. I
know Mr. Prescott. The Directors of the Company fill up
the several appointments in turn, as they occur. It is
coalmen for one Director to lend an aopainStuenti to
anothEs, raid l'reecoaSt, in ' 010 143 e; entl of the
month qf ISO; unlined to me by letter to lend
him is Madras or Bengal Cavalry appointment, which he
said he would return when it tame to his turn. I met
him in the street, and told him that I had no op-
portunity then, as there was no vacancy. I subse-
quently made him a promise, that I wool{; 1,94 him the
appointment. aaeas6hina- Lappeueti in the'Coirimittee at
the East 'lndia IfOuse, • which caused ins to speak :to
Mr. Presentt, relative to the person who was apply-
ing for the Cadetship. I asked him if he knew
the young gentleman, and he replied, " Perfectly well,
he is one of the finest young men in England, and I also
know his fatleaa who is n respectable' CleagyMan, re-
siding in Devonshire. "Me fiiither'sai'd, the young mail
wants but two months of being 22 years. of age." Ido not
remember that lie said any thing, else, except that lio be-
lieved that the questions were asked him in consequence of
something which passed relative to an appointment which
had taken place about four years previously.
[THE REMAINDER IN A SECOND EDITION.]

PREROGATIVE COURT.
There was no business in this Court, to.tlay, of the
slightest public interest.

SURREY THEATRE!--Mr. RAYNER'S two
❑ew Entertainments, entitled " tip to Town and Back
Again," and the " Yorkshire Gamester," were performed
at this Theatre, last night. They were highly and de-
servedly successful (after the manner of 11IATniws), and
bid fair to have a ru❑