The Sun.
London, England, 1829-03-13 00:00:00

SPIRIT OF THE LONDON JOURNALS.

A Bill has been filed in the Court of Chancery by
Utptain Garth, against Sir Herbert Taylol-, Sit-
-John Dean Paul, Bart. Robert Snow' and
Dean Paul, and Charles Molloy Weztrnacotr, Gent:,
in order to prevent the delivery of a certain box of
papers relating to his fort-nue; Statidt); ti affairs,
and to the claims which h 'ogv,:pim certain persons
named in them, and tO the mode by which such
claims could be substantiated and enforced—which
box deposited in the hands rtf Sir 3ohn Paul,
kes on receipt to Sir Herbert Taylor and Mr. West=
macott—from being delivered to them the ttrlts ot
the agreement upon which he ietti'tlain Garth) ever
authorised or sanctione4 the delivery up of the said
papers not harins t)cen complied with. The agree'
ment was, that he should receive rn ansniity 04
3,0004 ycar and have his debts paidb He says
that the receipt was given Mr. Westmacott Wt•
siri on his behalf, and " the only reason allt,gtd or
suggested against such receipt tieing 7ilven to him,
Captain G., directly, and in favour of such use of
the said Charles Merl Westmacott's name, was
least some colo'nr or countenance should he thereby
given to et.rrain rumours then supposed to exist rc-
apecting the na!ure of certain documents and papers
supposed to he in the possession of him, Captain G,"
e have obtained a copy of Captain Garth's affi-
davit, on which the Bill is rounded, which our
readers trill find in another column. This is a strange
business. It will be seen that great care has been
taken to wrap tip the subject in general language,
Morning aronicle.
We are glad that Mr. Hume has moved for an
account of grain imported up to a specific time ; and
the duty (tax) paid en the same. We hope that it
is preparatory to a motion to do away with the pre-
sent stupid Corn Laws, and enact one simp!e Act
instead, to the offeet that grain may t e imported at
all times subject to a fixed rate of duty (tax)—for
instance, 155., or 205., a quarter for wheat,
and other grain in a proportionate ratio. The Duke
has taken his sword and cut in two Jo)n Bull's re'
piejudiees, as it respects the Catholics, why
shouiti he not take the sword and rut through the
country gentleman's prejudices, in respect of corn ?
'Mr. will, we hope, bring forward the mea-
sure in the House of Commons, and we hope he
will hare the cordial support oi !qr. Peel, and that
the latter gentleman will renounce his corn pre-
judices, with the same happy facility that he got rid
of his religious prejudices against the Catholics. Im-
provement should be the order of the day, not only
in Catholics and Currency, but in Corn.—Murning
Herald.

It is anticipated that much delay will arise in the
progress of the Catholic Relief Bill through the
Committee of the House of Commons, in discussing
various amendments which are likely to be moved
to the clauses of the Bill as they Row stand. Alter
Craving gone through the Committee, it will be
printed with the amendments, and in a subsequent
stage be finally discussed, and in all probability a
division take place before it passes and is sent to the
House of Peers. In the tipper House it is ex-
pected that much legal argument will be expended
upon it by the law-Lords; for any Bill, no matter
how perfect, can scarcely fail of containing ample
matter for legal sophistry and dry and uninteresting
debate. Those who are rtost conversant in calcu-
lating the number of Members likely to divide on
any great or important measure, arc of opinion that
there will be u majority for the Bill of 59 in the
House of L.brds.--Allarning Advertiser.

THE MYSTERIOUS AFFAIR.
(From the 3fOrning Chronicle.)

(SINGULAR AFFIDAVIT IN CHANCERY.)

IN CHANCERY.
13ETWEEN THOMAS GARTH, ESQ., PLAINTIFF; AND
STK HERBERT TAYLOR, KNIGHT COMMANDER OF
THE BATH, SIR JOHN DEAN PAUL, BARONET, RO•
BERT SNOW, AND JOHN DEAN PAUL, AND CHARLES
Mr.)LLOY WESTMACOTT, GENTS., DEFENDANTS.

" Thomas Garth, of Melton Mowbray, in the
county of Leicester, Esquire, a Captain on half-pay
in his Majesty's army, the above-named deponent,
maketh oath and saith, that he was, in the month of
November last, in possession of, and rightfully en-
titled to, certain documents, papers, and correspon-
deuce, of very great value and importance, relating
immediately to his fortune, station, awl affairs, and
to the claims which he had upon certain persons
named in such documents awl correspondence, and
to the mode by which such claim could be substan-
tiated and enforced. And this deponent further
saith, that he was also, at the above-mentioned
period, indebted to several persons in various sums
of money, amounting in the whole to a very consi-
derable sum ; and that Lieutenant-General Sir Her-
bert Taylor, of St. Katharine's Lodge, Regent's
Park, in the county of Middlesex, Knight Com-
mander of the Bath, one of the above-named de-
fendants, was very desirous of obtaining possession of
the above-mentioned documents and correspondence,
or, at any rate, of having the same so securely depo-
sited in safe custody that neither deponent nor any
other person should without his, •_he said Sir 11. Tay.
log's, assent, obtain access thereto; and that the said
Sir H. Taylor entered into a negoc:ation with this
deponent for that purpose. And this deponent fur-
ther saith, that it was ultimately, as this deponent
bath been informed and verily believes, agreed by
anal on the part of the said Sir Herbert Taylor, and
on the part of this deponent, at a meeting, held at his
house, on or about Thursday, the 20th day of No-
vember last, to the effect and in the manner follow-
ing—that is to say, by and on the part of the said
Sir Herbert Taylor, that all the then out-standing
debts of this deponent should be discharged by or
by the direction of Sir Herbert Taylor, and that an
annuity of three thousand pounds per annum should
be effectually recurred to this deponent for his life;
and by and on the part of this deponent, that the
box containing all the above-mentioned documents,
letters, and correspondence, should be sealed with
the respective seals of this deponent and the said
Sir Herbert Taylor, and, so sealed, should be de-
posited in the hands of some banker or bankers, to
be agreed upon by the said Sir Herbert Taylor and
this deponent, whilst the proper securities for secur-
ing the due payment of the said annuity of three
thousand pounds per annum, which was to com-
mence from the period when the said box should
have been so deposited, were being prepared, and
until the completion and execution thereof; but
should be re-delivered to this deponent, in case any
failure should take place in carrying into full and
complete effect and execution on the part of the said
Sir Herbert Taylor the terms of the above-men-1
tioned agreement. And it was thereby, as the de-
ponent bath been also informed, and verily believes,
agreed by the said Sir Herbert Taylor, and on the
behalf of this deponent, that after the said debts of
this deponent had been discharged, and the grant
and securities of and for the annuity should have
been executed, the said box, with its contents,
should remain in the hands of some banker or
bankers to he mutually agreed upon, in the names of
two trustees, one to be appointed by and on the part
of the said Sir Herbert Taylor, and the other by
and on the part of this deponent, as a security for
the due and punctual payment of the said annuity
to this deponent. And this deponent further saith,
that shortly, and, as this deponent believes, the day
next after the above agreement had been entered
into, this deponent believing that the same would
be as it ought to have been carried into full and
final execution on the said Sir Herbert Taylor's part,
without hesitation or delay, did, in order to carry
into effect the above-mentioned terms, en the part
of this deponent, take with him the box, containing
all the said papers, documents, and correspondence,
to the house of Charles Molloy Westmacott, of
Adam-street, Adelphi, in the county of Middlesex,
Gentleman, one other of the above-named defend-
ants, and who then professed to be a friend of this
deponent, but which said Charles Molloy Westttsa•

rott had not any title to, or interest in, any of the
said papers, doeutterits., kehfatsnoti'leriee; ;in tire
said box, in any manner svhateVer. And this depo-
nent mirth saith, that upon the occasion above-
Mentioned, he, this deponent, met the said Sir Heits
bert Taylor it the ho`ree of the 4ts4d Mallra4
Westnaaentts.ll4 iirP','sihi-r'neni; and that this depo-
cient, who had then and there with him the key of
the said box, then and there opened the same, and
in the presence of the said Sir Herbert Tailor, fur
the purpose of verifying the feet that the said papers,
correapondenees and documenta, Above reNirer!
were then contained in shell 1.3.(rk, 4% :11 fact they
then weei *ker.! thin deponent having then and
there taken up the same out of the said,box, arid
sheaved them to the said Sir Herbert Teel& a'sr-
placed them in the said box; end locked the same in
the preeencs, :aid Sir Herbert Taylor. And
thia. deponent fur ter saith, that after such papers,
borreepondence, and documrnts had been, so re.-
pieced, and the said les*,So lochetli inieh lrY; writi
thin and titre lids iMirld with tape, and sealed with
toe respective seals of the said Sir Herbert Taylor
arid this deponent, and also with the seal of the said
Charles Molloy Westmacott, its a friend of this de-
ponent ; but that the key of the said box was, with
the assent of the said Sir Herbert Taylor, retained
by this deponent; for the pnrpose of rirore fully ma-
nifesting the this deponent was entitled to the re-
poesession of the said box and its contents, in case the
above-mentioned agreement should not be fully arid
duly performed and perfected. And thin depiat
nent further saith, that aft'; the sisici box had
been so locked and sealed, it was agreed be-
tar,.-tien this deponent and the said Sir Herbert
'Taylor, that the same should provisionally, and
for intermediate safe custody as aforesaid, be depo-
sited in the hands of Sir John Dean Paul, Baronet;
Robert Snow, and John Dear caul, all of the
Strand, in the city of Westminster, bankers and
et-partners, others of the above-named defendants,
who it was proposed should receive the same as a
deposit, made in the joint names of Sir Herbert
Taylor and Charles Molloy Westmacott, and should
give two receipts for the same, one of such receipts
to be given to the said Sir Herbert Taylor,
_and the
other of them to the said Charles Molloy Westtha-
cott ; bet it was at the same time expressly under-
stood by ail the said parties that the name of the
said Charles Molloy Westmacott should be so used,
and such last-mentioned receipt should he so given
to the said Charles Molloy \Vestmacott, as an agent
for and on the behalf of this deponent. And this de-
ponent further saith, that the reason, end the only
rerson elleged of ariggated against such receipt
being given to this deponent directly, and in favour
of each use of the said Chas. Molloy Westrnacott's
name, was lest some colour or countenance should
be thereby given to certain rumours then supposed
to exist respecting the nature of certain documents
and papers supposed to be in the possession of this
deponent. And this deponent further saith, that im-
mediately after the last-mentioned meeting had taken
place, and in the faith that the said agreement would
be fully performed by the said Sir Herbert Taylor,
he (this deponent) proceeded, and as this depo-
nent believes, on or about the 24th day of November,
1828, in company with the said Charles Molloy
Westmacott, to the banking-house of the said Sir
John Dean Paul and Company ; and there, on the
same day, in pursuance of the said agreement, on
his part, delivered the said box, with its contents,
into their custody, in the joint names of the said Sir
Herbert Taylor and Charles Molloy Westmacott;
and they, the said bankers, thereupon, on the same
day, gave two receipts for the same to the said
Charles Molloy Westmacott, who retained one or
such receipts as the agent of, and on the behalf of,
this deponent, and delivered the other of them to
the said Sir Herbert Taylor. And this deponent
further saith, that shortly after this, deponent caused
a list of his debts to be furnished to the said Sir
Herbert Taylor, at his request, in order that the
same might be liquidated in pursuance of the said
agreement; and this deponent was in full hope and
expectation that the said agreement would, as well
in that, as in all other respects, have been fully and
duly performed. But this deponent saith, that no
sum of Amoney whatever hath in fact been paid to
this deponent, since the said deposit se obtained as
aforesaid, upon the faith of the due performance of
the said agreement; nor have any securities been,
as this deponent believes, ever prepared or attempt-
ed to be prepared, nor have any of the debts due
from this deponent been in fact liquidated or dia.-
charged ; and the said Sir Herbert Taylor denies
that he is bound to perform the agreement as herein-
before, and in the said bill set forth. And this de-
ponent further saith—all authority and power, there-
fore, given to the said Charles Molloy \Vestmacott
to act as the agent of this deponent, or in any re-
spect on his behalf, was, preciously to the twenty-
third day of December last, absolutely revoked and
countermanded ; and that such revocation of autho-
rity was communicared to the said Sir Herbert
Taylor by this deponent, in a letter of the
twenty-third of December, one thousand eight hun-
dred and twenty-eight, in the words and figures, or
to the purport and effect in the said bill of com-
plaint set forth. Arid this deponent further saith, that
he received from the said Sir Herbert Taylor, in an-
swer to the said last-mentioned letter, such letter as in
the said bill is mentioned to bear date the 24th day
of December, one thousand eight hundred arid
twenty-eight ; and that the said Sir Herbert Taylor
well knows that the said Charles Molloy Westma-
cott was merely the agent of this deponent, and that
such agency has been revoked and has ceased, and
that the said Charles Molloy Westmacott is not now
and has not been since the twenty-third day of De-
cernl4er last, in any respect the agent of this depo-
nent ; and this deponent further saith, he believes
that the said Charles Molloy Westmacott intends to
join with the said Sir Herbert Taylor in demanding
the said box and its contents; and that the said Sir
Herbert Taylor, and Charles Molloy Westmacott,
respectively, have the said receipts in their posses-
sion, and that they intend to present the same, and
to demand and receive the said box and contents,
and to prevent this deponent from regaining posses-
sion thereof. And this deponent saith that the said
box and contents are his absolute property, subject
only to the due perfermance of the said agreement,
on the part of the said Sir Herbert Taylor; and
that the said Sir Herbert Taylor repudiates the said
agreement, which, however, he, this deponent, in-
sists ought to be duly, and faithfully, and fully per-
formed, according to the terms hereinbefore set
forth, which were the terms upon which alone this
deponent ever authorised or sanctioned any agree-
ment for the delivering up of the said box and its
centeuts. " THOMAS GARTH.

" Sworn at my house, No. 7, John-street, Berkeley-
square, in the county of Middlesex, this 28th day
of February, 1529.—Exd. sth March, 1829.
" J. W. FARREN."