The Sun.
London, England, 1818-07-27 00:00:00

LORD DIG3Y, IN THE AI ATTER OF THE SAME.

Mr. WETtiEttAt.t. said this was a 'notion, that it might he
•referred.to the Master impirr whether it would he for the
benefit of the ;meant. that certain leases should be granted.
The Loan ( •Has.-cELLott.—T,Ake !notion, and let it be
noticed, that there is an.ither question, that of the mortga:;-e,
which inu.t not be allowed to die. Let the Master also re-
port her it would tee For the benefit of the lunatic that tt •
portgagt sit iuld be paid tiff.
THE SW EARIN(.; IN OF TTIF, MX JURY.
The Loon CHAN(' —I shall not lee ;tole to sit at ten
o'clock on Mu day tooruitri. as I•tr.ive to attend the Court of
Exchequer, toCliiiree the Pix Jury_ prtliatatury to their ex-
amining the coin at the Mint

The most of the day w,ts ocen,:ied with hrariT)g Lunatic Pe-
titions of no poiklic iitterest. flie plesent Sittings terminate
about the 16th

CORN- EXCHANGE, JULY 27 —Nitiee this day
%yea tve recent d 'cry large supply both
of ‘Vhfat and Oats ; 30,000 quartet's of Wheat,
and 75,000 quarters of. Outs; the sale of 04. s was
si .y dull, at last Moutlafs prices., and IVheat has
d front 2s. to 3s. per quari er ; is in
dentai.d ; Malt is steoly ; Purse and Beans sold
1-ibly freely at outlast quoted prices; in other
kinds ut there is r:O al,erAtiott:

THE DUKE OF GLOUCESTER., SEC.-011 TIIIIrSday
night, about half-past nine, the Duke of GLOU-
cesTmt, attended .by Col, the Him; Willoughby
Cotton, 3d Dragoon Guards, Major. Sir Archibald
Murray, 3rd • Guards, •and Major •Citrzoti.,
24th Light Dragrions, arrived at Portsmouth to
embark in the Spartan frigate, Capt. Wise, C. B.
for the Coast of France.' :His Royal Highness
and Suite dined, at half-Rost ten, with ,Lord Ho-
ward of Effiinghams, at the Lieut.-Governor's house.
Next morning,. soon after ten o'clock, his. Royal.
ltighness was escorted to the New Sally-port -by`
Lord Howard, Sir George Campbell, &c. where
he embarked, under a Royal Salute, and proceeded
on botirti. •the Spartan. -which ship saluted him,
and immediately after got under way, and sailed
for • Brest and Bourdeaux ; from which latter
phice,. his Royal Highness will proceed on. a tour
of France anal Italy,. intending, principally, to
visit Rome, the place of his nativity,.. His Royal
Higlinesv's reception at Portsmouth was such as
became his high rank and universally esteemed
character.

The following is an extract of a letter from
Ilamborgh, tlarc•tl the 17th inst. :—..—

6. The discussions at Frankfort on the N)!tin,
relative to the tn.litary concerns of the Get man
Confederation, have been carried on VI ith so much
e, that after the interchange of reproachful
words,limong the members, the Sitting, tillable to
arrive at any conclusion, was formally prorogued
Couriers were immediately dispatched by the mem-
bers of the Diet to .t brit. respective Conrts, whose
return is anxiously looked for as the Session cannot
until then recommence its.proceedings. It is appre-
heoded that this matter will Cause disa.greeable
conse►luences. Thrt•e members of the Hamburgh
Senate, Messrs Hasse, Jenetinti, anti Sillem, have
been formed into a commission to Supt., intend
the. dis.ributiou of the sum of twenty mil-
lions francs, shortly to he paid
,by France, among
those persons who are eutidcfl to pp/lions of it.
The reports of the increasing prosperity 01 cotn-
mr•rce in London have produced a cot responding
effect at Hantburgh. Tile prices ut, coffee, rice,
s,eetl!, and o; her article*, hive advanced mate-

. YoacitiBy, abort
.three o'clock, the body of ;I
matt WAS thken ota of the itegetir, Caval. From
,verd floctintepos footol in his posse%,‘ion
1141iie ;,plte.Ht'S ttr be.I3ALL, anti th loe teas in the
employ of !lie Excise. fie,hays a.t tht:
or the 1

AMERICA.

JUNE 26, 1318.

IinE3ISON: Cl{O,wFS.

Extract frontiqe ti of a Voyage ;:l the Ship Enterprise,

Ltteiy at trbia.
From Brister'-: L:ta.,d we prnceoled to the
Snares (a small cluster of islands in S. lat. 43.
W. long. 166) ; here we found three men who,had
been on the island seven years —A schoon..r, itt
which they welt., being short of prosisions, they
Chose to take their chance on shorn. ThLy took
with them frmn the vcs9el a quart of rice, an iron
pot, and halt A bushel or potatoes—the potatoes
they planted, and %viten we were there the whole
side of tile island was covered ‘vith them —rhey
had built five houses, and had 1300 dried skins.
We took them mid their skins on board, and
brought them away from the islsnd.

BALTIMORE, JUNE S.
NBUTti AL RELATIONS I.

The following Bitenos AyreAn vessels are now
here :

" Independenee-del-Snd, sixteen iB-pounders, one 64-
glinnatte, Captain Grinnaids.

" Putrydo .n, sixteen 18-pound gunnades, Capt. Barnes.
" Alerta, one long '24, two 18-pounders, two long 9's,
Captain Clotyter.
" A tender, of five guns, Captain Tilden.
" of out long 18, two 18-ponoil gnnnadeq, two
long 9's, and two 12-pound earyonades, Captains Chase and
Cathel; besides two Guineatnea."

PHILADELPHIA, JUNE 11.
We understand that Orders have been received
in this city from the Navy Department to lay down
the keels of two serenly fwas.
POLAR ICE IN THE WEST INDIES.—A Gentle-
man who recently arrived here troll' New Orleans
informs us, that on the passage floating ice was
fallen in with in the open ocean, outside of the
gulf stream, in the 29th degree of latitude. This
is much further south than we have ever before
heard of ice having been olistrted at sea.
Admiral Brion passed St. Kitts on the 28th
May, with a squadron of six sail, among them.
was the ship Emerald, of 2-1 guns, two brigs and
three schooners, with aunts and ammunition, for
Caraccas.

NEW-YORK, JUNE 13.
lire learn by tlle Fair Play, 14 days from Anx
Cayes, that the Haytian squadron was cruising off
that place, and had captured and sent in a Patriot
privateer and tour of her prizes. two brigs and
two schooners.

Sir JAtoes L. Yeo, in the Semiramis, from the
Coast of Arica, arrived at Bridgetown, Barba-
does, on the 16th oh.

May 28, arrived Sc. Bartholomews, brig
St. lago, of St. Jago de Cuba—had been on a
slave voyage, and risen npon by the crew, who
had murdered the Captaih, supercargo and offil
cers—kcariied her to Saba, and represented her as
a prize to Admiral Brion's squadron, and com-
menced the sale of shyes. In the mean time, a
Buenos Ayreati offie,,,r arrested her in the name
of his Government. The nnirdt,rers made the:r
eselie, some to Ole mountains, and others to
Thomas.

BOSTON, JUNE 10.
IVOusE ISLAND, &e.

Eastport, &c are immediately to, he surrendered
to the United States and this C-rrn(mwealth.
The gallant General Miller is ()Meted by the Pre-
sident to receive the snirender on the part of the
United States; and Go‘ernor Brfwks will forth-
with select all officer to accompany hint, on the
part of this Stare.

JAMAICA.-(FALMOUTHi MAY 6.)
SIR Ht,ME POPHAM.

. The public are aware that some short time ago
a vessel ft om St. Domingo anchored at Port
Royal. The persons on board stated that they
had dispatches for the.GoVernor of Jamaica, and
for the Admiral upon this station. 01 the correct
and dignified., conduct, of His Majesty's Repre-
sentative, upon .this occasion, it is unne,-sary
now to.spetak—ii.was exactly what it should have
been...
,

What were the contents or the subjects of those
dispatches it is noiv unnecessary to evquire.
' The bearers of those documents were negroes,
or people, of,colouit. With such persons the Go-
vernor of Jamaitia. could have no personal inter-
course. They might be rich and good, and enlight-
ened and 'religious, all these are personal and pri-
vatellnalitiei—but they came in a public capacity.
It was in a public capacity also that they be-
came known to Sir Home Popham. Yet he re-
ceived them. He invited them to dinner ! They
dined with him and with his family ! He place 4
his wife between two of these black men ! Nay,
he sent his own carriage, with white servants, to
convey them from the landing place to his house,
and afterwards hi re-convey them from his house
to the water-side.

Did Sit Home Popham receive these people is
his public capacity ? if he did, how could he pre-
sume to act in direct opposition to the known po-
licy of the British Government, which disclaims
all intercourse with the penple of St. anninro,
any recogoition of their functionaries, any public
knowledge of their existence ?.
Did he receive them as private persons ? Are
then the associates of a British Admiral stationed
;it Jamaica to he selected from a community
,negroes ? -Are considerations of public pm,
priety to be sacrificed to personal preference ? Is
it any atonement to the outraged leelings or Lady
Popham, that three respectable merchants of
Kingston .submitted to tire degradation of being
present j Is l'.othing due to the sentiments, the
interesis, and the Weiy of this island ? Rut it is
unnecessary IQ expatiate upon the sohject —t he just
indi:;dotion of an insulted people will reach Sir
HOme Popham throui;h another
,channel.

PARts.,--Aniong the papers fotilid in the cabinet
of a suspetied Consp.tator; Abe iron,
its enionatical fiattire, titt,iteti hir a time strong:
sensariools b' Cointn. s
of :-(:),();)t) Noy Sove:vigns alieatty
ea.....-Qoartereti-r-Aretwii4'll Si It iNTOOII-Stwes-
Boitleattx--:-Ma4cif a--Oktot!o, • On rornipa,inK it
S 0111 hitirS Ci col fed by a tian in
,a r reed
coat, it appeared to he merely an ahs,i,ict of rho
pit-sent Lottery Scheme of 8000 Ticketi, wit!' 20
Capitals, 2 of 30,000/. anti -11 - Privfs rir N, w
Sovereigns, divided into shares of quarters, Etc
to b, drawn 'N, XT3.'VEtiDAY, 4th August,
store of Garet, i ri, anti .t.kautitt.

EAST INDIA \TELLIGENCE.

A nn,nber u•: the 4sinlie Mirror (ptiblisit
C4fentta) ot the `2s?h of Fdnuary contains the

following intelligence :

FROM 1 COR it ESPotiDE'NT.

Camp,' liawurl, .Jan • 31.

" I litive the pleasure to give you a coirect de-
tail of the attacks Ott the two Ca 111 111 of Jll,l,Vtlllt
n,4 nil,' iv, and he assault of the fortified tovtti
tdj Jha-cvild Ou the 29th instant.

" Ai to the nriinal causes of the rupture whit
the 11!)ow, we are not fully in possession of them,
further that) his refusal to give up the Pindarree
Chiefs ; shiltiuz and underhand conduct when
he received the determinations of the Commis-
slime'', Captain Caulfield ; and bis alteruattly
showin;f every inclination to non-compliance with
the terms of the Treaty with Sciudialt his master,
mud every disposition to oppose by force the
SIMI of Alajor-General lit own.
" After the Mow havituz had from the 25th to
the 28th at noon to to:ske up his miud to the
terius of the Treaty, lirahminieal like, hue stood
our, unfortunately for himself and master, too
late.

" On the morning of the 29th it was observed
that the Bhow's camp, Wi tour gnus, south of
the town, were moving off, when the piglet of
the 3d cavalry, and a stria/Iron of that regiment
under Captain Swindell, Lieutenants C. C. Smith
and Hester, %vete ordered down to remonstrate,
'Mien they wet e received by a round fr not the
guns, which brought down to.their alit the whole
of that gallant tegimeot tinder Captain Hoffges,
who cot up a' considerable noinher, and the cm ps
pursued, until recalled, with Colonel Newberry,
late Brigadier.
" On'the first gun being fired, Commanding Offi-
cers of Corps withont orders desired their men to
get tinder arms, whicb was fortunate, as. when the
line was ordered out, they were ready, and the
I t battalion Ist regiment, under the command of
Major Bellingham, was desired to saiove.down
-towards the tiring, with the European !Rose ar-
sillery, galloppers, and pioneers, under Captain
Biegs, Lieotenansts Mathison, Kemp, and Earl,
of the latter cords.
" 'the above-mentioned four guns were soon
cleared, and. as the enemy had commenced hosti-
lities, preparations were , immediately made -to
!toll+ the town. The Ist Batt. Ist regiment
moved down to a first position, while some ()ego-
timions were going forward (in which Captain
Sadler, of his Majesty's 47th regiment, with the
Commissioner, showed hi gallantly and activity)
with the town; hit at intervals they kept up a
smart fire of matchlocks and gingals. At one pe-
riod it was said the Bhow had agreed to all the
terms, and to give up the town, but a smart fire
from the walls proved the contrary. The Ist bat-
taliou Ist Native !oratory moved clown as close as
possible to the walls of time town, availing them-
selves of the advantages of the ground out their
part The 12- pounders moved to the right to
enfilade it, and sisfi-pounders dots n the lett of r he
Ist battalion Ist regimeime of Native Intaotrv, for
the same purpose. hue Staff were statioued near
a tomb, het‘veen, and in rear a little ot, the hat-
talioo and .1 2-poander's. The Ist gretmadier
pai!v, , muter Captain Eugleton, W:ls ordered in
advance wirb the 12-pounders, to blow open the
gate : afterwards Lieut. Maltby was ordered tip
with a battalion company; Captain Tarp, -c.oin-
nmanOine the 241greuaoi,rs, with Lienr.ilaeson,
was ordered to the lett of the battalion, and
moved forward to create divetsiou tor. the gate-
way. The halo comp toy, tinder Lieots. Dyson
Rod George Hickman, were ordered to keep on a
fire at. the 'calls, and cover the advancing party.
Lieutenant John Hickman and LieuttnatioOliver
were oidered, with their companies, to'clear the
walls to the tight and left on vutering the town,
and the whole to he ready to advance to the gate-
way when ordered, which was done in the most
gallant manner; and the ga'e being blown open
only to a jar, the whole of the Ist battalion -Ist
Native Infantry were in neatly .together,
The 4th cavalry, with the 2d Ito !,ilia Morse,
the former tooter Captain Ridge, the latter tower
Lieut. Tomer, were ordered to proceed against a
camp north-west of the town, with six wins, sur-
roondad by a linflah, and atain by a 5111,111
They were received as the 3il cavalry had been
on the south-side, and clashed in, its high style,
on the enemy, carrying three guns, and cutting
imp ti great number of them. The whole of these
handsome enterprises have been executed nearly
at the same time, with a small loss, considering
the service, which can only be imputed to the gal-
lantry of the troops, and the advantages perchance
which the ground afforded. Hint what does infi-
nite credit to the troops engaged is, that not an
outrage, or an act of pillage, took place in the
tow!' alter it was camried, agreeably to previous
orders. The Bhow's horse was taken possession
01, and it is hoped and expected that the whole
of this division will receive his property as prize-
money, agreeable to the last treaty with Sci;oliab,
for the handsome services they have pertornied.
The European horse artillery, Under Lieutenant
Mathison, deserves all praise that can he be-
stowed on them ;in fact, not an officer or sokiiee
but deserves the encomiums which have been be-
stowed on them. The writer of this, an eve-wit-
ness to the whole of the movements (nearly)
south of the town, and mita( lie did not sue he
has authentic reports of, retriecs that any inac-
curacy, herein may he rectified, as his anaimis
wish is to give the plain matter of facts, oripre-
judieed and impartially, which should lie the first
pritciple of a soldier, as midue praise most dis-
gust as much as the want of it, when honourably
earned, mast irritate, if not depress, the totule
_exertions of the gallant soldier.7*

4( .-/.qa!ie Otirror, Feb. 25.
" Lrrtcrs have been received from the he tdrs of the
Cram' ot the tOth inst. Their contents are not
Nanithir Khan has given op to its his horses mid
and he ;Ind his followers are said to be in' the most
utetched plight. Fir two days previons to snrrendeang himself
lie had eaten nothinz, and was Rterally starviive. ft-appears
Ciat Major Clarke had caused them greater los4. tha.rt he had
himself reported. It was-the choice troops of the two nurralis
.5!).,,t tie attacto.ii,ll,;,l iwonbers ottlic Wounded had died ig the
after the is also Misted, that the surprise of
thectoo by Cols lie:ith was more iniPortant than at first ima.
Khuretni Khan was cults r dead or dviniz; he wls left
Pit a !Pigott scry ill, and nothing out,re liaS bier. heard ul Li to

ESSEX SUMMER

(Before Mr. Serjeant Lens and-a Special jury.)

ABUSE OF ExTENTs IN AID.

PHILP iT U MoETLoCK ANI) OTHERS.

It will be recollected dolt this important case
was flied at the last Assizes for this County, be'-
fore Mr. Baron Wood, wheu a verdict was found
for the plaintiif, with damages to the amount of
12001. Oo that occasion Mr. Serjeant Onslow,
with whom was Mr. Marryait and Mr. Barne-
well, conducted the defendant's case with great
ingenuity and eloquence, In Easter terra the
I!ciend,nt moved for a new trial, on the ground
of all alleged misdirection of the Learned Judge
in point of law, and last tern the ride was matte
disolioto The case was now brought dote!) for
second tried, the defendant having enlisted to
.aaid of his already powerful legal fortes the enri-
lICIit talents of 3,1 r. Serjeaut Best, oho was
brrlOgilt down by a special retainer of three lin-
, Bred guineas.
'!'he declaration stated, that the defendant,
Frederick Cheethani Alortlock, had Maliciously,
and without any reasonable or probable .cause,
made an affidavit before Sir George Wood, one
of the Barons of the Exchequer, that he and his
parititos were debtors to the, King, and that the
plaintiff was indebted to them in the soar of 6601
with lawful interest ; that the plaintiff was in
failing circumstances ; that unless some extra-
ordinary measure was adopted to compel the pay•
ment of the said money, they would be the less
able to satisfy the King's debt. That in conse-
quence of this affidavit, they sued out a writ di-
rected to the Sheriff of Essex, by which lie was
directed to take the plaintiff by his body, Rad to
distrain his lands and his goods, and cater them
into the hands of our Lord the King. That the
Sheriff did accordingly execute the said is tit, and
dirt cater the lands, goods, and chattels of the
plaintiff into the King's hands, by reason whereof
the plaiteiii was put to a great deal of inconveni-
ence, euffered much in his credit, and was greatly
injured in his eirctunstances. The defendant
pleaded not guilty, upon $11:1C11 issue was joined.
Goes a , with whom was Mr. D. Pollock
and Mr. Wailord, stated the plaintiff's case in a
very eloquent and impressive
speech. The
Learned Counsel, though previously exhausted
in the conduct of a very long watercourse cause,
exerted an incredible degree of energy in the Ma-
nagtoneut of this most important case, lie said
that the plaintiff, by this action, complained of
one of the most grievous injuries for which a man
could conic into a Court of Justice to seek re-
dress. The plaintiff resided at Thaxted, in this
county, was a farmer and ntultster, and had a
wile and eight children depending upon hien for
support. He had formerly been in very respect-
able circumstauces, and maintained his family
with et edit and comfort ; but in const (police of
the conduct of the defendants, instead of being
what he had been, lie was now a ruioed man, all
his prospects in life were blighted, his business;
• destroyed, and himself and his family turned out
house and hOme ; and for the last two years
; and upwards had been unable to do any thing for
the maintenance of those dear pledges for whose
sake alone lite was valteable. The defendants,
M.essrs. Nlortlock, could not he unknown ro the
jury; they were persons of great wealth and id.
tlitenre ; they were bankers at Cambridge arid -at
Bishop's-Storford, and :o their character of
bankers they united that of Receivers-General of
his Majesty's taxes in the comity of Cambridge,
for the due discharge of which office they etotve
cut ity to the Crown to the amount of 90 0001.
Of the legality of extents itt aid he (Mr. G ) lii
not mean to complain ; but it became a waiter of
very serious consideaation with the legislature,
whethei.a country-banker, nailing the aionnel-
nos- characfers of !milker and receiver of the King's
taxes, should any longer be permitted to sue out
the King's prerogative pracesQ, not for the pur-
pose of justice, but for the purpose of oppression
and injastiee. This power of suing out extents
in ai•l was tine which ought to be viewed with the
utmost jealousy, when placed iu such hands, con-
sidering to ‘‘ hat mischievous purposes it might be
%%as a power the most mischievous,
roasinuch as it might he used to the total ruin Of
the most innocent and deserving nian ; hurling
destraclion on all sides, and idastiiig every hope of
recovering front its pestilential effects. The plaiii-
tia bad banked ivith the defendants, and in two
year Ijls he had Overdrawn his account, and be-
came their debtor to the Homan( of about G or.
7001. and they wete desirous of some security for
their debt. The defendants well knew the cir-
cumstances of the times ; they knew the deprecia-
tion of agticultural property, and they knew thaf
at that time it was impossible for a man, however
solveot he might he in his circumstances, to make
his property ay.ilable to satisfy present demands.'
The plaintiff at that time had considerable pro-
perty ; he (Wiled on a very extensive busioess as
a homer and maltster, and-he had landed estates,
upon which there was then a small mortgage' of
3001. In consequence of anotpplication made by
the defendants to the plaintiff, he signed an agree.;
ment, whereby he undertook to give them a hinol
and mortgage, to secure their debt, upon his
Minded and other property. To catty this agree-
ment into elf •ct, some time would necessarily be
oecupied. It was therefore-agreed, that in the in-
terim the plaintiff should give a promissory note for
the debt, parible on demand. Accordingly, on 16th
March, 1815, the promissory note was signed.—
The agreement, it should be recollected, was for
a bond and mortgage, and nu more. After the
execution of the agreement, the plaintiff's attor-
ney prepared an abstract of the title to the real
property, which was sent to the defendant's attor-
ney, to enable him to complete the bond and tnort-
eatee• In this state matters remained until the
6th August following, when the securities being
prepared, the parties and their attornies met to •
gether for the purpose of having them executed.
Alta Mortlock did not himself attend, but he ap-
peared by his attorney. On that occasion, the
latter produced a warrant of attorney, which' the
plaintiff was called upOti to execute as a further
security for the debt, although that had not been
stipulated for in the. agreement entered into in
;.larch. However, the plaintiff did not hesitate -
to execute all the flute securities, namely. the

bond, mortgage, and tvarrant of attorney. These:,
iestruments having been does executed. the plain-
tff %ety naturally demanded- it promissory note
hark again. It was not, however, then forth--
coming, but it was peoMlied to be delivered up
by Mr. Mortlock's agent, Mr. Howard, iii eight.
or ten .days ;. but it never was in fact given op..
In the month of March, ISI7, the plaintiff was-
busily occupied in preparing his farm for seeding,;
coofident that he was perfectly secure from any
pecuniary embarrassment, in consequence of the
treble securities he had given, none of which
could he put in knee before a terrain. time, when
he would be in a condition to pay off the mort-
gage, and get tic) of his liability to the defend-•
ants. But, whilst be eras thus teposing in secu;
city, an officer came down of a sudden from Lon-
don, with an extent from tile crown, at the suit
of Messrs. Mortlock, founded upon the very pro.
utiasto y note which they had positively promised
to deliver up, but which they dishototorabty with-
held for the base purpose to which it nets applied.
Niithing could exceed Mr. P.'s astooishmeut at
this proceeding but his distress. It came upon
him. like a thuoderbolt from heaven. Au extent
in aid was certain ruin id the unhappy victim of
its visitation ; it polluted all his popery ; no
luau could help him or attempt to afford him re-
lict.; no to-gin could purchase his property, for the
crown must lee satisfied ; but an extent laid its
tang, upon ir, and held it with such a grasp, that
no relief cold be afforded. Had the affidavit,
wpm' is hick this extent was founded, contained
the whole truth, and nothing but the truth? he
:Mr. (L) was quite persuaded that the Learned
Baron Wore whom it is as made !lever would
have granted his fiat, and the ruin of this unhappy
Idaho iff never Would haVe been accomplished.—
He had wholly suppressed the fact of their having
obtained the other securities, and they positively
swore that they would he the less 'able to pay the
crown debt unless the extent issued. There !sever
was a more infamous transaction—never was there
so base a complication of malice and avarice, for
the purpose of bringing ruin and destruction upon
on innocent man. The plaintiff, with that spirit
which became an hottest man, determined not to
be Crushed so easily, and therefore resisted the
extent in the Court of Exchequer, and in the re-
sult, the Jury found a verdict against them, there-
by negativing the existence of any debt on which
it could be founded; anti on that occasion the
Lord Chief Baroo said, " This is another instance
to bring extents in aid into disgrace." But it
wanted no observation from so high an authority
to shew the iuta!lly of this transaction. This,how-
ever, was not all ; ;mother ciremnstance remained
to be added, to s hew the cold-blooded mdignit y of
these defendants. Preparatory to the trial in
the Court of Exchrqoet , Mr, Philpot's attorney
waited upon Messrs. Mort lock to have the plain-
tiff's banking hook balanced. One of the clerks
set about it immediately, when Mr. Frederick
Mortlocli coming into the counting-house, asked.
him what he was doing. The clerk told him,
11 when he immediately ordered him to erase the
• entrie3 which he had just then made, and the or-
der was obeyed accordingly. The book was re-
tnrned to Mr. Berryman, the attorney, thus
erased -; brit the erasures were -not so effectual as
to deStroy the legibility of the fiaures. It might
have been expected that after the verdict iii the
Court of Exchequer the defendants would have
,immediately withdrawn the extent. But no, the
oilicer remained in possession until the warrant of
at torney became due, and on that day the extent was
Withdrawn, but the warrant of attorney was put
in force. The plaintiff's furniture, and all his
property, were sold off; himself and his family were
turned houseless and pennyless into the streets,
exposed., to all the horrors of famine and want,
and exposed to the inclemeoey of the season.
Happily, through the Inonan:ty am! kindness of
neighbours, the children were taken in am! pre-
vented from perish'ng for want, to which, but for
such goodn ess,they must have been liable, through
the unfeeling. and merciless conduct of the de-
fendants'. This was the plaintiff's case—this his
honeat appeal to the justice of t teelve respectable
men, in whose hands be coofidently rested his
case—knowing that men of their rank and
character would feel like men, and entertain a
proper sense of the grievous injuries he had sus-
tained. They worth! consider the enormous ex-
pences to which he had been put by these pro-
ceedings—his loss of credit—the injury he had sits-
tained by the necessary neglect of his farm—the
anxiety of his min.d, -and the affliction brought-
upon himself and his unhappy family. Their ver-
dict, whatever it might be, could never be a com-
plete reparation of the plaintiff's wrongs ; they
were too. great for money to compensate ; but•
they would, at all eveots, teach these pOrse-
proud oppressors, that an hottest and injored man
could not appeal in vain to the justice of a British
jury.

Mr. Gatty, clerk in the Court of Exchequer,
produced the extent, and the proceedings tinder it.
Me. Bush, solicitor,• of Bishop's •Storford,
proved that he was employed to prepare the pro-
missory note, the agreement, the warrant of at-
torney, and the
other Loriiment mentioned in the
opening. When the latter instruments were exe-
cuted, ,\lr. floward, the country solicitor for
Mr. Mortiock, was present, and when asked for•
the ptomissory note, he said he had it nor witli
but he piornised to give it up•in eight or
ten days. 'l•he note was made jointly by the
plaint ill* and his father.
Mr. Collis, a tailor and draper, anti friend of
the plaint ,fr, was l►resetit at and e.itnessed the ex-
ecution of the mortgae at the Chequers at Dun-
mow. life heard Mr. llowdr.! promii"e to give up
the niue.
•

Mr. Berryman, the plaintiff's solicitor, proved
the- circumstance of one of the defendants di-
recting their clerk to erase the entries in the
plaintiff's pass-book, as mentioned by Mr. Gur-
ney. Witn,esS's dethand for costs ry,ainst the
plaintiff for journies,-"&c".-nbont this business,
amounted to 951.

The Rev. Mr. Jee, vicar of Thaxted, proved
that fur eight years the plaintiff had been church-
warden of that parish, and bad been entrusted
with the parish-moody to a considerable amount.
He had the highest opinion of him as an honest,
honourable, and respectable man. He consider-
ed bun as completely ruined in consequence of the
extent in aid. .I.3eftqe that, he belivved him tu be

perfectly solvent, and so komi an opinion 1134
witness of him, that he would have lent hirfl an)
money he Ivnnted. a
Mr John LlarveT, Mr. Stephen .1' eaco s!'„
Jr.N Edward Jarvis, nvigirhours of the rhinti"
proved that he had borne the character of A on,
of credit,' previous to the issuing of the extent
aid, and as such they would have trusted 11411 t
any extent within their power.
preyed
Mr. Joseph Bright, a land-surveyor, be
that the land mortgaged by the plaintiff 1"
ltif
defendants was worth 2 or 3001. and IJJ
house was worth 4 or 5001.
Mr. Henry Clarke, who acted for the pl3;.nt
,t 1 'is the Coia'

111 1•011d011, in managing his defence is
a Exchequer, proved that his costs amounted ('‘)
2041. of
It appeared, upon cross-examination of sottle a
tine above witnesses, that the plaintiff, at the 6111 J
the extent issued, had taken a üblic-house, al`-'6
was going to carry on the businpeis of a public°
with that of a maltster.
Mr. Setjeant BEST then, in an able and P°:/,eis;
fol speech, addressed the Jury on behalf oi
defendants, cotszending, that the single
for their consideration was, whether the de)Thi
ants had issued the extent in question-md.fici"5....."
and without any reasonable or probable cause.
Whether it was issued maliciously was a nulibtele
tot- their determination, but as to the reas°ll3-
and probable cause, they must receive
two of the Learned Judge ots that point. if
defendants had reasonable grounds for bele"'
es
that the plaintiff was not in solvent circumstanclie
at the time the extent was issued, they vc°aid„,e
perfectly justified in their conduct. Tlwir ":t
opinion upon this subject would be soffiriea- 0.(1)
warrant the proceedings. he cetetlninatiOn
this point must depend upon Hu examination ra
the plaiotiff's affairs at the time. _lt 111Veare.
quite obvious, from the erideoce alreatly
mined, that the plaintiff was not in a conditi°o'
to pay all his debts, and therefore it could 11°L
said that he was ruined by what the defenda
had done. The question here was, not what Nat'.,t
the actual state of the plaintiff's affairs, bat 110,
the di tics
was the opinion of the defendants respeetiog thew
So far from any malicious motives being inll"l"est'
to the defendauts, they had acted with the gre.0t......
kindness and forbearance towards the plailttfl ;he'
The writ of extent authorised the taking °'
plaintiff's person as well as his property ; bulit the
stead of so doing, the defendants direete" the
Sheriff not to meddle with Isis person. 13".orosp
strongest fact to thew the absence of malice bet
that the defendants, throughout this business; ate.
acted under the advice of Mr. Nick, °.f the
Temple, by whom the affidavit in support ° duct'
extent was framed. In point of law the clo'rit.
of the defendants was perfectly justifiable' t„-•
could not be said that the promissory n°'-rithe
question bad merged in the other securities•
utmost ground of complaint against the iaito
ants was, that they had accelerated their c to
three months earlier than they need strictiteir
have done ; but throughout the whole of t.her
conduct they acted bona fide, and without "'lit)
express or implied malice. It would be Pr°vessioli'
evidence, that the defendant had reason to °co,
that the plaintiff was not in solvent circurlist2nacy
at the time the extent issued; that they loa "%co
ed under the advice of Counsel ; that tileretiotei'
no promise to deliver up•the•prornissotY set',.
and that upon the whole, the defendants had
ed without the slightest imputation ofmaliee,,eo',
Learned Serjeant, after a most eloqilent sr-t
ut
proceeded to call several witnesses in suPl1"►
.00
the defence set tip, amongst whom werefe-ok.
thick, of the Temple; Mr. Trocr, the dertisOo'- •
ant's Solicitor ; Mr. Bond and Mr. Stet'e jr,ll
Gentlemen connected with the Excise lls, e
Coates, a coal-merchant ; Mr. Elliott ,
Surveyor, &c. tts care
Mr. GURNEY replied -upon the defenclail`
with great eloquence and ability, 0019
Mr. Serjeant LENS, in a lonsinOus a”d its the'' •
summing up, left the question of malice, Jtol
Jury ; and after a short deliberation, Taialje°
toned a verdict for the plaintiff—Dan-ogs
Numbed Guineas. Oa lift
The announcement of the verdict pro" „f the
involuntary burst of applause from noolY"eti t.
auditors in the Court, which was creovu
excess in all parts.

On ATOntlay John M‘DonalJ, who wgshtrrgh
betore the High Court of Justiciary at figiilli..°dart,
for robbery, and acquitted, going out of --Ite
was arrested as a deserter froin the 95:1i'di
went, and carried prisoner to the Police
DaeADFut, ACCIDENT.—About one o'cluc-ilic,
Friday afternoon, three men, employed i,narto
chalk-pits at Otrham, near Letv6, beloogdirjeo
G. Shithier, Esq. M. P. were :tilled by ibeis" °l(b egg
tall of large ngasqes of 'chalk, and se"r" • •
were seriously hurt.

BIRTHS.
"
Wife Of 14
Onrlja
Saturday, at Clay Hill, Beckenharn, the tOilf
f
Peregrine Courtenay, adys)
On the clad inst. at Runcorn, Cheshire, the
James Bradshaw, It. N. of a daughter. •

MARRIED.
tisool, ,01
At Edinburgh, on the 0! st July, Robot' ',„,l'
a, ) '
Madras Medical Eq ablishitient, to ' Maria flivl"l4,,ieolldr,
daughter of the late Lieut.-Colon el Flint, 95th js7 it°u' ei'
On Saturday last, at Hammersmith, Erltotiof 001°
• Esq. to Eliza, only daughter of Dr. Ando-son, °
smith.
DIED.
titer 11,,e 0"
On Friday, the 24th inst. at Argyll House, Of t,-
Lndy Caroline Catherine Gordon, second chug of Dv*
, le °I ,
°.f 6 \ r!ri: triteic 1%41) inst., at Gravesend, MIA; Poc°l''' wibis iio6oe.
Pocock, printer.
On Friday, the 24th inst. Charles Lisle, E.4.l%.aitted 64. t 3°4
at Moylescourt, in the County of Southampo:ekancicn
$
originalu'as tlle
flat
ItynaolfeLliiielier,
of
fn
tiiirtei elasliedocsfcle‘t7lita,l'ift.ll
t_ n crecyot,
- Joo- rberi r
At .Dondee, in CT 100th year of his ag°,.ni„g ati 0104
native of Strathspey, and one of the few Coral r that;45.,,..
of Prince Charles ‘
Stuart—having four urid„,ie 'I) I,,clit':
to nate Prince during the whsle of the reb°"'"--,i4e; 'l.'ed ti,-
yard °I I:,c7ollo°,Dig
1746. I-ht was hurried at the church-
company who attended his remains to the gra't-tlrs of
'
beforeancient i
eafia
tigi
11,18.1 Highland drinkingebuusrtyoinntg_ogfroiliid.
re,t,
.............--,5p,,........................... - Of ic.',,
.:
LONDON: Printed by.). B. CARSTAIR.O, lii d ir r, i
Ormond-street, Queen-square; awl Pi
tta, at i-liOr'er*'
SCRIPPS, of No. 7, South Molton-strece.,',oo
Orlice, No. 112. Strand ; where Adrvlti,se„
Utters, &c, (past-paid) must be a.ddcgsi'