Star.
London, England, 1809-02-23 00:00:00

Mr. FOSTER disclaimed all knowledge of the cir
•etunstance until that *foment ; but thought the cir-
cumstance of any Bill in Chancery which the Cott).
;sAissionees might have thought fit to file, and had yet
'Moro to ne Ism, was net a -amen for refesirg at
lids time the usual t. Besides, the Right
Monet could sorerantertain no doubt that the ca-e,.
ousilrdAmßeeTt
ARTHUR
nit o tic
wEe,
"'Wore the present Lord Chancellor of Ireland,
LaLEs
ndstEtyjussatiicdeabefedwonweo.rci:
atr
higShiresjt.
*the same effect.
replied, ,thbey professing
tr,yhotio
JOHN
hecNt andEW
vP2ferrratioren thure-
aNe and upright character who now filled the Chan-
Bench of Ireland, with so finch honour to him.l
self, and advantage and satisfaction to the country
where he presided. It was not upon any doubt of
his stria justice that his own apprehensions were
&coded or his objections offered, but in thz jerverse
•-eoiltuct of the Commissioners of Bequests, in endea-
vouring, by a strict research into obsolete Acts of
Parliament, to fish out flaws in the legality of a,will,
bequeathing charity to an unprotected class of the
poor in Ireland, of whom those Commissioners were
appointed the legal guardians and protectors ; in order
to transfer the benefits of the legacy to a pereretual
absentee resident in Spain. It was not their duty,
but much beside it, to fish out flaws in the will, even
if any existed, to defeat the charitable ends of their
own institution, and the humane intention of the be-
nevolent testatrix towards the poor in Leland, and
wantonly to promote litigation and excite new dis-
contents, already too prevalent. However disposed
the Chancellor of Ireland might be to consider and
act by the equitable and-benevolent side of the case,
he could not avoid taking notice of legal flaws, if they
were officiously, pointed out-to him. It was not there-
fore the proposed grant, but the conduct of those
Commissioners, that he wished to reprobate ; for it
made no difference whether such proceedings were
taken by their direction or by their permission to any
legal person in their employment, merely to increase
his own professional endowments, in the way of liti-
gation, and -which must be deducted from the sum of
the legacy, and thus directed from the object of the
charity.
rThe motion, however, passed in the affirmative; as
did also, without any discussion, a grant of £8,953
to the Catholic College at Maynooth.
The CHAIRMAN then left the chair, and was ordered
to report to-morrow.
-Mr. CANNING presented at the Bar certain Let- ,
ters which passed between himself and Mr. Pinkney,
pursuant to order.—Ordered to be printed.
THE DUKE OF YORK.
The House resolved into a Committee on the In-
, qui7, into the conduct of the Duke of York..
Wunieroft .the -Chair. •
•Lord MILTON moved that Colonel Hanilhon be''
called in.
Colonel HAssir.voN appeared at the Bar as a witness.
Qf When did you first know of Captain Sanden
being in possession of that note which is now in pos-
session of the House ? A. He told me of it at Ports-
mouth the day of his arrival there.— Q. Wai that be-
fore or after the commencement of this inquiry ? A.
It was after the inquiry had begun.
Q. Did Captain Sanden tell you he held the note
to be a forged or a genuine One ? A. No conversa-
tion took place on the subject.--Q. When you first
saw the note, did you think it forged or genuine ?
I thought it was the Duke's hand-writing, and could
not therefore suppose it a forgery.—Q. Did you ever
see the Duke of York write ? A. Never; but I have
seen letters from his Royal Highness on the subject
of military business ; and from my remembrance of
the writing, I supposed it to be the Duke's.—Q. Did
you desire him not to destroy the note ? A. Yes ; I
repeatedly
,desired him to speak the truth, to have no
communication with any person, and to produce
every paper in his possession.—Q. When you spoke of
the note, and gave him this prudent and friendly ad-
vice, dist you suppose it was in existence ? A. Cer-
tainly.—Q. Did Captain Sanden tell you he thought
it was best to destroy the note ? A. No, never.
Q, (By Mr. WasoN.) Did Captain Sanden com-
municate to you any motive for wishing to destroy
the note ? A. No, he never did.
Q. (By the CHANCELLOR Of the EXCHEQUER.) What
was the occasion of Captain*Sanden stating to you his
intention to destroy The note? A. 1 believe I had
better state the whole affair to•the Committee. After
I had seen Mr. Adam, I made an appointment with
Captain Sanden to meet me at the British Coffee-
house, and in the mean time I did myself the honour
to wait or, the Right Honourable the Chancellor of
ithe Exchequer, according to the request of Mr. Adam,
to whom I related all .hat I told Mr. Adam ; and
when Mr. Adam came to Mr. Perceval's, it was agreed
that I should meet Captain Sandell, and repeat to him
the advice I had aleady given. When I arrived at
the British Coffee-house, there were several persons
in the room, nd I thought that that was not a proper
place to talk on the business ;so told Captain San-
den I had some affairs which calved me into the City,
and should be glad if he would accompany me in my
walk that way. He agreed to do so, and as we w ere
going towards Temple Bar, he said, I am sorry, Co.
fond, I have not complied with your
have destroyed the note. I told him I
sorry he had done so, for I was afraid ii
serious consequence. We parted soot
and from that time I never saw him fol
night, nor till the morning of the day
was committed. He called at my he,
gone out. I met him by accident after
told me he had called and wished to e:
sons for his condUct ; that he had not
note, but that he did not mean to pr•
Did Captain Sanden tell you, why he
to ce the paper ? A. No.
By Mr. Alderman CONIBE.) In
versation with Captain Sanden, when he
note, did he say they had g tor ot this ?

aetly recollect that he spoke those words, but he said'
the party did not know he possessed these papers.
Q. (By Mr. Tnoursox.) Then it seems in the first
conversation he told you he hadahe note id his pos.
session ? Did he not tell you in the second he had
destroyed it? and in the subsequent one, the third,
.that he had not destroyed it ? A. No ; .the first con,
versation was respecting the papers generally ; in Oa:
second I desired him to produce all the papers he had,
and by no means to destroy the note. In the third
conversation, after we had left the British Coffee,
house, he said he had destroyed it; and in' the fourth,
lon the morning of the day he was committed, he said
he had not destroyed it.-a—Q. Then it seems, a fort.
night after he said he had destroyed the note, that is,
on the day he was committed, he told you he had nb:-
destroyed it ? A. Exactly so.—Q. Was that lute
contained in any envelope • and if so, was there any
direction on that cover ? A. The hand-writing of the
cover seemed not tp he the same as the note.—!:.
What induced you to copy the note ? A. I was cise.
sired 'to do so by Mr. Adam.
Q. (By Mr. C. WYNNE.) Were you induced to
give the advice you did to Captain Sanden not to
destroy the note, from a consideration of the pro-
priety of the advice, or had you observed any. thing
in his conduct which made you think he was likely to
"destroy it, and therefore such counsel was necessary ?
A. I did not consider my advice to Captain Sandell
as that which I would give to any common individual.'
Captain Sanden had applied to me as .his Colonel,
and asked my advice as to his conduct, and I gave
him such as one man of honour would give to Imo-
' ther.--Q. Did you suppose Captain Sanden, when
you gave this advice, would keep back the, note ?'
A. No, at that time no such thing had been insinua-
ted.—Q. What day was it on which Captain Sanden
first told you he had not destroyed the note ? A. On
the day stated.
Q. (By Mr. Aiwa.) I wish to ask the witness a
question, whether, from the first time I conversed
with you on the subject, viz. on the sth February, T
have not avoided all further communication ? A. So
much so, that Mr Adam has avoided communication
on all other subiects.
Q. (By Lord MILTON.) I suppose you did not
communicate what you knew of this note to Mr.
Wardle ? A. I have had no communication, nor
had I ever the slightest knowledge of Mr: Wardle.
—Q. Why did you apply to one party, and not to
the other ? A. I have known Mr. Adam many
years, and I did not think I could communicate
what I knew on the subject to a more honourable
man.
Q. (133, Mr. MARTIN.) You have stated that pre-
vious to your going to the British Coffee-I,ouse, you
had an interview with the Chancellor of the Exche-
quer when was that > A. Mr. Adaris desired me -
to go to Mr. Perceval, and inforin him of all the cir-
cumstances, which I did on Saturday morning.—Q.
Did you tell Mr. Adam or Mr. Perceval the note
was destroyed ; and if so, when ? A. I never com-
municated with the Chancellor of the Exchequer
after the morning I have stated. As to Mr. Adam,
I can only say that I desired Mr. Lowten to commu-
nicate the circumstance to him as soon as I was in-
formed of it.—Q. Then you never saw she Chan-
cellorof the Exchequer, but previous to your going.
to the British Coffee-house ? A. No ; I did not.
Q. (By Mr. Anwar.) Do you recollect having come .
from Croydon to the Horse Guards on Sunday, the
sth of February ? A. I arrived in town on Saturday,
therefore could not come from Croydon on the Sun-
day.—Q. Do you remember a short conversation I
had with you there ? A. Ido ; a few words.
Q. (By Lord FotacasTose.) When did you first
know of this note ? A. The first time I met Captain
Sanden.—State the whole of what passed.
Colonel HAMILTON then stated, that on Captain
Sanden's arrival at Pprtsmouth from Plymouth,
where he landed with his regiment, he applied to him
as his Colonel to advise him what course it would be
best for him to pursue ; and in order that he might
do so with the best effect, he-would inform him of all
the circumstances of his case. Captain Sanden then
told him, that some years ago, on his arrival in town,
he met with a Gentleman, who pretended that he
had it in his power to procure promotions in the army,
and offered to introduce him to a person who had
great influence with the Commander in Chief ; that
soon afterwards he met with Colonel French, and
having informed him of this information, they were
introduced to Mrs. Clarke by the Gentleman alluded
'to, and the business of their levy was set on foot ;
that soon after this he met with Captain Tonyn, who
wanted to obtain a Majority, and he offered 500 gui-
neas to any person who would procure it. That he
carried on a negociation with Capt. Tonyn respecting
this matter, and the money was deposited in the
hands of a third person. That Captain Tonyn be-
came impatient, and applied to have his money return-
ed ; on which he had communicated with Mrs. Clarke
who read him a note from the Commander in Chief,
which he was to shew to Captain Tonyn. That a
stop in the business took place, on which Captain
Tonyn agreed that his money should remain a few
Gazette days longer to see if it would be Gazetted.
That in a few days after, he took a second note to

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iam sorry, s-o- J- ••.-- ••. -- --•• ----., - ----- • _
r advice, for I Capt. Tonyn, which signified that he would be ga- i;
I was also very zetted on the Saturday following. He understood E`
lit might be of from Captain Sander, that these two notes were -in ii
Don afterwards, I his possession ; but the one which he had seen was • I:,
for near a fort. I that which mentioned that Tonyn's business must ifil
ty on which he I stand where. it did. This was the note to which he ::;
use, but I was I had always alluded, and which, with all the other
swards, and he papers, he advised him by all means to take care of, ;1 is
explain the rea- and produce when called on. .1 ,
•
it destroyed the Lord FOLKESTONE here addressed the Chair. q."
)roduce it —Q. man, and said he had just received an intimation
c did not mean that Mrs. Clarke was arrived, for the purpose of at. 1. 1
tending the Committee, and as she had been greatly
a your first con- indisposed, he hoped the Committee would have ne
he produced the objection to examine her immediately, that she might
A.. I Llon't ex- be detained as short a time as possible.