Star.
London, England, 1824-11-08 00:00:00

BANKERS.-BROMAGE V. PROSSER.

Mr. CAMPBELL moved to set aside the verdict for the
defendant, and obtain a new trial.
It was an action for slander, tried before Mr. Justice
Park, at Hereford. The plaintiffs were Bankers at
Brecon ; they had also a Bank at Monmouth. Both
these Banks were in the highest credit on the 13th of
January last, when the defendant came into Brecon and
said, the plaintiff; Bank at Monmouth had stopped.

The defendant being questioned respecting the truth
of this assertion, said, it was so reported at Crick Howel.
In consequence of this report, a run on the Banks took
elate--large sums were drawn out, and during three
months the circulation of the Banks was reduced many
thousands. The plaintiffs called on the defendant (or an
apology, which he refused, and this action was brought.
Mr. CAMPBELL now made his motion on two grounds
—first, the Learned Judge had admitted evidence that
he ought not to have admitted—and, secondly, his di-
rection to the Jury was wrong. With respect to the
evidence, a person was al:owed to prove that one had
said-4, There has been a run on the Bank at Mon-
mouth, and they have stopped."
The Learned Judge not only considered that evi-
dence admissible, but told the Jury malice was the foun-
dation of all actions for words, and that the action could
nut lie unless the words appeared to the Jury malicious.
The Jury found a verdict for the defendant, but said
they very much disapproved of the defendant's conduct
in refusing an apology.
Judge BA VlAY.—There was no justifiable occasion for the com-
munication.

'rite LOKO Cum? Jurrick—Take a rule to shew cause.

COURT OF COMMON PLEAS, NOVEMBER 6.

The Judges of this Court met today in banao, but
there was no motion of importance heard before them.
COURT OF CON-DELEGATES, NOVEMBER 6.
BRISCO AGAINST BRISCO.

In this protracted case, Lady Brisco applied to the
Court, by affidavit, to have the term probatory, for the
examina‘ion of certain witnesses vouched to an allega-
tion brought in by her Counsel at the last Court of De-
legates, extended to the next assignation.
Dr. ARNOLD and Dr. JENNER supported the appli-
cation, which was opposed by
Dr. l'airwmorte and Dr. LUSUINOTON, who called
on the Court to decree publication, and go on forthwith
to the conclusion of the cause. The sole motive of
Lady Brisco appeared to be delay; and her Ladyship
having taken out compulsories against Sir Wastell lit is-
co's two sons (who, with Sir Wastell, were in Court),
the Learned Counsel hoped their Lordships would dis-
countenance so immoral an attempt to bring in children
to prove the adultery of their father. These compulsories it
had been attempted to serve upon the children at school.
After a good deal of most desultory discussion, the
Con-Delegates (as well as we could understand the
intentions of a Court, several members of which were
speaking at one and the same time) decreed publication
as prayed, and rejected Lady Brisco's demand.

SHERIFFS COURT, NOVEMBER 6.

EXTENTS OF THE CROWN AGAINST THE EFFECTS OF

MARSH AND CO.-THE KING V. WM. MARSH, ESQ. SEND

The writ of extent in this case, 'Which was the first
for inquiry, and adjourned from one o'clock this fore-
noon until seven this evening, was beard before --
HENCHMAN, E‘q. Under Sheriff, and a common Jury.
Mr. Peacock, as Solicitor for the Post Office, and Mr. Alex.
Gordon, for the creditors, appeared.
Mr. HINIIIIMAX stated, that a box of plate, belonging to Mr.
Marsh, valued at £440, was seized under this extent.
In addition to the evidence of Mr. Dyer, clerk to
Martin, Store, and Co. whu had been previously ex-
amined, the following witnesses were examined
*Mr. Arthur Cutbert Marsh sworn ent examined—ls
son of Mr. Wm. Marsh, of Berners-street ; as far as
witness knew of the private property of his father (who
is seventy years of age), he gave- the following parti-
culars : His father has been thrice married. He has,
under the mat riage settlement of his second wife, an in-
terest in 16,6664 13s. 4d. three per cent. Consols;
under his third wife's marriage settlement 3,8101. East
India stock, to the interest of which he is entitled
during his life. Witness, together with George Ed-
ward Graham, were the trustees. Witness's father re-
ceives the interest, by annuity, of 9001. a year under the
first settlement, and 3001. a year under the second mar-
riage settlement.
Mr. Ifrocumax—Does this property arise by deeds of settle.
.thent ?--Certainly.
Mr. Ilexcastaw—Then I am of opinion It is necessary that such
deeds should be produced, as it is not competent to give evidence
of the contents.

Wanebs proceeded—This stock had been sold out
and invested in other securities; but, in Ent, his father
was entitled to the interest on those sums. After his

father's death the property goes to his children, issue
of the second marriage. There are 'children by that
marriage, who are all of age (number not stated). His
interest under his third marriage consists of 3001. a-year,
and two houses in Bedford-square; he has no issue of
the third marriage, and he derives no benefit under that
settlement until after the death of his present wife, who
is about 50 years of age, The property under the third
marriage is assigned to witness on consideration of a
mortgage. At the death of the present Mrs. Marsh, it
returns to the absolute disposal of witness's father, but
he is not certaia of this. In case of no issue, witness
takes the reversion in fee, after his father's death. The
assignment to witness, by his father, was in 1816. The
deeds ate in the hands of Mr. Ward, w itness's solicitor.
Witness's father has, besides, wider his fires marriage
settlement, a house in Sloane-square, Chelsea, but does
not know who occupies it ; his tather's private propetty
consists besides, of a promissory note, not yet due, of
John Wells Bozan, for 5,1071. which will be due in
May neat, payable to his fatheri and endorsed over as a

. .
'security to the house in Berners-street for any advances
they might make on his father's private account.
A question here arose, whether an Extent of the Crown
could reach a note indorsed over as a security
Mr. 111 sCIIMAN was of .oiinion that it would; if not
disentinted. His father further in possession of a
Policy of insurance with the Equitable Office, his pro-
perty, on the life of Tho Mas Williams Williams, Eq.
for 50001. deposited in like manner with the banking-
house in Bertiers-street ; has, besides, five shares in the
Plymouth Dock, which are not assigned, worth 2001.
a share; witness's father has also con•ideiable landed
estates in the Counties of Hertford and Kent ; cannot
say as,to.his father's property in pictures, beyond what
were sold.. On further examination. witness said he and
his father are interested in carrying on the busine,s of
Navy Agents, in Scotland yard. The debts ItArn man.
Naval Officers to witness and father in their business of
Navy Agents, amount to upwards of 100000/. There
are also debts due horn that concern. That will appea,
from the books, the accounts not being wound up.
Mr. Williams Dobson, 'clerk in the house of Martin.
Stone, and Co. of Lomb:Ur:l-street, depo ed that the pri-
vate account of Mr. William Marsh with that house, on
the 13th September last, was 3141. Is. Id. Oa the morn-
ing of the 14th,the greater part was drawn out. They
did not conceive they were entitled to stop his receipts
cn the private account, although the bankruptcy was
gazetted. There was another account with the firm of
Marsh, Sibbald, and Co. which stood from the 12th of
September (11,000/. 14s. 51) until the 2d of October,
when 7,000/. was paid over to the provisional assignee.
On the 14th, the balance of Mr. Marsh's private ac-
count was 521. 10s. and the sum now remaining to his
account was 21.105.

Mr. HENCHMAN Observed, if the enquiry was to go
into the banking account in Berners•street, it would be
impossible to get through it this night.
Mr. Its. Kirby, late clerk in the house of Marsh and
Co. deposed that Mr. Wm. Marsh, seri. had a private
account with the house in Beraers-street, the present ba-
lance of which was 19481. I Is. Sd. in his favour. The
accounts of the house were not made up, and witness
could not say how far there would be a surplus balance
in Mr. Marsh's favour.

A discussion now took place between Mr. Henchman
and Mr. Peacock, as to the imperfect evidence of the
value of the several species of property-in which Mr.l
Marsh was interested. Mr. Henchman observed, that'
with the exception of the plate and houses, no evidence
had been given by which the Jury could form an esti-
mate of the interest Mr. Marsh actually possessed.
Mr. Peacock insisted that the description given by
Mr. Marsh, jun. of houses and estates, besides annuities,
promissory notes, and policies of insurance, were suffi-
cient for the object of this enquiry.
It was agreed, under this difficulty, to adjourn the enquiry for
the present.

FiltES.