Star.
London, England, 1818-07-10 00:00:00

end Mr. Jarman, were theft ogled, iiho preyed de-
clarations by Clarke, both before and after his failure.
that the bills in questifer and others were obtained-
for the purposes of tbetrade, and that they bad been
applied to the partners sip account. The first of
these witnesses said, that Clarke told him that the
property assigned by him to Gray exceeded 00,000,
and that thi concern was perfectly solvent at the
time of the disoolntion.
Mr. hlciravcr, for the defendants, said that this
cause was one of the utmost importance to Mr. Gray,
who had already lost the £lO,OOO with which he en-
teredinto partnership with Clarke ; and had been be-
sides called upon to pay many heavy demands. He
insisted that the bills before the Court had nothing to
do-with the partnership account, excepting in this
way—that Clarke, being Mind to find a capital of
£IO,OOO, had resorted to this mode of raising money;
and it was a settled principle of law, that for bor-
rowed capital for the purpose of commencing trade
with another person, that other person was not liable;
it was a private and individual debt, with which Mr.
Gray had nothing to do. In truth, Clarke had never
brought in his stipulated capital, but had put it off
from time to time, and at length failed, after Mr.
Gray had advanced, in hard cash, the whole sum re-
quimd by the articles; the bis in question were no
where to be found in the joint"accounts, nor did they
ever make their appearance at the bankers of the
firm. Under these circumstances, he apprehended
that the Jury would not fix Mr. Gray with the pay-
ment of one more debt, from the contraction of syhich
he had never received the slightest benefit. -
Mr. Philpot, an attorney at Gloucester, swore to
the great difficuky Mr. Gray had always in bringing
Mr. Clarke to .any thing like an account isthough
turd repeatedly, he had never brought one shilling
into the concern. The witness bad advanced 1:7,0(10
to Mr. Gray to enable him to meet the demands upon
him after,.the failure of Clarke.
Mr. Thieker, who' bad been one of Clarke's assis-
tants fn burihess, gave evidence to the bill transaa-
tions of Clarke. The partnerdiip between Clarke
and Gray was kept secret from him. Clarke
about £5,000 upon a house-,at Hampton,wick.
was no entry in any of the books of capital brought
in either by Gray or Clarke. The witness did not
know of any dealings in goods between Clarke and
the plaintiffs subsequent to the partnership with Gray.
The witness admitted on tioss-examination, that Ili

tho signature of the articles the stock might be w
£7,000, but how much of it was paid foe he did
know : he did not think that the concern was e

then in a solvent state.

Mr. SCARLETT called a witness of the name of
Wilkins, who contradicted the evidence of Thacker,
that there had been no dealings in goods between
Clarke and the plaintiffs subsequent to the partner-
ship wit;: Gray. The Learned Counsel then addressed
himself to the Jury, observing that there could be no
safety in commercial transaftsonsif the plaintiffs did
not obtain a verdict: sleeping partners Must be re-
sponsible for the debts contracted by those whom
they trusted with the management of the business:
he insisted that Mr. Gray had been attempting a soft
of fraud upon the plaintiffs, by resisting the payment
of this debt under pretence that Clarke had obtained
the acceptances with a 'view to make them a part of,
his capital. Thacker had admitted. that the stock
eras worth £7,000, and it might be more; and that
perhaps was the capital of Cl.t ke.
Me. Justice ABBOTT stursm2d up briefly, leaving
merely the question to the Jury, whether the pro-
duce of the bills in question had been applied to the
general purposes of the trale, or otherwise ?—The.
Jury found a verdict fo: the plaintiffs, £978. ss. 6d.

COURT OF SESSION, EDINIMMOD, JUNE 30.
FIRST DIVISION.
?AZT V. DAVIE.

It will be in the recollection of our readers, that
the Presbytery of Duodee, by a lodgment of 3d July,
1814, and which was affirmed by different sentences
of the Synod of Angus and 'Mearr.s, deposed the de-
fender in this case, the Rev. Mr. Alexander Davie,
Minister of Istchturc, from the office of the holy Mi-
nistry, for the crime of fornication with Sarah Tait,
his servant. Against that sentenoe, the Reierend
Gentleman appealed to the General Assembly, which
met at Edinburgh in May 1815; and, upon the
25th of that month, after hearing Counsel for the
appellant against the sentence, and several Members
of the *nod in support of it, the Assembly, by a
majority cf votes (78 to 51), reversed the same, and
found that the libel against Mr. Davie was not sup-
ported by satisfactory evideace, and dismissed the
same as not proven.
Notwithstanding this judgment of the Supreme
Church Judicatory, the girl, Sarah Tait, persisted in
her action for aliment of the child before the Civil
Courts, and which, after a proof, and various of
procedure in the inferior and Supreme Court, which
it is unnecessary to' detail, came b.lare Lord Ar.t.o-
way, as Ordinary, who found that there was a semi-
plena probatio, and allciwed the pursuer's oath in sispei
plemeut to be tieken, and which was accordingly
done, and sealed up. Against the Loan Ostaiti
interlocutor Mr. Davie appealed by petition to the
Inner House, but which was refused on the 19th Fe-
bruary last, and the oath ordered to be opened up.
Upon the 27th of same month the oath was opened
up, when it was found that the pursuer had sworn,
in the most unequivocal terms, to theconneetiou

with the defender, and, upon the Sd of March last,
the LORD ORDI!:ART pronounced decreet against the
reverend defender for aliment of the illegitimate child
and in-lying charges, in terms of the libel, with ex-
penses. On the 7th of March these expenses, in con-
sequence of this long protracted litigation, were mo-
dified to, in whole, 2931. Ss. 10d.; and Mr. Davie
having petitioned, not on the merits of the cause, but
as to the amount of the expenses, considerable part of
which, he contended, he was not bound to pay, the
COURT this day refused his petition, with additional
expenses. The cause, therefore, is now final and con-
clusive against Mr. Davie, unless he chuses to carry
it to the Court of last resort.

Clerkenwell Green is shortly to be inclosed with a
handsome iron railing, the iaclosure to be planted and
laid out into gravel walks. A plan of the proposed
improvement has been laid before the Hatton-garden
Magistrates for inspection, and approved of. It is to
be in the form of aD. with the flat side fronting the
Sessions Rouse, between which and the incloanre will
be icjiaved fookway? All ids of saraitifi, being~
obliged to go pound. -