Star.
London, England, 1829-11-18 00:00:00

he only undertook so troublesome a task on the express agreement
that he should be fairly compensated for his pains, and reimbursed
all the expenses he might be put to, when he should succeed in
bringing the affairs of the complainant to a conclusion ; and as a
proof of his earnestness In making such promise, the complainant
soon after his interview with him, deposited in his hands the box
containing the documents, which, upon the complainant's request,
he afterwards permitted him to take away ; and which again, and
mote than once before its being deposited in the hands of his
(Westmacott's) bankers, was placed in his possession ; under these
circumstances, he submits to the Court whether he has not a lien
on said box, so far as the complainant may have any right to the
possession thereof, for the amount of such compensation as i.e may
be fairly entitled to, as the agent of the complainant ; but be dis-
claims all title to or interest in any of said documents. Ile admits
it to be true that the complainant, upon the day of the last-men-
tioned interview with Si, Herbert Taylor, did meet Sir Herbert
at his ( Westmacott's) house, but denies that it waif by appoint-
ment ; for, on the contrary, Sir Herbert Taylor had frequently
expressed a strong repugnance to meeting, or having any personal
communication with the complainant, in consequence, as he said.
of certain circumstances which bad taken place at a former inter-
view he had with him ; and he bad expressly refused to have any
dealing or interview whatever with' him personally, which
he (Westmacott) had communicated to complainant ,• notwith-
standing which, he expressed a very earnest desire to be present
at the delivery of the box, and when Sir Herbert Taylor arrived
at his (Westmacott's) house, the box and its contents were in a
room on the first floor, and the complainant was in a room on the
second floor, and Sir Herbert Taylor, at the earnest desire of him
(Westmacott). and on his assurance that the complainant would
only address him en the mere delivery of the box, costumed to see
him; and the complainant came into the room, and brought with
him the key of the box. which he opened, for the purpose, as he
stated, of verifying the documents. And immediately before the
arrival of Sir Herbert Taylor, he (Westmacott) bad carefully in-
spected the contents of the box, for the purpose of ascertaining that
they consisted of the whole of the documents which had been in it
when he first became acquainted with it ; and be found that all
such documents were then in the box; and as the basis and chief
stipulation of his agreement with Sir Herbert Taylor was, that all
the documents, and copies, and extracts, if any such had been
made, should be delivered up to be destroyed, to take out of the
power of the complainant the means which the p ion of the
said papers gave him, of wounding, as he bad threatened to do, the
feelings, and raising imputations against certain individuals, to
whose private and personal affairs the above related, he asked the
complainant if the box at that time really and truly contained all
the said papers, documents, and correspondence, and every copy or
extract from the same, that had been made, if any such had ever
been made? in reply to which the complainant solemnly and re-
peatedly pledged his honour, as a gentleman and an officer, that the
box did contain all such papers, and that no copies or extracts from
the same had ever been made; and that no document in any way
connected with the subject was in the possession or power of the
complainant, or was in existence. And the complainant, after
having opened the box, assured Sir Herbert Taylor that all the
documents relating to the agreement were then contained in the
box, even to the letters of Sir Herbert Taylor, which he held up in
his hand, and explicitly and solemnly stated that nothing whatever
connected with said documents had been kept back, for the truth
of which statement he again pledged his honour to Sir Herbert
Taylor ; and he (Westmacott) giving full credit to those declara-
tions, assured Sir Herbert Taylor that the fact was so. Com-
plainant then locked the box and put the key in his pocket. The
box was immediately tied round with tape, and sealed by Sir Her-
bert Taylor, complainant' and himself (Westmacott); but the re-
taining of the key of the box by the complainant was not spoken
of, nor in any way called to the attention of any of the parties pre-
sent. And after the said box had been locked, Sir Herbert Taylor
wrote a memorandum, purporting that said box was deposited for
safe custody with Sir John Dean Paul and his copartners, and was
to be delivered to Sir Herbert Taylor and Mr. Westmacott, or
their joint order, which they both signed ; and Sir H. Taylor then
requested him to get a receipt for the box from Sir J. D. Paul and
his co-partners, in similar terms ; and he having promised Sir H.
Taylor that the box should be deposited in the manner agreed upon,
Sir 11. Taylor left the house; and he denies that more than one re-
ceipt was ever proposed to be given, which we, to be given in his
(Westmacott's name) as the agent of the complainant, in which
character alone he bad acted throughout the transaction. And he
denies that it was suggested that the name of the complainant
should be used in two receipts, as untruly alleged in the bill; and
he also denies that the reason the receipt was not given in the coin.-
plainant's name was, as untruly alleged in the bill, lest some co-
lour or countenance should be thereby given to the rumours in the
bill mentioned ; the only reason being, that the receipt actually
given was given in his (Westmacott's) name, because he had acted
throughout as the complainant's agent, and had been recognised in
that character by the complainant, and by all the other parties, as
well as that Sir H. Taylor had repeatedly expressed his de-
termination not to have any direct or personal communication with
the complainant. He admits it to be true, that immediately after
the meeting of the 24th of November, be proceeded, in company
with the complainant, to the bankin, -house of Sir John Dean Paul
and Co. but he denies that the complainant did there, or at any
other place, deliver the box and its contents into the custody of Sir
John Dean Paul and his partners, or either of them, in the joint
names of Charles Molloy Westmaeott and Sir Herbert Taylor ;
for the complainant did not, on that occasion, enter the banking-
house. That he (Mr. Westmacott) in whose possession the box
end its contents had previously been, did, having first locked and
sealed it, deliver it into the custodyof Sir Jobn Dean Paul and his
partners, in the joint names of himself and Sir Herbert Taylor;
but he denies that he received any more than one receipt for the
box, which receipt he acknowiedges to have handed over to Sir
Herbert Taylor. On mentioning his intention of so doing to the
complainant, be at first objected, but upon the representation that
Sir Herbert bad a right to insist on it—u a proof that the preli-
minary condition of the agreement had been fulfilled—and that not
having the box of papers in his poundal, he could net tarry his
threats into execution, he appeared to be convinced of the reason-
ableness of the delivery of the receipt, and accordingly consented
to it. Mr. Westmacott goes on to state, that he does not know.
nor does he believe, that the complainant ever made, or caused to
be made, a Mt of his debts, to be furnished to Sir Herbert Taylor,
in order that they might be liquidated, although be knows that it
had frequently been asked for by Sir H. Taylor; but on the con-
trary, he believes that the complainant did, after the deposit of the
said box, contract additional debts, in the hope that he should get
them paid by Sir Herbert Taylor and General Garth; and that
with this view, be did all in his power to prevent an accurate
account of his debts from being procured. That be does not be-
lieu the complaisant bas made any application to Sir H. Tay-
lor, for the purpose of entering into the anticipated agreement, tor
the performance of which be believes Sir H. Taylor was always
ready, and which, he believes, would long since have been com-
pleted, but fur the complainant's own conduct. He denies that it
was stipulated to pay the debts of the complainant beyond the
sum before sisters, viz, £5,000, He also denies that it was
stipulated that complainant should receive an annuity of £5,000,
to commence from the time of the provincial deposit of the box, or
from any other time in consequence of such deposit. He states,
that a few days after the deposit of the box, the complainant went
to Melton Mowbray, from whence he wrote, thanking him (Mr.
Westmacott) for his attentions, and expressing his entire satisfac-
tion, adding that he left all the affair in his hands, and that in fur-
therance. of the agreement, hr endeavoured to procure an accurate
account of complainant's debts, and also made an effort to settle
with complainant's creditors, but that he found great difficulty, as
some of the debts were disputed by complainant: some had been
contracted after the agreement, and the whole sum far exceeded
the amount stated to Sir Herbert Taylor. That difficulties arose
in settling the debts, from the circumstance of the complainant
living at the time at Melton Mowbray, in a very expensive style,
which induced his creditors to believe him capable of paying their
demands forthwith. That be went to Melton Mowbray to re-
monstrate with the complainant, previously to which lie had an in-
terview with Sir Herbert Taylor, whom he made acquainted with
the fact of complainant's debts far exceeding the sum stated, and
of his intention of going to Melton Mowbray, when Sir Herbert
Taylor authorised him to tell the complainant, that if he would
discontinue his expensive style of living, and withdraw to the Con-
tinent, so as to give time for effecting the arrangement of his af-
fairs, then he, Sir H. Taylor, would extend the sum originally pro-
mised on account of his debts, and provide a moiety of £7,000,
'which, with £3,000 already paid, would make up £lO,OOO, and
that he would endeavour to procure the annuity to be £1,500 ;
bst that if his debts amounted to more than that sum, and it
should he advanced, then the annuity should be reduced in pro-
pordon to the surplus payment ; and to facilitate his leaving Eng.
a sum should be advanced on account of the annuity. He
denies that he ever made an offer on account of Sir H. Tsylor,
that if complainant went to Scotland, he should have an advance of
£5OO, and that a remittance of £250 per month should be regu-
larly made to him, making the sum of ZS 000 as set forth in the
bill. Ile denies that he was seat to Me:ton Mowbray by Sir 11.
Taylor, but stated that be did mention his intention in going to Mr.
Williams (General Garth's agent) as well as to Sir H. Taylor,
who was equally anxious that the agreement enteredinto should be
fully carried into effect. He states that during the time the agree-
ment was pending, Sir H. Taylor demanded an account of com-
plainant's debts, which he communicated to complainant, who pro-
mised to furnish him with a list, and at the same time, assured him
that they did not exceed £B,OOO. including the 41,000 already paid,
'kind which he communicated to Sir H. Taylor. On the 17th of pre.
'lB2B, Mr. Wesunarott addressed a letter to complainant (in-
closing one from Sir 11. Taylor,) in which he strongly recom-
mend, his trintitrz EnglAthl for a short time, until his affairs are