Star.
London, England, 1827-12-19 00:00:00

ICILIS CO vat.

!EMU AND °TRIMS . .
Ms. Stonzu appeared lO'r the pliiiififfs. The de-
fenclint claimed- an estatilialted Bowers, in *afford-
Shire. under a deed whieh'heilleied had beeWeitecuted
in the year 1818, by a Wartf;tO whom he had for-
merly been tenint. l.l,xin the trial of an issue at the
last' Staffordshire As-istes, that. deed had been found to
' he a forgery, and criminal yrociedings had since been
instituted itgainst.the defendant, who, a short time ago,
applied ito the CottCt to grant a new trial, which was
.Tne plaintiff. were now desirous of hiving
their eights determine.' by the 'Pimp.' They claimed
she estate in qnestion, in oppositiOli tint alleged deed
of gift to the defendant, under a iliatin i executed by
lei Mid, the former owner ottiailishite, a Tifton time
before his death, in the year 1819. the bill played
that the deed might be declared to be fraudulent and
invalid, and that fact having been' found by the verdict
of the Jury, the plaintiffs were now entitled to have

zeitctlirren to their claim under the will. ;The decree
which the plaintiff; therefore prayed will *it the de.
fendant linght account for the -rent of ihisi•tettatte of
Awhich be had been in possenion under aliae'granted
by Mr. Ward. and that he might deliver up such leate
to be cancelled.

,The Warren of the R ells inquired whether 'any one
:Nimrod on the pm of the defendant?
Air: Simplot said he took it for granted that no one
44400 on this occasion, after the extraordinary cir-
cataktances.that hall taken pLice.
•. •The decree wait then. granteJ. .

iticg (*.BANCELLOWS COVRT. Die. h i '
II A KIN AND KeifilLE.
belecollected that this case stood-avon in or-
-dertims4bla* Honour might inquitc
of .01100Liers •
TlieViat CRANCELLOIt stid he had made all the
figniiy possible on the subject. Seven of the. Masten
mare of one opinion ; Three' of 'them and the four Re-
gistrars were of an opposite opinion. frail these persons
hadteen Unanimous in their opinion, he should have
feliMme difficulty in deciding in contritdietion Wit ;
but.is tilers seemed considntable doubt upon the point.
he must order the certificate of the Master by v hick
the tvustee was appointed to be taken of the file. With
respect to costs, they must be. minsidatadas coats-in
the cause. • .

,'

COURT OP RINK'S RRSCII, Dfc 1e:
{4 'lBefore Lord TIPUTROIN and a special Jury: s
THE LING V. MICHELLE& '
This defendant uas put on his tri iron an indictment
charging him with having' convpired with others, not
berme the Court, for the purpose of defrauding certain
infierWriters at Lloyd's, of the amount, of a policy of
insurance effected on the ship' Diane. ,
The fiTTUANEY thwinis 4. stated ihe;tetlesflo the pro-
secution. The circumstances were thikitli—. A Porte.
geese.: named Vitt na effected a policy of invorance.ititli
the London Insurance Company,-on a ship she Diana)
'Mid Cargo, bound from Oporto to Rio Janeiro. In the
policy the ship was valued at 2,0001. and the good.
and: lieight.at 5,7501. The ship sailed from Oporto,
foundered at sea, was.abandoned, and finally loft, with
het cargo. Viaua, on, this, claimed the amount of his
'policy of insuranCe. The underwriters reused to pay
it, on the ground that both, the ibip and cargo. had been
eitiniated far above'ileir real value. Viana issued a
process Irinn the Court eV -gedteqiier ,- calling. on' them
fct pay slle jftsbritace.. ThAribildPriffiters rest,ted this
ProSe.tslbtiektkigktion,. ahicUtheylinsite affair becan.ette
sii6jeCt invratigation is that-Court. In support of
•hti e.;ini.aVtilsia put 114 a 'soznissi statement that he -had
purthased:-theshiPTbr 7NO Milseas -,(,!bout 2,0001.
Fsogii•h), and hkd bought :the cave, consisting of
soil goody anit coloured silks, at several faits in the
neightioorhood of Oporati: atte%cetrain given price!.
iinder*ritais"iti• this &rage ,of the proceedings
obtained-writ order finial iblkeddit td examine Viana s
books, then :in 'the- pOs>lwiiityll 'l5l • his hitherto law
ill Portugal. Viaaa,;:thel iolilßoglind,. imagined that
the underwriters taw*, able to examine his
books before he should have vitrirised to Portugal, but
was unticipmed tithe tiosliastiters agent, Mr. Young,
who obtained the isookeireriiririaisa's finher.in.law, and;
examined their contents: -Flom this examination
appeaied, that the accoants in • them of the -ship and.
goods were quite at variance sift Vitiates statements,'
. sir, his affidavit before the Exchequer. 'The o uderwritei I
hiving :obtained this iniormation, moved for, a_nti ob-
tained, an .order for the production oL.thesie trucks in the
Court of ErcheqUer. When *hey sweruurnduced ta.coutts;
it appeased that tney then contained seveial new cattiest
fabricated for the.pytpose of. so pporting Viana', originit
smaeosent; that new leaves had been recently inserti4
stnd bound up in ;the books, and that even new booksl
vows substituted• lur some of the, old books. Thitofa-
birtittion of the books was proved by the evidence of Mr.
Young, the- underwriters agent, who. hid examined
thewais,theit original and genuine condition in (ipoi tot
bejoiatiari were produced in the Court of Exchequer,
This thestitnuny• of Mr. Young was borne out by the
oils-tents of several ktfmt wntten by Viana id &gland,
.4 fits agents in Oporto, directing them to falsify the
,attottats-i-dto f.sthr c.tte ne* entries—to inset fit•se
chaps-maw Die-value of the ship and 004— and to•
manufacture such a Whitten statement in the,boolcs, ai
might sus,taia the allegations •whichViana had previ:

:•

•
.14413-aiirorn in his foi;e tl:e Cour tEs chey.e
These listen estrysiod; Aome merits not stated, into t
hands of .the uotkiwi iters, as also the original contract
for the tuuchase,of •the'vessel Diana for 2.500 milreas.
instead of 1.900 maftas. as Viana had stated in his
affiJaWit. Fr, m these (his loiters) it also appease,
that Vsara had never been-ils possession of the gnat's
-.411 Red by him in have been shipped on hoard the Diana
far Rio Janeiro. Vran.'s statements as to the possession
and value of the goods were supported by an affi-
,davit or Merelies, the defendant, in Which he swore.
that he s.sv the goods in queuion in Viana's house, -in
Oporto, and afterwards shipped on board the Dims?.
Afer the defendant had sworn t'• is affidavit in &lg.
land, he returwed to Portugal, and having been seen
there in company with the boult•binder who inserted
the new leaves, containing- falie entries, became sat.
petted by the, underwriters of having assisted Viana in
falsifying the accounts, and manufacturing the fabri
cated entries. if [his charge should be proved. the Jury
could have no doubt that the defendant had conspired
with others to defraud the underwriters of the amount
of the false estimate of the ship and goods. if these
practices were allowed to escape with impunity, there
„Could be no security for the large amount of British ca.
,•pital embarked in thoseimportarst commercial enter-
,prises—marine insurances. For the protection of this
property the underwriters had brought the defendant
to trial, as an example to those of his own and all other
countries its which insurances were effected on property
At the expense of British capital.
The policy of insurance effected by Viaoa wit beam
put in and read, and the signatures of the uaderwsisass
proved by John Andrews.
Joseph Ba,:tista d'Almtira,.a Portuguese; *owed the
writineof Viana in a leiter.,slirecting to effect the policy
of insurance; he saw Viana and Merelles in Lon& n
together, in the year 1825 ; saw Merelles examined at
pre Examiner's office for the Court of Exchequer, in
1826. Witness acted as interpreter on that o:casion.
, Cross-examined—He always considered *Me:effete
respectable man.
e bill and answer filed by the patties in the Court
of Exchequer were put in and read. •
•
A clerk to the Exclimpor produced books from the
office of the Examiner-to
,the Court of Exchequer. •
The Examiner to the Court of Exchequer, Mr. Gattie.
produced interrogatories and questions taken on the Si
June, 1825.
The examination of the defendant Merelles was here
read. It stated that he saw goods, in boxes, at Viana's
house; that-he afterwards saw them shipped on board
,the Diana; that they consisted of sift goods—cottons
and coloured silks.
• Moirana, a Portuguesevproved that the ship had been
purchased for 2,500 miireas, and that the value of the
silks was much below the sum swoin to by Viana and
Merelles.

-Merelles kept 4.-shop in Oporto.
and bore a good character. •
[Tbe oansisttotis of Vines letters to some one In Portugal were
then put in and read, and the post marks. and writing of Viana
ipttsved; they were dated. September. aid. October, lied. The
.general substance of these le ttttt canister' in directions to his
agent to fabricate false entries in thi books, to insert false and
Ijigher char;ts of the cost of the ship and goods—to forge false cor-
respondence—to. suborn witnesses In Opbrto—to make perjured
statements of the purchase and shipmentot the.goods—to insert
new leaves in the books, and get them bound up by a particular
tiookbindise.l
William Young examined—lsvras in Oporto iiilB26;
1 am mrofficer on the half pay•af the Pri ish army; I
received an order to ell mine Viands books; there was
another with Me; 'They were pro.`Oced to us first hy
Vianes.father4ithryti 'Signor Loose. at Lis ho2safr we
.ekamined 'them dher at limns's. connt tog-house; thejw
*ere seiert! litiOks; k.mide a 4isk, ofihein ; the list 'flow
prbdUced it' that .which I made of them; I. eaamined
books' containing charges .abdot tile ship . Diana, and
•goods cm/trim:6.d and Atte' ward(shipped an board het;
I made extracts froirethem; the .book now produced,
Marked 21, is not one of the hi:Oka-I:then saws [Made
extracts at the time relative to the purchase of the ship
Diacia; I did not tee ia the hooks.which I then ea:mined
any statement relative to the purchase of the ship stati•
tar to the enti y contained in the book. now prinincred'its
Court. The book malted 16,. urn: put into my !Mods,
is one of those I examined in Piiiiugat ; but these are
leaves and entries in it which 'were..notjthen in it... !...-,...
Here the Cosmos SERGRANTI.objeved, that there was
nothing in these books to connect thedeferrla tat Ma elks:
The ATToRNET Genaaao said, he teciuldproVe•some
lof the fabrications contained to be.in the baasWeritiag
. .
of the defendant. • •• ~
subitsittni,th at.thiselsote.
The CoMMoN SERGEANT
were not proved to hare been ArianaPs....l..-,: • :•!. t't,-i,
Lord TerraftioaKoveindryl.,lisreliestion...es' k ap.
'pealed from Viana's own letters, 'that his books were its
the hands of his lather-in:4W emlthis witness sworcbe
got those bce.ks rtbm Vianals'hather•in law. - •
William Young, in continuations—. Same of the eiphits
in page 67 of the bo.k now produced have beetrifitereil
since I first examined them; 1 took extracts at the time
from the booki ; the passages which I copied have been
Changed; ciphers have been added-1 has been changed
to 10, and 7 increased to 72. and 3to 30. Theseel-
Aerations have been mede.ownew.deaves; entries of the
purchase of pipes of wine; which were not tit the boolfs
originally, appear in th m now; .there_pritaieviave
beep since inserted; many of them ire Met* writitii-of
Vsana; the books, when 1 examined Abe*: contatemil
no items of the-passage that now appears ler thrills, !da-
tive to the parchaie of the ship Dana. • 1 •• •
Joseph d'Almeira, the interpreter. pa oirt.d that kraal
of the false entties sWOrn to by Mr. Voting. were hi the.
handwrising of the defepdant Merelles, and:some in the
hand of Viana. The fal,e entry of the purchase of the
ship was .n Viana's writing. . . • •
Alexander Borghese examined through an interpre-
ter.—l am theson of an ittoinfy at Oporto; My father
mei attorney- to a person named Nobre. I sal the
defendant at Nobre's house in the Sept. 1825, after
he had returned frokZEnkland.l I's its) writing
there several times inittei chants' book her person
Was writing with him, a son of NOW's. 'As sa. him
also in, Al nil, 1826, stritiog•bn leaves of itiou •r.
eir
cantile book ; there was. a bookbinder with hi . ' et
had a piess ; I found books concealed ender a-bed at
Noble's; I examined some of else bo'oks, and marked
them ; the book now rut into my -bands is me of the
books that I found and marked; it bears now the maik
that I then made; this book contains much of the hand
wilting of rue defendant Heretics and of Vtan a.
• Mr. BMWOOliaaniined.L—l am-a vellum binder; the
bark Mier prOdtatCd appears ,to have been bound anew ;
theleist.twolejtves were originally in the bobk, the five
4:9llovriog • 'weft 'Dot ; there. sr e. two other leaves that
have been pitted in i .the book is not now iti..iia original
form ;,sosisit.4oll.LieliSes liEie teen since inserted. _
• • Mr. Bog lesbiokhfadert confirmed the statement of
the pieced' " Nisitriesi...;,:."' '
The Cop des otaa*iirr these addgsved the .Jrsei fin
the defence;' lie tipie.iied 'sit' Dori Antonio isms b. Mel
titles, who sitme„ o the.4ee. persons mdi? ecli aas this
••day, on his tilaftieff.rne drie.fury. Jit was lobe Wished that
his Clieq!Filiklieen:pek-on his trial at:Of...Arm :time
' a ith the :dideri included- io dia. indictionento as in Iv

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