Star.
London, England, 1829-11-17 00:00:00

FIE=

THE MYSTERIOUS AFFAIR.

CAPT. GARTH, 6IR HERBERT TAYLOR, AND THE,
BOX OF SEALED PAPERS.
It may he recollected that some time back a bill was
filed in the Court of Chancery by Capt. Garth, the alined natural
son of General Garth by a Lady of illusuloue birth, for the re-
covery of s certain box of papers relating to his private history,
which had sot into the bands of Messrs. Paul, Snow, and Co.
with witona•they had been deposited by Sir Herbert Taylor and
Mr. Charles Molloy Wermacott. d 1 proprietor of " The Age"
Newspaper. The bill let forth the circumstances under which this
box was deposited in the binds of the parties in question, and at
the time excited much inquiry, although the contents of the papers
were kept a secret. Sir Herbert Taylor and, Mr. Westmacott
hive now filed their answers to the bill, and the case will of course,
in due time, come before the Lord Chancellor, for adjudicatioo.—
t:rom the answers in question, it appears that the complainant,
Capt. Garth, had, by surreptitious meaus, contrived to get pos.
zealots of the box of papers alluded to from his father, who was
highly indignant at the circumstance, especially as at
.the time he
was labouring under indisposition; that these papers contained do-
cuments and correspondence touching the birth of the said Capt•
Garth, the publication of which would have deeply wounded the
feelings of certain high personages; and that with a view of ob-
taining money to relieve himself from the embarrassments under
which he laboured, the Captain threatened, and actually deter-
mined to give them publicity. For this purpose he applied to Mr.
Westmacott, who, on ascertaining their character, thought it more
advisable to adopt a different course, and having apprised Sir Her-
bert Taylor and General Garth of the objects of the gallant Cap-
tain, a negotiation was commenced, with a view, on the part of
Sir Herbert Taylor and Gen. Garth, of regaining possession of the'
papers and destroying them, feeling, as they did, that they were
calculated to give offence, as well as to excite prejudice towards
persons for whom they were interested. The object of this nego-
elation was, of course, to learn the terms upon which Capt. Garth
would consent to part with the papers; and after repeated inter-
views between Sir H.. Taylor, Charles F. Williams (on the part of
Gen. Garth) and Mr. Westmacott, who acted as the authorised
agent of Capt. Garth, it was agreed to pay Capt. Garth's debts,
the amount of which he stated to be £B,OOO, and to grant him an
annuity of 4(11,400 a-year, half of which was guaranteed by Sir
Herbert Taylor, and the other half by Mr. Williams, on the part
of Gen. Garth. These preliminaries adjusted, the gallant Captain
received £3,000 in advance, and in November last delivered the
mysterious box to Sir Herbert Taylor and Mr. Westmacott, with
a solemn pledge that it contained all the papers it was supposed
originally to hold, and that nothing had been withheld, nor had
copies or extracts been taken therefrom. The box was imme-
diately tied round with tape, and tested with the seals of
Sir Herbert Taylor and Mr. Westmacott, and was by them de-
posited in the hands of Paul, Snow. and Co. the bankers,
who gave a receipt for it, with an understanding that
it was not to be re-delivered unless under the joint authority of
the said Sir Herbert Taylor and Mr. Westmacott. Mr. Wesema-
cott was then desired to take steps to arrange Capt. Garth's affairs,
but that be found impossible ; the Captain did net adhere to his
old list of creditors, but incurred new debts, kept up a ruinous
establishment at Melton, and, to crown all, divulged to divers per.
sons the secrets of the box, which he had solemnly promised to
keep secret, added to which, it turned out that he had reserved
copies of the contents of the papers deposited in the box. Still Sir
Herbert and General Garth (his father) were willing to save him
from destruction, and it was agreed to increase the sum for the
liquidation of his debts to ten thousand pounds. and his annuity to
three thousand pounds per annum, upon condition that he retired
to the Continent till his affairs were arranged ; but he was deaf to
every remonstrance, Persisted in his entravagant career, and thus
rendered it impossible to effect the laudable objects which were to
'contemplation. As for the papers, it was first denied that they
were Captain Garth's at all; next, that Mr. Westmacott bad a lien
upon them for money advanced by him for Captain Garth; and
lastly, that by his own breach of covenant be had forfeited all right
to their restoration ; whereas, if he had complied with the wishes
of those who had his interest at heart, all that had been promised
would have been fully accomplished.
No allusion is made to the :nature of the papers in the box, and
Sir Herbert Taylor disclaims all knowledge of their contents, but
says that he belieVes their publication would be painful to the feel.
ingi of the party for whom he I. interested. Thus the curious in
mystery are as much in the dark u ever, and the momentous ques-
tion of " who are the real parents of Capt. Garth" remains unan-
swered.—We subjoin a copious abstract of the answer or affidavit of
Sir H. Taylor :
SIR HERBERT TAYLOR'S ANSWER ON
AFFIDAVIT.
lir Herbert Taylor, in his answer, states, that some time be-
fore the month of November, 18211, he was informed, and be-
lieves that complainant was In possession of certain documents,
consisting chiefly and wholly of correspoodence, or letters, and
copies:of letters, and memoranda, relating to his own birth and
station, or situation, and relating to the conduct of, oe tending in
some manner to affect or throw imputations on the characters of
retain individuals, in whom he (Sir Herbert) took an interest ;
hotpot In any manner relating, according to his knowledge and
belief, to the complainant's fortune, nor to any claims which he
had upon any person, nor to the mode of substantiating or enforc-
ing any such claims ; and, accordingly, that the documents, papers,
sod correspondence were of great se considerable importance, but
110 et any jut and legitimate value. In the course of the treaty
which took place between him and complainant, it was never no
slimed or insinuated. He does net believe that the papers and
oseramoodence related to the complainant's fortune, se to may
dims which he had upon any person, or to the mode of stttletao-
retiag
such claims;. but not having perused the said deamminthe,
man, and correspondence, nor any part thereof, nos bun mode
acquainted with their contents, be cannot set forth, of his ma
knowledge, to what the same relate. He was Informed that thane
papers did not belong to the complainant, and that he bad no law-
ful interest in them ; and that be had. in or about the month of
January, litaft, obtained the same improperly, and without the
consent of General Garth, the complainant's natural or reputed
father. to whom the same belonged; that be obtained them
during the mess of General Garth, and that he retairted.them
without his consent. In the • course of the treaty, it was never
alleged that the complainant was the lawful owner of the papers
and correspondence, or bad any right over them beyond that of
bare possession. He submits, therefore, that the correspondence
was not of any great value or importance to the complainant, or in
any manner related to his situation or Waits or to the claims
which he had, or suppmed be had, upon certain persons mussed in
those documents. He (Sir Herbert) was informed that the com-
plainant was at the time mentioned in the bill, indebted to several
persons in various sums of money, amounting in the whole to a
very considerable suns, and that he was under great pecuniary em-
barrassment. From what he understood of the nature of the do-
cuments, papery, and correspondence, he believed that the same
were of no just or pecuniary value to any person ; and that no use
could legitimately or properly be made thereof; and that the pub.
lication or communication thereof might be injurious to, or might.
wound the feelings of certain individuals, about whom he (Sir Her-
bert) was interested, but that such publication, or the possession of
the documents, papers, and correspondence, would not lawfully
benefit any person whatever. He was seriously apprehensive,
from circumstances which came to his knowledge, that the
complainant was disposed to divulge and publish the same for
his own, not legitimate, but unlawful and improper profit, or
for some other unjustifiable motive, unless be could obtain some
. great pecuniary consideration for keeping back the same. Un-
der these circumstances he (Sir Herbert) was desirous of ob-
taining possession of the papers, in order that they might be
destroyed, or deposited in safe custody. He admits having en-
tered into a negotiation with the complainant to which Mr.
Charles Frederick Williams, who took an interest in the subject,
and, General Garth, were privy. That early in Nov. 1828, an in-
terview took place between him (Sir Herbert) and the CllOl-
- inant , after the commencement of such negociatkim—end
several interviews afterwards took place between him, Mr. Wil-
liams, and other permits, on behalf of the complainant and Gets.
Garth, relative to the terms upon which the object ought to be
obtained. At a meeting held at his (Sir Herbert's) house on
the 19th of November last, betweeu him,* Mr. Weans
and Mr. Williams, it was agreed that be tSir Herbert) :booth
procure the allowance of a sufficient unti to disiharge •
ne
moiety of the e.oorla nant's debts, then stated at ,25,000 or

thereabouts (over and above a debt of 4115,000 et thereabouts,
which had, in contemplation of the arrangement, been recently
paid, in order to 'prevent the complainant's being thrown into
prison); it being understood that a sufficient sum to dis-
charge the other moiety of the debts -should be allowed by
General Garth, so that the whole of the debts might be
discharged ; the total of the debts, hoirever, so to be dis-
charged, were not to exceed the above-mentioned sum. And
further, that an annuity of 41200, at least, should be secured to
the complainant, Sir Herbert promising to endeavour to
procure the annuity to be extended to. £1,500 ; it being also
understood that General Garth should endeavour to make an
equal provision for the complainant. On the other side,
it was agreed that the documents, papers, and correspond-
ence. and all (if any) copies and extracts of and from the same,
should be given up to Sir Herbert to be destroyed ; and
that the complainant and General Garth, and all (if any) persons
who through them, or either of them, had had access to the docu-
ments, papers, and correspondence, or had obtained any knowledge
thereof, or of any part thereof, should contract a solemn obligation
to maintain a strict silence respecting the same and the contents
thereof: And it was father agreed that the agreement should be
reduced into writing, and that a deed should be prepared for giving
effect to the pecuniary arrangement ; and it was proposed and un-
derstood that Lord Glengall should be the trustee for the complain-
ant, and Charles Molloy Westmacott, the person who entered into
the agreement as the agent of the complainant, should obtain a list
of the complainant's debts, and that the complainant should give
aU the assistance in his power to reduce the amount of such debts.
As a preliminary condition, the documents, papers, and correspon-
dence. were to be deposited, under lock and key, in the hands of
Sir John Dean Paul and Co. bankers, who were proposed foe that
purpose by Mr. Westmacott. On the 25d of November, leas, at
another meeting between Sir Herbert, Mr. Westmacott, and Mr.
Williams, the term' of the agreement were restated and renewed.
He (Sir Herbert) was anxious and eager to carry the agreement
into execution, but owing to the breaches of agreement on-the com-
plainant's part, the agreement ought cot to have been, and could
not, for any reasonable
.purpose, be carried into execution.. On
the meth of November, 1828, he (Sir Herbert.) by the appointment
of Mr. Westmacott, made at the meeting on the preceding day, went
to the house of Mr. Westmacott, in Adam.street, Adelphi. and there
found a box which Mr. Westmacott alleged to contain all the .do-
cements, papers, and correspondence, and also some letters upon
other subjects, which he (Sir Herbert) bad written to complainant,
and which he had never stipulated for, and were wholly unimportant;
but Sir Herbert says he is not aware whether the complainant took
the box with its contents to Mr. Westmacott's house, or how the
same got tbere. If be did take the box and its contents to Mr.
Westnneott's house, be did not do so in order to carry into effect
the terms of the agreement, because it was a material part of the
agreement, that all copies and extents of and from the papers and
correspondence should be delivered up, as well as the originals. He
has, however, been credibly informed, and has no doubt that the
complainant had caused attested copies to be made of the docu-
ments, papers, and correspondence, or some part thereof, and bad
placed the same in the hand of a third person, and that such copies
were not in the box. He further states that the complainant never
furnished a list of his debts ; and, instead of endeavouring to re-
duce the amount, he contracted large debts during the progress of
the agreement, after it had been entered into for the purpose, as
he (Sir H.) verily believes, of incledicg the same among the debts
to which the agreement related. He (Sir H.) was fully persuaded
that the complainant never intended to perform the agreement, but
to use the same as a means of obtaining money. Sir Herbert then
went on to state that on the 24th of November. 18211, when he
went to Mr. Westmacott's house to see the box sealed up, pre-
viously to its being deposited at the bank, he was informed by
Mr. Westmacott that complainant was in the house, and desired
to be present at the sealing and handing over the box. Sir
Herbert, however declined any personal discussion with Can-
t, and required that the proceeding should be confined to
waling and handing over the box. The complainant was then
introduced. and having opened the box, he exhibited the papers in
a mass, and pledged his honour that all the documents, papers, and
corresponence were then in the box, and that nothing had been
kept back. Mr. Westmacott, at the same time assuring Sir H. that
the fact was so, and with such last-mentioned assurance he was
satisfied. But he (Sir Herbert) believes, and has no doubt, that
the assertion of the complainant, that nothing had been kept back,
was untrue ; for that complainant had then caused copies of the
documents, papers, and correspondence or of some part thereof,
to be made, and that he kept the same back, although he does not
impute to Mr. W. that he then had any knowledge of such mat-
ters. None of the papers were taken out of the box, although the
complainant offered that their contenfs should be perused. but be
(Sir H.) felt satisfied with the examination which Mr. Westmacott
stated he had made of the contents. The box was then locked,
tied round with tape, and sealed with the tespective seals of Sir
Herbert and the complainant. and also with threat of Mr. West-
macott, the complainant retaining the key ; but no stipulation or
agreement was made in respect thereof, nor any reason given by
either party for the retention of the key. After the box had been
sealed, Sir Herbert wrote a memorandum, purporting that the box
was deposited with Sir John Paul and Co. to be delivered to him
(Sir Herbert) and Mr. Westmaeott, on their joint order; and this
memorandum was afterwards signed by him (Sir Herbert) and Mr.
Westmacott—Mr. Westmacott undertaking that the box should
be immediately delivered to the bankers, and their receipt in the
form above stated obtained. Sir Herbert declares most positively,
that no other receipt was to be taken from the bathers than the
one to Mr. Westneacott, when he delivered the box, and which Sir
Herbert says. Mr. Westmacott was to band over to him. The
object of depositing the box with the bankers was to place the con-
tents out of the contrail' and power of the complainant. Oa the
following day, Sir Herbert states he was informed by Mr. West-
macott that himself and complainant had delivered the box and its
contents at the banking-house of Sir John Dean Paul, and
that only one receipt was given to Mr. Westmacott for the
same, which receipt Mr. Westmacott banded to him (Sir Her.
bert), but against the wish of the complainant. Sir Herbert
then contradicts various assertions made in the complainant's
bill, denying that the complainant had furnished a list of his debts.
and asserting that he had opposed obitachis to Such lists being ob-
tained, and had endeavoured to swell the amount of his debts by
contracting new debts to a considerable amount, with the inten-
tion of getting them finally included in the debts to be discharged
under the agreement. The complainant could not expect that the
agreement would be fairly and dilly performed, be haying vio-
lated both its tenor and spirit ; and Sir Herbert submits, that un-
der the circumstances, he was not bound to perform the agree-
ment. He denies that the complainant had made various applies-
tknis to him, u mentioned in complainant's bill, which he re-
fused to comply with, bet on the contrary, states, that he in vain
urged the complainant to perform the agreement on his part. He
dudes having stipidated with the complainant to pay his debts,
bet =d only to provide the two sums of five thousand pounds
mid pounds for that purpose. and to secure to
impidissat the annuity of 41,200, or £1,500. and not 45,000,
es stated in the complainant's bill. Sir Herbert then states, that
in December last, Mr. Watmacott left London for Melton Mow-
bray, and had an interview with complainant; but he wholly dis-
bases. that Mr. W. made any such statement as the complainant
asserts in his bill; and if he did make any such statement, it was
wholly unauthorised. Mr. Weetntacott was commissioned by him
(Sir Herbert) only to say to complainant, that if he would give op
his expensive style of living, and his establishment at Melton
Mowbray, and retire front England for a short time, in
order to facilitate an arrangement with his creditors. which
could not be tf:ected so long as the complainant continued
to reside in this country, and in his then manner of living,
that then be would endeavour to procure 'she complainant a per-
manent provision of £1,500 per annum, besides the immediate
payment of melt sum as would make up a moiety of the sum of
£lO,OOO, regard being had to the advance of £3,000 • and on
the further understanding, that if the debts should exceed the last
mentioned amount, any further advance must produce a propor-
tionate reducdoa of the annuity. Mr. Westmacott was authocised
to offer, and did offer to she complainant to pay hits a part of the
annuity of 41,200 in advance. to meet the expenses of his journey ;
but Mr. Westmacott was not sent down to Melton for the pur-
pose mentioned to the bill. but was induced to go for the purpose
of persuading the complainant to break up his establishment at
Melton, to furnish an account of his debts. and to retire for a time
out of the reach of his creditors, while an arrangement should be
carried on with them. Sir Herbert then states that no sum bad
been paid to the complainant since the deposit of the box, because
before any instaletent of the annuity of £1,200 would have be.
come due, the complainant, by his bad faith, and violation of the
agreement on this parr, had lost all right to have the same per-
formed ; however, after the deposit had been made, steps were
taken towards a performance of the agreement, and debts to the
amount of £1,700 were paid. In emaciation, Sir Herbert states
that it is his intention to present the receipt at the house of Sir John
Paul, and demand the box and its contents, and prevent the com-
plainant from regaining possessiOn thereof, because he believes
the complainant bas no right to them, and intends to use
them only for improper purposes. They Are not of that great
or lawful value and importance which the complainant states
they are, nor will their loss be irreparable, or in any manner
injerions to him, because he has not Only procu.ed copies
*ague ta be taken and .delivered to certain person., but be
bas to many individuals divulged and spoken of their nature
and eAritents.: " And although," says Sus Herbert, ga 1 do not
knuw whether the statements of the complainant, as to the cow
tents of the box, are true, yin I believe that the same ans eoe
far to be relied on as to'discredit the statements contained is the
complainant's bill as to the vane sad importance of the men:
and under the eireirnt•tsree• therein set forth. I submit that
am uut bound to perform the 4reetuciit on my part, and that /