Star.
London, England, 1803-12-23 00:00:00

' perfc.nal, to Mr. Macnamara. In cot:il,l...mce of tl.e
brother's Lleatli, without in:, thefe two Ladies would
now be tenants in couitunn of all there elates, if
there deeds !manor heel. exe:titcd. Oil thefe grounds
the lartrntd -Counfei 110;ed the Plaintiff would be
entitled to the relief merest the played by this 1.101.
Here a great body of evidence was tend on the
part of the plaintiii, alter which Mr. HART delivered
a very able Ipeech on the fame fid.s.
The cafe of the plaintiff bring finifted, Mr. So-
tto-rim GtVERAL next deliv:tja a very eloquent
fpeech no the part of Mr. Macnamara, who, he
oble: ved, was called upon by this bill to explain
tranfadions, fame of which were fa far back as 3o
years. Some of them were accounts flitted and fettled
in 1783 and 1784, and which, from thnle peti .Js,
till the commencement of this (nit, had been doily
acquieiced in ; and Mr. Macnamara was air() c lied
upon by this Bill to do that-which was of much more
importance to him, to clear his character from the
imputation of grofs fraud and impnfition alledged to
have been pradifed by him on a family to which he
was Rated to be related, and all of whom, till the
filing of this Bill, had lived in habit; of the greateft
friendihip. It was a conliderable hardthip on this
Gentleman, after all this, to call for accounts, or to
impute fraud, after the time that has elapfcd in this
cafe, after the death of many of the perfons who
could bell explain Oleic tranfadinns between there
parties, after the death of Mr. Purcell and Mr. Bray,
whom his Lordfhip would find was not only employed
by this family, either to fettle or draw different Cecil-
rides that paired between them and Mr. Macnamara,
but was the Counfel and the profeflinnal friend of
this family ; and on their account, and at their in-
fiance and requell, infpetled the different accounts
between the Purcells and Mr. Macnamara; and on
the refult of which the fecurities were given. After
the death of Mr. Bray, of Francis Goodman, and
other perfons, after the delivery up of all the vouch-
ers which could afcertain and eftablith the demand;
under thefe circumßances it was eitremely difficult,
if not altogether impollible, for the defendant, by
diftintt and pofitive proof, to repel every charge, .to
remove every objection, and to anfwer every inju-
rious oblervation that had been made by the Learned
Connfel on the other fide. But notwithilanding thefe
allegations, he thought he Ihould be able to thew his
Lordthip, that there was no ground to impute fraud
to this Gentleman ; and, he trufled, he (hould be
able to flew the plaintiff was not entitled to the relief
' which the prayed by her bill. And his Lordthip
I could not come to a decifion that was inconfiftent
with the principles that governed the proceedings of
that Court, and by which the property and charac
ters of parties could be protected. 'This cafe had
been opened with very great perlpicuity, and with all
the advantage of eloquence and impreffive language.
But he could not help thinking topics had been en-
tered into in this caufe, which did not belong to it;
and principles entertained, which did not apply to
it. He thought there could be no difpute, but that
the money was paid. lie conceived the evidence of
Mifs Margaret Purcell, and that of another perfon.
was declare upon that point. lie was very Pure the
fad of the money being advanced by the defendant
,
could not be difputed, The plaintiff's Counfel had
controverted that fad, and had 'naffed that this mo-
ney was oat paid; that the plaintiff and her filler,
ought pot to have been parties ; that they ought not
to have pledged their inter& for a debt principally
contracted by their brother, John Purcell ; and that
Mr. Macnamara, the truftee. ought not to have per-,
mittei it to be done; and that he could not tranfad
bawds with them in that character. Mr. Solicitor-
Geoeralbere entered into thediferent deeds, and cow
mooted on them with great ability.
After the evidence on the part of Mr. Macnamara
was produced and read, Mr. Maitsvitxn fet his
great talents and raft learning to this cafe, and con.
tended. the great qoeftion in the caufe was, Whether
t#e Rarties to thefe deeds undeatood aim they did,
at the time of their execution ?

The argdments of Counfel being finifbed, and all
the Evidence read tin both fides, the cafe flood over
till this morning, when the Loan Cusses ttoa, in
a fpeech of three hours, delivered the Judgment of
the Court... His Lordfltip, after Rating with the
sreatelt peffpisuity the relation in which thefe par-
ties Rood to each other, entered into a molt minute
and particular confideratton of each of the deeds in
queltion, and taking them in the order in which
they were executed, dated, with his very gnat abili-
ty, the nature and effeet of each deed, and the inte-
rens of the parties, particularly of the Purcells, at
the time each deed was executed. nom the great
length of this judgment and from the great variety
of matter it contains, it is impotlible to give any thing
like a corral account of it but by Rating it at length;
and therefore we (hall not attempt it. The refult of
it was, that his Lordfhip, after the bell confideration
he could give this cafe, and he laid .se had given it
as much as he was capable of giving any catt, was
clearly of opinion that the deeds in question mull be
let elide, and that the accounts could not be consi-
dered as fettled accounts. Mr. Masotti tt in had laid,
in the argument, the great quellion in the calif: was,
whether the parties underllood the inarnments they
had executed 1 His Lorelfhip Paid, the convents of
thole initruments proved to his entire fatisfalhion the
parties did not underiland them, and he wanted no
other evidence of that. His Lordlhip obferved, that
the l'urcell family feemed to have been lit (if he
might ufe that expreffion) with an inclination to
make Mr. Macnamara an univerfal heir, as far as
they could, at the expence of all their nearett rela-
tions. He had once heard of an Attorney at Ply-
mouth, that had gone on board a !hip to no;:ke a
feaman's will, and that Attorney declared they kept
him a prifoner en hoard till every man in tlic ti1;1)
had ]eft him all his property. The
teemed to have had the fame fort of J-P,lfitir-n to-
wards Mr. Macnamara. His Loidthip laid, Mr.
Macnamara having once interfered in the affairs of
this family as an agent, trudge, advifcr, friend, or
call him what you will, it w,t, his duty to keep regu-
lar accounts of ;he tr.:cola:thins. in which he enga.
ged ;it was his bounden duty to do In. He fa:d,
if alter all lie was wrong, after having taken extreme
pains to avoid error, if he had failed in doing them
jultice, they might do themfelves juNice elkwltcre.
He laid lie Ihnatld (late the minutes of the ticcice
htm-
lelf and make is declaratid n cr,ntairdit.g the grounds
and ptinciplcs nn which lie had decided it.
His Lordfirip districted Mr NIACIIALIJAIA to ray the
colts of the lea/ it a.