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

20 Per Cent.

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THE MYSTERIOUS AFFAIR.

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WESTMACOTT'S ANSWRR ON AFFIDAVIT.
Concluded from the STAR of Yesterday.
Mr. %Yuen...corr, in his answer, admits that in the month of
N ivember last the complainant was in possesslen of tt.e documents
in the bill mentioned ; but he does not believe that he (complainant)
was rightfully entitled to the same, because he was informed by
the complainant that he bad surreptitiously obtained those docu-
ments. b taking them front the house of Gen. Garth, a a tie
when hey was confined to his bed by illness, and retained the poms-
session without the consent of the General. He believes it to be
true that the documents were of great value to the parties right-
fully entitled to them, but to such persons only ; and he believes
that some of the documents did relate to the station of the com-
plainant. Some time before Vie month of November last the com-
plaivant informed him (Westmacott) that he had threatened to
publish the documents, in the hope that the parties who were right-
fully entitled to them would give hint a sum of money to induce
halt not to carry thlt threat into practice, and to give up the do-
cuments ; but he does not helieve that the documents related in
any manner to the affairs of the complainant, or the claim which he
made upon certain persons named in the documents ; or to the
mode by which such claims could be enforced. He believed it is
true that the complainant was at th it time indebted to several per-
sons in various sums of money, amounting in the whole to a con.i-
derable sum. His (Westmacott's) acquaintance with the com-
plainant commenced in the month of August, 1828, when the
complainant called at his residence, and arterwards wrote a note to
him, requiring to have five minutes' conversation with him; in con-
sequence of which be (Westmacott) called on hint shortly after-
wards, when the complainant informed him that he was greatly em-
wereont of his ebts, for which some of his creditors
actually suing, and whicdh he had no means of discharging ' •
and also on account of a quarrel in which he was involved with
General Garth (whose natural son he raid he was)—and he also
informed bim of his being in possession of the document above-
mentioned, and of the means by which he bad obtained them ; his
threat of publishing the same was with the view abovementioned ;
and he solicited his (Westmacott's) assistance in arranging with his
creditors. and extricating him from his embarrassments; and he
made him acquainted with so much of the nature of the documents
as convinced him that to publish them would not only have been
illegal and unjustifiable, but would have inflicted great pain and
disquiet on various parties mentioned therein. And although he
was willing to render complainant assistance to relieve him
from his embarrassments, he determined not only to assist him,
but to do all in his power to prevent the threatened publication
from ever taking place; and he therefore represented to the
complainant the imptopriety and iniquity of the conduct he had
threatened, and wholly refused to take any steps in his affairs
unless he consented to forego his avowed intention; and after
some discussion the complainant agreed to follow his advice, and
gave hint full and absolute authority to act for him in all his af-
fairs, and engaged himself to ratify and be bound by any engage-
ment he might make in complainant's name and behalf, as well re-
specting his debts as respecting the documents, which he shortly
afterwards delivered into his (Westmacott's) custody. He, in con-
sequence, applied himself to the arrangement of the complainant's
affairs. and with his authority made a communication to Sir Her-
bert Taylor, who, he was informed by the complainant, was de-
sirous of having the documents destroyed, or placed in safe cus-
tody, so that neither the complainant or any person should have
access to them without his consent. And in consequence of such
communisation, Sir H. Taylor entered into a negotiation with him
on behalf of complainant ; and that Gen. Garth was a party to
such negociatios. by Mr. Charles Frederica Williams, who acted
as his confidential friend ; and several interviews took place be-
tween him (Westmacott,) as the agent of the complainant, and Sir
Herbert Taylor, relative to the deposit of the documents in safe
custody, the result of all which were communicated to the com-
plainant ; and frequently before they took place he discussed with
complainant the representations which should be made on i
con be-
half to Sir Herbert Taylor, and in which he always corred.
And a meeting baying been appointed to take place on the 19th of
November, for the settlement of the terms upon which the docu-
ments were to be wholly given up, he acquainted the complainant
thereof, and requested from him an explicit and written authority,
to conclude finally the proposed arrangement, whereupon the com-
plainant wrote to him the following note :—" Grosvenor-place,
Thursday night. My dear Westmacott-1 ant most happy to au-
thorise your meeting Sir erbert Talor to-morrow morning, and
trust to your seal and friendship every arrangement necessary to
bring this affair to an amicable conclusion. Truly yours, J.
Garth." The meeting was held at the house of Sir Herbert
Taylor ; and Sir H. Taylor and Mr. Williams being present, he
(Westmacott) stated to them, at the express desire of 'the de-
fendant, that his debts and engagements did not in the whole
'amount to £B,OOO, including the sum of .6'3,ooo—which, since the
negociation had been begun, and in consequence of the proposed de-
livery up of the documents, arid that the contents should be kept
secret and wholly suppressed--bad been paid for the purpose of re.
lieving complainant from the pursuit of some of his more urgent
creditors, vix..C2,000 by Mr. Williams, as the agent of Gen. Garth,
and. £lOOO by Sir H. Taylor. And he (Westmacott,) with the au-
thority and consent of the complainant, that on the payment by Sir
• H. Taylor of one-half of the remaining sum of £5OOO, and procuring
an annuity of £1,500 per annum, to be settled on the complainant
for his life ; and on the understanding that Gen. Garth would ad-
vance the other half of the said suns of £5,000, (the whole of which
was to be applied to the liquidation of the complainant's debts,)
and would endeavour to make a similar provision for him, by way of
annuity, for his life, that the whole of the documents should be
delivered up to Sir Herbert Taylor to be destroyed. A discussion
thereupon took place, and it was ultimately agreed, that upon Sir
Herbert Taylor's undertaking to procure the moiety of said sum of
£5,000, and to secure to the complainant for his life an annuity of
• £2,000, and promising at the same time to endeavour to procure
the said annuity to be extended to £1,500: and on the understand-
ing that General Garth would concur in the .gement, and
make a similar provision for the complainant, which Mr. Williams
expressed his belief the said General Garth would do, although he
had nosufikient authority to undertake for hi to that effect, the
documents, and every extract from them, if any such existed,
should be given up to Sir Herbert Taylor to be destroyed ; and
the complainant and General Garth, and every other person who
had by any means become acquainted with the contents thereof,
or of any part thereof, should pledge themselves. and should enter
into as solemn an obligation as could be devised to maintain a strict
silence respecting the same; and it was then further agreed, as a
preliminary condition, that until the proper instruments should be
prepared for carrying the above arrangement into full effect (one
of which was to be a deed, securing the payment of the annuity to
he procured by Sir H. Taylor to the Earl of Glengall, as a trustee
for the eomplainant,) the documents should he deposited under
lock and seal, in the hands of Sir J. D. Paul, R. Snow, and J. D.
Paul, the bankers of said Westmacott, in the name of Westmacott
and Sir Herbert Taylor. And he (Westmacott) at the same time
. promised to obtain from the complainant a correct list of his debts,
and undertook that he should exert himself, as far as was possible.
to reduce their several amounts below the sum at which be had
already stated them. And he denies that any such agreement as
set forth in the bill, or any other than the above-mentioned was at
complainant,e entered into • and which he immediately communicated
to who Wholly approved of and confirmed the same,
and very warmly expressed his thanks for his (Mr. Westmacott's)
exertions on his behalf, and his satisfaction at the success of the ne-
gotiation. And another meeting being appointed betweeu the same
parties for the 25d of November, he informed complainant thereof,
and on the morning of that day, received from him the following
note ;—" Dear Westmacott—l have sent the gig early. as I should
like to see you ere your interview ; for that purpose I shall be
happy to see you at breakfast at nine. Yours truly—J. Garth."
In consequence be breakfasted with the complainant that morning,
when he repeated his concurrence in all that had ben done at the
former meeting, and proposed that the box containing the docu-
ments should be given up on the following day. And after break-
fast he (Westmacott) went to the house of Sir H. Taylor, where he
had an interview with him and Mr. W. when he was informed
that the purport of the agreement entered into had been com-
municated to General Garth, who had in no respect objected to
the same, or any of the terms thereof ; and he communicated to
Sir Herbert Taylor and Mr. Williams the complainant's confirma-
tions of the agreement made on his behalf, and appointed the fol-
lowing day for delivering up the box containing the said docu-
ments to Sir Hetbert Taylor. in order to its being deposited with
saidlankers. And he (Westmacott) does not believe that the
complainant ever believed that such an agreement as in his bill is
mentioned would be or ought to be carried into effect; but the
complainant had good reason to believe that the agreement herein-
before meniioned should be carried into effect as it ought to be,
and as he believes it would have been, but for the violation by the
complainant of the principal stipulation in said agreement. The
complainant stated to him (W.) that the s.id be: contained mn
only all the said documents, papers, and correspoudence, and also
ail such copies of or extracts from the sante, or any of them, as
were then in existence, which statement he has since discovered to
have been *belly untrue. And up to the time of his making such
discovery: be had been, and ptofessed himself to he, the triend or
the mid•complainant ; but since lie made such a discovery he has
neither been, our professed himself, nor is he the friend of the
complainant. And he bad, fur more than two months before the
period of said interview, been actively engaged in endeavouring to
arrange the affairs of the complainant, a... 1 had expended several
sums of money on his behalf ; and had composed and written many
letters for hint, and had otherwise bestirred himself in the endea-
vour to extricate the comp:sit...tit Irvin his eutbartassments ; and