The Statesman.
London, England, 1823-04-10 00:00:00

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SURREY AS.SlZRE,e4saniorox, Aram 4.
---ento--.
ALLEGED CONSPIRACY.
TIC ZINO ON TER ritosectivwx OF eta THOMAS S.
ORAN !NEM O. EDWARD 114111tATII, ESQ. AND °VIERS,
MADERLY, JCN., WIANCELY SEN , AND BYE.
Mr. flarnewell opened the indictment io this case,
which charged the defendants with conspiring to defraud 1
the prosecutor of certain acceptances or bills of exchange'
to the amount of 50001.
Mr. Watford stated the circumstances under which tbo
prosecution bad been instituted, and which have, intact.
already appeared before the public on varions former oe.
cvion. It appeared from the learned Counsel's open*,
that in the wrath of June IR.O Sir T. S. Champneysl
was in the rules of the King's Bench. This .was pre-
vim to the death of his father, and of course anterior to 1
. his arriving at his present title. He was at that time,
much pressed for money—and lodged in the same house
with the defendant, Mr. M'Grath, who had been a pay
master, but who was also labouring under pecuniary '
difficulties. After some time the parties became ac-1
quainted, when Mr. WOrath proposed a more speedy re-1
medy of raising money than Sir Thomas was then puree-1
ing—namely, through the medium of Mr. Maberly, the
younger, whom he represented to be a wealthy coach-1
maker in Welbeck-street. The course suggested was
1
an exchange of acceptances, Mr. M'Grath representing'
that Mr.hiaberly's acceptances were as good as the Bank
of England. An exchange did accordingly take place
on two several occasions, in August and December, in
the same year, to the amount of 50001: Mr. hlaberly
giving his acceptances, and receiving in return the ac-1
ceptances of Sir T. Champneys, to bills drawn by Mr.'
M'Grath. Of Mr. Maberly's acceptances, under specific
agreement, Mr. M'Orath took one-half, or in lieu re-
ceived carriages, which he afterwards sold. Notwith-
standing the assurances of the credit of Mr. Maberly,
however, it turned out that Sir Thomas was unable to
procure a farthirg for his bills, and was ultimately de-
prived of all chance of reimbursement, by his.bankruptcy,
in the month of March following. Two of Sir Thomas's
acceptances, one for 2000/. and the other for 5001., sub-
sequently became due, on being in the hands of Mr.
hlaberly, sen. and the ether in the hands of Mr. Bye, to
whom they had been paid by Mr. Maherly, the younger.
These gentlemen sued upon them, and recovered judg-
ments ; and for their supposed participation in the &t-
-iered fraud, they were also included in the indietmen+.—
This was the short outline of the case, which Sir Tho-
mas Champneys wad himself called to prove. He detail.
ed all the minutiae of the transaction, and from his state-
• meet it would seam that he had been most dishonourably
duped.—in cross-examination by Mr. Gurney, who ape
Peered for Mr. IWO., he admitted that he had preferred a
• billet' indictment of the same sort against Mr. WU. and
• Mr. Maherly, jun. at the last Summer Assizes, on which
occasion he had solmcenaed Mr. [Flaherty, sen. and Mr.
Bye, as his witnesses. That indictment had been quash-
ed from an erroneous description of liiiii.self ; and he now
included the last mentioned gentleman from an umbers
• standing that they had participated in the fraud.
The agreements entered into between the parties, end
some of the hills were then put in, together with other
, rkirmentary evidence, to prove the dates of the trams
-Vettittak
.cs bin, Thomas Chainneys also underwent a long cross,
examination, by Mr. Comyn and Mr. Holland, on the
part of Air. Miserly the elder, and Mr. Bye. Mr. Ma-
berkie, theyounger did not appear, either io person or by
Uonneel.
' "The case for the prosecution being closed—
Mr. CORNET addressed the Jury at great length. He
nrkeirthe utter improbability of Sir Thomas Champneys,
who bad been dealing in bill transactions all hislife, be-
, comtpg the dupe ny scheme of fraud, however plausible.
lie then stated, that in point of fact, Mr. Maberly the
younger, at the time when the interchange of bills took
. place, was in every point of view a tradesman of the highest
,repeetability, and in a very extensive way of business, in
proof of whieli it was only necessary to state, that on his
Bankruptcy his stock and premises sold for not less than
.-Io,oooi. Mr
WOrath, too, was a gentleman, although la-
. bottling under temporary dielculties, of considerable expec-
.tailons through his wife, and, therefore, not very likely to
lend himself to an act of fraud, which must not alone expose
him to certain loss, but to great degradation. Whatever co-
lour Sir Thomas Champneys might now think proper to give
to the mutual accommodation which was sought by himself
and Mr. Mll.,it was clear,that long subsequent to the hank-
reptey of Mr. Mxey, he continued to entertain for Mr.
M'Grath the highest respect—in proof of which he would
refer to his own letters. The learned Counsel then read ex-
. tracts from a variety of letters addressed to Mr. M'Grath,
and dated .after March, 1821, in which the prosecutor ex-
pressed himself towards that gentleman in terms of cordial
friendship. Under such circumstances he felt that, if he
were to leave the case here, he might confidently tram the
result to the good sense of the Jury, who, he was sure, in
inch a view of the facts, would not return a verdict which
must entail the most penal consequences on an honourable
man :—but he would go further —and would prove, by re-
spectable testimony, that Sir Thomas Champneys, upon
whose evidence this case solely rested, was himself alto -
gether unworthy of credit upon his oath ; and having done so,
he should sit down satisfied that the verdict would be " Not
Guilty."
Mr. Corny* was then about to address the Jury on
'behalf of Mr. Bye, but the Lord Chief Baron interposed,
and said there was not the slightest pretence for including
either Mr. Bye, or Mr. Maher's, the elder, in this indict-
ment. There bad not been a tittle of evidence adduced
which, in the remotest degree, affected the integrity of
their character.
Under the direction of his Lordship, a verdict of ac-
quittal was then taken as to these two gentlemen, who
were immediately warmly congratulated by their friends.
The letters of Sir Thomas Champneys to Mr. *Grath,
alluded to by Mr. Gurney, were then put in and read.
Mr. Bye, the defendant who had been just acquitted,
was then called.—He stated that he was a tyroomitb, and
was a creditor under the estate of Mr. Mutely the
ranger, who had carried on business as a coach-maker
an a most extensive way, in Welbeck-street. He always
thought him an honourable man, and entrusted him to
Site very slay when the commission ras issued. His
stock and premises sold fur 10,0001.
Mr.Crovrtlier, a currier, also a creditor of Mr. Maberly,
the younger, gave testimony to the same effect. He
g.ve him credit till two days before the docket was.
struck. The estate would produce about ten shillings is
toe
Mpound.
r. Finmore an attorney residing in Craven-st
had,known Sir, Thomas Chatoneys for many yest•street, ite
was concerned for him professionally ; he would not be-
lieve him on his oath. He had known bim swear falsely
in that Court.—Mr. Noah Edw. Lewis, residing in Melts
Rs-place, Lambeth-road, had knewosSir Thomas Champ-
beys for three years, and from what he knew of Mar
*mild riot believe him. • •
Mr. Penn, residing in the Rules of the King's Bench.
hal) known Sir Thomas Champneys for some years; and,
certainly, from what he knew of him, lie would not 11.-1
lieee him on his oath. 11, did not feel that he was
led
-
lied inlaying that his testimony
was to be doubted when
sworn la a Court of Justice.
le crofts-examination, witness admitted that lie bad
warned Sir Thomas Charlatanry* against, having any pe.
, 'eligible transautions with Mr. Slttirath. He never said
Mr. ‘Grash was nut to be trusted. This was about the
tiny thosebills sere concocteJ.
In re-examination, he said he had known Mr. Mac.
/path both hereaad at Brussele. He wasa man of most
grlentaisty, manners, and, for any thing he knew
to coatrary, both hormaiable and respectable in
characier. •
Ail was the case for the defence.
Mr: Watford Laying made an able and animated reply,

The Chief Baron wassined ap with impartiality, and
his accustomed perspicaity:'
The Jury immediately fodnd the remainidg defend-
ants Mr. M'Grath and Mr. Maberly, the youager,-Not
ti nifty.

WARWICK ASSIZES, APRIL 1.
HOLIIRS V. READING.
Mr. Sergeant VAUGHAN stated, that this was an action
brought by the plaintiff. to recover damages for the loss
of service sustained by him by the seduction of his
daughter. The plaintiff was a gentleman residing in
Portsea, Hampshire. He was living on his property, had
a large family, several of whom were respectable settled.
One of his daughters was comfortably married in Kenil-
worth to aM r. Johnson. In February, 1821, her sister,
Miss Jane Holmes, came upon a visit to her. She was
about 17 years of age, well educated,nnd prepossessing.
Her conduct was marked with the greatest psapriety.
She was, moreover, carefully looked after by her sister.
This young lady having received some instructions in
music, was desirous of improving herself in the art.
Understanding that a• bliss Reading, a young lady in the
neighbourhood, who turned out to be the sister of the de-
fendant, was in possession of a barpstchord, an acquaint-
ance was soon brought ebout, which ultimately led to
mutual visits. In this manner, Miss Holmes became intl-1
.mate with tbe defendant. This gentleman was the soul
of a wealthy man who had followed the business of al
cooper in that neighbourhood. It was observed on the
part of Miss Holmes's friends, that the attentions of this
gentleman were very marked. On one occasion, it hap-
pened that, as they were retorniog from church, the de-
fendant took away Miss Holmes's Prayer-book. and
gave her his own, pointing out to her especial notice the
matrimonial service. Mrs. Johnson asked him for an
explanation. He acknowledged his attachuient, and
avowed the most honourable intentions. She fully laid
open the state of the young woman's family. The father
was communicated with, and he gave las assent. In
short, the defendant was received in the family as the
person that was to become the husband of Miss Holmes.
From this time forward the attachment continued to im-
prove, and on the 19th of August the scene to ,k place,
which gave rise to this proceeding. On the evening of
the 19th of August, the family being gone to church,
and the young lady being left at home, the defendant
contrived to get into the private &pertinent of Miss
Holmes, and there took place the, loss of her honour.
He gained his triumph. She was henceforth an object
of coolness and neglect, and of no value to him ;
" He flung her like a worthless weed away."
Would that the gentler sex %entail take warning from
such examples—would that they could be made sensible
by those instances of the degradation they are retinced
Is by surrendering, even in the eyes of those to whom
they make themselves victims. The young lady, how-
ever, urged
Sher to the only re
station paration in ,
site—
mairiage. presents her sa tells him
that that consequence was likely to follow which must be
the result of what happened„—What does he do?—re-
commends bitter apple. She spurned the base proposal.
Subseqeently he turned round and offered to marry Miss
H. provided her parents would give bee a fortune of SOW,,
which they were not able to give. Miss Holmes gave
birth to a child on the 16th of May, k 2!. These were
the circumstances,-and be did not think he could state
a more aggravated case. The conduct of her friends
would he shown to be most circumspect. She herself
was of a spotless character. The only improvident act
she had ever committed was to give her affections to one
so utterly unworthy of them.
The following witnesses were called :
Miss Jane Sarah Holmes was then called, and examined
by Mr. Rea nea.—l shalt be nineteen years of :te. next
May. My father lives.a‘Portses, is now retired'. and is
living on his property. My father is-out of his mind. I
am living with my mother. -.I have a sister living in
Kenilworth ; she is married to Mr. Johnson. I was on
a visit to my sister in 1621. It was opposite to Mr.
Reading's. I learned music at home, and being anxious
to practise, I was induced to use a harpsichord of Miss
Reading's. I became acquainted with Mr. Daniel Read-
ing ; be visited me at my enter's • his attentions became
very particular. 1 came in one day when Mr. Reading
was speaking to my sister. She asked him if his inten-
tions were honourable. He assured her they were. He
asked about money. She said he could not expect any
thing until my father's death. He said he did not mind
having it at the ti.ue of marriage. One Sunday after
church I called on Miss Reading.; be took up my Bible
and Prayer-book, and put them in his pocket. 1 asked
for them, he said they were safe. He brought them home
in the evening. He showed her his Prayer-book, and
pointed out the matrimonial service.
Mr. DaNMAN objected to this line of evidence. A pro-
mise of marriage was no excuse for sedaction.
Mr. Justice PARK.—The evidence is admissible, not
for the purpose of showing that a pro mise of marriage
bad taken place, but to set forth the character of the
young woman.
The examination proceeded.-1 by his desire visited
his father and mother with my sister. I remember going
on a visit to Mrs. A., about seven miles off. Mr. It. came
with me part of the way • he visited me there next day.
I went to Mrs. G. at a ;bort distance; lie came to nie
there. This was in June. The intimacy continued. I
was on a visit at his father's, about six miles from Kenil-
worth. He was at this time paying his addresses to me.
The witness then stated that on the evening of the 19th
of August, the family being gone to church, she and Mr
Reading went up to the dining-room ; she dressed her
sister's child, and sent the children out to walk. Mr.
R. during this time went up to her apartment. Sheathl
not know any thing about it. He was laying on the
bed, pretending to be asleep. She went to awake
him, thinking he was asleep. Witness described what
followed. He then left her. She dill not see him fur a
fortnight. Ile came to Kenilivortb, but did not call on
her. She met him after the lapse of a fortnielit in the
street, and asked him why he did not call ? Ile said he
had been busy. She asked hint to fulfil his promise, lie
said his father would not consent. She said she would
tell her sister; he desired her not, and said he would ask
his father's consent again. She went shortly after t.•
Banbury, and wrote to him. In this letter she told hint
she was in a satiation that compelled her to wish for as
speedy a marriage as possible. (!'he answer of Mr. R.
was handed to the witness, and proved by her to be his
band-writing.) It contained a refusal to marry her:
She soon returned to Kenilworth. She wrote,to him to
call. She told him again about her situation ; he said
be hoped it was nothing of the kind, hut if it was, he
wished her to take some bitter apple. He pressed her to
take it. He asked her could she not find it in her bro.
titer's shop ; she said she never heard of it. In a day or
two she sent for him again. He said lie was coining to
Warwick, and would -;:,et it. She said she would not
take it, if he did. She saw him again next d iv. She
ask-il him to let her see it. He would not, unless she
faithfully promised to take it. H. would no. let her see
it, but wished her to take it, in order to avoid disgrace
on him and her She said, in order to save disgrace
his only way was to marry her. About a week after she
saw him, she said, 4' what ant Ito do, all my friends will ,
abandon me." Ile said he hoped they would not. She
was delivered of a child 16th May, 1822.
Cros -examined by air. Desrstax.—She left her father
in February. 1821. She was to go back. She was not
to remain with her sister fur any specified time. The de-
fendant attempted to be familiir with her twice after the
19th of August, but she would not. Mr K. came to
her door to call her one morning at Mrs. Oreenway's.
She has sent notes to Mr. It. Denied all improper uc-
qnaintance with a man of the name of Poe ell, a black-
smith. 51,e did not tell • Mrs. Johnson of what :OA