The Statesman.
London, England, 1822-06-07 00:00:00

WE STATMM,

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early is life to,Loadou, to obtain a livelihood by his es-1
ertiOns, rod mitered into the office of a Me. Pullin. a m.
licitor, where be remained two years. At the illutor
this period be left this situation ; and uttered the eau/
where he served on board the Quern Charlotte. for its
years, and was present at the bombardment of Algiers:
When his ship was paid off, he returnedso the legal pro
(onion, and went into the employment of Mr. Lieremb
Price, where lie bad conducted himself with great is-
dustry. regularity and honour. lie became atiqualstsff
with a benefit society, called " The United Priem,/
Society;" became one of its members; and regale/V I
paid his subscriptions. In consequence of an ateidele.
he wes prevented from 'Molding his duty, and milers
claim to which be had a right. on the society's
These, however, were withheld, and he summoned
two defendants Kemp and Cotton, the officers of the SIM
ciety, before the Magistrates at Worship.sireet, by whom
the complaint was heard.' They then alleged that he
had deceived the Society by misrepresenting his age, by
stating that be was 23 when he was only eo, it being a
Imolt that no person under the age of 23 should be ad-
mitted a member. lie then, on his oath, stated that he
billued be was 23—not that he positively was so—for
the misforitior of his birth might render his age in some
degree uncertain. The Magistrates, however. after
homier the whole matter, made an order for the pay.
/Seat of the arrears, and for his restoration to the list of
iesiehers. This decision gave occasioo to the libel,
which was in the form of a circular addressed to the
members, signed by Kemp and Cotton. and printed by
Pigott, imputing perjury to Mr. Wskelin, in his reply to
theqmstioa respecting his age, and charging him with
" as impious. unprincipled, and disgraceful impositios.".
Rerchis imputation there woo no pretence; for !di.
giskelio had never spoken positively to his age; and;
if lie had he would probably have spoken truly, for he
OM entered in the navy books es 15 years old whets he
began to s-rte eight years before, and his appearance
then corresponded with the statement which be made.
Tie Jury knew the value of character—to men engaged
in trade it was most valuable—in the profession of the
law it was absolutely essential—and they would, thins
fore, he able to fairly estimate the compensation to whit&
the plaintiff was entitled for so atrocious a libel. which
the defendants had not dared to justify.
The articles of the society. the situations beide. by
Cotton and Kemp. u clerk and steward; aid the.ah
mission of the defendant as a member in Septet's
1819, Were proved. it appeared by the book. that he
obtained admission as " a mescliant's clerk." The
manuscript from which the libel was printed wee
proved 4 be in the keedwritiag of Conan; and after
some .difficulty, a sufficient presumption was raised.
of the concurrence of Kemp in thelsiblinatios. to seed
the question of fact to the jury. ,
Mr. Liscomb Price deposed. that 019 Ofalaillf had
been nearly three pan ist ,his service.
IV*, wits p*
saetat the discosalos ,bePre the magistratis, as 4 cos
membered that Weltaiie only swore to the best, 7 •
belief that be waa,4s. The plaintiff had mime '
oms
simian), is a coach to his office during his Mime* .
- - which bolo
to pircsr,
had stated,
• satiety's
..,..

preferred at
sessions for the unto libel. The plaiatiff was nos
present articled, bat be would be it Le came out of
this cause with honour.
On his cross-examinatioa by Mr: GURNEY, who ap-i
peered fur Pigott, Mr. Price admitted that Pigott
gave evidence on the trial of the indictment oa as,
understanding that he should not himself be prosecuted
criminally, but not that he should be releases, from
the action. Upon this.
Mr. SOLICITOR-OENIRAL said that, at Mr. Pigott
might have given evidence under some mist*, he
would consent that the jury should find a valet lei
him at once, which was accordingly taken.
Mr. SCARLETT addressed She jury for the other de-
fendants. They would not fail to observe that the
plaintiff bad originally introduced himself inks the
society by a fraud, calling himself a merchant's clerk.
when he usqurstionably was in an attorney's oast.
This he did, because there was a role of the society.
that no lawyer should be admitted a member--a pro-
vision now shown to be most wise. for the p
Odom admission of this attorney's clerk basaght ea
them no less evils than a summons, an iodic:Miele, and
an action!
The LORD Cuter limning inquired whether there
was not a late act. by which in was empowered to cer-
tify in an action for a libel. so as to prevent trifiirg
damages from carrying costs; but received ao sneerer
in the negative. He then observed that be might cer
tif r under the statute of Elizabeth.
Mr. Sc %SUITT proceeded to argue, that be should
be entitled to a verdict, because all the counts in the
declaration set for b that the plaintiff was a member
of the society, wh his false representation mode
his admission void.
The LORD Cuter JDITICI thought otherwise, and
that he continued a member de facto until his eget*.
sion. . _

the ant. coateaded,
, 4,4 4
,4
sod sot that .elsey were 01111-
butt the reams, for ihey
• the defendant was still
law then'on which alone
possibil the plaintiffs' claim being
well founded, nothing had appeared either in proof
or In 'Moment to slsew, that at the time of assigning
these deeds the Unkempt believed himself to be in-
volves*. Indeed le bad stood to one of the plaintiffs'
witnesses that his clreamstancee were embarrass-
ed, bat that he had enough of property to pay all his
debts. It was clear trim all those fasts that the
whole was a good and bona fide transaction.
Lord Chief Justice DALLAS charged the Jury, sad
left-It to them to my, whether the deed of assignment
'was exesutod in contemplation of bankruptcy, in or-
the to give an unfair preference to one creditor in pre-
jadim of the rest. If they thought so, then be was
boned to mate it was fraudulent and void, and being
so would afect the right of the, person who held under
it, and their verdict must then be given for the plain-
tiffs. If they did not believe it to have been executed
with that intention, they would find a verdict for the
defendant.
The Jury consulted for about ten minutes, and then
returned a verdict for the defendant.

give explattationit,spectieg liminess in which eli, had. owe in fdeater.as tire,
bees formerly emptied, hat he was enable to assigned in question
his duties. and.raaaimstl so wilily. Pigott stated, to give bio; an safely prefers
that be printed /AO copies of the libel. hiib! Pew' etfli creditors. The father bad Di
order. Ultra
..K.astp came 'to pay Wahine, the mo. deed, to she defeadaat for
toy, la permutes of the order of the magistrates. be wigsh, thnirosa-csamiaatia
rubmitiod that she .1141 was, kciblished with his sand- drs willow% graweassii tiP
-Us 4tia ife-Pai, ilittjaant Para, istS-Ae_
appeared for Kamp and Cotton. the witness said tit that the plaiatiffs bad prayed
the plaintiff cams to his office from that of Messrs. tied to claim the property, be
Pollard sad Oats, with whom its bad served a your. had shown that in all justice
As indictment had been preferred at Cleritenwell entitled to retain it. As tilts
minions for the unto libel. The plaintiff was not at there timid be a possibility of
. .