282 



ANNUAL REGISTER, J813. 



ther. The learned counsel here 

 read plaintiff's letter to Mr. Espi- 

 nasse, and commented upon it. 

 This cause, he stated, had been 

 brought for the purpose of extor- 

 tion ; it had been already put off" 

 on account of the absence of Dr. 

 Coneybear and the parish clerk : 

 the latter was not called, and the 

 evidence of the former was unim- 

 portant. He had no doubt, but 

 the result of this cause would be 

 such as to restore his peace of 

 mind to his right honourable 

 client, which this cause had some- 

 what disturbed. 



J. Powell proved the delivery 

 of the notice from the proctor to 

 plaintiff. 



Sir J. NichoU swore, that the 

 proceedings before the inferior 

 judge were sent up : that on them 

 the superior judge decides. The 

 cause had been fully heard by ad- 

 vocates on both sides ; and the 

 questions that were the subject of 

 the appeal he understood to be, 

 whether the party had been duly 

 before the court, and whether he 

 was liable to be appointed guardian 

 pendente lite. At that time he 

 gave his reasons at length for af- 

 firming the judgment of the court 

 below, and still remained of the 

 same opinion. 



Mr. Espinnsse stated, that he 

 called on the plaintiff in prison, 

 who represented to him his miser- 

 able situation, which he said was 

 the consequence of the excommu- 

 nication : he spoke ;tf bringing an 

 action ; but Mr, Espinasse said, 

 that he should first give sir W. 

 Scott notice ; and plaintiff having 

 approved, Mr. Espinasse called on 

 sir W. Scott, and told him the 

 condition of plaintiffin consequence 

 ftf the exconuuunication, and re- 



presented him as a fit object of 

 pity. Sir W. Scott expressed his 

 surprise that it could have been in 2 

 consequence of the sentence he 1 

 had pronounced, which he said was | 

 right according to the practice of 

 the court; however, through mo- 

 tives of pity, he desired Mr. Espi- 

 nasse to communicate with plaintiff^ 

 and he would adopt whatever they 

 arranged. He wrote to plaintiff', 

 who in answer told him, that he 

 thought he could compound with .1 

 the creditor who had him in prison ' 

 for 100/. Mr. Espinasse procured 

 him 150/. from sir W. Scott, who 

 hoped it would put an end to all 

 applications on the part of plaintiff". 

 He also said, that if plaintiff" would 

 look out for any small place about 

 the Custom-house, or Somerset- 

 house, he would use his influence 

 to procure it. Mr. Espinasse went 

 to plaintiff' in prison, who received 

 the 150/. as an ample compensa- 

 tion. Plaintifti at the suggestion 

 of Mr. Espinasse, copied a letter of 

 acknowledgment which had been 

 written by Mr. Espinasse to sir W. 

 Scott (the letter was put in). Some 

 time after, plaintiff" said that sir W. 

 Scott ought to give him a place. 

 Mr. Espinasse said, plaintiff ought 

 to look out for a place, and then 

 ask sir VV. Scott for his interest. 

 Plaintiff mentioned the situation of 

 marshal of the admiralty : Mr. Es- 

 pinasse scouted the idea : he at last 

 said he know of a place which 

 could be procured for 2,000/. and 

 that he expected sir W. Scott 

 would buy it for him. Mr. Espi- 

 nasse burned with indignation, and 

 ceased to have any communica- 

 tion with him. He never asked 

 sir W. Scott to make plaintiff" a 

 commissioner of bankrupts : he 

 never promised any such place. 



