Page:The English Reports v1 1900.pdf/1488

Westminster aforesaid, in the said county of Middlesex, in and by his affidavit aforesaid, upon his oath aforesaid, before the said court, (the said court then and there having a lawful and competent authority to administer the said oath to the said Christopher Atkinson, and to receive his said affidavit,) did falsely, corruptly, knowingly, wilfully, and maliciously, depose and swear (among other things) as follows; that is to say, that he (meaning the said Christopher Atkinson) hath for several years last past (meaning before the making of the aforesaid affidavit) followed the business or employment of a cornfactor, and in that capacity bath served the commissioners for victualling his majesty's navy, from the year one thousand seven hundred and seventy-eight to this time, (meaning the time of making the aforesaid affidavit,) with wheat and other grain, and with malt from one thousand seven hundred and seventy-nine; and that, in a printed paper, called The General Advertiser and Morning Intelligence, of Wednesday the thirty-first day of January, one thousand seven hundred and eighty-one, and hereunto (meaning to the aforesaid affidavit) annexed, marked B. appeared, and which this deponent (meaning this said Christopher Atkinson) hath perused, a letter or paragraph, addressed, 'My Lord,' and subscribed William Bennett—Camberwell, January 25th, 1781.' And this deponent (meaning the said Christopher Atkinson) saith, that the [519] said letter or paragraph so addressed and subscribed, and inserted in the said paper hereunto (meaning the aforesaid affidavit) annexed, as this deponent (meaning the said Christopher Atkinson) believes, doth refer to this deponent, (meaning the said Christopher Atkinson,) and was intended to defame him (meaning the said Christopher Atkinson) in his (meaning the said Christopher Atkinson's) character and reputation of a cornfactor; and that by the name of Mr. Christopher Atkinson, mentioned in the said letter or paragraph, this deponent (meaning the said Christopher Atkinson) is meant; and that the said William Bennett, by the publication of the said letter or paragraph as aforesaid, did intend to represent him this deponent (meaning the said Christopher Atkinson) to the public, as having defrauded the commissioners for victualling his majesty's navy in the way of his (meaning the said Christopher Atkinson's) business, as their (meaning the said commissioners) cornfactor, and to induce the public to believe, that when the very finest ship malt was selling at twenty-nine shillings to thirty shillings, and the additional charges of discount, (meaning discount,) commission for purchasing, lighterage, etc. amounting to four shillings and three-pence per quarter, and making together thirty-four shillings and three-pence per quarter, he this deponent (meaning the said Christopher Atkinson), as cornfactor for the said commissioners, purchased malt at that price, and charged to the said commissioners, for a great quantity of such malt so by him purchased for the said commissioners, thirty-seven shillings and three-pence per quarter, and for some thousand quarters, thirty-six shillings and sixpence; and that many of the malts delivered to, or to the order of, the said commissioners, at that price and time, were by him this deponent (meaning the said Christopher Atkinson) bought at twenty-seven shillings per quarter, and some under; and by such publication this deponent (meaning the said Christopher Atkinson) apprehends and believes the said William Bennett's intention was to represent, and to have it believed by the public, that he this deponent (meaning the said Christopher Atkinson) defrauded the said commissioners in the difference of the price which the said William Bennett, in the said letter or paragraph, pretends such malt was purchased at, and the price he this deponent, (meaning the said Christopher Atkinson,) as the said William Bennett in the said letter or paragraph pretends, charged the said commissioners with. And this deponent (meaning the said Christopher Atkinson) saith, that in the transactions he (meaning the said Christopher Atkinson) hath had with the said commissioners as their (meaning the said commissioners) cornfactor, he (meaning the said Christopher Atkinson) hath charged them (meaning the said commissioners) the usual commission of sixpence a quarter, and no more, for all malt and grain supplied by him, (meaning the said Christopher Atkinson;) and that he (meaning the said Christopher Atkinson) never did, at any time during his (meaning the said [520] Christopher Atkinson's) transactions with the said commissioners, charge more than the usual commission of sixpence per quarter beyond the price he (meaning the said Christopher Atkinson) actually paid for any malt or grain purchased by him (meaning the said Christopher Atkinson) for the said commissioners as their (meaning the said commissioners) cornfactor; as by the said affidavit of the said