Star. — London, England, 1825-07-09 00:00:00

•+ . r `. . LOADON MECHANICS'• II4ISTIfUTIu,v. . . Although the general business of the Mechanics' In stitution has been for some time transacted at the house „taken for the purpose, in Southampton-buildings, yet the Lectures continued to be delivered at the Chapel in Monkwell-street, until a new Theatre was constructed for the purpose. This object has been attained, and it was last night opened, with an inaugural Lecture by the President of the Institution, Dr. Birkbeck. The Theatre has been erected on a piece of ground behind the premises of the Society. It is admirably adapted for the purpose for which it is intended, and will accommodate upwards of twelve hundred persons. Every seat commands a good view of the platform, and the voice of the Lecturer may be heard distinctly in all parts 4.f the Theatre, which is plain, but neat. The building was completely crammed at half-past eight o'clock, at which time Dr. BIRICRECK made his appearance, accompanied by his Royal Highness the Duke of Sussex, the Marquis of LANSDOWN, Mr. BROUGH A Nt, Sir It. WILSON, Bte. who were received with ferveot applause. Shortly aftera ards Alderman %Voen and Mr. Hume, M.P. came in, and were received with aeplaiiss. Dr. litneerce then entered the lecturing chair, avid delivered a_ciscourse, of which the object was to con vince his hearers of the great advantages which would result to them from pursuing intellectual emplinients. la the course of his address he eulogized those public men who have stood forward in support of the Me chanics Institution, justly signalizing Sir Francis Burdett and Mr. Brougham, to► the mighty calen•s and unwearied indusiry of the latter of whom I,e allUded in terms which excited great approbation. The lecture being concluded, Mr. BROUGHAM proceeded to address the assembly. He commenced by declaring that the mechanics owed their gratitude in an especial degree to Dr. Birkbeck, the founder of the institution, who, in adsiition to ail the former benefits which he had conferred upon them, had out of his ossn means afforded the funds for rear ing the commodious building in which they were assembled—(Applause) —Of Di. Bti kbeck it was only necessary to say what was said of another great man, in a former century, Sir Christopher W►en—" If you seek . for his monument, look around you, and you will find it"—(Cheers).—The gratitude of the Society was particularly due to the President, because he had founded and carried into'effect the great plan in Lon don, u'oh the assistance and co-operation of the Editors of the Mechanics' Magazine, wbo,:t.tking the hint from what he bad already done in Scotland, eagerly recom mended the fortnation of • a Mechanics Inttitution in the M 4 tropolis. It must be most gratifying to their learned lecturer to find that similar institutions were spreading all over the country; that they were established, ea- in the course of being established. in all the great and middling towns, and even in villagts The desire fur scientific knowledge was prevalent to an extraordinary degree amongst the power classes. Per haps lie could not give a stronger proof of this fact 'than by stating, that of the little tract si hich he lately put fOrth•To - fe4osniheridthe advantages of scientific instruction, not less thati SOO copies had been sold in a village on the borders of Scotland, which lie knew contained 'only 600 inhabitants —men, women, and children. Since the publication of th:s little tract hardly a day passed without his receiving several com munications of the Shoat gratifYing nature from diffe rent parts of The country, 'relating to the establishment of Mechaeics Societies. He calculated about two months ago, that from the Ist of January, up to that time, there had been established SI institutions of that nature in various mans. Within these few days, a correspondent had ink:lane-I him of the establishment of Mechanics' Institutions at Liverpool and Manchester, and also at—he would not say an idle place, but a place not remarkable for its commerce or its industry —he meant the City of Bath —(A laugh)—which used to be the yes( rt of invalids, and the resting-place of loungers—( Laughter) The Mechanics Institutions were not without their enemies. It. was said by some persons, that to give the working classes too much scientific knowledge would cause them to tread en the heels of their superiors in society. The so: tof treading which these persons feared, he for his part wished very much to see. Upon their heels the superiors some times wore spurs, which were of no great use to the community ; lie would have the mechanics' toe orna mented with a spur, by means of which they might stimulate their superiors —(A laugh awl cheers). In his little tract he had ventured to inform those who called themselves the mechanics superiors, that to deserve the title of their betters, they must educate themselves better. The higher classes had no excuse for not cul tivating their niinds. They were not, like those whom he was addressing. obliged to steal an hour from bodily labour, or like himself, to escape for a short period from occupation almost as unremitting, for that purpose. They were not, like them (the mechanics), obliged to make a pleasure of business—they made a business of pleasure. If these persons would only attempt to instrnct their minds, they would find all the pleasure which they had previously derived from brute sense and appetite were as nothing compared with moral and intellectual enjoyment—(Great applause). Mr. Colquhoun had observed, that if the labouring classes received a scientific education, Government could not exist—there would be an end of it. He would answer that by saying, that if there was a Government which could not exist if its subjects were ab ive the level of brutes, the sooner it. ceased to exist the better—(Ap plause). He was net speaking seditiously, for so far from sense being inimical to our Government, the more metal and enlightened the people were, the safer would the Government be. He thought lie might be allowed to state a fact which had been mentioned to him, as proving the beneficial effects which Mechanics' Institutions produced upon the habit of the people. It had b.en ascertained by an investigation which had recently taken place, that no member of the Mechanics Institution at Manchester had taken any part in the disturbances which had lately prevailed in that town. He had to apologize for having so long trespassed on their time—(Applause). The occasion and the place were somewhat inspiring, and had led him unwittingly to enter on his learned friend's province, by deviating into the giving of a lecture. It was the last opportunity he should ever have of delivering who could be called a lecture. The Learned Gentleman concluded amidst great applause. The Duke of S-. ped forward, and was COMMARCIAL REGULATIONS -AT • HACIIBURGII. • The new Laws of England, giving facilities to trade, appear, by the' following article from Hamburgh, to have a corresponding effect on the Continent : " A new law for the better regulation of brokerage on goods has been lately published by our Government, and put in force, It is thereby prohibited, by penalty, to the merchant as well as to the broker, either to al low or to take a higher rate of brokerage than that sti pulated in the Tariff annexed to the said law. By these means our trade will be freed of overcharges in this re gard; and in order to acquaint foreign merchants, who are. in the habit of consigning goods to Hamburgh, of the present legal rate, an abstract of the present Tariff of brokerage, en the principal articles of importation, is herewith transmitted. Brokerage is exclusively paid by the seller, and amounts to— Five sixths per cent. on cotton, cotton twist, cocoa, cochineal, copper, bides, indigo, manufactured goods, nankeens, sugar, teat. •• One per cent. on annotto, camphite, cinuamon, cardamomst, cassiat, cloves*, drugs nut denuminatedt. deer skins, dyewoods, gingert, jalapf, macet, nurmsgst, pepper, pimento, potashes, Pe ruvian blritolkiercitron bark, ricrtoaltprtre,sarsaparillat, tamarindst, tobacco in leave-,t, and tobacco stems, of the growth of the United States of America, whale oil, vinellae-t. " N.B. Tobacco stemst, of all other origin, s:gars, and ocher manufactured tobacco, pay two per tent. all other leaf and roll tobaccot, one and a half per cent. •• One and a half per cent. on wine, brandy, rum, and arrac, if sold in paresis amounting to 3000 marks banco and upwards. " Two per cent. un do. for sales of and under 36(4 mares banco. " In auction, the selling broker is entitled to one and a half per cent. and the purchasiog broker to two per cent. without regard to the amount." ltEmaaKs.—All articles mai ked t pay the brokerage before mentioned, if the quantity sold amounts to marks GOO banco or higher; for smaller lots of less than marks 600 banco, and down to marks 150 banco, the broker age is paid, with the addition of one half, and, under marks 150 banco, the double is allowed. All other merchandizs pay 11 per cent. at least for bales not ex ceeding masks 150 banco. • It is, however, to be observed, that all augmentations in propertion to the amount sold, are only to be un derstood for sales by private contract, and not for those by auction; and even not for such private sales, where a broker has made the purchase of a larger quantity of goods above the said amount of GOO mai ks banco, and teas afterwards divided it into :mailer lots. firing, and ordered the melt‘ivhdhad led below to come up; they resisted for schrt*lithe, but on being told that they would be fired at, they came up, mid were taken to prison. 4* Mr. Serjeant VAUGHAN then addressed the Jury for the plaintiff. His case had indeed been almost proved by the witnesses for the defendant. The present was a most painful case to him, but he was sure that no one who had heard the evidence for the defendant, but must see that he was a rash —no, be was afraid that term was not sufficiently expressive of his conduct—but that he was a very violent and inconsiderate man. The Loan Cam Josvica said, the only issue was whether there was a mutiny to justify the violence on the part of the Captain ? Mr. Serjeant VAUGHAN said, that them, were many distinct assaults sworn to on the faccdf the record. The facts of the case were these—the cause of action arose five years ago ; and it was satisfactory to know that the defendant had put Pff the trial on pretence of witnesses—that was indeed a part of " the oppressor's wrong, anJ the law's delay." The defendant had shewn a determination to avoid the trial as long as possible. If there was a mutiny among the men, why had he nut indicted all this time ? Instead of any symptoms of mu tiny, the men were all variously employed at the time in different parts of the ship. But the Captain, on going ashore, said lie would make one of them (Neagle) " dance up m nothing before nig'n." . Th in dicated a predetermination to punish to the utmost es-• tremily. The Learned Serjeant then went on to state the various circumstances of the case, and concluded by hoping that the Jury would repress by their verdict any future disposition of the Captain to take the lives of his fellow-men on such frivolous pretences. He was happy that the defendant was not an Englishman, but had come from Kentucky, in America. The depositions of several of the men (who were now in various parts of the world) were then put in and read, They an denied that there was any mutiny manifested by the crew on board the ship, and that the conduct of the Captain was unprovoked and unjustifiable.—Mr. Serjeant WILDE replied. The LORD CHIEF JUSTICE said, that a more impor tant cause had never come before him. The Jury were to consider that our greatness, our glory, and our strength—that which enabled us to defend ourselves against the world—depended on our marine; and that questions affecting their proper discipline were of the most vital consequence. They would, in judging of the case, place themselves in the situation of the Cap tain, in a foreign port, under the circumstances which they had heard. Telling them to do so, he could not forget what took place before a Learned Judge when an Admiral was examined respecting the conduct of a Captain in a certain situation. The Admiral's answer was this, " Sitting by your Lordship's side, I would say that I would not have done so; but if on board the ship, and hearing the wind whistle through the shrouds, with all the other dangers of the ocean, I would have done as the Captain did." That observation would never be effaced from his mind, because it chewed how differently men felt and acted according to the differ ence of situation. His own opinion was this, that the Master of a vessel had a right to correct a seaman for miscondocting himself, and the seaman must not resist, unlass the Captain repeated his blow, and proceeded to ,greater violence, in which ca-e he had a rght to de fend himself. • That was the law of nature, and it was ' the law of England. Ks Lordship then stated the nature of the case, and left it to the Jury to say, whether the Captain was warranted by the nature of his situation to act as he had done? There were two apsaniltif if4ted-that he had struck the plaintiff, and that he Lad ordered the soldiers (Dutch and Malays) to fire on him and the crew. On the first assault, they would find for the plaintiff; but on the second, they would consider whether the Captain was justified or not by- the mutiny to.such violence? The fighting po. sition of one of the men, and the proposition to wait till they went out to sea before they acted, were flagrant indications of mutiny. They would say whether the Captain had used more force than was necessary to repress tt e . mutiny, and give their verdict and da mages accordingly. The Jury found for the plaintiff on the first assault—Damages £5O, and a verdict for the defendant on the second—that there was a mutiny. Great bustle is observable in the vicinity of the Houses of Parliament. The last Sessional Address to his MAJESTY, which passed on Tuesday, for additional rooms and accommodations, and praying that he would be pleased to give directions for completing the same, has infused flesh vigour into th-:se employed in erect. ing them. Before the opening of the next Session of Parliament, great alterations and improvements in the approach to the Houses, and the buildings in connec tion with them, Hill be effected. Lord Goer has bestowed on the Catholic inhabitants of Gort a large plot of ground, to build a Chapel on, and also presented them with a beautiful Scripture Painting for the Altar. The letters from Liverpool and Manchester, give most appalling accounts of the state of the Cotton Market. Sales are now impracticable—at any sacri fice. The speculation appears to have attained its climax on the 23d April, when prices were just double to those from which They first started. B swed Georgia has already dropped frOm 20 to 12d. What adds to the gloom of the North is, the discovery, according to repot t, of some forged acceptances on Manchester houses, which had been negotiated at Liverpool. The parties implicated are stated to have gone to America. ST. PANCRAS DIS ERIC T SURVEYORSIIIP —A Mr. Crunden, it seems, had held the three districts of St. Pancras. Paddington, and Chelsea, nearly half a cen tury, and resigned that of Pancras at the end of last year into the bands of the Magistrates, who, in due course, elected Mr. B iker (son of the late Chief Magis trate at Bow-street, and the Middlesex Treasurer); but, it coming out, that Mr. Crunden had received a consi deration (2,0001.) for his resignation, Magistrates refused to swear in Mr. Baker, and deprived Mr. Crun den of his other districts. Mr. Baker again contested thebusiness, and was again returned, but the Magis trates still refused the oath. The matter came be!ore the Magistrates in Session on Thursday, when several Resolutions pro. and con. were moved, which terminated in favour of Mr. Baker, who was ultimately sworn in, with a dissentient of 22 of the Magistrates present. Thursday everting, between eleven and twelve o'clock a lunar rainbow was noticed at Devizes, complete in its form, but the moon being rirtially obscured by a thin cloud, the colours were less bri:liant than they 9,,berwise would have been. A ;hoover of small rain fell - -491suop • It havini been naderstorad .that fits Lordslrtp was }o be in Salisbury by II o'clock .on Thursday ,morninutbe roads all the way were thronged, especially by the y od:;s, to witness a scene new to them, and nearly-forgotten by the old. The venerable Mr. Boucher, the Bi..hisp's Steward, Mr. Edward Davis, the R eg i strar , aid an .at tendant, went out to greet the Bishop, selso arltisked about half-past eleven o'clock, at the Down ; whe• alighting from his carriage, he went i n t o a mar* where being informed that he most cut a turf to ieen'r. possession of the Manor of Milford, his Lordship cot the turf, on which the Steward said, as far as cosid be understood, al My Lord, by this act your Lordship l r• comes possessed of the Manor of Milford, (which 'roe - ages has belonged to the Cathedral Church of Nris• bury) and of which act all around are witnesses." T..ey then proceeded to Salisbury, and the mrrket-pl tc.e never exhibited such a scene: A most numerous acces• sion of all sorts of per-ons notified that his Lordship was at hand. The cart is ;e soon appeared. Mr. Money Fis!aer, as Clerk of the Works, and Mr. Mott, his Lord ship's Verger, preceded it. The throng became excessive; there were at least 7,000 persons assembled ; wlMe the surrounding windosss and roofs were crowded to exce s. Mr. Chancellor Marsh first alighted, then Mr. Boucher, who immediately reset, and afterward his Lordship, who appeared aged, but not infirm ; lie wore gla .s, and a shade, his sight having become enfeebled through intense study. He was supported into the Council house by Mr. Marsh, the band playing the Nstional Anthem. In the great room his Lordshi2 was receiv• d by the Mayor and a numerous assemblage of the Cor. poraticn, where an elegant cold collation was provided. Having partaken of this repast, his Lordship went to a house the corner of New -street, the property of William Sanger, Esq. Ater having met with the Canons arid Priest Vicars, his Lordship robed, went through the house into High-streer, and, preceded by the Choristers and Clergy, supported by the Very Reverend the Dear on his left, and the Rev. Mr. Canon Macdonald on 11 s right, moved on towards the Cathedral, When arrived at the third tree in the close, a boy of the Foundation School delivered a Latin oration, congratulating the Bishop on his arrival. The procession then moved onward to the Church— the Gentlemen of the Ch it singing the Anthem, "Oh ! how amiable," &c. by Richardson ; after which, " Oh 1 be joyful," &c. by Bishop. When they arrived with n the west gate, the Bishop knelt, and took an oath to preserve the rights and privileges of the Church. He then went to the Communion, and was seated on Vie. Throne, Te Deum being chaunted by the Gentlemen of the Choir. Ater which he proceeded tn the Chap er House, and was elected is the Pre!;endal stall of Pot terne. He was installed, and the wonders of the day . were finished. The Dean entertained his Lordship and the Clergy in a sumptuous manner at the Deanery. The Bishop only remains for a day or two. SPORTING INTELLIGENCE. HAMPTON RACES—LAsT DAY.-JuLT 8. The Grand Ball at the Toy, Hampton Court, WAS very nume rously attended on Thursday night, by Nobility, Gentry, and Mi litary Officers, and the attraction of the Polonaise' and various other of the most celebrated quadrilles, kept the company urge ther till an early hour the following morning. The only accident which occurred to-day, was the running away and upsetting of a horse and gig, in which a Lady was sitting ; but as it did net happen on the Course, we had not an opportunity of ascertaining whether it was attended with fatal consequences. Match for 50 soya. each. Two miles. Mr. Messer's Miss Sly, Bst. Mr. Jacob's Jewess, 9st. 71h. - 2 Betting-5 to 2 and 3tol on Miss Sly, but no takers.—lt wag, a considerable time before Miss Sly could be brought to start, front her repeated plunging; and very few jockeys would have kept so well upon her back, or even venture to ride her at all, as Macdo• nald did; however, at last, off they went, and Jewess made most severe running until about two distances from home, when Miss Sly came out, and after a hard struggle won her race in high style, by a very honest length. A Handicap Sweepstakes of 15 soya. each, with 10 added: 'Heats One Mile. Capt. Berkeley's Little Driver, 9st. 61b. 1 I Capt. Locke's Irene, Bst. 71b. 2 3 Mr. Ball Hughes's Earl, 7st. 3 2 . ' First Heat—Fairy made all the running until the turn coning borne, when she bolted and ran almost into the Thames.; the con test then became strong between Irene and Little Driver, who soon got in front, and won the heat in a canter. Second Heat—A fresh jockey, Old Jerry, was now play.d upon Fairy, it being found that the boy who rode her the first heat had not strength to hold her. Irene made strong play for about half a mile, when Little Driver came up, followed by Fairy, acd a very pretty race ensued between these two, till within a distance of the Judge's Chair, when Little Driver made ground every throw, and won the race cleverly, by a length, Little Driver was rode by a boy; Irene by Snap. Any odds on the winner for both heats, but no takers. BATH AND. BRISTOL RACES, JULY 7. itcoNn TIAT. The Bath and 'Bristol Stakes of 10 soy. each, with SO added, by the Racing Fund. heats two miles and a distance; the winner to he sold for SOO guineas, if demanded. Mr. Worth's ch. m. Prosody, aged, get. Mr. Gauntlett's ch. f. Prima Donna, 4 yrs, est. 2 Three others were entered, but did not start. Prima Donna ti • favourite. The last heat was won by half a neck, and the winner claimed according to the articles. The Original Five Sovereign Stakes , with SO added by the Racing Fund, for horses that never won ,ElOO at any time,- before the day of nomination. Mr. Bristow names b. e. flexible, 5 yrs 1 Mr. Howe's b. c. Warwick, 4 yrs 2 Mr. 13igg's Below, 4 yrs Nine others were entered, but did not start ; 5 to 2 apt Flexible ; Sto I agst Warwick. Wou easy by Mr. Bartley's Flexible, being held in every inch of the ground, whilst Warwick was urged and punished at all points. A Sweepstakes of 5 sovereigns with 25 added from the Racing Fund. Mr. Barney'sl b. c. by Cotton, 3 yrs. Mr. C. Day's Plover, 5 yrs Mr. W. Day's Franconi, 4 yrs Mr. F. G. Cooper did not name.— Plover walked over. 1 1 Match for 100 sovereigns. Mr. Bailey's Bullfinch, aged, 12it. Mr. Phi!Upson', Unc!e John, aged, l2st. Mr. PhilUpson won cleverly on Uncle John : be ran $ eery good horse. ENNIS RACES. Perhaps at no period subsequent to his present Majesty's visit to the Curragh, has there been such a numerous meeting of wealth, rank, and fashion, at any Course in the South of Ireland, as at the-e Races. Families of the first respectability, from the Counties Limerick, Clare, and Galway, with the most distinguished charac ters of the Turf, are in attendance. The Clare Gold Cup was run for on Saturday. Twenty-five horses were entered for the Fitzgerald Stakes, for which eleven started, and Mr. illake's colt Bob Booty was the watt net, beating Mr. D.lxon's colt Olympus by a neck. Four horses started for the second match, SOL by Lucius O'Brien, Esq. which was won easy by Mr. Kirwan's Libias. Amongst the many on the Course were observed, the Marquis of Sligo, Earl Clanricarde, Viscount Gort, he Members for the County, Offieers of the 9th Lancers, 19th, '2sth, and '7Bth Regi ments. The bands of the 78th and Clare Militia added much to the tami ensemble. The Duke of Sussex then stepped forward, and was - • -- -- ---- - was one, he was ' shot through the lea breast, and died f f- 11 during its appearance, whic! l continued after it was ---- -- bailed with loud cheers. Ile could not, he said, depart from the three hours after; Ellis was shot through the groin, and observed for about five minutes. A Letter from It•rme, dated June 20th, says. 0 Lord place without expressing the gratification which he had emkrienced trom the proceedings of the averring, and his opinion of the died in about five weeks; the plaintiff was the third, Yesterday, two men, n irneJ lrarren and Nelson, and KINNAIRD his departed, in a very bad state of. health,• great benefits which would result from the institution. He heued and WAS shot through the neck. Tke Captain was an I young woman of the name of Porter, were severally for Engl Ind. Isa v a letter the other day from. a Noble the members would accept his good wishes for the prosperity of American • , there was a great deal of flogging alma-ki put to the bar at the Oifice in Worship-street, each Friend, srying that they had managed to get Isis) 41S the institution, and he assured them that lie should ever be ready . the ship ; there was a Dutch brig of war about half ach itged with robbing children, on which charges che tar as *rutin, bat there n :is little hope - of his Lordshiii to afford them all the support In his power—(l-eud and long con- *rued applause). The assembly then dispersed.: • mile off; the soldiers advanced to the hatchway • after 4 culprits were Cut ntructi ter trial. • . . . suorivin ~ w the a:tazk." . . - . • , . . . . ~" . - -- -_ . _ .., • 4-/- -1-- .. L ......—..-__..m. . ' -- 4i- aim. . alarm , - LAW REPORT. COURT OF KING'S BENCH, JULY 8. MAINE V. COOPER. This was an action of trespass, by Mr. Maine, the proprietor of Hanworth Park, Middlesex, to try a right assumed by the Crown in the banks of a cut made through his grounds. The defendant justifies under the Crown, and the question in issue was, whether the „freehold of the banks was in the Crown, or whether the right of the Crown was restricted to the use of theirs for the purpose of draining the stream? The case, as opened, appeared of great length ; but llr. SCA RLETT, for the plaintiff, having produced an old grant of the 'Park, without reservation, and there being contradic tory evidence of usage, the Loan CHIEF JUSTICE ex pressed a strong opinion that the words of the grant must prevail, to %It'd!, after the examination of two witnesses, the ATTORNEY-GENERAL yielded. A. nomi nal verdict was accordingly taken for the plaintiff, negativing the claim set up by the Crown. COURT OF COMMON PLEAS, JULY a. BEDELL V. RUSSELL. This was an action of an alleged assault brought by the plaintiff, a seaman On board of a South Sea Whaler, called the Emily, to recover compensation in damages from the defendant, who was Captain of the vessel, for the injuries he sustained, by having been shot in the neck by some Dutch soldiers, in the Bay of the Island of Ternate, in the year 1821. The defendant pleaded a justification, in which he said that he had been obliged to order the soldiers to fire, because the crew had been at the time in a state of mutiny. Mr. Serjeant WILDS then stated the case. The de fendant was Captain of the ship Emily, when she was lying in the bay of Ternate, in her passage through the Molucca Islands. During her stay there, the crew were allots ed to go on shore, one-half at a time, but some of them remained all night, contrary to the Cap tain's express orders. He remonstrated with them for this impropriety, but received nothing but abuse. On another day he ordered them not to stay on shore with out his special permission; but instead of obeying him, they remained as before, and among them was Bedell, the plaireiff. The Captain accused them next day of their misconduct, and struck one of them, Neagle, in consequence of some provocation he received. Neagle immediately said, that if be was struck again, hepould knock the Captain down the main hatchway. Some of the crew were in the rigging working, and jumped down on deck, saying to Neagle. Tom's right, give it him well, the ' A general disposition was new displayed by the chief part of the crew to mutiny, and the Captain in vain tried to call them to their duty. They continued in so refractory a state, that he was induced to go on shore and seek the assistance of the Dutch Governor. A military officer and soldiers then I came on board, but the crew saw them coming, and aimed themselves with harpoons and handspikes, de claring that they would not suffer any of the men to be flogged by the Dutch. The Captain called them to order, but they refused, and struck their harpoon poles on the deck in defiance. The soldiers were then orde:ed to fire, when the plaintiff and two others were wounded. 'These were the facts of the case, which he would prove in evidence, and he trusted that the Jury would con sider them sufficient to warrant the conduct of the Captain, who-was openly braved on board his own ship. The only witnesses called to prove this, were two ap prentices. Their evidence amounted to this, that the crew had been in a state of insubordination at the time, Atli had expressed that they would not stand the flog ging system of the Captain any longer—that it would be better to wait till the ship proceeded to sea, when they could be clear of the Dutch soldiers, who could not afford any assistance to the Captain. By the cross-examination it appeared that the soldiers consisted of two bodies, Dutch and blacks ; they were ranged on the quarter-deck, and the men were on the forecastle; there was an in . erval between their firing ; they fired four or five times, and three men fell: Smith