Star. — London, England, 1829-11-23 00:00:00

. ti /Wi. ' FOUR YEARS IN SOUTHERN AFRICA. BY COWPER ROSE. Row. Egoorosso. UMW COLSURS AND R. lIINTLIIT. The author of this elegant volume tells ue—and we believe liiiitthat he attempts only to describe what fell under his own immediate observation. His object in his rambles being to seek amusement, he writes but with the view of amusing others. This, he has most suc cessfully accomplished ; and no one, with the slightest love of reading, can possibly be disappointed in the perusal of his book. As an evidence of what we so briefly and strongly recommend, we lay before our rea ders the following extract. It forms part of Letter IX. of this tempting volume, which, in its rambling and agreeable manner, treats of St. Helena, Napoleon's house, his tomb, and many other things which touch the heart: know not that I can better lighten of their weight some of the heavy hours of a voyage, than by writing a letter of recolkcti , ins, and thoughts, and hopes.—that schoolboy word. St. Helena must nut be passed over without notice, for it was the only land we made; though all that can be said of this mi serable place has been often repeated. I have heard that Napo leon was shocked on landing; and I can easily believe it. To him it must have spoken, " Hope enters net here!" Batteries ate placed at every possible point, and its naked and sun-scotched rocks bristle with guns. A scene more drew, barren, and deso late, I never saw; and its few trees, among which are the cocoa nut and date, far from enlivening, add, by contrast, to its parched and sterile appearance. 4 !diked the prisoner's tomb; it is very plain, and bears no inscription Tbis is as it should be ;It is enough to know that Napoleon lies there. I saw the boom in which be lived, the room in which be died, and that is which his body lay previous to the funeral • the first is now a granary, the last is a stable. lam no enthusi ast with re gard to Buonaparte. nor do I bow before the magic of that " name at which the world grew pale ;" but I felt a strong sensation of disgust at seeing the vulgar use to which the house is appropriated: it should be left, a lone and melancholy ruin, for the night.wlnds to moan round. The old serjesnt who has charge of the tomb produced books one for the names of visitors, another for their remarks, or theights, that might arise on the occasion. Methinks the Gover nor must be a !mesquite, and Sod amusement in the mawkish sen timent, the absurd effusions of sublimity, and the doleful attempts at humour, to which this direction has given birth. My compa nion read some, but .they are forgotten, except that one Lady mabed a silent tear "-- a rare thing in a woman ; and one Gentle an had made a discovery that Napoleon was ambitious. We re- Mained three days, and, much as I hate a ship, felt no regret at leaving 9t. Helena. I am writing this under the line, with its tremendous sun, and glassy, glaring sea, its fantastic sultry skies. and sudden gathering squalls. It is the most interesting pan of the passage; for the in habitants of the deep play around the vessel. as if to amuse us iu the calm. The shark shoots like a lightning-gleam through the dark-blue waters. The flocks of flying fhb spread their light silvery wings, and skim over the calm water, in which they dip for a moment, and rise again with a renewed power of Sight. Happy, joyous things they seem—too bright for their cold element, and rising into the soft sunny air, in the playful exercise of the power that distinguishes them fro mi their finny brethren ; but they rise from the wave only to escape the death that lurks in It, and fly from the pursuit of the dolphin—that peacock of the deep. For beauty of ever-varying hues, I never saw anything to equal the dolphin. When it ascends to the surface of the smooth clear water, and shows a gleam of shifting, liquid light, or wavering to and fro by the vessel's side. is, at one moment, of a deep rich brown; then a glance is caught of its dark azure fin; and when the sun touches it, green, yellow. and silver gleams follow, which have faded tato some other hue almost ere you can name them. I have seen the sea alive with them all round the ship, darting from the waves in thousands and tens of thousands, while the whole sur face of the water was Moused by their ever-radiant colours. " Within the shadow of the ship, I watch'd their rich attire, Bhie. glossy green, and velvet black ; They coiled and swam, and every track Was a Sash of golden fire." A ship is the reverse of poetical, notwithstanding all that Cowper or Campbell an say about it. The first represents his as •' Arm'd with thunder, clad with wins e, and the last, in a prose passage more beautiful than poetry, in which he describes a launch, with the deep, silent expectation of the assembled multitude, and their Anal burst of enthusiasm; and when be speaks of the thoughts that arise in the bosom, on seeing her swing round in the calm water,—all the days of battle, all that she had to do and to suffer for her country,—what English heart does not beat more proudly and more quickly ! These are ships of war,—and whatever may be the evils of war , it at least redeems every thing, connected with it from vulgarity ; but all other vessels, from the stately Indian to the coasting trader, are but Roads , ' shops. In an Imaginative point of view, I grant it noble. When we think of its going forth, like the lone bird through the air, itself a speck upon the wide and wekering sea, and of its visiting the furthermost parts of the earth, there is mething of grandeur in the thought. When we hear of the " spectre bark," whose dark and distant form is seen by the ;lightning's sheeted glare, and seen but for an Instant, as it flies before the gale with every sail en, while the foam of the wave is of a dazzling bright ness in the blase ; we own that there is no story of superstition equal to it. But when we look upon it with respect to a passage,— and I fear that I never shall be able to regard it in any other light—as a place in which we are " cabined, cribbed, confined" for months, in which space is measured by the inch, and fresh water by the drop ; when wothink that tie Captain has calculated on us foe a profit, ranking us with the test of cargo—coosisting of sundries, or hides, or tallow, or Cape wine—the vessel no longer " Fans the waters like a thing of life, , but, atript of every ideal charm, remains for ever a thing of coarse reality. No, it is all hateful ; and a voyage is one of the shadows in life's picture that gives relief to its lights. It has been laid down by some, that the occupations of the blessed In tbk neat world will be but a shadow of what made their bandana in this ; I trust the convene of their proposition does not bold good, or I shall de cidedly be sent to sea for my peccadillos, and put on board some convict ghost-ship lying in the Wing, to be taught the lesson et IMP may, that oohing can teach so well; for there we are made to feel what dependtpt creatures we are, that a calm can depress, a breeze excite, and a dinner render amiable. Think of undergoing eternal rancid butter, and biscuit, tainted water, and miniess tea and coffee • and for ever to beano sounds but t h e trading of the sailiand th ei straining of the ropes ; and to see near us the discon solate hens thnistthgtheir scraggy necks out of the coops, and the consurapdve-looking pigs and sheep in the long-boat, while all snood is sea and sky interminable, the distant line of the horizon being at all times broken by blue misty clouds, mocking the straining eye with the hope of a mountain coast ; and to hear from the shadowy spectre of a Captain, in answer to the question— " Whets shall we reach shore?" the dead eternal," Never." I have said, that this Is a letter of recollections and corning from the region of the wild superstition of the Flying Dutchman, and knowing my taste for such tales, you would be surprised that I should have beard no legend connected with it. The following I bad from an intelligent young naval racer to whom it occurred. The (acts were given without any attempt at effect ; and, as far as my memory allows, I will repeat them as I beard them ; though I fear that it can scarcely be considered as an appearance of the vi sionary vessel whose cruising ground is round the Cape, as title, I am told by sailors, can be explained without having recourse to the supernatural. Their solution I WM not give, thinking of the story as Sir Lucius °Trigger of the quarrel, " that it is very pretty as it stands, and explanation will but spoil It." " I bad the command of the a small brig, and was cruising off Madagascar, on the look-out for slave ships ;—it was near two o'clock in the day, when I discovered a sail between us and the coast. We saw it drawly, myself and the two midship men, and determined to keep her in sight, and to watch, but with • altering - course, or appearing to notice her; she still con. •e shore, and then, as if suddenly perceiving t more sail. I now felt certain that it t upon her: We bad to tack, in order _ ran far out; still, however, we were making a small headland, I said, ' 1)u you outs' talker, whose glass was directed towards disappeared behind that point, and it was so -he omit have struck her masts and lowered I ant certain *ow she is a slaver,' I said, escape to.' We reached the headland, which boundaries of a small bay, in which I kit certain out the evening was coming on, the coast was ' brought my brig to anchor at the mouth, so unseen, while I waited kit the rising of came on after sunset, and not a sound lonely coast. Before the moor was up, I had sot my beat acid feat men. sad talons my pbads,imaped lets ►er, leaving these directions with the eldeeaddablpatan, that should I Ire one pistol, he should send a boat is the direction of the re port ; but should it be repeated. be *odd send both beets and every man that could be spared. I went and sustained every creek. every inlet of the bay, every rock beneath the shadow of which a boat might have labs concealed. The moon had then* and gleamed with its cold pale light on Alf reeky bay ; and when, after a silent search of nearly three hoar•, I rowed for the brig, and, on approaching, saw her small deck covered with men, a strange feeling came over me. ' Something has happened !' I said, ' have you seen her?' was the question of the eider midshipman. ' No.'—' What, have you seen nothing ?'—' Nothing!' I replied. He thee told me, that about a quarter of an hour after I had gone. they beard the brig hailed ; that they listened, and again distinctly beard it; that In about two boors after they heard screams,—one might have been deceived, but they all beard them; that a belief came over him that I bad guar on board the slaver, and was de tained ; and that just before my return. the boat had been ordered out to search for me. ' All this sounds strangely!' I °buried to the narrator; but how do you explain it I cannot explain it: I ordered careful watch to be kept during the night, and at daybreak again examined every point of the bay. There was no ship, and no sign of wreck. A vague apprehension and superstitious feeling was creeping over the men, who gladly left that part of the coast, which I named Bu chanted Bay. I have bewildered myself with thinking of It ; but such are the facts. In the country I bad left there was much of a wild interest that I had not exhausted, and that I cannot hope to meet with again. I will describe it with the scenes that produced it, and throw my mind back upon the past, for of the presets' I have no pleasurable impressions : the voyage is a blank in existence; let me, then, ill it with recollections. --- There was to me no common excitement in the forest rides, and In exploring the dark streams that wander through them. and are lost in their remote and shadowy recesses. I have come unexpec tedly upon spots where. through openings in the overhanging luxu riant vegetation, the light fell upon the dear glittering water, causing it well to merit the tide of the 41 diamond of the desert." I have stood on its banks of cool, soft hillocks of mods and looked down its course over-arched by the trunks and brai:ebes of tall trees of redund ant growth and varied folisge, While close to its brink the grey willow dipped its pendent boegks lotto the stream, which rippled through a fringe of &codas, lilies:reeds, large-leafed water plants, and all that mass of mingled leaf and b lossom which is nourished by the river, and pays back the debt by beautifying that which produced it. In such places have I met with the white skull and the twisted horns of the hoodoo, lying half hid in the fern and moss, and showing that the gaunt wolf or lurking tiger had been there, and that the swift and beautiful antelope bad been his prey. There were the hair-breadth escapes and strange adventures of the lons elephant-hunter, listened to is the stillness of an African might, as we sat round his tire, which threw its wild, uncertain, dusky glow en the ball-defined, gaunt forms of the slumbering dogs, and on the dark shadowy trees and bushes around. The sun had not yet risen, and the air was still misty and chill among the mountalos,whiehisy stretched before me and amend me, and must be crossed before its setting. Amidst the bleak trespass dons solitude, it seemed that myself and guide were the only living moving things, and in the bushed stillness the spirit sunk beneath the sense of utter loneliness and of littleness, where aU around was vast. But the sun rises to dispel doubts and fears; to gladden every thing, animate and inanimate • sad touches the mountain peaks successively with fi ery light, while the lower ranges and deep valleys are yet shadowy and undeined. Each minute now pro duces change, and each change how beautiful! On one side all is shrouded in cloud, which the eye in vain attempts to penetrate; then partial openings appear in the sweeping certain, and through them gleams of rocks, cliffs, and forests are seen, of rainbow hoes, sunny, and soft, and scarcely mote substantial than the thin va pour that has yielded for a moment, and again dosed its fleecy veil around them. As the son mounts higher, the mists yield to his power ; in some places they still cling for a time to the craggy summits, as if reluctant to quU their resting-place ; and in others assuming strange fantastic forms, shoot up into the calm blue sky, and having reached it melt into nothing. And now that the last vapour is gone, and we have scaled the heights, and halt to rest oar horses, and to look down upon a boundless savage region of grey, lofty summits, bare ridges, deep chasms, sad lonely glens, how breathless and overpowering are the sensations prodUced ! I re member saying, when a boy, that life could have no after-feeling (Ind to that excited by being, for the first time, amidst the moun tains, their clouds, and their shadows ; and now, with the know. ledge of experience, I repeat that it has not. We toll down the difficult descents, in the languid mid-day heat, through naked, rifted rocks, scorched, blackened Proteas, and Iris dieted shrubs, and the weary riders command a wild and sterile extent of cliff, of mountain, and rartine ; while, tar below, the river's sinuous course is traced, by the skirting of trees that shelter and conceal it. In ascending, they pass wooden steps and fast nesses, and stand on the brink of dark, gloomy abysses ; spots wild and lonesome as ever mountain eagle or savage vulture soared above. It is evening, and the stars are beginning to shine out, and the dusky mountains to look larger In the gloom, and the jackal's shrill melancholy cry is heard; at first, one solitary startling shriek, which is quickly answered from the dim hills by the hey, pro tracted, dreary scream of many, rendering that which was loosely before doubly lonely ; for there are sounds with which the spirit owns no companionship. LAW INTELLIGENCE. COURT OF CHANCERY, Nov. 21. The Loan CIANCILLOII,aThe fitting of the Court, delivered judgment In this muck-litigated question.. This was an info,. motion filed by the Attorney-General, and it related to certain property situated is the parish of Hampstead. It appeared, by the information and answer, and the facts disclosed In the a dmits (and about which he believed there was no dispute.) that in the year 1696 the then Lord of the Manor of Hampstead granted six acres of the Heath to (*flats persons (14 in number,) upon payment of a nominal fine, and subject to the usual services and customs. It was found linpossibie to ascertain the precise amount of the fine, as the ancient instrument conveying the property was so mutilated and obliterated. On the 25th of Sept. 1698, a deed was executed declaring the trusts of the grant to be " for the benefit of the poor of the parish of Hampstead." Inl7lo as information was filed by the then Attorney-General, with Menace to this property, and certain suits were instituted in Chancery with respect to questions arising out of and connected with this property. In 1729 a decree was pronounced by the Court upon the in formation, and by that decree it was declared 'that the trusts of the Charity should be establbbed. His Lordship bore read at length the precise terms of the decree. by which It was di rected that a reasonable fine should be paid, according to the custom of the Manor, and the intention of the friends of the Charity. It appeared that in the following year the trustees were appointed with the approbation of the Master—the sur render was made to them—they were admitted, and paid • fine, that fine being settled as to its amount by agreement between the Lord and the parties admitted. That decree bad been acted upon down to the present time. These bad been several new appointments of trustees, several surrenders and admittances, and the fines had been regularly paid. The object of the pre. sent information, Slid la 1826, was to reform this decree. In that year the trustees were reduced. front fourteen to- two; and Sir Thomas Wilson, who at that time and; still was Lord of the Manor, *sleeted fourteen pllsol4 . ls renterso f the alertrf•-- The names of these persons had been ininnitted to the Master; be liariapproved of them, the surrender was made accordingly, and they had atom been admitted. After the trustees bad been ad. mined, Sir T. Wilson dallied a fine very large in amount, exceed ing 45,600, and 'smiling in a tenfold proportion any fine ever paid on any former occasion. The object of the present decree was, therefore, to reform the decree of 1729—t0 have it declared that no fine was payable, or that, if any fine were payable, it ought to be a nominal fine only ; or that the amount. of the fine, at any rate, should not exceed one year's value of the estate. It was fur ther prayed that Sir T. Wilson should be restrained froai proceed ing at law to recover the fine ; and also from proceeding at law for a forfeiture for the non-payment of the fine. There bad been. his Lordship observed, a great deal of argument at the Bar as to the construction to be put upon these several instruments, and he bad attentively considered them. After a full deliberation upon all the facts and arguments. he was disposed to think that there was no ground for supposing this to be a nominal flue. The Lord of the Manor, it was true, bad granted the property for the benefit of the poor of the parish of Hampstead, but there was nothing to chew that be ever intended to part with the fine which be had re served upon it. The opinion he now entertained was in accordance with the decree of 1729. The Court then entertained so doubt wb upon tin subject, and the direction was that the parties should be admitted upon paying " a reasonable fine, according to the custom of the manor." The question, therefore, for the Court now to decide, was, whether Sir T. Wilson ought or ought not to he restrained from .proceedng at law foe the recovery of this fine ? It was said that Sir T. Wilson bad come iis under the decree of 729, and that the Court would not allow ant other tribunal to con s rue its own decree. It did not appear to him that there was any ambiguity upon the face of the decree ; it was perfectly plain and straight-forward, and there was therefore nothing left for another tribunal to construe. It appeared to him, upon the whole case, that the proper Murse to pursue (and the best tribunal for the de. • chino of this question was a Court of Law) would be to send the matter to the Coon below, fee the man Of earintskilegerhat was a" reamosbie doe, according to tie cones dtha Myer Although this was the proper course In his *Aft bethought it would net be namable that Mr T.Wilsoo, beam Alined a ver dict and *meat, abroad be at liberty to tale on emeotisa, with. out applying in the first human to this Coon ; sad That it would be highly improper also to allow his. to proceed at law as for a fee feitun. All that be now declared therefore was. that 81r T. Wit. son might be at Überty to proceed at law for the purpose of mar taking the amount of the One. but that he was not to take out execution. or proceed u a forfeiture. For these reasons tif woold dissolve the injunction as to the proceeding at kw for ascertaining the amount of the One. and contuse the Injunctionlas far as related to the proceeding for a forfeiture a,psi the execution. WILUISIXT e. WILLISLIT. This cause, which was at the bead of the list of motions was then called on. Mr. How, who appeared for the phinelK Mr. Wellesley, stated that he was happy to inform the Court that this Medea its volved no personal feeling whatever. It was one which won apes a dry point of law, how far a tenant. for life, withal iespork. mint of waste. was entitled to fell timber. The Loan CUMICILLon hoped these that fans* differ awes were now at an end He understood all dificoldes was now removed, and the Court would bear no more dais. Mr. How expressed his satisfaction at the result. The Loan Commune observed that Mr. Wellesley (at least so be bad been informed) had accepted the guardian nominated by the Master for the children, and every thing was now amica bly adjusted. Mr. How then proceeded to open the cue before the Court. It was an applicatioo for an order from the Court to dissolve the injunction which bad been granted to restrain Mr. Wetiesky from Cutting down the s remaining poll of the timber which DOW stood oa the Wanstead estate. Learned Gentleman contended that his client had a right, under the settlement by which he obtained a life interest in that property, to fell the timber that had been planted as ornamental to the mansion, which bad been (Mrs. Wei ledey having agreed before her death to the proceeding) pulled down. The mansion being so down, it was no longer that trees formai news and dumps, as ornamental= house, should stand, tad that. as the park was turned to agricultu ral purposes, the dasher was is the way. VIC&CHANCELLOR'S COURT, Nov. 11. • DM P. LW& This was a canoe in which the Rev. Mr. Cu, the Rector of Litton Cheney, in the county of Dorset, sought to set aside an alleged modu upon the small tithes of his parish. It was contended by Mr. Pure and Ms. fbrosonotr. on the part of the parishioners, that one shilling for the tithe of the milk of each cow, and ooe upon sods barrel of cider, with certain (use d sums for hay, Oa. had been paid from a time of which the memory of man runnetb not to the contrary. A number of depositions, from some of the oldest inhabitants of the parish, were read in support of this assertion ; but it was ar gued by the Solicitor-General. Mr. Spence, and Mr. Knight, on the part of the Rector, that this evidence, as It related to the pay ments of only one or two individuals, did not bear out the fact of the ideas; that it was absurd to suppose for a moment that a media of one shilling for the milk of a cow could have been agreed upon in the reign of Edward the Third, when land was bad at six penes an sae, and the sum of a shilling was almost an income; and see farther, that even if the modes could be proved, it was, from bolos what is called too rani, bad its point of law. Thu Vas•Cotincnioa, at the conclusion of the arguments on these suestions said, he bad long been of opinion that it was ex tram* dillieult, from the different value of produce In different places. wad Iran the circumstances under which they were made, to pregame* with any certainty whether a nudes was or was not too rant ;and as he was clearly of opinion that the defendant bad in the present came made out a reasonable ground fur believing that some Mod of modes did exist he thought, if the Rector would undertake to go to trial, that t he best method of settling the ques tion would be by an issue at law. The plaintiff's Council expressed their willlmpess to go to trial, and an issue was directed accord ingly with respect to the milk and cider. a decree being taken for tkeplaindif with respect to the hay, and the other points on which the evideoce COURT OF KING'S BENCH, N0v.21. MIS 11. The Arroanar-Gessnas in the absence of Lord Tama= and Mr. Justice BAT LIT. moved, as a short motion, for a rule to show cause why a esongiesitua. directed to the proper authorities of Bombay, should nut issue. commanding them to examine, and re ams the examinations, of certain witnesses at Bombay, which the defendant thought necessary to the due trial of the cause. The de fendant was or had been Governor of Bombay, and the action was brought against him for damages fur basing turned the plaintiff out of the country ; and this application was authorised by statute.— Bade granted. „1: out altering out course, or if 1 1; tined to creep along the abo 4 i us for the first time, hoisted i was a slaver, and bore down to clear a reef of rock that s gaining, when, on bee midis' •., still see here to a yowl oil ber. ' No, she bas disappear suddenly, that I think she nit her sails, to liecoaceakd.'—'l • and she dull not escape to formed one of the boundaries the vessel must be; but the wild anirrocly, and I breve that nothing could get oat m ! the moon. A dead calm Cl r. was to be heard on that lone A i l' LAIOLOSS AND IZILIPTe•••TOrlle IP. MOM Lord Tamassa pronounced the judgment of the Court in this cue. It was an action tried before the Lord Chief Baron, at the Moises for Newcastle , -under-Lyme and was brought by a landlord against his tenant, for opening an additional door in a house occupied by him and belonging to the landlord. The Jury found that by this tut of the tenant no injury whatever was done to the house; bet the Jury, under the Judge's direc tion, found foe the plaintiff with nominal damages, and the Judge gave the Defendant leave to move the Court for a new trial. In this manner the question came before the Court, and the Court was of opinion that Ms was not a case of waste, of which the landlord had any reason to complain. The old cases on the subject were very nice, but were certainly founded on a reasonable princi ple, which was, that a landlord bad a right to say to his tenant, " You shall do nothing that may detract from the evidence of my title, even though it should be an improvement." In this instance, however, the Court did sot see that the act of the tenant was such as was likely to diminish the evidence of title, and there must be a new trial, unless the parties should agree to a starve/sow. SWAMI 10. DIGILST, This was an action brought to recover from the defendant, one of the Directors of the Potosi Mining Company, the amount of a bill of exchange, indefted to the plaintiff by a person named Walker, who had been sent to South America by the Company, and ac cepted by the Clerk of the Company. The plaintiff was noasuited, not being able I. prove the presentment. Mr. Gurney having on a former day obtained a rule to skew cause why a new trial should not be granted, oa the ground of the bill having been presented at the OSW but which he could not prove at the trial, ea account of the abs ence of the notary, Mr. Dammam now 'hewed cause against the rule, and contended that it would be a dangerous practice to grant a rule in .such a case, where the Plaintiff lost his cause through his Attorney's neg- Bruce. Th. Coos: wan of opinloo that there ought not to be a new trial ' u it was the Plaintiff's Attorney's fault that the cause was lost, be not being acquainted whh what they could prove, but re lying on the : fu ot s aa to prove the presentment. New trial mamas AND TUN LONDON DOCK COMPANY. In this ease Mr. Arroanfr Gamut moved for a rule to show cane to set aside an award. It appeared that Hr. Fletcher was in of certain land and she a dock, which It was thought t ; si t e : a l:oda@ Dock Company. previously to their obtaining their last Act of Parliament, would be advantageous and Indeed neces sary for them t pu rchase. in order to =prove their property. An sward was proposed and an arbitrator chosen by each party, the arbitrators choosing an empire. These parties made an award, assessing *oval= of the property at at 36000. He (sr. Attorney General) now moved to set aside that award, on the grog= that it was made on a wrong principle, that the arbitrators had examined hir. Fletcher as &witness in his own cause, and that they had not decided whether a certain part of the property could be looked on as Aztures? The Coe= granted a rule to show cause. =owe AND OTNIIIB V. DUNCAN._ In this case our readers will remember that Mr. Puit.oca ap- plied for a rule to show cause why the verdict for the plaintiffs should not he set aside, ands nonsuit entered. The defendant became the guarantee to the plaintiffs. who are distillers in Scotland. for any sums which might become due to them from a person named Alexander Glenny, who acted as the agent of the plaintiffs for the sale of their whisky in London.— Glenny became deficit to the amount of A'3,300. and for this sum the plaintiffs brought their action against the defendant. The Couse, however. now held that there was no fraud upon the Revenue, nor any intention upon the part of the plaintiffs to commit a fraud upon it, and that therefore Mr. Pollock must take nothing by his motion.—Rule discharged. COURT OF EXCHEQUER, Nov. 15. CIIALLZIOOII 11. lOOTI. Sir W. Owls moved to set aside an execution for A 7 10s. width had been levied on the defendant's goods. The defendant had paid the amount previously to a sheriffs officer, who had neglected to pay it to the plaintiff. The plain iff in consequence entered a judgme. t. . The Count held that the plaintiff had acted legally, although certainly harshly ; the defendant paying the money over to the sheriff's officer, after he bad received notice only to pay it to the plaintif f s attorney, did so in his own wrong, and such payment was not a discharge to the action. As, however, it appeared that the plaintiff's attorney did not inquire of the sheriff officer whe ther the defendant had paid the money, they were of opinion the rule must be refused, without costs. POLICE INTELLIGENCE. MANSION HOUSE iletarday Aldermen Ilsitsmas set fee the Lora liken& .ki Dretessoiparter In the employment of Maws. Bemoan ami Winter. illanchostm warehousing% in Bodge-row. Watling wrest, was charged with swans a 24000 Bank of &shag note, the pop - trey of his masters. Sir. Bowman, who attended to make the charge, stated , that on Thursday. the nn in width he was a partner bad received a Itl.ooo n ote. which was deposited Ina drawer by the clerk. Friday, when the note was required, in order to its beieg lodged at their bank er's, it was nolming, and they were much alarmed at Boding that they had oat taken the ember it k. They were aware, however, that they bad received it from Cape. Farr, of the R. I. Company's service, and accordingly wknoses partner, Mr. Winter, went to the India House, to endeavoor to gat th e number of the note. There they falai that Captain Farr had rushed two £l,OOO notes on the preceding day at the Bank of Ragland, the aesthete of which were Sol and 00e, and that he bad paid one of them away to other parties, and that the number of that was 602; consequently the number of Messrs. Bowman and Winter's note was 601. They Den proceeded to the Bask. where awere informed that the note bad unthstanately been in at about one o'clock on Friday, in the name of Law, which was written on it, with the address, " No. et, Loodon-walL" The person had received in change 630 sovereigns, a .13110 note, and a 4150 note. While be (Mr. Bow man) was at the bank, a gentleman called to say that the = n ot witness's hoe to e bad absconded. He then went the house, and saw Herddield and White s the slicers, who immedi ately took measures to examine the different coaches going oat of town, and who managed things so dexterously that the prisoner was in custody in two hours after. Richard Claws, the clerk. deposed that on Thursday evening he depodted the AI ,eOO note in a wooden drawer, which he put into the Iron safe. The drawer was not locked. Mr. Alderman Vseastas asked the prosecutor whether he was not in the habit of sending large notes of that description to his banker's at race? We understood Mr. Bowman to uy, that generally they did send them to their banker's, bet they bad omitted to do so in the pre sent instance. Mr. Alderman Vaginas said, that being a man of business him self, be ueltermly cwt notes el a much smaller amount to his banker's, net merely with a view to security, but to prevent tem_peetiest. The ezandnaden proceeded :—The prisoner was not present when the witness deposited the note in the drawer; at about 11 o'clock on Friday morning he went to the drawer. and found the note was there; at about a quarter-past one. Mr. Winter asked him for the note, bet en opening the drawer again, he found that it was gone ; the prisoner, who had been sent out In the meanwhile, did not return, and after some time they seat to Inquire after him, when it was found that he had taken his trunk in a great hurry from his landlady's and told bee be was going out of town, and would not be back for a week. Thomas Herdslield, one of the Alan employed, described the manner in which he proceeded to trace him from which k sp. as well as from the acknowledgment olds, prosecutors, that pound, himself with great sagacity and seal. Thomas White, the °Hoer who took him, stated that be went, accompanied by one of Mr. Bowman's porters. tt PlecadMy on Friday. and after waking for some time, saw the prisoner go up to the Bath and Bristol coach, when be arrested him. This was about Ave o'clock in the evening; the prisoner had jut esprit his seat to go to Bristol. On searching him be found a 4300 note, a 470 me, and 17 sovereigns in his pocket ; the notes were in his coat-pocket, and the sovereigns in his waistcoat ; be found the re mainder of the thousand pounds in the prisoner's box, at a public hems le et. James's street ; the box was directed "C. Belly, pansinfor, Bristol;' to the box was 637 sovereigns, which was de mere than the prosecutors bad lest ; his brother, or a man de• merlin Meuse" as his heather, was with him at the time. After MOMlONMerelelell relative to the arrangement of the evi dence. the placer was weeded for further examination. and to give time fee the praise:des of esker evidence. HATTON-GARDEN. Nary Adm. a boy about 15 years of age. of rather preposses sing appearance, was charged with stealing two luodkerchiefs, value dr. The prosecutor, William Hodson, of Margaret-row ' Burton. crescent stated that the prisoner was his son, but had long been an Incorrigible thief ; not cooking his pecubtions to home, but even committing depredations in the houses where prosecutor might m usicality be employed. As a but resource, be was compelled to be the prosecutor of his own bey ; but of many sim ilar cases prose cutor had selected those of the two handkerchiefs, which the pd. mew carried off with him ea the 6th inst. and was absent from Item till the 14th, when prosecutor's wife, the prisoner's lumber, net the boy by accident, and gave him In charge of a constable. The constable spoke in corroboration, and stated that the pri soner confessed to taking the lassdkerchisfs, and told where he had pawned them. Prisoner said be had torn up the duplicates. Two pawnbrokers were shown the prisoner, bet neither of them would own having any knowledge of him. Mr. Lame—Come, it is time that something should be done, when two pawnbrokers allow a boy like that to pledge property, and In so short a space refine to identify hint. The bey was ordered to put on his esp. The pawnbrokers then stated their belief was that he was the person who pledged the handkerchiefs.—The prisoner confessed his guilt, and was fully commkted for trial MART-LA-BONNE. Hairy Mist Par, an elderly man, whose gaunt cheeks and hollow eyes bespoke the deepest distress, was charged with stealing a half quartern loaf, from the basket of a baker In the neighbourhood of this police Gan. The prisoner was seen to take the loaf, and run away with it. In answer to the Magistrates. he said be was a native of Mitcham, near Spanish Town, Jamaica, and that the most urgent distress had impelled hint to the theft; he then hung down his head In ap parent shame. The Meanness said he regretted that it was imperative on him to commit the prisoner. THAMES POLICE.. Dennis !Apses was finally examined, charged with robbing Mr. Robert Thompson. a tailor. The prosecutor, who appeared to have suffered severely from the prisoner's brutal attack, stated that he was on his way home. through Jewrysstrees i Aldgate, about twelve o'clock, on the night of Saturday, the 7th Ins'. when he suddenly received a violent blow, which was blatantly followed up by another blow from s bludgeon, which felled him to the ground, in which situatioa he received several severe Masks the ribs, which rendered him sense less. He had no farther recollection of what took place, till he found himself in Aldgate watsbhouse, when he discovered that a new coat, in an unfinished state, whi ch was tied up in a silk hand kerchief, and his hat, bad been stolen. John Beaumont, a watchman, stated, that he saw the prisoner with a bundle under his erns and a man's kat in his hand. Sus pecting the prisoner had robbed some person of the property, be conveyed him to the watchhouee. The bundle was found to be the pro•ecuter's property.—He was committed for trial. HRBDOM A DA RY. Tuts Dar—St. Clement. Noah offered sacrifice to GOD. To-Moscow—Venus sets 26 min. past 6 evening. Peace with the United States, 1814. Wzoonsnav—Catherine. Venus 8 digits west illuminated. Tnuaanay—New Moon 52 min. past 12 noon. Mercury rites 19 lain. pest 6 monsbig. . Feline—Son rises II min. before 8. About this tine greenfinches congregate. and the common Sat body moth appears in the gardens. SeTUlDAT—CardinalWolsey died. 1530. MARRIED. At Whepstead. the Rev. John LiWaton, Rector of Bar.ham. Suffolk. to Adelaide. youngest daughter of the Rev. T. Image, Rector of Wbepstead. At Watts* Church, Bath, the Rev. Charles Rooker. Rector, of Taffont, Wilts, to Mary, daughter of the late Capt. Rudsdell, R.N. Rev. Wm. Charles Kendall, Vicar of Svtioderby, to Albina, daughter of Richard Fisher, Esq. one of his Majesty's Justices of the Peace for Newark. Thursday, at Sevenoaks, Kent, Captain Charles Grenville Ran dolph, R.N. to Juliana, daughter of Multon Lumbud, Esq. In Cork, Captain Mayne, 99th Regiment, eldest son of Colonel Mayne, of 13oulney Cnurt. Oxfordshire, to Charlotte, widow of R. M. Borland. Esq. DIED. Rev. John Raynor, AL A. Vicar of Tamerton Follott. At Havant, Hampshire, in the 75th year of his age, the Rev. Dr. Bew. At Furtwilliam, near Cott, Lieut.-Colunel Wm. Massy Baker, But India Company's service. At Mountpleasant, in the County Welfurd, Sophia, wife of Captain St•Quabe, Royal Navy. Ac Blackadder House, Thomas Dovetail of Rlackadder, E.g. and, on the 12tb, at the same place, Mrs. Boswall, mocker of that Gentleman. Hltin-*ATER at LONDON•BRIDGE TO :1101tHtoW Morning 12 minutes atter 12 Afternoon 83 minutes after 12 • Larson Printed and Published by Jona Piers, at the Nall' Orrin, No. i, Pickett-place ,Tenipk Bar. "-: