The Statesman. — London, England, 1821-12-19 00:00:00

.~ rllt " e7 "" At -r•• s yner• ie Emperor, a n d ved on the 2sth. e reviewed th e , ute o f Ki ev to ire now makiilir on account of we have eon we could col- Ns of the new ange, th e o h m ieved from tho ind one of them inary lanoage, what is them' en the principl e , of the Go vern . ill carry th e i e already done, !sir to have given The reading of he Liberals with rojct fur the re ed to restrain the it another projet Journals. What must wait tpaee the advocates 1f from the lan :y" (the new Mi have done, they leir 'pledge, which I hoot the bun& for ytio, but we lir Own 11011114 e. as it may he cor.- pniitirians under Ili• trioper of the only floreivP the IrEadiy began to ►n+trr.c•tionr bare of the Addroxi opromise of tie is now h‘t Frmire should aly, but bare pre. ria by that event s;toie manner iris of even 'y ? , ignify such an as o ay defend or piece theliorern oder the principles herstlf o-f °ppm meat. s►licale, we appre• re by the " Crown lotted the practise unify arch men as ) bad inewrted canted and valid rg jag lox, " Ju.i . n ,r hem ;—but , t) the Crown ►vu!ce the iliarity .Icing that Messrs. v►:n, shon!d have Ift eareeration anti • area serions Pa rte defenders of the " begging rid in good earnest; pie, be it said, few r the contempt of Inring their names Hurd" and son►r half be ~ncmous ri;rnaigref• sgLi.ls (neither of lisire*.es of a pour Ute f to a SUbSCriti" to one of 31. This t tileni in a (Wails for them rife% however, that on4ider this " Beg- Aiiud the scenes de to the dire necessity feint to deceive and unseen co-aii,:lutors? Lbonds will, in time+ an bile gull the pub sm ; but the day is not their foul calumnies authority, and their obscurity. to a criis which its giirrO rear•on to 1 that. the furor' of e proceeded to such ail with j.ky any rs.- cersisequeeers. Yrs the Massu.it.a:kus itt ut aly;eiset,ikko that , y to avail Linkself 4,f luriuttat hintiled is tr.tler his iron L'uti=jo.kre-a,cl aro, and aware ti at it Hill be Y . ,„*.ouru politic, in order to Ise enabled to pursue tattier towards the Greeks, than, assist objects, to act liberallg them in order to enslave them. He kiows that it is such easier to subdue the body than the mind, and s that it may therefore be his interest to conciliate, not to conquer. Shou'd be adopt a generous course, he w ould find hisoielf at ones popular and beloved, and the Greeks would hail him with gratitude. But any attempt to introduce Russian slavery will rekindle former recollections, and lead to a protracted war. Alexander is no novice, he is fully aware of all this, and we consider bits shaking off the trammels of the Unholy Alliance, is preliminary to a connection with 'the Greeks. He may think it practicable to receive assistance from them in prosecuting Ms' designs with T igard to the navigation of the Mediterranean, while en asses with Persia will open a short road to the treasures of the East, after which he has long sighed. __„______ yesterday the Duke of York held a Levee, at "the Horse Guards, which was attended by about fatty Military Officers—principally those upon half pay, who, it was understood, were anxious to get em ployed in the three Veteran Battalions, amounting to *tree thousand men; but it is understood, there are ao officers necetsary now, there being more than are wanted of those of don lialf-pay, who were called into iltrice in the Veteran Battalions near two years since. is coafidently stated that Lord Melville has ex- Apnoea a deterntioatiou net to vacate the Admiralty; kiltat Lord Londonderry is to be ralloi*iti the IFlesseoof Lords o sad that Mr. Peel expects+, id* the had in the Hoes* of Commons. Ministers think that the talents of this Gentleman la enable them to dispense with the services of Mr. thinatng ; and there is DO reason for suppoultitr Ita; a 16.41 estimate of thest.calents it formed by doe expectant leader himself.—.(Moraideg 'roisicle," (.'/1 r. ~) We ono:erstand, that two vessels are fitting out ttt )11roolwich, by orders of Government, which, it is in :;teeded, shall shortly sail for the Gulf of Persia, oa a Garvey. The passports made out for France in **present . year do not amount to one-half of tHose greeted last year. The fear that the Spanish fever might cross . ' the Pyrennees has prevented the usual now of valeta }' I Aurigae from visiting the South of France, • - The following Report upon the Northumberland , :Bank was published in the afternoon of Saturday last, 1 .1101 Newcastle : g... " The Committee invited by Sir Francis Blake, Dart. 1 "Reeds and Co., to receive a Report of their Affairs , pre -mired for their Inspection by Messrs. Was. Lorene and , . Joseph Lamb, are of opinion, according to the niosute ,k. i atatessent suhusitte4 to them, that the wisp* are pow gr. lessed of ample preipitty to satisfy all demands upon Ahem" S• • is consequence of opposition among the coach pro prietors of Exeter, the fares from hence to Exeter and London, have been this week reduced to a few il hhillings ; but to-morrow the Safety coach leaves tiifftakley's Hotel, at seven o'clock in the morning, at any or no fare, just as the passengers choose !—Break- Tast will be provided at Weakley's in the morning ; Inach at Boss's, Seven Stars, Tautest!, in the fine r meem;a n n o ddinn ape dinner sad wine at Congdon's Hotel, Em ote', on the arrival of the catch—without any charge I ...(pirulh p 1 • . In complance with this notice, Mr. Congdon,. we I understand, provided a very handsome dinner, over t f which was exhibited a placard to the following effect: —"J. C. et ill feel obliged by the parties partaking of this.—N. B. All free—shall he glad to tee our friends again to-morrow." This is doing the business gen teelly ; we admire their generosity, and recommend other proprietors to follow the example ; they will then, in these times, have no occasion to travel with (Ivy coaches—(Alfred.) Coen-Excitaxec, Dm 19.—There has been more detnand for old Wheat thin we have had for some time past, and more sales were made this morning; but the inferior descriptions and new Wheats continue as dull as possible, and to effect sales to clear the vessels, very low prices were submitted to.—Prime Barley sold treety, but not at any improvement in prices. The stained and ordinary qualities at from 16s. to 18s. per quarter.—ln Beans, Peas and Oats, there is no alter ation from Monday's quotation. Thurs)ay night, the stores of Messrs. Pilswortb, t near Mullingar, with a considerable quantity of goods. t were burned tb the ground. It is feared the fire was • occasioned by incendiaries. t On Sunday se'nnight, about ten o'clock at night, a fire broke out at the serge-manufactory of Messrs. Fiwortity, at Westford, near Wellington. So quick was the progress of the flames, that in less than an hour the whole of the premises were burnt to the grouse], and, from the suddenness with which the fire broke out, not a single article of any kind could be preserved. At nine o'clock in the evening, one of Mr. Uworthy's sons walked round the manufactory, and ' then found all safe. The premises, we regret to state, were not insured for a fourth of their value. Yesterday morning at day-break, a servant in King ston, having occasion to go out of doors for a minute, was much startled at her returr by observing a pair of legs below her bed. As the family, consisting en tirely of females, were sleeping, she with considerable presence of mind paid no attention to the circumstance, but calmly went out again and locked the outer door. She immediately gave the alarm to the neighbourhood, when a messenger was dispatched for police officers, who on arriving soon dragged the culprit from his biding-place. He was found to be an old offender, just discharged from Bridewell.—(Ginsgow Courier.) ROBBERY EXTRAOSDINART.--JOllO Fish, a cow keeper, residing in Thornton-place, Quebec-street, New-road, applied a few days ago at the Police Office, Hatton-garden, for a search warrant, under the follow ing circumstances. He stated that he bad been robbed of 601. in bank-notes, which were deposited in a salt cell's- in the cupboard, together with forty shillings in silver, hut that the latter was left, and he suspected they must have been taken by some lodgers. The war rant was granted and two officers dispatched to put it in execution, but previous to making the search, they went to see where the money and notes were deposited, when it struck them that it was strange the money should be left, aqd after tearing down some of the wainscot, and stripping up some of the' floor, at the extreme end of the room, in a moose's nest, they found one 104 note much eaten, and the rest reduced to fragments to line the nest, so that nehlter name, date, or number could be traced. errA. DISTURBED DISTRICTS IN IRRL4ND. • WATMORD. Dec. 15.—With infinite pain we Ind that the * faithful discharge of duty compels us to mention the posting of inflammatory Notice! is se• ceral parts of the. County Waterford. We cue assure the public, that in this County, in this City, and in the Coesty Kilkenny, the Magistrates exercise the most exemplary watchfulness. Yesterday, as a mea sure of superintendence : and at the invitation of the Right Worshipful William Murphy, Esq. Mayor of Waterford, a Meeting of neighbouring Magistrates took place in the Town liall. They entered into the following Resolutions : Resolved—That it appears to us, that immediate pre cautions ought to 'be taken to prevent this City, and its vicinity, from being aNeeted by the disturbances which at! resent prevail in some of the neighbouring Counties. Resolved—That the publicans ef this city and neigh bourhood, be directed to shut their houses at the hour of eight o'clock in the afternoon, and not to open them till six in the morning. Resolved—That we are determined to cause to be ar vested, and brought before us, all susicious strangers, to be dealt with as the law dirertg . <Waterford Mirror.) under the cireumstances of the present case they had given as much proof as the nature of the case would admit of.. ' The Learned Judge agreed with defendants' Counsel land lefethe within to the Jury, adding, that if they believed that the notes were in the possession of the defendants at the time of stoppage of the Bank, they ought to find for the defendants. The Jury retired, and after ten minutes' delibera tion, returned t verdict for the defendants, with six pence costs. MAJOR ANDRE. (The following anecdote being communicated to ns by a respectable correspondent as original and althentic, we have no hesitation in giving it insertion, though we entertain not the opinion of the narrator relative to the Cause in which the unfortunate Andre sacrificed his life.) It is not, perhaps, generally known, that two peach trees were planted over the grave of the unfortunate Major Andre, shortly after his interment. In the year 1816,Mr. uro Johro. nu nFra well scr, a gentleman well {mown in the Botanical pursuing his researches in North America, and atcidentally put up at the house of a Mr. ,swith, at Tap The following narrative, as related itry himself, may not prove uninteresting :—" Having travelled," sajil he, "a great many miles through a rough and uncultivated country, completely drenched in rain, and inyArts soaked by the stagnant water in the .. clitelies I he wade through, I reached, late at night, the residence of a Mr. Smith, at Tappan. Being ex cessively fatigued„l requested that I might be accom modated with a bett as early as possible, as also a glass of spirits and water, which was essentially necessary to avert the effecti of a cold I had too much reason to fear bad already taken hold of me. With the assistance of my kind host, and after a considerable deal of pain, I succeeded in getting quit of my wet boots ; but the stockings had adhered so closely, that the blisters on my fait burst, and the skin followed every attempt to get rid of them. Having bathed my feet in warm water, and partaken of the homely cheer the house afforded, sleep, which bad been a long time a stranger to me, now sat heavy on my eyelids. I wished to re tire, and ascended the stairs with much difficulty, when I was ushered into a room about fa-dye fret square, in one liner of which was a bed which I viewed.with rap re s es promising to afford me that repose which I au much needed. IV bile I it as un dressing, mine boat entered into a brief conversation on various 'subjects connected with the local pecn• liarities of the place, and informed me that the remains of the unfortunate Andre were deposited a short dis tance from the house, and, added he, this room in which you are to sleep to-night, is the same that sae occupied by that brave and noble-minded man, the night preceding his execution. With a mixture of surprise and horror I surveyed the apartment, beheld every ob ject with the greatest veneration, and could scarcely divest myself of the belief that the spirit of the unfor tunate Andre was still pacing the room. Sleep, which was before so very ntptessive, now forso tk toe. The pain I suffered in usycjegs and feet was quite forgotten, and nothing bgt peer Andre occupied my thoughts. I laid myself dote , t passed the night without once closing my eysi. t arising in the morning at the 'Gni oftlitailitaV th elfin. to call met 1 beard big footsteps as he ascended the stairs ; a chill of horror ran through me ; the blood froze in my veins ; and I exclaimed involuntarily, Oh I Heavens, what 'mist have been the feelings 44 poor Audit', on hearing the footsteps of those approach who were to lead hint to an ignominioas death ? The tears flowed from my eyes. Smith knocked at the door, but receiving no answer, rushed into the apartment, and inquired if I was alive. Finding me unable to get up, he sent a bason of bread and milk, of which I took but a very, small portion. Fatigue, want of repose, and anxiety of mind, had nearly proved fatal to me. I was seized with a violent fever, which continued upon me several days, and confined me to toy room. When in a state of convalescence, and as soon as it was considered pru dent for me to walk out, I visited the grave, and per ceived that two peach trees were planted over his re mains. Evincing a great desire to possess one of them, with much entreaty, and by the help of the last dollar I possessed, I was fortunate enough to obtain the ob• ject of my wishes, which I shortly after packed up, and sent to England. It is now in full vigour, in my own nursery, the admiration of the frequenters of Ramsgate, and an object of great veneration to all who value the memory of a man who fell a sacrifice to his seal for his country's service." A lIINT ON TILE EMPLOiMENT OP THE Pona.—A short time since, the parish of Mayfield, Sussex, had upwards of 130 unemployed persons applying to the overseers for work; upon which the overseers made application to the trustees of a tnrnpike road leading through the parish. for the lowering of s steep hill on the road, which the trustees agreed to, upon the con dition that they should pay one-half of the labour, and the parish the other. By this means the por fellows are now employed ; and the pnblic will derive great benefit by the levelling of the hill in question. Many dangerous hills on turnpike roads might be lowered, and valleys raised, by similar means. UNFORTUNATE thla LARGE NOSES —The Stafford shire Advertiser of last week very gravely gives the follo..ving notice :—ln the night of Thursday last, a man of the name of John Williamson, a journeyman tailor, who had worked upwards of three months for Mr. Vernon, of Newcastle, decamped from his lodg ings, at W. Hollins's, clock-maker, of that place, and robbed the bowie of various articles of wearing ap parel.—He said he was a native of Chester,—is re markable for a large nose.—We wish this notice of the circumstance may lead to a detection of the of- I fender. On Saturday last, Thomas Robins, Esq. while sport. ing in the neighbourhood of Tavistock, having shot i at a rabbit, which he wounded, two of his spaniels were so eager in pursuit of the animal, that the rabbit and both dogs, in skirting an old tin shaft, fell in, a depth of 14 fathoms (t 54 feet.) A miner was imme diately procured, who ventured down the shaft by a rope, and, strange to relate, found one of the dogs at the bottom not in the least injured ; the other dog was wising, and is supposed to have escaped in an atilt leading from the mine. The rabbit was dead.—(Sher borne Mercury.) ".."- - golo pit J. 010. P UUILIS.V IRTWEIN SAMPSON (DUNOIMMITSD Tlll IMININGNAN YOUTH) AND •ISHOT, WHO RSCRNTLY DUEATED OLIVER, FOR 501. MUDS, AT MOCILLT HURST. —mow— Tbe =midair being extremely fine yesterday, a strong muster of the fancy assembled on the shove spot ; and when the office was given to cross the water. thepressure of the crowd was so great, and the lads so eater to get . upon the Hurst, that some of the boats were neatly up set, so many persons rushed into them. in spite of the entreaties of the watermen. Several of the kids got a decking; but it did not cool their ardour, and the ring was obtained in spite of wind or weather. 'floe Bir mingham Youth was the favourite.6 and 7 to 4, an idea being entertained that his good fighting would tiring I him through the piece; more especially as a report had gone forth that Abbot had trained under the auspices of .11/r. bushington. At a quarter past one Abbot appeared on the ground, with a blue bird's-eye about his squeeze, and threw his hat in the ring; and his countenance in • dicated the most perfect confidence; he was attended by Spring anti Shelton. The Birmingham Youth. followed by Randall and Tom Jones, also shied his castor with a confident air, with Randall's colours, green, round his neck. Round 1. On stripping the appesranre of Abbot al together reminded the snectators of Tom Cribb in his early fighting days; and it was ecii!ent a little panieh went would tof reduce Lis n a hood. The Youth was in excellent condition ; indeed he asserted that he was never so well in his life before. On placing them selves in attitudes smne little pause occurred ; but they both rushed into a close, and from the eagerness dis played to mill each other, no mischief took place, anti they were both down. 2. Abbot heist up his arms high in order to protect his nob from the handywork of his oppponent; and this manoeuvre hail the desired effect, Rs the Birmingham Youth did not show off in his anal style. This round was similar to the first. nothing material: hat Sampson went down from a slight hit. A dicey from the cosier mongers, and " Bo along, Bill." 3. Sampson on the look•out to plant some nobbers, but the firm guard of Abbot um not to be broken ; the hit ter put in a left-handed bit on the throat of Sampson that sent him staggering ; he however returned to the charge, when a long pause ensued : Abbot rushed and administered some pepper ; Sampson exchanged a hit or two, but went down ; and Abbot also fell fro% a slip. The odds had now changed, and 7 to 4 on Abbot. 4. This was a short round: after a struggle at the ropes, Abbot got his man down, and in falling his knees came heavily on the Youth's b o dy . The Westminster boys again Merging, offering 2 to I. 5. Abbot commenced fighting, and planted elm or two heavy hits ; the Birmingham showed fight, but he went down from a blow IA the middle of Ms head. Loud shouting; and in the extacy of the moment the cabbage plant heroes offered sto I, chaffing, it was as right as the tiny,' and the Birmingham ware must soon be dis posed of. 6. Abbot went to work without delay, and the result was, that Sampson received a hit on his face, and he dropped down on his knees. " It's all up, he's going;" and 2 to 1 current betting. 7 to 20. To detail these rounds would be uninterest ing to the amateur; it is true that the Birmingham cons silenced several rounds well, and bad the best of them ; bet Abbot always finished them decidedly in his favour. 21 to 311. In the 27th round It was so much in favour of Abbot, that a distinguished sporting than from New market offered a guinea to a bottle of beer, and no taker appeared. 31 to 38. Sampson did all that he could to reduce the strength of Isis opponent, but in vain ; he now and then put in a good nobler, but in general he `napped two for it in return. 39. Sampson made a desperate effort, and hit Abbot down.—(Thunders of applause.) 40 to 43, and last.—ln all of these rounds Sampson was severely punished, and thrtast.blow of his bead finished him. He was insensible to the call of time. The battle lasted 47 minutes. ORIERVATIONI. — If Abbott is only a half-bred one, as he is termed, vet it will take nothing else but a very good man and alseavy hitter to best bins. In no singe round ball Sampson the best of it, although he exerted himself to the utmost to obtain the smiles of victory. It is rather singular to state, that except with Dolly Smith, the Birmingham Youth has lost every battle, while, on the contrary, conquest has crowned the effarts of Abbot in every combat. The latter possesses a tole rable knowledge of the science, and left the ring with only a mark under his left eye. The Birmingham was severely punished. The above battle had not been over a minute, when nearly the whole of the Fancy were beat to a stand still ; except a few who endeavonred to bolt, but who fie verthelels could not get away from the effects of the " pitiless, pelting storm." A few Summer eabtairts were hoisted as temporary screens: but it was only like laughing at the matter; and the gusts of Old Aortas were so violent as to dispossess their proprietors of this momentary relief. Hundreds were seen scampering to get under the waggons to avoid the hail-stones, and flooring each other only to obtain half an inch of *ll4 • ter; lots looked like drowning rats, their clothes stick • ,' in to their bodies, as if they had been pasted on, while a few of the Corinthians in post chaises, were laughing at the ludicrous scene, and blessing their happier stars, at the comfort and advantages derived from the posses sion of the blunt. But at length the Fancy rallied, showed game, and Brown and Lenney were called upon to fight for the stakes of 251. aside. " Never mind," said an old cove smiling, " it is nothing when you are used to it—you cannot be worse if you were dipped into the Thames, and we have one advantage left, if this should prove a long fight, as the wind is high, we shall get dry before we leave the Hurst, without quarrelling to get at the fire-side in Hampton." The amateurs now, s tood like bricks and mortar , to witness a long fight be tween Leriney rod Brown, with alternate rounds in each other's favour, and which, after all their patience, ended in a wrangle, from a foul blow, and the battle was decided for Lenney. Both of these little ones were severely pu nished. Kendrick and Acton were milling nearly in the dart-, when our informant left the.ground. The Gas-light Man was oo the ground, as cheerful as ever. PEDESTRIANISM.--A journeyman miller, for the trifling sum of 50s. was matched to walk two miles in 20 minutes, which be performed with ease in 19 mi• • notes, near the Four Ashes public-house, on the %Vol verhampton.road, on Monday last. The same man has been known to walk a mile in nine minutes; and we hear he is now matched for a considerable sum to run one mile, over the same grountl,"liome day during the Christmas holidays, against a noted Pedestrian in that neighbourhood, and that on this race much money is depending. It is said the miller cau run his wile in less than four minutes.—(Sto(Jordeltire Adecsiiacr.) Monday evening the house of Mr. Travers, Easton place, Euston-square. was broken into, and the but ler's pantry robbed of about 4001. worth of plate. with which the robbers got clear off. They left behind them a chive], crow-bar, phosphorous box, and a short ran P. s tick about ten inches lung, with a pound of le serted in the upper end. !;.1 • 1 FRESH OUTRAdES. About three o'clock yesterday. as Joseph Fitzgerald, son of Edward Villiers Fitzgerald. Esq was riding on the high road leading through Cahireeny, in the Parish of Kildimo, he perceived a man with his face blackened inside the road wall with a short gun in his band; the man fired at him, but fortuns*ly missed him. when be tintly rode ot The Pollo o ;oned !at Paleame misinAnsediate seitecit itittlitte could Pt lopitielligenee YeStetdirall•oolo.4lbOtt six &cis& Lleitthait Morris ail a party of the Ballylongford corps pro ceeded col farm in the neighbourhood of Ballybunios. to distrait some cattle, under trarrant of' Magistrate, and a report being circulated through the Fair at Tor bert, that this party were attacked and fired upon, having reached Capt. Robert Leslie, who, arcom panied by Wm. Lindsay, Reg , Mr. Kittson, and a party of the Tarbert Infantry. yet off instantly to their auk ante, wl el they met them at Astee, returning after boating off upwards of a thousand people, armed with scythes, pitchforks and stones, killing two men, one woman, aid wounding several others.—(Limerick at-tweak.) MURDERERS OF MAJOR COWS. On Thursday last, Walter and Richard Coppinger. (father and son), who ate charged with being two of the principals concerned is the murder of the late Ma* Coil es mr."4, spratpied twit.; 7-- There are sow, airlt r Uo the portupt and persevering exer tions which been eo generally put forward on this melantboly occasion, six persons in custody, charged as being p irticipators in that atrocious outrage. littatzsmv. Vac. 15.—The alarmists have been la bouring in their vocation in Dublin as well as in the country. To the thousand and one rumours relative is the disturbed state of this and tither counties, which have all been proved to be fabrications in their turn, we have to add, that Dublin was to have been sacked last Saturday night by an invisible army of 80,000 men ; but a trench three feet deep, and one foot wide. having been dug at the site of one tf the intended barriers, the formidable foe was so thoroughly terrified that the night passed off in the usual tranquillity; the trench was tilled on Sunday, and the order to erect harriers has been countermanded. We are sorry to leas. lortexect that iettettia3l46osMAitsiisei 4 4- frightful beads in different parts of the country. As , an efficient force they are absolutely useless. As an irritating body of exclusive loyalists it will be a mira cle if they be not the cause of much affliction to their country.—(Leinster Joornal ) NE WPORTS' L. 111; If.II'EtIFORD BANK. IMPORT INT DECISION. COURT OF KING'S BENCH, DrniaN, Dec. 13. Before the Hon. Judge BURTON and a Special Jury. JOHN HARRIS AND THOM IS 51F.AGHICR, JUN. ASSIGNEES OF SA3IESI. NEWPORT, A BANKRUPT, AND JOHN NEWPORT, PLAINTIFFS.-THOMAS PROSSOR AND JOHN PROSSOR, DEFENDANTS. This action occupied the entire day, and was brought to recover 9411. 15s. 6d. being the balance of an account due to the late Newports' Waterford Bank by the de fendants, to which they pleaded a set-off and pro duced the notes of the late Bank for an equal or greater amount. The Act of Bankruptcy of Samuel Newport, the Peti tioning Creditor's debt, and assigntnent to the Plaintiffs of the Bankrupt's estate, were duly proved. John Carroll, book-keeper to the late Bank, proved the balance to be due at the failure, which occurred on the 6th June, 1529 ; believed Bills were collected by the runner of the house the day or two after the stoppage never heard the defendants came to the Bank to offer notes of the house in payment before the late Mr. Wm. Newport was buried. William Edwards was Cashier to the Bank, knows defendants; they had an account with the Bank; saw one of them on the Bth or 9th of June, 1820, two or three days after the stoppage, at the Bank door; de fendant bad, at the time, a bundle of notes in his hand, that appeared bulky, which he said were New ports' notes, and which he tendered i■ payment of his account; witness did not feel authorised to take them, until he had Mr. Samuel Newport's directions. Wit ness went in to Mr. Samuel Newport, and told him of the circumstance; Mr. Newport refused to take the notes, or let Mr. Prossor into the Bank. The runner of the Bank, Mr. Galway, brought in Newports' notes for three or four days after the stoppage, in payment of bills : believes the notes could not be purchased in Waterford for lees than full value, for several days after the stoppage. If the death of Mr. W. Newport had not occurred, believes the house would be kept open, and the notes paid. Lodgments that were made on the day of the stoppage were returned to the de- positors. Dennis Denny knows the defendants for nine years ; they keep no clerk in their office ; occasionally they keep one in their butter and corn stores. Counsel fur the plaintiff relied, that there ought to be positive proof of the notes having been in defend ants' possession at the time of the stoppage, and that oxai probaddi of snch facts lay on the defendants, and averred that no proot to go to the Jury had been wade oat. Counsel for the defendants cited several cases to •hew that presumptive proof ;sae sufficient, and that -<,,_ a