The British Press; or, Morning Literary Advertiser. — London, England, 1826-08-16 00:00:00

India" are derived from the following principal sources, namely, land and saver revenues of their territories in Hindeostan ; (monopolies of ) the salt and op' sales ; customs, allot duties, and profits, stamp duties, Post-office collections, subsidies, and tributes, (as from Mysore, Tra vancore, Cochin, &c.) and other items of inferior moment. Of all these, the principal source of revenue, beyond com parison, is the land-tax ; and this is collected upon the im mense class of native cultivators. It has long been a much mooted question—" in whom the property of the soil was vested at our fine coining into India?' At that period the predominant power, which bee since leen termed, and " the Pa la of India, was poaseased not unaptly, and exercised by a 'Mohammedan dynasty; the fierce bat splendid race of conquerors. which has given to the most beautiful country of Asia so many Emperors and Zsmorins, and which has perpetuated the fame of her Mogul, maims from Titnoer to .knrengzehe. There germs butliule doubt, however, that the prope. ty of the soil was recognised, even by those despots, as in the Ityot, or culti eaten, who held his lands, indeed (as all subjects must utitler a purely despotic government), at the will and pleasure of the supreme tyrant ; but who had vet the I power to dispose . of, sell, bequeath, or transfer them to I other hands. This Isrud-tax, which, under the dominations I just mentioned, amounted to an average charge equivalent to more than one-ball of the gross produce of the land, or to GO per cont., war collected by a certain body of revenue cfficers, denominated Zeinindars, who received, as their reNvartl, one-tenth part of their collections, the remaining nine-tenths being remitted to the Imperial Treasury. It is well known thavin the year I leo Lord Cornwallis, then Governor-in-Chief of British India, introduced what was ce lled a " penneeent Z.mindary settlement," which had th e effect or aocamplinhing one of the snort exten sive and perhaps unwarrantable revolutions of properly ever sustained by any people under an enlightened govern ment. It transferred, at once., the whole of the land to the Zernindars (the hereditary revenue officers of the Mogul Princes, and converted the Ryots into simple cultivators, who were obliged to beg leases of their own fields from this newly-created landed interest; while they, the Zemintlars, were, in t ip ." ' turn, rendered responsible to our Govern ment for a certain, permanent, settled rent-tax or revenue, on account of 'such lands. This was the case with the provinces of Bengal, Behar, Orissa, &c., in which the rent tax still amounts to about SO per cent. on the gross pro duce! The Indian Government at first indulged the prospect of farming the main branch of its revenues at a higher rate than it had ever previously realized ; hut the Zetninelary, unable to make good their own stipulations, were thetuselves ejected from their estates, and made room for such as became the purchasers of the property. In short, a ruin as rapid and complete as that which had wrested their hereditary fields from the Ityots, now over took their successors ; anti the real landed interest of India is at present represented by a few natives, once servants of the Ilonourable Company s own Officers, and in every respect precisely of that class and character whom it was one of the favourite objects of time Zetnindary-proprietorship scheme of Lord Cornwallis to exclude from the tenure of lands within its territory. But within the Presidency of Madras, the enormous evils of this immoderate assessment are still more palpable and indefensible. There, the Ryot warry arc subjected to what is called a " temporary settle ment." That es, the unfortunate cultivator never knows beforehand the amount of the tax he is to pay ; but it is assessed annually, or otherwise periodically, upon the produce of his crops. While, on the one hand, even the visitations of the elements scarcely entitle him to a mi serable deduction from the quota lie should contribute; on the other hand, no excess or abundance of his crop brings withlt much advantage to him; for his assessment—itn moderate in the first instance—immediately rises in propor tion to the increase; and, as if the measure of their misery was not yet full, the whole community of a village or dis trict is made liable, under an extra-assessment, to any de ficiency that may occur, in individual instances, upon the estimated amount of this rent-tax, as taken, probably, at the commencement of' the season, or while the crop was yet growing. Of all :his, the shocking result has often been that the ityot has been assessed at very nearly 70 per • cant. (serfrows,(ls to 65 .per veto.) en the gross produce of Lis land! 'That smith a system should engender all kinds of vexation, heart-burnings, and anger, on the part of the natives, is a necessary, though fatal consequence, which can excite no surprise. That the Honourable Com pany should be desirous of rendering this well-spring of their revenues as productive as possible is but natural, and their anxiety upon ibis head is even justified by the fact, that those among their collectors who have most increased it, as Mr. Trent and Mr. Ross, certainly levied it on the mildest and the most considerate principles which such a scheme of taxation would admit of. Now it Is demonstrable that in the course of four or five years colonization would increase this revenue beyond its present amount, relieve the Ryotwarry from about one half of their present burthens, and ultimately realize to the In dian Government an income immeasurably superior to that which it at present draws from its possessions. For since the agricultural implements employed in Indian hus bandry, and the whole economy of that husbandry, are of the rudest and most barbarous description,'" it is scarcely possible to anticipate the immense advance which must take place in the quantity and value of their crops, when the hundreds of thousands of acres of waste lands that are of the richest quality of soil, shall have been broken up by English agriculturists, and English capital and skill and en terprise shall have been devoted to their culture. The rental or the tax which the Company will derive from the lands so occupiel will be in proportion to their almost boundless, and at present most unprofitable extent. The Ryot may then be allowed to acquire and accumulate sowething like surplus crop and capital, without again lavmg more than half his produce swept away at one swoop to satisfy the demands of the collector. The free labour in which he will be invited to engage in the service of the Colonist will supply him with the unwonted w ages cf his hitherto desponding industry. The visible union of his interests with those of British neighbours. friends, and i imikrds„ will elevate Lim in his own respect, and stimulate the hottest exertions of his awakened spirit. Ile will rise in the scale of civilized society; and the powerful impulse thus communicated to his spirit, and the associa teins with which lie will see it accompanied—the fortunate alteiatlon of his condition, the protectlon of his powerful patrons, the equal administration of just and impartial laws, and the inviolability of his property—these will do inure to destroy effectually, though gradually, the ruinous institutions of castes, and all the political and religious su perstitions of his country that arc most hostile to the hap piness of man, than the exhortations of an hundred thou s eel )iissionaries, Mohammedan or Christian, Jesuits or I'r !!,ins. Let then India be open to British coloni ;: Anglo-Indians be admitted into the military and civil services, under such temporary limitations as may be deemed expedient—the Ryotwarry be thus re lieved—aud the permanency, the safety, the popularity, the power, and the wealth, of the British empire in Asia will be ensured and extended to a degree which the most sin,;:iine supporters of the present order of things there hive never ventured to anticipate. How much was to he acted, however, by a very partial mitigation of that vele lit favour of agricultural industry, the rapid success of the European indigo-growers in Bengal might have al ter:fly suggested to them. The particular districts of India in which these improv able and unoccupied lands occur—the various commodities that might form the staples of a new, extensive, anti flou rishing trade between certain ports or cities of the Penin sula anti various countries of Europe, Asia, New Holland, $ :c.—the most eligible stations for the establishment of laanufactoriel conducted by European hands—l shall take the liberty of indicating in the next and conclutling paper. BRITANN ICUS. THE BRITISH PRESS. MR. WAKEFIELD AND MISS TURNER. LANCASTER, MONDAY, AUGUST 14. In consequenceof his Lordship having, on Saturday, appointed eight o'clock this morning for the trial of Shorrock, and it being generally repotted, that it was the Intention of Mr. Wakefield's Counsel to twee the Court, that he be discharged upon entering into sufficient sureties to take his trial at the ensuing Assizes, fur the misdemeanour, the Court was crowded to excess at a very early hour. Immediate' after the rioters were arraigned, Mr. Sergeant CROSS, Mr. TINDALL, Mr. J. WILLIAMS, Mr. PARK, and other Counsel, engaged for and against Mr. Wakefield, came into Court ; and Me TINDALL informed his Lordship, that he intended to sub mit a motion, which, he understood, was to be opposed by the other side. Mr. Justice PARK said he could not hear the motion until the rising of the Court. At five o'clock, Mr. BROUGHAM, Mt. J. WILLIAMS, Mr. 'TINDALL, and Mr. PARK, eitmeagain into Court; and Mr. COLT as AN stated to his Lordship that indictments had been found this Assizes against E. J. Wakefield. Mr. Justice PARK said he could not, on a criminal charge, hear any motion until the parties accused were in Court, and had pleaded. Mr. TINDALL said, that with respect to E. G. Wakefield, he was now actually in custody in the Castle for felony, and it was every day's practice, when a person was committed for a felony, and "no bill" found by the Grand Jury, for the Learned Judge to order his discharge. Mr. Justice PARK—As the prisoner's name is in the calendar, I am bound to treat him as I would any other prisoner; and if he stands there now to answer all charges against him, the proper way is to have the charges against him read, and let him then say whether he is guilty or not, and then I shall be ready to hear any motion as to bail, or any thing else. Mr. COLTMAN—But we contend, my Lord, that Edward Gib bon Wakefield is not bound to answer the charge this Assizes. Justice PARK—But he is bound to plead. Mr. COLTMAN—We contend, my Lord, that he can imperle. Mr. William Wakefield was then called upon his recognizance*, and having appeared, was placed isathe dock. Mr. 'thNUALL said, it was not.usnal to place a person in the dock who was out on ball for a misdemeanour. Mr. Justice PARK having asked Mr. Hopkins if such was the practice, anti having been answered in the affirmative, o'dcrcd Mr. W. Wakefield out of the dock. Mr. E. G. 11 . eltefield was then placed at the her, and the Clerk of the Crown having read the Bill found against hint, asked him whether he was guilty or not guilty. 3lr. Covr max submitted, that Mr. E. G. Wakefield was not bound to eked at this Assize"e. He apprehended, that a party wad never bound to plead instanter, except in cases of treason or felony, or where the party was in custody for a misdemeanour upon pro cess. In this case no process had issued against Mr. E. Otbbon Wakefield, for a misdemeanour. Mr. Wakefield was now in cus tody for an offence, fur which no bill had been found, and therefote he was entitled to his discharge in that respect. With respect to the bill for a misdemeanour found at this Assize, against Mr. Wakefield, he would submit that Mt. E. Gibbon Wakefield was not bound to plead. In support of his argument, the Learned Coun sel cited Comyn's Digest, title " Indictment ;" letter I, title " verse." By the common law, it was clear that Mr. Wakefield need not plead to this indictment at this Assizes; and he (Mr. C.) knew of no Act of Parliament which interfered with that common law right, except fifith George 111. ,ihap. 4, white compelled a person charged with misdemeanour to plead, after he had been in custody, or out upon bail for two days, upon the charge. That Ace of Par liament, by using the words, " such charges," we rely, included the charges upon which the party was in custody, and could not apply to charges of misdemeanour (preferred against a man in cus tody fir a felony) at the Assizes, at which no bill for the felony had been found. His Lordship was aware, that the first committal of 31r. Wakefield was under the Statute of Henry VII. ' and that the indictment now presented was under the Statute of William and Mary. The injustice of calling upon Mr. Wakefield tg plead would be manifest from this circumstance, namely, that Mr. Wakefield might, upon submitting that indictment to his Counsel, be advised to demur, or to plead to some parts of it, or to plead the general issue. 31r:TorriaLt., on the same side, subMitted that it would be most hard to call upon Mr. %Wakefield, at a few days' notice, to re model his defence, and to procure the attendance of other witnesses, who might be necessary for his defence, in a case of misdemeanour, after lie had been so long engaged in arranging such defence to a capital charge. He, therefore, trusted his Lordship would beof opinion, that the 60th Om. 111. did not, in a case like the present, abridge the Common Law rights of the prisoner, and that his Lord shM would only call upon 31r. E. G. NI . to enter into recognizance' to plead to all such charges ns should be brought against him at then xt A ssises foe Lancashire. Mr. Justice PARK—You have said nothing as to Wm. Wake. field. I shall give judgment in both cases together. Mr. TINDALL-1 understood your Lordship that I was to confine myself to the case of Edward Gibbon Wakefield. Mr. Justice PARK—Let the officer read the indictment against William Wakefield. The Clerk of the Crown having read the indictment, asked Wil lem Wakefield whetbm he was Guilty or Not Guilty ? William Wetrefictd—.l leave it all 'teeny Counsel. • Mr. COLTMAN said, lie believed the indictment now preferred against 31r. W. Wakefield was founded upon the statute of Philip and Mary. Mr. J. WILLIAMS, for the prosecution—He is bound by his recognizances before the Court of King's Bench, to answer all charges which might be preferred against hint. Mr. Justice PARK—That is the condition of his recognizances, and I think, whatever becomes of Edward Gibbon Wakefield, ' Mr. W. Wakefield must plead, and proceed to trial. Mr. COLTMAN submitted, that the recognizance' entered into in the Court of King's Bench did not intend that Mr. Wakefield was to answer all charges which might be preferred against him at dies? Assizes. If that were so, he might be called upon to plead to a libel, or to an assault. Mr. J. WILLIAMS. on the part of the prosecution, disclaimed all zeal or anxiety to proceed to trial unnecessarily, but he thought the objection to plead rather premature. Probably, the prisoner would not be obliged to go to trial, but there could be no injury done to him by pleading. He considered that the objections urged by his Learned Friend did not apply to a carte in which the party against whom the indictment had been found was in custody. Mr. BROUGHAM, on the same side, said the prosecutor had no wi.i but to have every thing conducted fairly. Much of the argu ment of his Learned Friends might be spared, as the prosecutor did not mean to deny the Common Law right of the prisoner to traverse; but then there was this question, Was not that Common law right abridged by the statute of Geo. 111. or, at least, was lie not bound to plead now that lie was in Court ? Mr. Justice PARK said the usual course was, for the accused, upon a charge of misdemeanour, to be arraigned to plead, and then to be asked whether he would traverse, or be tried. Mr. litt o u &DAM thought it too much that 31 r.Wakefielel, being now in custody, should not be compelled to plead, and then tell the prosecutor se hether or not it was his intention to go to trial. In point of fact, the prisonet had had sufficient notice of this indict. ment, fay the only difference between it and the indictment which might he preferred f o r the capital charge was, that the word " felo niously" would be in one, but not in the other. It was, therefore, idle to suppose that the prisoner could be taken by surprise, by being tried now instead of next Assizes. Mr. COLTMAN said, their object in making the motion was to avoid falling into errors. They could not gain any time by defer ring to plead. because, whether they pleaded now or not, they must go to trial next Assizes. Mr. Justice PARK—Are you ready to try the other gentleman now upon both charges ? Mr. TINDALL—No, my Loral; not upon the second indictment. Mr. Justice PARK—As he is bound to answer " all charges," I think his recognizance's will be forfeited. If lie don't appear to answer, he must pay 2.000/. for himself, and LOOM tin his bail. Mr. COLTMAN having been heard on behalf of Wm. Wakefield, against the second indictment for the conspiracy, Mr. Justice PARK—What difference can it make to him to be tried now instead of next Assize, ? Mr. COLT MAN said, they stood upon their right. The patty ac cused wished to postpone it, and he, of course, knew best what be etit could be derived from the delay. To the second indictment, . 1 ;e thought it quite clear that the defendant, Mr. Wm. Wakefield, ould not he called upon to plead as he was not in custody, and therefore the argument urged in the other case could not be cc tsorted to here. Mr. Justice PARK.—But Lc is under recognizance' to answer all charges. Mr. TINDA L L.—YeR, my Lord ; but I ealimit that the true mean ing of these recognizances in the Court of King's Bench is, that he will answer at these Assizes all charges of misdemeanor which might be prferred against him in due order of law. Ile (Mr. Tindall) submitted to his Lordship, that as Mr. Wakefield had a Common Law right to impaLle, of which the 6thlt Geo. 111. did not deprive him, the recognizances entered into in the Court of King's Bench could not be construed in such a wry 85 to deprive the prisoner of a Common-Law right, which an Act of Parliament, passed for the regulation of such cases, did not interfere with. Mr. PARK, on the same side, said that with respect to the genera words used in the recognizance' entered into in the Court of King's Bench, he should merely observe, that in giving sureties before a Justice of the Peace, to appear at the ensuing Sessions, the wools n't extensive those in the recognizance now before the Court. were as extensive u ti... but it never could be inn CIVIL TRIBUNAL OP THEfIRST INSTANCE AT PART! . A trial on the subject of a new species of chocolate, which has received the title of Chocolat-Voltaire, has lately afforded consi derable amusement to the auditory of the Civil Tribunal. The fol lowing is an outline of the case . A few months ago, Monsieur F. de St. Ir., a gentleman and a man of letters, called upon Monsieur D., a manufacturer of cho colate. •• I have discovered (said he, addressing Monsieur D.) a certain means of Taking your fortune and my own, if you are wil ling to co-operate with me. All the world knows that Voltaire re ceived from nature a singularly frail and delicate constitution, which his habits of study, and close application, tended still further to impair. All the world, too, knows, that notwithstanding his ns. final delicacy, he attained the great age of eighty-four years : but the world is not so well aware of the means which he employed for the prolongation of his life, or that he was indebted for his longe vity to the breakfasts which he made of a mixture of chocolate and coffee. I know the fact from the best authority (continued Mon sieut F.). Monsieur Mercier, the author of • The Picture of Paris,' was an acquaintance of my father's, and an intimate friend of Voltaire's : he was often present at the breakfasts of that great man, and has frequently assured my father, that Voltaire always kept by his side a cup of coffee-chocolate, or chocolate-coffee. as you may please to call it. See here, then, a brilliant speculation, founded on an historical tact ! Mix together immediately eon. veaient quantities of coffee and of chocolate ; we will call the com pound Chocolat:Voltaire. You can pay me, in the first instance, a small compliment, for the happy idea which I communicate to you. You sill of course bear the expense of the materials, the manu facture, end the sale t but with respect to the celebrity of our dia. ailale. and the enthusiasm with which all stomachs ought to be in. spired for so sublime a discovery, I, as a man of testers, will make I that my business. I will compose advertisements and petspee fuses, which shall act forth its merits, and which we will take care to distr.-lee. particularly among persons of a delicate constitution, like Voltaire. Besides, I have an extensive connexion among the editors of the r.ewapapers ; I will let them taste the merit Moue invention, and, by prelim st‘a few pounds of our chocolate, prove to that, beyond demonstration, the great superiority of our cho colate above all the chocolates past, present, or future. You shall hear the concert of encomium, with which their pages will salute our composition : these encomiums will be repeated in every draw. inn-mom and in every kitchen ; and as this age is at once phi losophical and sensual, the whole world will run after the Chocolat- Voltaire, the cash will flow fast into your coffers, and, as I am ge nerous and disinterested, I ask but a trifling fraction of your enor mous profits : let me have fifteen sous for every pound of chocolate which you sell." This was a tempting picture ; the worthy Mon. deur never doulded the summits of the project, but embraced with eagerness all the proposals of Mr. F. Yive hundred francs was agreed on as the price of the suggestion, of which sum Mon aieur D. paid one hundred down, and gave security for the remain der : he also al oved Monsieur F.'s demand of fifteen sous per pound on the tale. The matter being thus arranged between the parties, they immediately set to work—the one manufactured the chocolate, the other its reputation ; puffs and prospectuses without number were ushered into the world ; the journalists, the friends of Mr. F., received and relished the new chocolate. One of these gentlemen (the Editor of the Pilots) carried his complaisance so far, as to condescend to taste it in the house of Monsieur D., who treated him with a handsome dinner on the eceasion. This civility on the part of Monsieur D. was repaid by a handsome arti. de in the Piloir, entitl.ll, ‘• Alliance between two great Powers, viz. Chocolate and Coffee." Du ties article, the writer stated that nothing was talked of in Paris but the Chocolat-Voltaire. and that crowds always filled the shop of Monsieur D. Monsieur 1). never• theists remained all the while in the most profound tranquillity ; be was neverdistwrbed by that crowd which Mons. F. had promised bias, and which the editor of the Pilot(' had descried from his desk, while taking his cup of Cliocolet.voltaire. During the space of several mot.tlita he sold but 20 pounds of this marvellous composi tion. Monsieur F. grew uneasy at the same time ; his profit of 15 Ms per pound fell snort of his expectations; he insisted also that he had not celebrated gratuitously the merits of the Chocolat-Vol tnire. In consequence he brought a formal demand against Mona. D., first for ills share in the profits of such a quantity of the choco late as he aticeivcd oug•it to have been sold; and, secondly, for a remuneration for his trouble in writing advertisements. &c. Monsieur Iravaux, the Advocate of Monsieur D., lamented that his client had been the dupe of his adversary, and declared that the Chocolat-Voltaire, in spite of its fame, lay dead in the ware house. With respect to the first demand, he said his client was ready to show his books, in order to prove the quantity sold ; and as to the second, he maintained that Monsieur F. could not seek any compensation for labours which he spontaneously undertook ; and besides that, he was sufficiently paid by the sums he had al. ready received. The Co I:1:T admitted the last point, and on the subject of the first demand, the parties were referred to an arbitrator. COURT OF ASSIZES, METZ• A case full of singular and amusing details, but of severe conse quences to the accused, was heard here on the 4111 of August. In September, 1824, Julie Terhoon, the widow-of-an of Seer, -sad _ _ _ - - . residing at Volmerange, offered to discover to the widow Ann Son tag, who is rather a weak-minded woman, certain treasures con eea!ed in the barn by the husband of the latter. According to the invariable custom of sorcerers, she demanded in the that place a considerable sum of money, the pretended object of which was, to have masses said for the repose of the soul of Sontag, who was still in purgatory. She also required that during the nine days of the search a crown-pieee should be left on the side of the trench, and that all the doors anti windows, as well as all tire chests and presses in the house., should be left open. Operations immediately com menced, but they were stopped on the fourth day by circumstances which opened the eyes of Ann Sontag. Madame Terisson had taken care to bring with her two companions; on the night of the 16th September, she found fault with the oil of the lamp, and per suaded Ann Sontag to accompany her, while she Nought for better. The oil was procured ; but the sorceress did not find it her interest to allow her companion to return too soon, so she led her to a bridge at the other extremity of the village, when a curious scene took place. "Do you see," said she to the widow Sontag, " those flames flickering on the surface of the water ?" " No, I see no thing of the kind." " What ! not see that blue flame alternately appearing and disappearing? That is the soul of your husband, which is still in purgatory ; we must immediately have masses." Sontag, however, was determined to return home, and on her ar rival found the companions of Terisson busy in the work of plun der ; the ahrM was Instantly given. The guilt of Terisson attd of her companions was manifest, and they have been condemned to suffer seven years' close imprisonment. A curious fact deserves mention. Ann Sontag, doubting some what or the possible success of the arts she was about to employ, went to consult the curate of the village, and at the same time to beg of hint to say a few masses ; the curate declared to her, as she deposed with great simplicity, that he could not answer for the suc cess of the search after the treasure, but that the masses could not fail at any rate to be of use to the soul of her deceased husband. The Tribunal of Commerce of Marseilles, in its sitting of the toth of July, decided a cause of great interest to operative manufacturers, and to all persons in general who are liable to suffer themselves to be seduced by the offers and proposals made by the agents of his highness the Pacha of Egypt. It is well known that in spite of the re gulations of the penal code, which still prohibit the seduc ing of French workmen for foreign manufactories, a great number of our operatives are every (lay engaged to work in those of the Pacha of Egypt ; but the result of these pro ceedings is less known. This is. that in spite of the .pro mises and the advantageous conditions by which they have been allured, when once arrived iu Egypt they are made to undergo a thousand vezetions, and a thousand attempts are resorted to to obtain from them a diminution of the prices agreed upon in their engagement, while eventually far dif ferent conditions are imposed upon them than those that were agreed upon previous to their departure. A great number of these workmen, unable to put up with the non performance of contract and their bad treatment, have re turned to France; they are now attacking the brothers Zi zinnia, Greek merchants settled at Marseilles (the same who have made themselves remarkable as the agents of the Pacha of Egypt), as being the persons who signed the agreements with them, for the injury done to their inte rest by the non-performance of the contract entered into by them on the part of the Pacha of Egypt. The Tribu nal of Marseilles has listened favourably to the suit of the Sieur David Vieden Roller, in giving damages against the house of Zizinnia. Several other affairs of the same nature are yet in progress before this Tribunal.—French Paper. THE ORACLE; OR TIIE INTERRUPTED SACRTFICE.— Mr. Arnold, the spirited proprietor of the English Opera House, has been peculiarly fortunate in his late importa- dons cf operatic music from the Continent, but more par. that a yyrNon, on Navin; entered • . . tagined ....-- ticularly from Germany. The grand opera of The Oracle, into such sureties, would be cor,•,ielled . to answer all charges of he ' say whether Ormerod had any thing in his hand: They went into or She Inlerrniged Sacrifice, composed by the celebrated which the Magistrates at Sessions could take cognizance. The fidth George 111. confined Latham is a wearer. I used to work with German musician Winter, promises to become as great a its provisions expressly to cases wherein li h il e n po nnr l l a° ;lTv al e town both prisoners shout eight or nine yearn. fteourite with the town, and even to equal in popularity, accusedt;l :l e das ii n had i been in custody or . ( t 'lt . qatt ba tfi l el f i or a P a . " i°d of t Grace Oakes was . standing with me at the time. I did not see IVeber's Der Freischutz. 'rite music has been arranged his LA Y r . dship l 'wu t l e soun t ift t o a ta t l r t t e a notice a his p re sence , an d tiCto.oucarli Latham do any thing with thc hammer. , and adapted to the English Stage by Mr. Hawes, who, upon him to plead. But he begged to remind those who might Grace Oakes corroborated rho testimony of the last witness ari to 4 * To these authorities let me add a few others, to which I beg to las musical director to the Theatre Royal, English Opera resort to such an argument, that Mr. W. Wakefield was in C ou rt ), recalled—T apprehended the prisoner Ormerod, and John I . . ilekly•wletlr great obligations, for the valuable papers they hate House, has evinced talent and ability of the highest order , accidentally, and not in custody, and that it had been decided by a • ~ he told timeme he was not there at all. Ile said he was at a stone dclf L ttliam.. lattir afforded us upon Indian affairs. The various nature of their nue conferrin on himself th test credit for the e_ grea majority of the Judges in the famous case of the ves t s Bisho into Cou P rl (I) l4 tocs, and the hostility existing between one or two of them, ' manner g in whitl ' I h k in which it was held, that a person volun•arity com i ng scientific ~ • i ne has execute( t e tas as. are notorious; but their general authenticity is uninapcnched no the, was entitled to imparle. Under these circumstances he sub. John Morton was recalled, and he idcrti fi ed Poworth as one of at the of the riot. questions in relation to which I have consulted them. The Qnar- signed to nun, and confirming those opinions which we had s a ted, th a t t h e C ourt ( night n ot to call upon Mr. W. W a k e fi e ld the nun who went intohe factory yard. lloworth had in his city and Iresinti,lster Reviews, Dlackwood's Migazine, the Ediu- previously formed of his musical eaabilities. The follow- to imparle. hand a hazie stick, with a large knob on it, I afterwards raw 14 '4 4 1 Reviews and the Asiatic Jo•trnal ; the Ririe Ettcyclop- jug vocal pieces, the poetry by -la m Napier, Esq. Mr. I. Wit.t.wts and Mr. 111notionast having on the other him make his escape out of a back window, which the mob had ' 4 1 4, :t and lastly, though not least in importance, the oriental 1 v : z ..--. , Oh, when thine eye is thrnwing"—" When will *tae contended, that the stamte of flO (Ito. 111. did not apply to the broken. r eraid. case eitlizr of Mr. E. G. Wakefield, or o f . his brother W. Wake- Ann Seed—On the 25th of April. the day of the riot, I was at i peace relieve my breast? " —" There was a time ere stir ' See Pennant's Ilindoortas. Sir John Maleolin's Memoir of - - .. hi • row ow the plaguing i • ar i t teases . 1 "—" The M aid field ; that the trip- die of the present i ndictment was t h e sa nte . as Stoneyhurst, where I saw Thomas Bohm , , with tire or six alters. re , "041 India, Fifteen Years in in Sketches of India, Mrs.that of the charge upon which :Mr. E. G. Wakefield was commit- He said, "We here broken looms at Blackburn , and wt. ' w il l Who'd wish to s l um b e r"—and "The g loetny terrors of the ted, and he having been In custody upon that charge, and Mr. W break those at bow Mon before we sleep." Graham' s Narrative of a Residence in 1na..., Lord Valtutin'slie said, be had ' been Trawh, grave"—may be selected as a fair specimen of the whole. Wakefield having been out on bail upon a charge of mild meanour, what he called taken a priiontr; that he had 6.en in a roost thre: 4 wili Hoegve's Travels in India, &c. Is.c. hey were not entilltd to iniziatle. vide some csc points, degree of Comp.flY DM my to in I speak 1 and de coukl dt iinent men and Law , hey, Sig J. ra 1 reader, ernrnent in 111 r. Justice PARK delivered this opinion. There could be no doubt of the right of Edward Gibbon Wakefield to postpone his trial, and the only question upon which he (Mr. Justice Park) had any doubt, was, whether or not E. G. Wakefield was bound to plead now or at the next Assizes. His present impression was, that E. (J.Wal - efield was hound to plead at this ; but he shoold not state that judicially until after he had the benefit of the opinion of his Learned Brother Martin Bullock). With respect to Mr. W.Wakelield, he was of opinion'that his recognizances were so spe cially framed, that he was bound to answer at this Asalces all charges of misdemeanour which might be preferred against him, to appear. ple td, and take his trial. Mr.ll illiarn Wakefield was then arraigned upon the indictment for misdemeanour, preferred against hint and his brother, and he pleaded Not Guilty. lie was then arraigned upon the second indictment, for a con spiracy, and he also pleaded Not Guilty. Mr. J. IVILLia us said, there was a lady, Mrs. Frances Wake field, included in the second indictment. Mr. Justice PA K—l can't say any thing about the lady; she is not nbli dto plead, or proceed to trial. Mr. WILLIAM—But she is in custody, my Lord. Mr. Justice PARIC—But she is not in custody. . . Mr. TINDALL. raid the lady was ready to plead. Mrs. Frances Wakefield was then arraigned upon the indictment for a conspiracy, and she having pleaded Not. Guilty, was imiered to be dischar.ed, upon finding bail to the same amount as Mr. %V. Wakefield IQ given in the Court of King's Bench. Mr. WILLIAMS said, the names of the sureties had been men tioned to him; and he was satisfied. The lady, who is the wife of Mr. %Vakefield, sen. was then dis charged. NORTHERN CIRCUIT. LANCA , TER, AUGUST 14. RIOTS AT BLACKBURN. Jaw., Kay, James La tham, James Ormond, Jain,s Howard, and Thomfa Baton, Were indictrd for having, on the 24th of April, 113?31„ at Mackburn, in this county, with force ant arms, feloniously broke open a cotton mill belonging to Bannister Eccles, and Co., and destroyed the machinery In the said mill. Mr. STARKIE and Mr. ADDISON conducted the prosecution. Mr. COLTMAN appeared for the prisoner Kay, but the other prisoners had no Counsel. John Kay—l am a constable of Blackburn ;on Monday, the 24th of last April, about three o'clock in the afternoon, I was in Darwin-street, Blackburn, where I saw several hundred persons. who were coming through the Market -I - lace, towards Mr. Eccles's factory • • some of them were armed with pikes , and others with . . were armed with pikes, umma guns, axes, hammers, clubs, and smicka. They were walking to gether as a mob generally goes t I followed them to ,Ir. ISet Ice's factory, which they reached before me. When I got to the fac tory yard, there were many hundred persons in it ; those who carried the pikes and guns stood at the doors and windows; some of them had their pikes startling, and others had them shoul dered. The mill was nearly full of persons ; I went into the mill, and at the door I met some men coming out; I stopped the first man, but as soon as he saw me, he gut back again to the crowd; I took the pikes, Machete, and hammers now produced, from the persons in the factory yard. Whilst I was there, about sixteen of the Ist Dragoon Guards arrived, and they assisted me in disarming the mob ; several men escaped out of the yard, because they were so numerous that we could not keep them. Nrhilst I was in the yard. I heard the breaking of windows at the back part of the mill, and the people, who were watiling in the yard, said that their compa nions were breaking through the windows at the rear. I went into the !cower room of factory, and I there saw all the machinery broken and destroyed. I know the prisoner Sutcliffe. I met him at the door of the mill, and asked him what he was doing there? He made no answer, but got back as quickly as he could. I don't know any thing about the other prisoners. Cross-examined by Mr. Col.xatax, as Counsel for the prisoner Kay—The people were in the factory about balf an hour before the arrival of the soldiers. I heard no breaking of windows, except when the mob were escaping from the soldiers. Tue factory was nearly full of persons. Crose-examined by the prisoner, Sutcliffe—The power-looms were actually broken when I saw you. I did not see you doing any thing. 3lr. Eccles Shorrock—l had a cotton-mill in Blackburn, in April last, for spinning and weaving by pimwer-lomens. My partners were Bannister Eccles, Joseph Eccles, and John };cokes. On the 24th of April last, about three o'clock in the afternoon, 1 saw a mob of persona coming towards my mill. The outer gates and the doors of the lower rooms, containing 212 power-looms, a lathe, and other machinery, were locked. In the upper rooms there were dressing machines. The looms in the lower rooms were fastened down to the atone floor by a hole drilled into the stone, and a wooden plug driven into it. The power of motion is communicated to those looms by a steam.engine which is on the premises . The mob consistedor eeveral hundred persons. After they broke openlhe Fates, one party formed to the side of the mill. That party, comisting of about 30 persons, were armed with pikes. There was an equal number similarly armed on the other side of the mill. Others of the party broke in the doors of the mill, which I entered in about 35 minutes afterwards. I was in the warehouse, which overlooks the yard, and I saw the people break into the mill e and shortly after they brought out the twist beams (part of the Mower looms) and several pieces of cloth which had bet,v, in the looms. Before the mob broke into the mill, there were about 200 pieces of -sloth in the looms. The cloth was torn in the yard in the presence of the mob. The doors appeared as if they had been broken by large bitumen. The looms in the lower rooms were all broken. The case, iron wheels, and the drums of the engine were broken. It would require considerable force to break them; The shafts were thrown down, but being made of wrought iron about an inch and a quarter in diameter, could not be broken. The shafts were in caps or gallowses, which must either have been broken or forced before the shafts could be thrown down. Cross-examined by Mr. COLTMAN.—The prisoner Kay was in my employment ; and I think he was nt his womb un that day. When the attack was made nearly all the work.people were out of the factory. By his LonDsii ir —I can't exactly tell what Kay's wages were. but I think about nine or ten shillings a week. lie was then in lull work. Cross-examined by Mr. COLTMAN—Some of the cross shafts may be taken down by taking out a pin like a linch pin, which is in the cap, but the main shafts are fastened to the floor. None of the main shafts were pulled down, but some of the wheels of the main shafts were broken. By the COURT—On the morning of the 21th of April all the looms were fit for work, but in the evening they could not perform any work. Bev. Richard Noble—l am a clergyman, and a Magistrate for this county. On the day of the riot I was in Darwin -street, Blackburn, which, together with the fields adjoining, was filled with people. I had sixteen dragoons and a small party of infantry with me. We went the nearest way to Mr. Eccles's factory, bet the crowd-was so great outside the yard that I could not get in until the military made way. Numbers of persons, who were making their escape from the factory yard, passed close by where I stood, and 'onto ran against me. George ltigley-1 live near Mr. Eceles'n factory, and I saw the mob, consisting of 500 person., about the mill. They were doing nothing whilst the people inside were breaking the looms, but when time soldiers came, the mob took up stones, and threw them at the soldiers. John Morton—l was in the employment of Kay, the constable. of Blackburn. About three o'clock, on the 24th of April last, I was standing at the outer gates of the factory, when the mob, headed by the prisoner (Riding) came up. Ile and others of the mob clapped their hands and then their shoulders to the gate. I have known him for several years, and I spoke to hint un that day. They forced the outer gates, and I saw the prisoner go towards the place where the power looms are at work. I did not sec hint go Into the factory, but In half an hour afterwards I saw him coming Out of the back window. He sweated very hard. Henry Hilton—l am a barber. I was at Mr. Eccles's factory on the 21th April 'a t The looms wee all broken. I saw the prisoner (Sutcliffe) there, but I did not see him doing any thing, except wiping his face. He seemed to be very warns. Cruss.examined by the prisoner, Sutcliffe—When I saw you there, the mob had not dispersed. John Morton recalled.—l saw Sutcliffe coining out of the fac tory niter the mob had dispersed. lie was walking out. George Colbum, a little boy.—On the 24th of April last I was in the employment of the prosecutors. When the mob came I was in the factory, but I left It and went on the top of the smithy ; I saw the prisoner Kay striking the looms, with (as I thought) a piece of iron '• when I saw him do this to the looms I came down from the smithy, and I saw Aim come out of the factory door. He swore by his Maker there was a great smwdec in the room, and he never would work there any more. By the COURT—I am sure Kay was not in the factory until he came with the mob. Cross-examined by Mr. COLTMAN—When I was on the smithy the factory windows were shut; when Kay came out of the factory the mob was inside breaking the looms; he went away before the arrival of the soldiers. Re-examined—When I saw Kay ho was In the third room ; he used to work in the fourth room. Betsey Longsworth—l was in the prosecutor's employment. When the mob came to the factory, I saw ,lames Latham and James Otmerod. Latham had a stone-breaking hammer in his - I and Oimerod swore a great oath, and said ;rud l waa cni t :c r t in rfle , down if I.(!id not hoW zn nnige: I cannot Stories high, but that he put his bottom against the winded, got out. James Catlow--On the 14th of April, between six and seven o'clock in the evening. I saw the prisoner Bolton with a person named Eccles, ,about three mats from Blackburn. Ile had piece of cloth about two inches !.road non s i x t ong . li e said he got the cloth at Benoist(' Eccles's factory, where they broke the main looms. told me that he was shut up in the &dote in a room dare stories high, but that he broke the window and got out. The power-loom mill was proved to be in the parish of Black. burn. Air. STAR IE said that was his Case. _ rho prier:mem severally protea.tal their innocence, and called the folloiving witnesses Thotnas Bolton—l have known the prisOtter James Riding for the last two years. Ile has teen in my employ as a weaver. 1 never heard soy thing against his character. Edmond Evans—l have known the twboner Riding about eight years. For the first three years I lived next door to him ; I meet heard any thing against him. John Kay, the constable-4 have known the prisoner Sutcliffe for the last two years; I have never known any charge against him bat this. Ralph Shoricrek, examined by Mr. COLT/.Air for the prisoner Kay—l am a servant in the prosecutor's employment. The pri saner Kay was a rellow.workman of mine. On the day of the riot we left the factory about a quarter of en hour before the mob came. went about halfway towards my home when I met a young men whom I knew, and we returned towards the factory. I met Kay going towards his home with his back to the factory. When I get to the factory the aohliers had arrived. John Brown—On the day of the riot I was going towards my warehouse, but{ in cnnscquen 7e of what I heard in the street, I went towards 111 r. Eccles's fictorry. I saw the prisoner Kay coming nut 01 the factory do 1. with Ralph Shorrock. The prisoner Kay stood bytme near the saw-pit, outside the factory. The prisoner stood by n e until after the arrival of the soldiers, and we thin went towards home. My house is ahnnt 100 yards distant fthm his. In , about half an hour from the time Kay came out of the factory, we gut to his ht,:ise. . . " ltalph St mruck was recalled—When he met Kaye going towdds home, there was a woman named Ashton walkiog with him. The last %limes might have been with the prisoner, but there was See , • a crowd Mfg witness did not recollect having seen him. John Cunlitle (for the prisoner La'harn)—l have known the•rei toner for the last five years. On the 24th of April last, I saw him before the arrival of the military, standing quiet and peaceable in the field beliiml the prosecutor's factory. I stood with hint about 20 minutes, but upon the arrival of the military I sent away, and left hint in the Cross-examined—l went to the mill for the purpose of seeing a lodger of mine, who worked in the factory. I was afraid he might stop in the factory. Thomas Harwood (for the prisoner Bolton)—I know the prisetter was not at Blackburn at the time of the riot. On that day he was with tn.! en the road to Blackburn, between four and five o'clock in the evening. He was with me that dry at my home, at Ripchester. which is six miles from Blackburn. On that day 1 saw him at Ripchester, at two o'clock and three o'clock. We heard about rho riot at Blackburn, and it was the subject of conversation during the day at Ripchester. For two or three days before there was a re port that on Monday there would be it riot at Blackburn. Cross-examined—l went that day to Blackburne, for the purpose of getting work. The p r i soner h as no regu l ar wor k, b ut d oes jobs for ar.y person who wishes to employ him. William Ot.bsideson, a clothier at Blackburn, Lawrence Boothnian, and Henry ElLsthim, an auctioneer at Ripehester, bad known the prisoner tor five years, and during that time he bore an excellent character, and was a quiet, inoffensive, hard-working tuna. James , zeagrr (fm the ptisoner Ormond) said that he had known this bay for revere' years, and that op to the day of the riot he had nicer heard any charge against him. 31r. STAIMIE, for the prosecution, said, af;et the evidence which had been given, it was not his intention to press the case as against Boh]. His LOUDSHIP, in summing up, said, he was sorry to say that those riots had originated in great distress, but the law did not ad. mit of such a, excuse for so gross an outrage. The Jury, haring retired for a few minutes, found all the prisoners, with the exception of Bolton, Guilty, but recommended them to mercy. WESTERN CIRCUIT. BRISTOL, A VGVIT 14. Mr. Justice LITTLEDALE arrived here at a late hour 00 Satar• day night from Wells, and opened the commission. DAMYTYLDE AND WIFE V. TAYLOR. Mr. Sergeant W/1.1.1E, with whom was Mr. C. F. WILLIAM!, stated that this was an action brought by a sister and her husband against a brother. It was always to be regretted when the quatrels of near relatives were thus brought before the public eye; but as in insult had been offered in this case in the open street, and with. out any sufficient provocation, the husband of Mrs. Bami.fyliia thought it necessary to bring the present action. The circuit...- stances under which the avaalt was committed wt ssk„ atuntly told. There were sonic pecuniary matters in disputc . betwecn Bampfylde and her brother. and on the day of - Ira.% transaction. meenstst Ivan alone la the street near the Exchange, she accosted itim, and asked him for some money which she conceived he owe-I her. The answer to this application was a violent pnsh. No difference of opinion cou!d justify such conduct on the part of the defendant. It was true he did not knock her down, but a blow was not to be estimated by its violence, nor was the conduct of Mr. Taylor to be measured by the physical force he used. ilia sister's feelings were seriously wounded, and she was exposed by the de fendant to insult and observation. This certainly was a tate for damages. Thomas Spee was a servant at the Bush Tavern, about Christmas last. Remembered to have seen Sirs. Bampfylde and Mr. Ts lot together at the top of Small -street, near the Exchange, on the 15th of Norembet. 'the lady asked Air. Taylor for severe money. He desired her to go away, and she replied. " I will if sr ni give me the money." He then ushed her off the footpath. She repe a ted her request, and he pu shed her off a second time, looking very black at her. (gin- c more she approached him, and again asked him for the money, and he pushed her from him the third time with his um brella in his hand. The lady afterwards came up to witness, and asked bins where he was to be found. John Balsam saw Sirs. liamptylde and Mr. Taylor together in Small street, on the 15;h of November. The lady asked Mr. Taylor for some money, and he endeavoured to shove her off the pavement. He seemed to push with all his force, but did not suc ceed in pushing her off: .Mr. GUNNING (with whom was Mr. Sstivu), for the defen dant, observed that there never was a more trumpery action than the present. The assault had not been proved, and the nature of the narrative was completely hid front the Jury. Sirs. Bampfylde unfortunately forgot her sex and the respect she should have had for herself. Site abused her brother in the grossest manner in the public street, and her language and conduct *ere so violent, that she attracted the notice of all the persons in the street. This action was commenced immediately after the transaction occurred, and the lady appeared to have contemplated it almost at the very moment it occurred ; as she was proved to have gone about recruiting for witnesses. Under all the circumstances, he submitted the Jury ought to fi nd fur the defendant. 1% - illiain Carpenter was in Small-street in Nov. last, outside the shop of Mr. Smith, the linendraper. Saw Mrs. Bampfylde and defendant together. Site used very bad language to Slr. Taylor. Witness does not remember anything she said ; bat she appeared very savage. Witness saw the whole transaction. The lady e..ught Mr. Taylor by the collar. Ile did nothing, but walked on. seem ingly anxious to get out of her way. Both parties were on the not abusive.or , p avement earj a a ) , l ti t sni n el c e ss v u erw , (A laugh.) Witness can't remember when he was first spoken to waited s en , e l o t t a fl ii k l o e f d li he saw .saiwuTulltdie:r and g b o d a y h w a w d a away. . fitness Tnellruitci t loud o nS a t l! say.dd on this subject. It may have been two or three months after the transaction, or only a month ago. Witness had not an idea w!ter. it was, and his eyesight is nearly as bad as his recollection. (A laugh.) John Phipps was unloading a waggon in Small-street, in Ne• vember last. Saw the parties in this action together. The lady was titolditig. She called Sir. Taylor every thing but a g .ntlernan. Slinattempted twice to catch him by the collar, and he tried to get onwards. She called him a rogue and robber. James Minihin was also present at the alleged assault. Mrs. Bampfylde abused Sir. Taylor. Ile walked down the street nearest the wall. Witness kept his eye on hint, and did not observe that he used any violence. Josiah Wallis is clerk to Mr. Gregory, the defendant's attorney. I saw the defendant on th e 15 t h Nov. in Small...street. Heard Mrs. Bampfylde say to hint. " You villain of a blackguard, give me the money you owe me." Air. Taylor said, " Come into Me. Gregory's office, and I'll settle with you." She replied, '‘ I sliMl not." Mr. Taylor then went into Sir. Gregory's office, and wit. nets followed. Witness was afterwards sent out, and delivered Mr. Gregory's compliments to Mrs. Batnpfyle, asking her to walk up stairs. She replied, " I have no business to do with Mr. Gregory, but 1 elan wan two hours for that ranal." Mr. Sergeant WILDE replied. Ile contended that the eridenee for the plaintiff was consistent, and hail tot been contradicted in any material particular. It w's true the defendant's witnesses had seen nothing. Sl'here were their eyes ? with their ears, and both appeared to be equally treacherous. The only blameable thing im. puted to Sirs. Bampfylde wasohat she had not gone into 31r. Gregory's office. Mr. Gregory may be a very respectable man, and he did not mean to insinuate to the contrary, but above all things he recommended that a party should never enter his opponent's at• torney's office, unless he had a careful Mentor in the shape of his own attorney at his dhow. Mrs. Bampfylde may have been irri table, but this would not be a justification for any man who as saulted a woman. He insisted that the verdict must be for the plaintiff, but admitted that under all the circumstances no very neavy damages ought to be expected. l s 'i u t iti el n 7r i n o ed r a JUDGEfewmin b u ri tn, eliy summed up, and the Jury. after col Damages, I s . foonela_venliet for the plaintifi— . - CROVCII V. LLOYD. This was nn action brought by ilia plaintiffs, wi) n-e timbev merchants in Bristol, to recover MIL, the amount ra a bill G..: ex. change, drawn by the defendant on Sir William Curtis and Co. bankers, of Loudon Mr. Se.rgeant WILDE was for the plaintiff, ard Mr. C. ' Wit.i.:Ams for the del:qui:mt. John German was pioilticed to prove defendant's sitratttre to the bill. (k ing mole., a stork at Clutis and Co.'s bark, Ik. . 1 led, tant per. wer, tich ?iris ears here V of hicb ;th of le co. • ay'. reacts latter. ty im. heirs ; shall en ad. ease, ge. kilted em as li may lathes it with dly for spaFe . - realth, t every rs of a creates vealt h; ea and of the which anti th, that tidition to the