The British Press; or, Morning Literary Advertiser. — London, England, 1824-12-16 00:00:00

TYE L.4TE DIII7.4DFM INUNDATION AT ST. PFTEirsISURGII. •We Lave rrerisril the '01i0.% acconnt of this shocking calamity from a respectabl- an,l intelligent inhabitant of the Russian cipital. It I% ill be n. at: with p intent'. : s r.yr.l Ett:4fit'llral. Nor. 12 (24.) "On Thursday the lith (t still instant, the tinips Nand the Admiralty steept set re hung out, as is custo mary, to warn to: slot to sleep in their lowest a partments, in cars que-iee or a strong westerly wind the rapid currem trots the Ladoga Lake. and thus or, 'ding the Neva and :he caria:s. Dining the whole night it continued to blow stromv, and by day-II At DU the lth 119th). the water hid Tis.ll higher than has b. Tll known ter some years. The white flags at the Admiralty Met b o :leel, and sesta aft, r the g uns from the fortress were to 31111011Ilee the i.cr wing Jong. r. The wind blew tremendously. :mil by twelve o'clock the water had pour e d ~,,r the quays, alit 'antidote:l nearly the whole city. ‘,.eliicles of all descriptions were now Setts ill:Ming home wods, or to the bridges, or sonic rising ground. with the water over the wheels; people were a!so seen wading through it upto • ther noise ; in a short time only a courier here noel t h e re appeared . on horseback ; their horses could scarcely keep their baits above the water; at tine o'ckck nothing was to be wen on the Granit-plao• and in the streets, but wooden barytes, empty boats, sentry-boxes. timber, furni ture washed ft An the home s, busides bread anti various arty of provisions, all float Mg in confused masses on its boisterous aortae.. ; la. ge sheets of iron, with which the roofs are covered, at the saute titne, were rolling up and blowing away. Masses of dark clouds passed rapidly over us, leaving spacta of clear atinosplo re through will:la the sun, darting rays vividly, so 'nominatesl the violently troubled w a t e r -cLich optioned over the high. st houses in the Grand as to resider it at mice a most magnificent and awful vec t se le. Wooden holies.% wet- seen floating up the river, most of the inhabitants of wicelt 101 l perished. Indic Sinolrnsky quarterof tlie town, coftins were washed , t of the graves, and even the dead bodies thrown from their quiet habitations; a solitary boat or two at last en 114'1011feet to sari- from destruction those who hail sought r fur. on high steps, taws • , f pillars, trees. Ste., and at two o'clock, the water then being six and seven feet above the pavements, in Dearly all parts of the city, the wind, although blowing eqoally strong, changed a few pinto to the north, and no longer opposed the regular cur rent of the river. The water then began to abate, and in the course of the evening it retired within irs granite boon taro. So improbable did it seem that the water would tae so high, that besides those who hail business out, manse l ad left their borne', in order to witness the increase of the . Seta. Amongst them numbers were prevented from re taming, and perished in the streets and public places; :hers, equally surprised within doors, were forced to seek tefuge in lofts, and upon roofs of small houses, after their :CMS tad been filled with water, where they also must have perished had not the wind providentially varied. On Satordav the Bth ('2oth) at day break, I went out to view the effects of this catastronhe. I found the quay of the Neva blocked up with timber, broken barges, gal lists, and vessels of various descriptions, which had carried with them the pillars, lamp-posts of the houses, and had broken in the windows, and otherwise damaged the edifices en the quay. The large blocks of granite, of which the parapet is composed, were thrown over. The St. Isaac's, die Toochkeff, and summer garden bridges, were broken away front their anchors, and elisperseel and destroyed. Manw of the streets were stopped up with timber, so as to be almost impassable. Nearly all the bridges over the trials were carried away or destroyed, and many parts of the canals were passable over the wrecks that choak_ll them up. In the l'assilyostroff quarter, where most of the boors are of wood, the destruction was immense—whole dwellings were hurled from their foundations, wine of etch were found at a considerable distance from the fire on which they stood, with the dead bodies of tkit unfortunate inhabitants within, others were broken izto pieces on the spot, and some of them have been n totally destroyed, that not a fragment of them m inim. As I approached the Galley Haven the scene was to most distressing. I met numbers of poor people belly bewailing the loss of their relatives and friends, and arving on their backs the vestiges of their property they hail leviable to collect from the general ruin ; and upon ;sp reading nearer, I found the most appalling cativo for so tooth instress—a plain thickly strewed with dead bodies, particular!). women. I walked over confused heaps of de !station, intermixed with the corpses of men and animals. oar hcsue was found removed from its situation at the' felley Haven, to the Petert.burgh trustier, being two iniles ,scant, with the dead body of a woman, kneeling in the is of supplicating her Saint which hung against the wall of the room ; and every body one meets has some equally eircumstance to tell of what they have seen. healer. barracks also, with hundreds of their inhabitants, to entirely destroyed. The rapidity of this inundation au occasioned distress at prest nt quite incalculable ; and, , :though we hear of thousands having been found drowns it is impossible to conr.ive the numbers that may have iqn lust in the streets, and carried dawn the Gulf of Fin 'ad with the retreating waters; besides numbers that Last still remain buried in the ruins of their habitations, easy must have been drowned in the streets and public ;h.ns while they were seeking to escape. A lady and a rod in a carriage were in a dangerous situation, s Cossack : , !itr: pan observed her distress and stopped, site in- T him at all hazards ta save the child ;he took it from it:carriage window, but in a few moments his horse slip tat, he tell with the child, and they both perished. Soon E . tetwarils the lady, with her servants, horses and baggage, tete also cverwhelmed I.: the waters. This is only one ..teethe hundreds of instances that have been witnessed j . oily distressing. All the lower apartments were tilled water ; and as all the shops of provisions are on the ..tattiel floor. itsmense quantities have been destroyed or :mset .1. Every kitul of food is, in consequence, eon- t.lenthly darer ; and it is expected the prices will rise yet u whole droves of cattle have been drowned on L:-er Way to town. The lon to the merchants is immense. Thousands of of sugar have been dissolved, and goads of all sorts al or lost. 'file places I have mentioned are suds as I have seen ; others are equally damaged or de .r.o)ed. It isstated that before the time of Peter the Great, a like '' , alation compelled the inhabitants to retire to a high •!ltive or six v.trat-s from the city ; and on September In. during the reign of Catherine 11., another occurred, 7-alfel inns consequence's, from happening in the night, et the water was raised ten feet above the common level, TA it receded two hours afterwards. In Iso2 another, not very disastrous, the water not being near so 4 1 1: but the present exceeds ail these, the water having -es twelve feet above the ordinary level. leery day brier; to light 601111: new instances of horror ,1 4.1staiion ; numbers are seen wandering about quite 'Lieleet ; and up to this time carts continue to arrive at sarious burial grounds, loaded with corpses, some of - . tit are not owned. let Emperor has taken active measures to alleviate the um of the sufferers ; amongst others he has appointed e provisionary Governora in different pares of the •:y cut suburbs. ° in order to ascertain the extent of the `''s, and to rebeve them. Ile has himself given a mil 1, of rubles for the immediate relief of the wants of the 4 ners. Bost is at present, and has been for two days, at 5 4 d':grets of Reaumur : should it continue, we %ball have tiler blocked up with ice in a few days ; and the in srsble severity of public distress will be aggravated by the horrors of the intensity of winter coming upon the %provided and destitute inhabitants of this large city. • Au following is the substance of another private letter, "1 St. Petersburg!), N0v..43 : 'fins city was visited on the 7th (19th.) inst. by an in xton greyer than has ever been recollected before , the piences of which are incalculable. For several days -..tously a considerable swell had been observed in the .. t, and as the water continued to rise, it became evident st th e strung westerly wiials, which prevail a good ilea: tits season, must be raging with great violence in the ' I I- Gil the evening of the tith (I Nth), the water was agitated for any boats to attempt the passage. " , 'snip s were hoisted at the Admiralty to warn such so inhabitants es reside in low places of their apparent danger. This, however, occasioned no general alarm, being a circumstance which frequently occur:en. During the night, however, the wiml becoming more boisterous. and the waters still rising, alarm guns were constantly firing, for the purgoae of enforcing the necessary retention. On the morning of the 7th (1910 I went to the coentiog house, and with the greatest difficulty pa..sed the brik:e, the wind raging with such violence, that 1 could seairely Main my position. I walked along the quay faring the river, the waters of which I remarked were particularly high, but I had no krprehen3ion of its overflowing its I boundaries. I had not, however, been long in the co:lnt -1 ing-house, which is situated by the river -side, when it be- I can to rise witl► an almost inconceivable rapidity, end at length convirted the whole quay, and the adjoining aunts and aquaria, into an entire lake. Rafts, boats, houses, i beds, and, in fact, every articic which we had, were rani. it along by the torrent, which swim sway Widget, quays, `and everything winch could hurtle it, with almost super natuf.ll rower. Large blocks of granite were wrenched from their places like pcbblcs.—Many of the authorities of the city were in large barges in the prinepal streets, en deavouring weave the inhabitants, all persons Using on the ground fluor being under the necessity of quittim; their rooms. During the night the water went down. and dis cltsed such a spectacle as could I ardly be equalled by a ' city ransacked by the to est merciless enemy. Human I►edies; hc.rses, cows, and other hearts; houses, timber. Sr- sottervil promiscuously about the streets. Upwanls of toe bwrisam, persons are computed to be lost, and many I thousands are without shelter or c• Tiring. The merchants suffer greatly.and English property will be included to an immense amount." A REPLY TO THIe REPORT CT Tilt LATE JOlll RENNIE. ESQ. ON TUE PKOPOSED SHIP CANAL BET•EEN THE ENOLISII AND BRISTOL CHANNELS. [room A coanTswegcntgre.l The late Mr. Reniiie, whose Report, datiod hails July, 1811, wee not amt ., upon, owing to a ward of raoncy at that time, begins it neatly rs follows :—•- The English and Bristol Chaidiels Canal, if made no a seal: fit for the navigation of vessels of the burilven of 120 tong. will, no dira`u, be a work of great utility, as by this short cur a very rircuitirma acs navigation will be avoided by a ready alai short inland navigation hoot the Bristol to the English t'ltaanel, and thorefore the trade, in all human probability, will be very great." Here Mr. Rennie properly confines his plan to coasting vessels, and does not grasp at rondo trade : he thus avoids notch opposition and carcase. Mr. Heunie was satisfied with the present entrance to Bridge ' water harbour, although nit with the l'atret at large. Ile says, of the Toss, bi frequenting Bridgewater. that " owing to theetwoked ness of the river, they are rifica detahiel for several titlean.”— k'ortug.ate:y, however, 31r. Rennies objection is likely to be re moved ; the inhabitants of tiridg,•water have determined to exca rate a ship canal from Combwich Reach. I agree with Messrs. Dean and Bond." mates 31r. Rennie, " that it should depart from the tideway at the head of l 'otilbrich Beach." Mr. Tolteril adopts a different plan. Ile separates the Parret fmm his projected new harbour, which is to be below Combwich Reach ; and tlittad.signa that river as a drain for the flan:asters of the Tone and neighbouring streams. hat .Ir. Telford overlook. the circumstance that the mud, which empties itself into the sea by the Parret a still flow from it into his new harbour ; because, by making this, be will occasion a current fur the other. 31r. Telford may be said to be tight is; principle, but wrong in execution : he should have contrived to arrest the flowing of the mud into the sea; land he might have done to by raising the bed of the Parent above the highwater-mark of the sea, which might be effected between Black Rock and the nearest bend of the river. _ Mr. Rennie, when speaking of his summit level, states, that " The cutting on Chard Common will be about 78 feet in depth, in order to enable a sufficient supply of water to be obtained. Such a depth of cutting will be expensive; but it happens fortunately that the ground is mostly common, and therefore will he obtained at a 'rifting expense." Here the depth of cutting neither adds to, nor subtracts front, the length of land; consequently, this expense is not different—it is the sari.. Ant!, as to cutting 75 feet, llr. Rennie should have excavated 101, since he next ascends 46 feet to get water; in fact, by this operation. he lines 26 feet of water to be taken from a lower level, where the stream is more powerful; while, by pretining water from a higher source, he has a narrower reservoir. 31r. Rennie, swayed being put into a wrong line of country, borrows no water from the River Parret : be was afraid that this necessary measure would render the whole scheme abor tive, being upon account of the extra expenses. Coming to the sea-sile, Mr. Rennie sings of Sea•ot Bay, " And the shore is entirely covered with beach." Poeta, for the sake of a rhyme, are frequently obliged to use the word beach in the sense of shingle; but it seems new for engineers to do so; it is not a terni be.Uaging to their art. Thus, having elevated the style of his Report, he subjoins_" With respect to the stioitiwAers of the bay, 1 hare to remark, that though the water is dre, " etc. The Report continue* after the same ntethial. It says—" Un leas. therefore, a good harbour can be made somewhere in this bay. into which vessels that ate to pass the canal can run foe shelter, the he stoppd fur many woontlis-1 may almost my fee the greater part of the winter." Vet it goes on to state—" The belt place in this lmy for a harbour is Deer, but it is iutrounded a y tit& of such a height an to render it impracticable Its carry the ca nal to this place." Accordingly, the canal becoming inaictssible, as well as Beer harbour itself, which latter will be a mass of shoal rocks, there can be no trade in winter to the one o► the other. Mr. Rennie seem. to err intentionally, a hen he concludes—" At no other place in the bay can a harbour be made, into which vessels can run at all times, except at a most enormous expense; and in.. deed 1 have my doubts whether a good harbour could be made any. where else in the bay than at Heir, putting expense out of the question." Now, a good harbour can alone be made in Seaton Valley or Saltrnarshes. It will be an inland, and not an exland or mole harbour; while the cutting being cant, because of the' salt-marshca, the expense must be easy too. A bad harbotir is a rocky shore, an the ship and the crew mast both be lint ; a better harbour is a shingle bench, where the 'hip is often lost, bat the crew seldom perish ; the best !Witmer of all is an inland one, as the ship becomes saved in the mud of the river, anal the crew are not forced to quit the property committed to their hands. 31r. Rennie sir of Beer Barbour—" This harbour will be she!. tered from all winds; weowatil of south hr Beer Head, and from dime eastwanl of south by the intended •nct ; so that whenever vessels arc unable to rule in the bay, the harbour will be a place to which they can run for shelter, anti remain until the weather admits of their entering the canal." here there is no southern break. wahr provided. in aid of an eastern pier ; c,,asequently, scuds must be dashed to swim, since the rocks of liter, bring 201 feet high or then abouts, will t,.•vent sailing it.land. Mr. Rennie passes over this momentous point, that he may en. courage the subscriber. of the Ship Canal to the destruction of all navigable property: he subjoins—•• %Yid] the small entrance har bour to the proposed canal. and with such a harbour at Iker, it is scarcely possible that, with care and good nianagenient, an accident ofshipwreek can happen." filr. Rennie cities his Report thus—" If a barge canal is to be atlopt,ll, I apprehend a better and more pmtitable line might be found out than that of a canal from the Bristol to the Litglish Channel." Yet any canal. ship or barge, going from sea to sea. shall have a communication with foreign sea.p irts, which canals purely inland cannot possess. Five miles of a barge canal cost, according to Mr. Rennie, •_'3,ollof. • wherefore forty mils will come 111 litt.nool. : the ship canal has never been estimated under I.3oU.Utatt. Mr. Rennle. probably, omits the locks, as necessary to a barge canal as to one for ships. rOSTSCIIIPT. SHIP CANAL k;.STIMATES. Lard- . Canal Contingencies - _ - cion.ooo 600.000 10%00 Tiverton Line - - 800.000 Extra ('ontingeacies - - 100.0(10 Revervoits and Lrnbankorcnts 200,000 Three Harbours . - . 501,1.100 Chant Line - 41.6te1,n01) Tar l'ornmittee's Estimate has since been ascertained; it Is The Cornelia, Indianian, which was driven behind Itatissgate pier, during the late gales, was sold fur the small sum of 1.:01.; very shortly after which she went entirely to pireo. The estallisliment of a Mechanics' Institution, upon the plan of those of London and Glasgow, &c. is in progress in Non% ic:i. To settle what toll would fie neemary for the projected lirhhTe at Vauxhall, Mr. Dodd, the engineer. set 111:11 to count the paist!igers on that of Illackfriars. One day pro duced upwards of 70mm; but the average of several days was -141,1ak0. It appears, from the report of the Committee of the Peak Forest Railway, that his Grace the Duke of De vonshhe has become a Patron or that projected under taking. his Grace has offered the Company such portion of his land, as they may require in forming the road, free of costs. The mahrity of the inhabitants of Cirencester hare resolved to abstain from the use of beer, since the late unwarratitalde advance of Id. per pot in the price by the brewers. ST. Timm As's DAv.—At the village of Thornton, near Slivrbortle, a custom exists among the tenants of depositing ..Is. in it lode in a c...rtain tomb-smile in the church-yard, which prevems the Lord of the Manor from taking tithes of hay during the year. This must be invariably done on St. Thomas's Day, before twelve o'clock, of thr privilege is vold.—Litcrar j Cl/47.(4:i THE Bit irir St! F=JiaNKJEOPii - =sir ws• LAW COURT OF cnAscEltr, Wrmtrstuv, Dzc. 15. THE ATTORNEY-GENERAL, AT THE •ELATI.IC or THE CORPORATION OF 1.1V1:11P ((((( 1111111-TAN, The SIILICITOr-OnxtuAi. moved that an injunction be issued at , ainitt the defendant, to resttain him from buildinetany work upon a particular spot which may impede the navigation of the river Mersey. There cou'd he no question *boot the ntris.liction ' as el.: authority of the l'orpuratitio was admitted to reach intichbeyond the spot in question. if the defendant were allowed to continue his works. the port of lAverpool wouhl be seriously injured, as the force of the back-water would be weakened, and it tvotilo not be sulk' nt to carry off the anuvial matter. Linder time circumstances he hyped the 'nun would grant the injunction. 3lr. Row PE t.t. followed on the same side. fur the defendant. had strong doubts if this were not a ease for law. It should be first ascertained that the building ronipla'ned of was a tttt Issnee at all. The pmner:v in i was pnyate. The defendant was tt...rcly a Le,sce ; his interest reached no farther. The Loan (11ANcze.t.0t said. the question was not whether there should he a trial at law, but whether an injuectittn sitould not be granted in the me antime. li e was of opinion it ought. and the Attorney.teeneral should give an undertaking that the action would be btanig.it as speedily as possible, and the donratiot he sub. ed to a Jury. Lorthihip . alluded to aimiLi- eases in which a writ of tut quid danspion was muted t perhaps this writ should issue iu the per. He mentioned the various structures erected upon the river from Vauxhall to the Isle al Dogs, and wea of opi nion the injunction should he issued. Mr. Hai) I: L ;:said, there was thin difference in thecastaniluded to : a Committce was foron.l to ecnnider she wharf and other work. which are to he erected nron the hank of the Thanes. The Loan VII ANC'S:Lyon said, an to the wharf, Ice, to which the Learned Gentleman ali•eled, he we: uncertain whet h•v it was a writ 0.l gaud dawns's', or worm siatnW th! An Act of Parliament would perhapi h • neeensary to give the plan effect. To an arplication made to his Loroship, an he NSF lining. for an injunction. he replied, that so much minehief had arisen from cr perle injunctions upon incorrect affidavits, that he would never grant another except under particular clue:l:stances. VICE-CHANCELLOR'S corriT, IVstxxspAY, Dtc. 13. IS It RICHANDSOV. A WWWWW trPT. This was a case which had bees frequ oily beforetbe Court. and the present petition related solely to the question of costs, on which *object the Counsel were to-day heard at thine length. Thel,' le c -Cu e Wgivisig judgment. said that the case had come before the Court on the petition of Mr. Rawlinaan. an soignee under a commission of bankruptcy that hail issued against James Richardson. But the commission having been soiree quently superseded. en the ground that it had been fraudulently concocted between the banknapt sod Mr. Buckley, the solicitor under the commission. the bankrupt and his solicitor having on that occasion offered no defence, the Coen was bound to 10 0 at the case made in favour of the supersedeas as proved, a conse quently decreed the costs against certain parties, one of whom was the solicitor, Mr. Iluckley. Mr Hawlinson. after having in his petition set nut these facts, continues to say, that the Solicitor had, notwithstanding, commenced an action against him. as assignee, for the costs under the Commission, and that the Messenger to the Commission had also brought another action for his costs. The peti tioner alleged, that as the Solicitor was a party touts 'Vaud upon which the Court ordered the Commission to be superseded, he was not In • condition to ground any demand, in a matte: that had proceeded from his own wrong; and therefore that he (Itawlinikin), on whom the of of awal4nee had been thrust, in total ignorance of any collaraion, ought to be discharged from all liability. The same argument also is held with regard to the demand made by Gibson, the messenger. ‘Vhen the hot petition was debated, the Court. inasmuch as by formally ordering Buckley to pay the costs, had decided that he was a party to the fraud, it would not now permit him to raise a claim arising out of that fraud ; and at once ordered the proceedings to be staid. lie then had no doubt uto the legal jurisdiction of the Court on that point. Gibson, however, having been a party to the petition, and the question of fraud against him oat having yet been tried ; and as it appeared that an action was then pending between him and ,Ir. ltawlinsen, by which the question would be brought to issue; and as the detente would bo just as good in law as in equity, and the viva voce rumination of witnesses being a better mode of Eliciting trutb than the affi davits of parties, the Court would leave that question to be tried. and reserve the matter of costs till after its termination. Buckley still persisting in his action, he must take it as proved to the satis faction of the Judge and Jury, that Gibson was a party to the hand. Now arose the question talents, which he had reserved on a former twcasion, not on account of any doubt that he had with regard to the jurisdiction of the Court, but because he did not wish to give any decision until the matter had received its fullest and most impartial consideration. It was new quite clear that the Court had but one way of proceeding with rete.ird to Buckley, al though, since the trial., and the last hearing of the petition, it ap. purest that affidavits had been tiled, under the hope ofindreing the Court to alter the decision it had felt it its duty to come to. However anxious the Court might be that every case should be thorougly 'investigated, yet it ass also necessary for the general ends of justice. that it should be bounded by certain rules. It was foe this reason that be could not now look at the affidavits, more especially as no ayplicon had been made to explain Cost any pan of the case,and the tst would not now permit it to be al tenet, when the onla quad* Twinning fur duisio• was that of costs. Ile was of opmiun that Buckleyirthe solicitor, must pay the costs. lie also assumed that Gibsommight have been a party to the fraud ; anal many toots had been expressed as to the juris diction of the Court with regard to this messenger; but he thought that the Groat Seal had power to deal with all parties who were the instruments of the Coon in cameo( bankruptcy. and he tberefote did not consider that soy rational doubt could be maintlinegt as to that point- He. however, should not decree the costs against him, as the action had beat COMOLGACCII by him when knobs= filed his petition. COURT OF EINITS BENCH, WIDIMSDAY, Dic. 11. &Pre the LORD CHIET JUSTICt and Special Jurist. GAMBLINU-HOUSES. TL[ XING 1. CRoCILTORD. A Special Jury ;C:1 , ; Lin in this cage, hut— Mr. ATTORNEY-GENERAL mid, that in this cage no one ap peared for the prosecution, and he should decline proceeding with it. The Loun Cntrr JITST ICE than directed the Jury to acquit the defendant, which wag eoue acconlingly. ORME r. tILOCEiOIIII. A Special Jure was also sworn in this ease, but no Counsel ap peared for the plaintiff. The ATTOUNEY-IiF.NERAL--1 understand, my Lord. that Mr. C. Phillips and Mr. Patte.‘on hold briefs, but they hare no: appeared. 211 r. Se AR LETT—Perhaps they have instructions to disappear. The Lout, Cu try ft —Lvt Mr. Phillips he sent for. Mr. Pitt Lt.' rs immediately arrived, and told his leadship he was afraid he could not powerJ. as some of his principal witnesses were not in art nilance. Perhaps. therefore, your Lordship would allow us to withdraw the record. I know it is a fatuity. _ . - The LORD Cum . Jusricr:--I have no power. The Jury are sworn. and I can do rothing unlcss the other party consent. The AT T Olt NT: V lENC AL—This is Data Cast, my Lord, in which I feel inclit.cil to grant any fe7nur. The Loan Cntri• Jusrlet. -I believe I have the power to dis charge the Jury, but as I have never yet exercised that power, I see no necessity for my doimr no it: the prevent cane. The Counsel for the plaintiff then observed that they would pro ceed with the ease. Jr. Paxet:SON opened the pleadings. John Frodham Orme was the plaintiff. and %Valiant Crorktiird the defendant. The de claration stated that one Ceorye Lane Fox lost at one sitting at dire the sum of :SOUK in a house belonging to the defendant, and with defendant's knowledge, and that the gab, George Lane Fox was thereby entitled to recover hack the said :AWOL together with treble the amount for penalties. There were three other counts, charging the offenc; in various shapes. The whole amount of penalties sought to be recover-11 was Illtl,lXo/. The defendant pleaded the general iwue. Mr. 112. PHILLIP/ said he felt it di'licult to proceed in this ewe, as material witnesses had absented themselves, though subparnsed ; he should call his witnesses on their subpar - Ix.; and if they cattle the J ury would hear his case touch better trout the witnesses that; he moult relate it. ..... Horatio. Earl of Orford, Edward Ilughes Call Ilughes, and Edward 3hiont, Esiirs. were then severally called upon their sub -Ist-ens. but 041 not answi-r. Thomas (Ample was next called. and answered, lint Mr. Po Lira said he could only prove the parish in which the defer.d.int'a house was situated. The Loan (111E1 6 1 1 . AT ice then inquired of Mr. Phillips if he wished fu call any furilm witnesses ? Mr. U. P1111.111.3—N0, to y Loot. We have ealbal several, who, if they had attended, could, fully support our case, but as they have declined ar.sweting to their niunes, I should not be jUitt i Hal in precceding avy further. The Louu Cuter J ST IC E—Thcn let the plaintiff be now The Attorney-Cc:tend wished his Lord.hip to rertirr that this WWI a fit cri‘e for a Special Jory ; but his Lordship looking at the nature of the action, would not intrrfere. IL'ltl3llN.t CONVERSATION. Gil %HAM 1. 111t1RY. This was an action brought by the plamtiff, an artist, against the defendant, a naval ollieer, for criminal conversation with the plaintiff's wile. 3ir. CAIII.DELL opened the pleadings, and 31r. SCARLETT stated the time. • The plaintiff. Mr. Graham, wan an artist, and warried his wife. a fort iy,m lady, to St. in's Church, in the year Intl. They were each about twenty-two years of age at the time it the mar riage, and shortly after they went to Italia. In Min they returned, and after living some time together he agreed to leave her, and went to Scotland to see stone relations, front whom he hail expectations. He could not allow his wife to accompany him, In consequence of the great contrariety in their tempers and opinions. During his ah senee he desired a friend. Mr. Laing, to pay her fifteen shillings a week, hying the one half of the little property he enjoyed. Laing, the friend of the plaintiff, called upon Mrs. firaham during her husband's absence, and was surprised to find her going by the name of Rigby. and living at No. 5. Albany-mad, near Walwortb. Rigby W 33 present at this intessiew, when Mr. Laing ealtril bee by her name of Graham. II: paid her a second visit in the name or Grialatin for sh: ago; , taken iii? hit , band's name. Sitbwetiti to this tef,li the nr.ree of fir3ll.llll, :11:!1:111 lived as elan and wit( hetet' se. was :is' rose ea.liag for h'avy ,li-m- bee.. is • lie show that the tlef.taial t tiny fnowleili: of the irligh.ry eras committin,:. WI re iiQ agNrr Va', Circnur.ll l :.c.. { ; ;QV. at :he ptiin. sill' felt hir.istlf 'mum! to evnt , Inngvr r.f any arliriMl9l who might, if this action wt -c not lirou,iii, et some tune or re enjoe a proyeniv to wi..ett t'in' were not et: Oh!. There was lei therfy an opinion is , 1. 1 . that r hen I:sei ice sep.:rated by de. d. an at.- ' lion like the present would lie but that i'oneine bud tot t•irire ' been altogether exptoJ e d. Th e parties were peer dinner their en. Itsbitatimi, and the o'd was et alivd, that " %Viten Comte cable to at the deo., 2 : ., : cat riwl , rw." Tlietigh the plaintiff' cou' not lire .n pc.ire with his %ire, that tains' no Justification • 'ler adultory. :t was tint rely the provtare ot the Jury to extit. the alanitecs, and he itsk.al no mor7 than what try felt were lot. ell in jtroi:e. Ile dial iiot wilt to opea thin are as railing for via (tier de: anil he lel it altogether to the satistiod that ry smile con,rit C.,ita I urge their duty. I)avid ladle ex:in/tin , t by Mr. St AR • lia n Reel:tinted a ion his une. They were magi i at St. Marr:4', , , in 181'. -chain was a nottrait ;•aither„ and is of a Seereh tautly. After if e inarrirge •ioy lived in m 7 h0n..... The latk's inure was Kr kth... Slit w i a f reipirr, but at taunter Lnow not. Thee efiers. anis left IQV hr ~'r. 40 hem .war, :bout =L yer •• of mile When he ortrrie.:, nc' +he v. 15 eho..t the 44 , 11 e lir'. CriilalTl 14-,.t to India at a painter; the:e he rctuoined.h.l the year 11,20. They writ- to nee exir return, from l'orts•ronth. and ladged. coming to t• ,, ,er, in Villiers-street, for a illort time, sell then removed to .10!, .-tr:nd. They had one little boy. Mr. Graham than want to ..i.r:eland. IV hile here he bed no mole% :molt but a oat f gee: to paint *,lass. I knew his mother. but I knew no•hne of hie cape htiona there. on learnt**' town fel' Scorieol, lie desi..ell me to pay her kis. a weak, witichl i• ;a her up to June lest. 'Slue ai'oaance was as much as his cirennistances could a torc. el le lie , at the Albany-road, rear Il'atwortli. I einsi there twit': cr ttl , iC..! a year. I saw Mr. Right' fur ti' • Or-t time l'iott; the :nd I. understood Mrs. Graham to call hint Mr. Rigby. She told me he wax a lodger, and that his name was Rigby; 1 cal:NI lat bereft, him, Graham. and on Peeing him at the minor. I atik.t! if fir. Graham was at home. I knew ate p:rson as Mr. Rigby, the present delendaot. The s:enat' dins I sent to gee her. I inquired in the neighbourhood, het Mrs. Graham ei uhf not be heard of. I delferit.ed her after by her foreign accent, and I as old she passed by the nau.e cf airs. il:athy. tin the Mile day I went to see her, and mentioned the di iiicelty I had 'it findiag he". hut then amid nothing more. The house where it, y lived was No. L. In April 1023 I made title disecw. 7. Cross-examined litr Mr. 'Cut ESSIGE....-1 knew Caroline fieiet ling before the marriare. Graham lodged at my house When site mote to have her pertro:t taken. Ido it know if that was his first introduction. On their return from ledis, they lived together, from September to Ifeeember. Ile told her he hail received an unpleasant letter from India relative to his wife, which annoyed him so much, that lie iiirrt ely knew what he was about. Ile told me the letter related to brim oprieties Of c induct on her part. Ile also stated to me that lie could not live Iv , h her any more. She assented to receive th-: t 'ts, a week. I paid her up to June last, and Mr. Graham is still indahted to me fur the advances I have made. I don't think Ain , . saw Mr. flrahani after Decem ber MN. She told toe she wea keeping a lodging-blase at N 0.5, Albany-rind. fly a Juror—The pa ants were made sometimes by me, and somatimes she called, Will some:inns I xent to or called on James Ledger. examined—l hidge at 3, Albany-road. and went there its April. tam. Rigby, the (Intendant, passed by the name of Graham, and Mrs. Graham as his wife, There were two bed-rooms; I occupied one, and Mr. and Mrs. Graham the other. I could not distinctly overhear what passed. Ile itsuaily 'oohed the street door, and after that they Ishii ivert to bed together. lie generally called her "my dear," and they passed as man and wife. I have seen Mr. Laing when ha called to site Mrs. Graham. Ales. (ha haat told me that ,Si!. Graham was her second husband. . Cross-examined—Both sleepir.g.rooms were on the first floor. The two rooms adjoined each other. The sittirprooni was down stairs ; I don't know what Mr. Rigby is ; I heard he had a situa tion under Government, for which he had a small compensation. By the COUNT—There was no servant kept' Ilenry Lyons examined—l lodge at the house, Albany-road, and being out after 12 o'clock one night, lie came down to let me in. 1 apologised for being late ; he gave me a light, and he then went to sleep with Mrs. Graham. Ile said he had been twenty rein in the navy and had a pension. Ile answered to the name of Graham, and used to call Mrs. Graham, Caroline. She told me he was her second husband. Cross-examined—l thought he wan a captain in the navy, and he never told me he had only three shillings a day. Ile had all the appearance of a sea-faring man. Mr. SCARLETT—We have made inquiry, and find he has been purser in the navy, and has only three shillings a day half-pay. Thomas Saunders exinnined—l lodged at No. 6, Albany-road, from the 11th May, 1824. When I first applied to Mr. kigby, he ! told me his wife was net at home, and begged me to call again, as he never interfered about the lodgings. I called again and saw the lady. but I did then knot: her mini... I now know it. THISSIGER, for the eefendant, contended, that this action could not be sustained, and that the eaten ut Harris and Caulfield and Warren and Timbre!, supported his position. The Logo Cuter JraT!CE—l do not think the sepeatien in this so complete, for she might have her suit. I think the action maintainable the question of damages is a different matter. Mr. Tnrssratr.a then addressed the Jerry. Ile observed that he had but few observations to offer, and those observations would go to mitigate the drenages. He admitted that crimes of this nature deeply affbeted all men in society ; but there were infinite shades of guilt, and the guilt in thin case was of an trivial a nature as could be imagined. The plaintiff here sent her out to the world with a scanty pittance, which lie subsequently withdrew, and with out throwing around her any sign by which the world may know that improper liberties ought net to be taken with her. The defen dant did not know that the Indy wan married, and the Jury were not to award damages an for the breach of morals which defendant committed, hut for the injury which the plaintiff suffered by being deprived of the society of hi, wife, He shouhl not trouble the Jury I further, relying confidently that they would only give nominal damages. The Lon:lettere JCSTIOE observed to the Jury, that he eon sidered the plaintiff entitled to a verdict, but left the question of damages entirely to their consideration. Verdict fur the plaintiff, damages Is.—Costs 40n. LIBEL. TIARRI3S JAY. This was an action for libel, brought by the plaintiff', art attor ney at Hereford. against the defendant, one of the partners M a banking.house In the same town. Mr. Cross opened the pleadings. Mr. SC.4 R LETT Sated the close. The plaintiff; an attorney, re sided at Hereford. and was respected by all who knew him. Ile Was often l'nder Sheriff of the county, and now brought this ac tion for libellous words which were published of him by the defendant. The libel consisted in a letter written by the de frridant, and addressed to one of his partners, then in London, with a view, no doubt, that through his agency it might be widely circa_ laud. The plaintiff bad had a law-suit with the banking Gnu of which he was a partner, the particulars of which it was now unne cessary to state. It was enough to say, on the present occa sion, that if the plaintiff's remarks were confined to that suit, or the circumstances growing out of it, the oresent action never would hare been brought. %alien parties are at law, each generally thinks himself right; and allowance should be made for the angry remarks or bitter expressions which often fall front the defeated party. Rut in this case, the plaintiff completely yelled oat of that controversy; and he (Mr. Scarlett) thought that toleration idiould cease on the part of .he plaintiff, and that the party so reviling and so injuring another should be called to make a reparation in damages for such unjustifiable conduct. Th..: defendant wrote the libellous letter to Mr. Garratt, imputing in it the worst motives to Mr. Ilarria, and at its conclusion express ing ft wish that the law or the Almighty would rid the earth of such a wretch as the plaintiff! The letter of the defendant com menced with an allusion to the plaintifra sending the notes of the defendant to their bank for gold—it went on to call the plaintiff a " blackguard"--tn impute to him that he acted unfairly in his agency to a gentleman of the name of Western ; in fact, that he kept back two of his rentals; that plaintiff had taken up ore of the blackest causes out of revenge ; and the charges were ironed up with the prayer he just alluded to—" Surely the law or the Almighty will soon rid the earth of the diabolical wretch." All these charges and libels were evidently directed towards the plain. tiff. W'as all this, he asked the Jury, to be tolerated, and this too addressed to a profeioional man ? If the plaintiff had given any just cause of offence to the defendant, he would too he surprised at his irritation and at some coarseness of language ; but when atrocious calumnies were undeserved iy heaped upon him it was ne cessary that he should appeal to a Jury Mr their protection. The falsest facts had heel invented for the worst purposes, and the per. son who did so should be held responsible for the iojury the worked another. It might be said that the letter was confidential. as from one partner to another ; butt he was inatrucied to say the case would won appear very tharent intie^d. With these few preliminary remarks ire would proceed to call his witnesses. It wan nut admitted that the plaintiff was sworn as an attorney in 1817. .Me. John li'right examined by Mr. Tauter ON—I have acted as the agent of Mr. Ilarrias, who is upwards of ten years an two._ ney. I have no doubt he has martitted during that time. I first knew him in 1817. 1 remember the cause of Cruise v. Tusker ville ; but I have no distinct recollection of what pa-sod reLttive to it between plaintiff and Cruise. flanks was at my Mom before that action was brought. I conceived 11r. Harris' was the attorney. In that action the record was sent to triaL Cross-examined by the A TTOR EX L Ital.—l don't knew specifically 'hat plaintiff was an attorney beyond my being his agent. In lied 2 I understood dial II xrrias acted as Coder-Sheriff: I was not concerned for him as agent to the Under-Sheriff. Sly impreasion is. that Mr. Smith was the Under-Sheriff when Cruise brought his action. Saunders examined—l produced an examined copy of the record in the case of entire V. Tivskerville. John IV right is sta;ol to be the attorney. It was an action on the ease. .Me. John Wright again examined—The debt was 3001., sad the damages found were :1871. . . . . The ATTORN CV4/I:NERAL—The declaration states the sum at 4,0001. The Loan emir Jvatice—You know that says nothing. Janin Riekits exarnined Ds Mr. Cuogs— I Tuned 3 farm of Mt. Western in lte2, and paid the tents to Mr. Harris*. The AT TOMIY•UXI( LIAL—To save time, 1 Shial admit thir. web: John Montt examined (a letter put Into his hende)—l received this letter ; it is Mr. Jay% writing. The I. tire was put in and rvi.d. (7rooi.extuniny At the 111111. I received this letter, I was in p.trtuership with ear. J ar . lam tint a partner now with him. I don't Liao if TiivkYville was indelvtod to our lur.imt at cite time of tai' action. We advarecd him money. hut I can't .::y it we tetrad a difficulty in getting it back. In April 11 there were ilifP.reweew between toe and IlArrisit. ll'e had large apectalaions in the funds'. aril had about the accounts. I did net then entertain the ,t uric ion of .Mr. Hawks. I did not chew the letter i-ntued iately on r:ceiring it, for it could not give me a worse (-nil:U.:3 vet hiss that l hint ..Derry. Tile letter eas vuhvequeudy produced in July, in a hanktoptcy ease. I pioduced the Later a id; a view to an 110cm:inept upon it, but not to any thing in the bady d it. Harris.' Juke , ' for the letter and promised to return it, but Denr did marl it. It was not sheen until fifteen months after I rewired it. Isv chr I a:n not on good terms with llamas now. Idu not speak to him. Re-evamired—l had shewn the letters to many fiicuda of mine berate it was produced to the l'onimissionen. I VIM dasired lt.y Mr. Iledrnh ant, rate of my partners, to produce it—rather I was dared to do . The letter was taken away ; some person asked nvi fur. it, Imt I had it not, and some person said the gentleutau who took it has gone nut. Re-eress.rvamined--Soine of my friends bad seen the letter be' fore Apia, TI e letter 11'34 hex read. This we. the rue fw the plaintiff. The 411 - itin'it:ll•4;et4Eß•l. said for the defendant, that it watt not a little rairriinlinary that he should come here, beforr s fuddle= sex Jury, rather than a Jury of Ms own county, whn might be ae. quainted with h!, chancres. If any one of the Jury had his ekes ratter asssiled, to wham would he apply foe its sindleation ? Wrig to those who knrw him—to those whose goad ottivion he calnefs if thr plainnt' wished merely to vindicate, would he nat be raddled with tine militia and ohe verdict ? l:crniul> he would ; Int what would ire Jury ray when he told them that the tiny nett anion to be gird was one I/ this same plainti ff , agsinat Mr. l'advnlsam, tt , c other partner of .Ir. Jay ? l'he ties was, Mr. !Junin. this at , tomer, knew the least damages would car.costa, and thcrefon br brought these actiona. The letter complained of was a ecT.fidential letter, written by one partner to another, on a matter of business. Harriu had drawn cheeks on the defendant's house; he dM not Ilke the transaction, and he made such observations to hit Ptivlnef as the circumstance.s edit for. He world not go the tz:)g , h cl say hey, it was a lettu to be publicly circulated; but it went at less cut flown the damages. How did the !temente tits light Why, Carat quern , tet el* his prows and than *hewed tit lettet, Cer tainly nn yen respeetahle course of conduct. How did rants. get, the letter ? Why, it was produced ha'ore the Canurrisaternn, oat for the purpose of seeing its en!liellltt, but to see an 'hielladiseat upon it. relating to a totally different subject. fie Markt bet oar that Harris* purloined the letter, but he would ask who ore it publicity—who wished it to he spread far and wide throt.git the agency of the plablicprese ? Why Mr. Ilarrim himself. Under such circumstances, then, he was sure the Jury would may give 3lr. Harris' a farthing damages--the full amount to comps motto hits for his character. M r. d c ARLET T —Aa Psy Leered Friend has !atrctlqcvl P. new and important fact, I have a right of ►eply. The AT aoaarmr-Ozataaa—Tbe ears, palm win jusdfr what I stated. Mr. SCARL V:TT—I Shall not now 'mkt upon 'the I:fit. bet 1 giro my I.mtne , l Friend notice, that in future I Ault earr e it. The ATTOII NET-GENERAL— If my Learned litiend wi!l adhere to the :tame nay I can haire no uli!etion. The I.onn Cutrr JI:,TICE lets the amount of drr,gea td Jury, •liu rata:tied a verdict fur the plahtlff.—Pcmagts 111.11111 , 511 o. 1110DENTIAM. ..... This was a case similar to the het. The plaintiff' oat the tame, and the defer.dant was • partner of Mr. Jay a, the defendant in the last ease. Mr. scsecrvr.—We shall not trouble your Lordship with this ras-. hut will withdraw the record. TI • Lump Litter JUSTICE.—And you ict very properly. puirovr v. DUNHAM. This was an action brought by the plaintif to recover °striper sation in damages for a trespass commi t ted u p o n hi. p rem i ses . Air. Buoy ottau stated the case. The plaintiff was a gentlemart of high military rank, and at the period of the trespass was la bouring tinder severe illness. It appeared that a judgment bait been obtained spotlit s son of (letters! Burton in 18i7; but in 1817 Captein Napper Burton died. There were, however. same late proceediags, in which the name cf Captain Napper Burtos. were Franglit before the public, and the defendant fancylng that this gentleman must be the Captain Borten, without further in quiry sent an officer into the General's house, in Hemet-squaw where he then lived ; not satisfied, however, with that, they mail.• inquiry if the General had not a country House ; they aseArtaire hr hail, and although there was enough to shew them that tF7 tieneral was out their debtor, they went t, the country hnese, there they periOrnied the same operation as in the town house. The bailiff never went to consult their employer. They remaire in the house, ordered tires, refreshment, and other conveniences. with all of which they were furnished. This is no trivial wrorg no little injury ; it was gross and culpable negligence, and th.s. case of its being a mistake could be of no avail. It was not be cause the defendant said he was mistaken, that such conduct shodkd remain without puni.hmet , t. For if the Jury passed this matter lightly ever, they would ea.+. of them subject himself to In nnuoyed at any time by bailifis. who thought they might es -1 cape under the idle and frivolous plea that they have been Asks taken. The real defendants in this tone were Hurd and Jolinsor. solicitors, who were the last persons that should have permitted I such carelessness. _ Bourge rammed—l sin a servant to General Burton t lives in the parish of St. Mary.la.bonne. I remember th' evening in question. The defendant came to the house, an': asked if General Dorton lived there, to which I replied he di:i They then gave me a card, chid I brought to the General, who answered, "he did not know what it meant, but let tlfern gene their mind in writing." I told them this, and they, sald was no neceso!? for 461 so. They then asked 'ne if th. General did not thep at nis cOuiiiry noose! I Pot, nor a:" this time of the year; and they then asked me where it was situate. I answered. "near Highgate." They then went to General, and arm en a piece of paper, "1l e have a 4:sto!..s against the goods of General Hutton, at the suit of Hutd Jelin3Cll." They spoke in tl lot o t vnire. Dunham then wet.: out, and left the other man in possession of the hence. haul did not return that night. The General did not retire to rest till nearly twelve o'clock, his usual hour being from eight to nine o'clock. A few days before he had received a gun-shot in the side. Nest day* person of the name of Gray rime to dys house ard went into the parlour, Mit I do not know wh a t ruses:. The bell rung, and Gray said, " Mind, William and Cook, this happened through a mistake, the General being of th same name t and I am now come to take the man In possmicy away." The General put his finger up in an angry way, and sai:t it was very odd they should take a General for • Captain. The men then went away. Cross-examined by Mr. SCAALITT.--i di,/ not take down i t writing what the men said. I do not recollect the General saying that they must go to Hornsey, and ay the same to the servants there. The man remained in the dining-room all night: he ha.l no bad. I do not know either of the General's sons. I think this passed on the tith of January, in the evening, and the 7th, 4 the afternoon. He.examined—The General's bowie wu very handsomely fu:- °Med could not be worth less than 7001. Winifred Hone, a servant in the family of General Bator, corroborated the testimony of the lest witness. Mary Atkins, examined by 3lr. D. F. JoNts—Thit witsses lived in the service of General Burton in January 1 & „;., s ad d e . posed to she possession taken of the house and furniture, under an execution. Kavanagh was the man who came. James Atkins, the husband of last witness, confirmed her state. mem. He saw the warrant, aad the names of Hurd, Johnson, &an Dunham, were contained In it. _ _ Micha;l Kavanagh ezamineJ-1 was sent by Mr. Dunham to take pun/talon of the furniture of General Burton's Louse at tiornsey. Cross xamineJ.— I remained there from eight or nine o'clock in the evening until three of the next day. Mr. Orly own* there and explained that something was wrong. Mr. Gray then dischargval me. !le said something about a mistake. 1 had a vary goad kati and the people were very civil to me. Re.examined—l had a good breakfast, luncheon, and dinar. Mr. Baocutram.—And all this before dinner !—Ves, 81r, and we parted very good fliendv. Mary Atkins again called—She made no charge to Gerterat Burton for what she gave Kavanagh. The General wished wee ter make a charge, bnt I left it to his own generosity. • Cross-examiuede—this was immediately after possession was taken. __ William Henry King examined.--We are attorneys for the plaintiff: We were applied to on the Bth of January to proceed in this case. Captain Napper Burton has been dead about Ire years. Cross-examined.—We did not sue out the writ till May Isar. I think we were preparing for the action from the fint instrfsetioes. We wrote to Hurd and Johnson en the 28th April. 1 knew the liencml's sons, and have known himself for twelve or thirteen year.. The plaintiffs ease closed here. Mr. Susi'E'er addressed the Jury for the defendant, and re• marked upon the unusual course pursued in this me. in calling the plaintiff's attorney to price that he had received instructions to protect In this action. Iledoubted much whether any instrtietioc4 were given to Mr. King on the ikh Jammer, but upon that point he should not ray more. The fact wry, the Cruet:ll had a son, spur-t whom a judgment had been taken for NUL and upward.. ; and the temporary possession of the house arose merely through mistake. the party imagining that of the two persons hearing the same name. it might turn out that the judgment could be satisfied, and that the person would also prove to be the defendant to that judg ment. With respect to the defendant sending to Hornsey did his duty, for how was he to know that the house in not a furnished house, and as yet he (Mr. Searlett) was ; know whether it was not a furnished house rented by Gen. ton. But bow did the ffenersl himself act upon the owasion wily liken man who knew it was only a mistake. A letter s written to Hard and Johnson on the subjeet, and they immediate expressed regret at the Mreumataner.„ adding, that if it app.- they were mistaken, they would sincerely apologist. Upon they were satisfied, and the bailiff.; were immediately withdi The (fewest felt no inconvenience himself, but only as the servants knew of the execution, and generally tongues, that the apny should be made at both the 1 the prensce of the datreat persons. Gametal Button, as i~ I , i ~, ey, he only n town w. 4 at • lOWA V. metal litt , - 111110 S ? E. • • letter nunediatelv appearr.l port anquiry withdraw... My relate.: tad houses, t t • Y a man e: 4 I . j+r