The British Press; or, Morning Literary Advertiser. — London, England, 1825-11-01 00:00:00

OF THE COMET STEAM-PACKET. (Front the Glasgow Courier of Saturday.] public anxiety and sympathy still continue to be directed to the sad accident which befel the Comet steam vessel, 5041 t he fate of the unfortunate passenger* and crew, who were . • ea h o ar at the time of the fatal catastrophe , more rape - c i a ffy u there is the strongest grounds to believe that the number of victims has keen underrated. Since our last, t he umlennentioned bodies have been found :-- IVEDNEBDAY Arrea:aono. Pupae al'Kentie, fireman of the Comet, Immediately recog mod, and claimed by his wife and father. A o a, a pparently about 10 or II years of age, unknown. but mpra ed to be Urace 31•Kenair, nitre of the young woman Rose, - gland es Saturday, and whom, it is believe!, she was accompanying f rom to o t No A't youag wotrar, unknown ; had on a brown bombasin gos 1, :nitwit grey worsted stocking, and Allocs tied with white tape, ;: o posel to have cone in at Oban, and then to have had on a black b a ng acd two black feathers. . TIIVRID•Y, OCT. 27. The body of a man with fustian jacket and trousers and ' g bbck rest,;was found ; he is supposed, from cad dates foural in a pocket-book on his person, to be either Lewis or Donald M 'Kay, a son of George M'Kay, be lengieg to the parish of Duthil; Peter Sutherland, the euputer of the Comet, says he is Donald M'Kay, by trade asa mb, will that lie was on his way from Invergoidon to Gl as gow to seek employment; and this account is by no mars improbable, from the coincidence of a smith's l e ather apron being among the articles washed ashore on t he day of the accident. A inau, named Munro. An elegant *earl, which is, with much probability, sup mot to have belonged to the unfortunate Mrs. Suther , was brought up by the drag on 'Thursday, and from t h e we i l rht which continued for some time to be attached w t h e da there is session to believe that her body was $, etta clu.l to it; but, getting disentangled from the t he corpse again sunk to the bottom. It is to be hoped dm it will be immediately come at. Lord Fife, much to !kis honour, has, we learn, expressed the utmost aziety for the recovery of the body of this amiable lady ; ual cee et.enicated his wish that no expense tray be spared o accomplish this object. 'lhe fate of Captain Sutherland and his lady (married flte weeks, instead of five days, as we were at first hiferuistl) has excised the utmost commiseration. Their men marriage--the youth, the beauty, anti the ac rorplis:sasetit of the lady—and that her husband was a b ee , ae d a —silent officer in the service of his eauntry— these, all these things, as they !same more generally known, Tailed and spread an interest and a sympathy for their character and their fat; as deep and extensive as it is honourable to the public mind. Every particular, there fore, concerning them will be received with deep attention. We stated, in our paper ofSaturtlay last, that Mrs. Suther- List for wane time clung round Mr. Alexander Anderson, while he was struggling in the waves to save himself. Thi s account was contrunicated to us at a late hour ou Frisby evening, by a gentleman of this city, the brother in-law of Mr. Andersen, who oblig ingly waited upon us immuliately site the arival at his house of Mr. Anderson, from Greenock, with all the particulars he could learn from his relative, in his then enfeebled and agitated state. The account we gave was, he : ..tes, the impression left on his mind, from what Mr. Anderson said with regard to Mrs. Sutherland. Upon more particular inquiry, made of him on the subsequent tine, however, we leant that the following is the correct account of what took place during the hut n oments that Mr. Anderson saw the unfortunate pit s—He heard :he enginetnan call out to steer towards the shore. Almost at the same moment the eng ine was stopped, from the water rushing in from the bow. The bow of the Comet was sinking, the passengers were rushing in a crowd to the boat astern. 'Mr. Anderson, who was an excellent swimmer, and calculated upon that resource is the last extremity, stood on deck, holding by a rope. At Ibis moment he was seized round the arm, near the shoulder, with a convulsive grasp, by a person bellied him, lamenting their fate. In his perilous situation, he eudea roared to shake the individual off, cede:ming, " Let me go"' when turning round to disentangle himself, lie perceived that the person who hail seized hold of h:in was I. q.‘chtrlantl. His heart emote him at the sigl.t and he Jr a d to her In the kintlestmaunt r for Lae- MA114M64440• 4 44.1. ••••••• 4 *IS that had addressetlisitil l sit moment lee per ceived Captain Sutherland at a little distance, in the net of throwing off his cloak or coat, to trepare himself, as he eroactived, for swimming. In the meantime, without letting go 1, , s hold of the rope, and wishing to render Mrs. Sutherland all the auietance in leis power, he gave her a strong shove forward in the direction of the boat astern, as the only place of safety. Mr. Sutherland must have' tutmediate ly joined her, as Mr. Rankine assures us one of die crew told him that he saw them leap together into the sea from the starhoard quarter, as the Comet finally sunk. %neat teak place afterwards, however, Mr. Anderson rennet tell, as he was almost immediately compelled to turn his attention to think of his own sect) , by finding the water adore the deck where his feet stood. He, how. over, kept Ills hold till the water reached his middle, when a wave rolling over the Comet carried him off' his ism Ile then betook himself to swimniirg, when a se cad wave threw Iris great coat, which he had retained, sPer his head and almost suffocated him. Ile, however, metaled in getting it thrown hack, when he perceived thst he was swimming from the shore instead of towards it. In the latter direction he turned, when he was soon afterwards laid hold of by the enginetnan of .the Comet, soN reached the shore as we formerly mentioned. Captain Sutherland's hotly remains here still unin trend. Upon reconsideration it was judged proper to de lay the funeral, in the hcpe that the body of his lady wain he formed, so that as both bad perished together, loth might be luried together. Lord Fyfe, also, anti sett fri.nds from the North have, we bear, signified their wish t o b e p resent on t h e me l anc holy occasion. An 'legato coffin stands ready at Greenock to restive the rem ait.s of Mrs. Sutherland the moment that the same mac he famed As the last bodies found err rapidly approaching to a state of putrefrcticn—so rapidly that it is difficult for their triads to recognise them, it is highly desirable that the ( . irnet sho u ld b e ra i se d. Thi s I s lik e l y to b e carr i e d Int) effect without delay, as our river Superintendent, with s!: tbs necessary apparatus and assistance, left this at an 'io hour yesterday morning for the purpose. During Le whole of yesterday the weather was exceedingly mild an't favourable, and by this time the Comet has pr trebly bean raised, awl the extent of the lon, by this melancholy oval, been ueertaised. Courier Office, Friday Evenirg. No mate of the bodies of th? unfortunate sufferers in rite beew found at a late hour this afternom. Alen were still actively employed dragging. The most active apaattans were going forward in order to raise the vessel ; ant! our infarniant nays, he is confident that she is by this ir e ut chains, and h expected to be got up by Sunday. hart of the pump or the engine was brought up by the drag ii.a nursing, which !hews that the machinery must have I..tn lruLat, and al s o how dreadful the fatal stroke front the .117 natht bare been. Courier Office, Fr:dsv Evening, 9 p.m. , The body o f Mn.s S ut h er l an d was. found, about two o dock taus aft, moon. IF:ozn the Glasgow Free Pressor Thurotliy.l GREZNOCE, MONDAY MiII:SING. The following arc particulars we have gatitsred from of the crew. who was gavel. lie says that the pilot 6( the Comet wislril a light to be exhibited in the lantern, bett he was told " there was no li;tlit to spare till such ltmc u they should arrive at (irecnock, as there were bat feu candles oar board. This denial was snide by the captain f 4 o . w of the stewards, but lie cannot now say which of gallon After the concussion the Ayr swung in on toor-t's larboard paddle-box, Sutherland, the carpent.r of the I ~n.et, shoved off the .teen-boat of the Ayr ; and, oig so he heard one of the pc rums on board of h-r " set on the ci‘ine," which was done on the instaat, Fed she bore off. The Camel stopped their togine s laneser they thouelit the two vessels would cJnie cont.ot with each other ; and if they hail not done so, sang the tinmen:e power of tine two boats, she would have nnie.lown in a moment. Sutherland says, the cries of the ..sys, 'l't limn.' him, wh, It they found the vessel sinking. 1 the Ayr making oT, were dreatlfal. They imploreil Ih ' " en , of the Arr to r en d er t h e m aSi a tauce, as they si.:l l . alibe lust; bitt, alu ! that c:1:1 were in rain, for wlolo di c 111 ow, the hearts of the crew and people were made of adamant. He (Sutherland) is confident they might all have been saved. When he found she was sinking he endeavoured to take ofr his „shoea ; but would not, as they were eyle holes, and laced up to the allele. He managed to cast off' his great coif, and after freeing himself from those who were hanging to him, he jumped into the water and swaut after the Ayr, calling on them, " by all that's good." to pick him up. This they did not do, although be is sure they must have heard or seen him. After swimming half an hour lie observed a light on shore, and made for it. Had it net been fur the assistance rendered to him by those on land he must have perished. lie was benumbed from head to foot, and could not stand upon his legs. He heard John APLachlan call "port" to the pilot of the Comet, which was done. This term means for the boat to fall to I the starboard, which he believes was attended to. Their crew also cried to the other boat to keep off, but no notice was taken of this direction. Sutherland cried out, when the concussion took pl&ce, "you have done it now," but the worth were scarcely out of his mouth before the order was given "to set on the engine." The Captain of the Comet instantly ordered his engine to be set on, and the boat to be run ashore. Five or six minutes after this she went down. The Comet's stern-boat was put cut, but she was instantly overloaded, and went down. Sutherland was east away on the coast of Holland in 11417, at the time the Albion smack, of ',Atli, bound for Hamburgh, was lost ; and in MR he was on board the Stirling steam-boat, when she exploded at Grangemouth. SPORTING INTr:LLIGENCE. NE W3IARKET HOUGHTON MEETI NO. MONDAY A FTFTI snow, Two o'Ctocit. The betting men this morning sumtettilded at a very may hour b fore the NOM., where they continued till about II o'clock; they mired to MI Death, formid the ring, and kept up the betting very bri►kly till halapaat 11, when the races continenced, and at which ume the Wile had aetticil as under : D 8 to I apt Monarch 9 to 1 apt Bolivar 13 to I apt Cedric Iv to 1 agst The General 18 to 1 ag‘t Sophist 20 to 1 apt Zitleas 20 to 1 asst .itivaoce 8 to I apt C►.'anes 8 to 1 bght l'Asn OAKS. 1 i to I agst Parasol it to 1 apt limy ST. LEGEtt. 8 to I agst Dedismite 113 to 1 3 . gst Crusatior 2.1 to I apt ilelcom At twenty minutes past eleven his Royat Iliehns the Duke of York arrived on the Course. mowted or his favourite dapole grey, attended by a groom. Ilia Royal ilightaw wan won after followed by their Orsces the Duke and Duchess of Rutland, I.ady C. Powlett, and two other ladies of distinction. When our account left, the following Races had been de cided : Third and last yew—One third of a subscription of `25 soca each; yrs. iht 81ft ; 6 yrs. 4.t ; and aged, ;Ist 31b. B.C. Dona title the property of subs.—(lo subs.) Col. Wilson's bl m Black Daphne, 51rs Duke of Gr;.tlnn's br m Zit c. 5 yrs Lord Verulant's b h Vsurien, 5 yrs Lord Exeter's ch h Zealot, 6 yrs Match 100 ; C>t Sib each. First half of Ab. 31. Captain Roue & Witch . Sir J. Shelley's Infeltx Match 100.—T.F.C. Mr. Wortley's Gimuette. Est 21b • Duke of Urattoo's Rebecca, 11•t_51b pal - pa 1 - 2 1 - 2 Match 6008 a. A.F. Mr. Gresille's Don Carlos, 84 71b . - - 1 Mr. Thornhill's Surprise, 7st 71b - - - 2 Mateli--31ithIleton against Crockery, 150. Sweepstakes for 50 roes each. We have just heard that the bl.:teh is off; and that Goshawk walks over fur the ccpstaken. TATTERSALL DEW MONDAY, OCT. 31. lay. 16 ta 1 apt Zuleika 18 to 1 apt Sophist 20 to 1 apt Ativance 25 to 1 apt any alter OAkS. 8 to 1 apt Monarch 9 to 1 agst Bolivar 14 to 1 agst Dr. to Ivanhoe 15i to 1 agat 'l...litrueral 8 to 1 agst Sister to Moses 8 to 1 apt Pawn 13i to I apt f. uut of Ilcnry'adatr•. IT. LI fill to I apt Parasol 12 to 1 apt Elizabeth IS to 1 apt Sister to Cre EGEI. 18 to 1 apt Barefoot 23 to I apt Belzoni klleton apt Crockery. 81 to 1 ngat Dernamite --- 13 to 1 stint Crusader Match.-11 to Et M. HUNTING APPOINTMENTS. The York and Ainsty hounds will meet on Friday at Stipwith— at half4ast ten. Sir T. Sykes's hounds tomorrow at North Orinston, and Friday at Galby Park—at ten. The Earl of liarewood's hounds to-morrow at Arthington, and Friday at Harewtrod Bridge—at ten. The Earl of Darlington' , houndr to-morrow at the Salutation, Leerning-lane, Friday at Thruntotr village, and Saturday at New ton Houae—at eleven. Tha Sinnington hounds on Friday at Hutton Bank Top—at nine. The Cleveland hounds on Friday at Skelton Park—at nine. The larnbton hounds on Thursday at Bornopside, and Friday at the kennel—at ten. The Ho!dermas hounds on Friday at Bentley—at half .past ten. The 1 ork City harien on Thursday near Acomb—at half past ten. The Borouglibridge hariers on Friday at Skelton--at half. past ten. The Northumberland hounds to-morrow at &laity, and Friday at Pumeland—at ten. NYarwlekahire Hunt.—)lr. Bay's hounds on Thursday at triton Wood, and Saturday at Wolford \Wood—at a quarter before eleven. New Form hunt.—Mr. Niroll's hounds to-morrow at Bolder. wood Lodge, and Saturday at Hunter's Inn. The Hambledon Hounds to-morrow at Ilill.place, and Friday at Wwaiend Telegraph. Mr. Farquharson's hounds tn./mm.lw at Honeycomb, Thursday at Glanville's Wootton, Friday at Wicherstone, and Saturday at Sydling itarn. Mr. Codringlon's hounds to-morrow at Cranky West End, and Friday at the Black Dog, Chillnark. The IL II• tn.morrow at Branstlean Common. Thursday at London Igsigo, and Saturday at Bradley—at ten. The East susses Nand' on Thursday at Southeast, and Satur. day at Magnin . (been—at a quarter before eleven. ENTIAOGEGNAIIT STAG liuNT.—On Tuesday morning Is- t' a fme forester was peen about half -east ten o'clock crossing the country tinder Ilembury Fort, in the parish of Feinton. The ha rien of T. C. Northeote. Esq. were laid on in three quarters of an hour, and immediately dashed off. at Awiecombe, crossing the hills to Sidbury and &Immix, and back to the covers belonging to the Rey. Mr. Cooper, where, after a tun of thirteen or fourteen miles, they came to a check t but soon tinniest him, when lie went Win gallant style, anti after a chase of about three hours, at nearly full speed, these crack little dogs ran into him, being much indebted to the room for the last hour of the chase, which terminated near Mr. flordon's woods, and was not over till seven o'clock. Mr. 3lytton has con:en:lewd the report that he intends challeeg ing foe the Whip with hongwaist, and that he will tun him against any horse, &e. four miles. Mr. M., ho weer, acre, fur the honour of the minty (Shropshire), to run him at Chester. four miles, for 1.000, against Lottery. bongwaist carrying list. 21b. and Lottery 10 . b. more for his year. The offer will very probably be accepts tl. SPORTING QUESTION pert net:l.—The opinion of the Stew. ants of the Jeciney Club was requested by the Stewards of Roches ter and Chatham Races on the following case :—For the Chatham Plate, the winner of a Stake or Plate in 1825 was to carry 71b. extra ; and the question was, whether a filly who had won a Piate subsequemtlfi to the mitering for the Chatham Plate, but previously In the running for it, was to carry 71b. extra ? The Stewards of the Jockey Club gave it as ihcir opinion, that she was not obliged to carry 71b. extra ; and they stated, they were aware that conthet fog opinions had been given on this question, but on mature con sideration, they thought the better rule was, that a hone, being duly qualified at the expiration of the time of naming or entering for a stake or Plate, should not be affected, as to that Stake or Plate. by any au rent event. • ASCOT Races, 1826.-11 is Majesty having been pleased to grant a Plate of 100 guineas, to he run for by Winters only, on the last day of the nett Ascot Race's. the following Regulations are to be observed on the occasion :—The owner of each horse that enters must produce tickets, certifying that such horse has gone eight runs with his 51ajesty's stag hounds bctwten the 27th of'Oc tober, 1025, and the 25th of March, 1826. No hove to start for this plate that mr won a plate, match, or sweepstakes of 20 gui neas value. or upwards ; but receiving forfeit wall not he deemed winning. Five-yeart old to carry Ilst. 71b. ; six. I Ist. Mb.; and aged, 12:b. lints, two miles and a distance each ; to start at the distance pelt, abd go once round and a distance. CORN-F.XCiIANGE, NICINDAT. OCT. 31. The so; illy of Wheat during the Lot week boa beer tolerably Loge for tlaz otertson, asllalso of Flour, upwards of 1 1,000 sacks ; hence, thooXt the arrival of Wheat this morning was by no means large. tit.: 31ealing trade was exceedingly doll, and the best runs barely supported our last quotation, whilst the middling and ottli nary deserlptions. which formed the i4r attr portion of the sopply. can only be pot oil* on lower terms. Bach y Onions colic a. 4 gond prices, and Deans of both sorts are readily taken MY - at our last quo tation ; but White Pease are from ls. to 2s. per q u arter lower, and Grey also are rather cheaper. Though we 11:11e had a good aupply of Oats “.:13 day sennight, both tr ,m our own roast nrd Ire land, in the whole upwards of 30,000 quarters. and u ftrther arrival Ilia morning, the skaaansl is adequate, and last week's prices ate folly sogyertcd. elpur ceatiaues matty to value. . • THE BRITISH PRESS. LAW NOTICES. -.mum-- - COURT OF COMMON PLEAS. Cause to be tried this day. at the A djeurned Sittings, in London, Lye Special Jury. rirnste..il v. Slisw and Another. COURT OF KING'S BENCH. .—t— Middlesex Common Juries appointed for to.morrow. Sutton r. Beetlle Doe v. ileoley Leddand r. ENSOi Speed ti. Ilignall Price v. Rates Everard v. 'leaky Prince v. Lewis Petcock v. Dickinson The King rt. Mee Conway v. I)ignarn Early v. Meredith Brooker v. Atten- Balthellor v.lkooese Smith v. Eire ocker Aldridge v. Terry Drew v. tlliffortl Platt v. Salmon Grraraley v. "Slake Elmore v. Newton Stobbartv.Sanderrion Rody ti. Carter Barnes v. Nt'ltit taxer Sliaddiek v. Bennett Grist r. Seott Appleyard v. Dig. I Waters v. Wood. Marks r. Reilly nein bridge. Bryant v. ercevy LAW INTELLIGENcm. COURT OF RING'S BENCH, MONDAY, Om 31. The four Judges, pursuant to notice, !Otte this day to hear argu ments uu the King v. Rum% writs of error, and London new trials. THE 1186 v. RUSSEL. This was an indictment for a nuisance in obstructing the navi gation of the river Tvne, tried at Volk at the last Spring Assizes, and a verdict of guilty found. Mr. Brougham, in the following term, obtained a rule viii for a new trial, against which the Court was this day to have heard Mr. Scarlett's argument. Mr. BILOUGH•3I. on its being called on. rose to beg that the CAM aoold put it cif, as Mr. &arlett was absent, and die three Juniors who were with him wens all out of town at the different Sessions. The Lonn Cut Er JUSTICE said, that for this very reason Mr. Scarlett ought to have been prcseat, as he was perfectly master of the case. After ►ome further conversation the requ-st of Mr. Brougham was acceded to. AItATET I. ! 'SAS-WARD. Thin was a writ of error out a judgment of the Common Pleas on a demurrer to a declarationk . Tennant,. Mr. Jsive 31Y, for the plaintiff' krs error, asid, that the only question here wax, as to the construction to be put on a covenant in a sale; whether two clauses in this covenant, as he had to contend, ought to be taken jointly, or whether, as would be argued on the other side, they could be taken separately, and an action brought on ore of them without any reference to the other. The plaintiff in error was the porchaner of two estates in the county of Ensex, called Vcatbarrow Hall and Ea•twood Farm. The render of these rowel came to them by virtue of a devise, and they were charged, with the payment of annuities of 100 L &acerb of his four sisters. When he sold them to the plaintiff in envy he took covenants to in demnify hintself, ntsd also for the payment of the annuities. There covenants, he said, must be taken jointly ; that is, that the purchaser, under them, wan not liable to any action under them till the vender been damnified. Mr. Cur rTv was about to argue for the other side, when the Court told hint it was not necriwary. The Loan CHIEF - JUSTICE—Here are two covenants ; one to indemnify, the other to do an set by which any damnification may be prevented, namely, by paying the annuities. It seems to be perfectly cleat that these covenants are independent, and that the purehaver or these estates is liable to an action of covenant for the annuities, though the vender of the estates on which they are charged has not been damnified. lam or opinion, therefore, that the judgment of the Court below must be affirmed. The three ether Judges delivered their opinions seriatim to the same effect. Judgment below affirmed. purct v. SEAMAN. This was also a writ of error from the Common Pleas. The plaintiff in the Court below had agreed to purchase. from a third person, certain freehold houses. The defendant offered him 401. for kis bargain, which was accepted an action of assumpait was afterwards brought to recover this 401. and a general verdict found fur the plaintiff. .51r. BARSToW now contended for the plaintiff in error, that the enginel contract was only a c!.ose in action, and, therefore, that it could not become the subject matter of a bargain and sale. Ile contended also, that these bargains, according to the statute of frauds, ought to have been in writing, and signed by the parties ; that mere was no evidence that this was done ; and, therefore, that they were not valid under this statute. Mr. TaLrounD, for the other side, argued that the assignment of such a bargain was a sufficient consideration to support an ac tion of assumpsit and adverted to the case of an equity of redemp tion, which had been held to be sufficient, and which he contended carried the principle quite as tar as the present ease required. The Cot :air—Undoubtedly by the statute of frauds, these con. tracts ought to have been in writing ; but it is too late to make any objection now, as. after verdict, we must presume that they were in writing, and properly signed. The declaration says, •• barganed and agreed and after a verdict for the plaintitr. we must presume a bargain and agreement,' such as to mice an effic. mai transfer. The asegrirrretrt choie in action la got contrary to law ; the law ham merely put sortie restraints upon it, and says, that an action must be brought upon such assignment ►n the name of the original tessignor. It is every-day practice tor a debtor to assign away all his property and rights of action for the benefit of his creditors, and for the assignees to bring actions upon such RS signments. Fur these reasons, therefore, the Court is of opinion that the judgment of the Court below must be affirmed. Several other causes were called on, in most of which Mr. Scar lett wan engaged : they were put off by request ; and the Court nil. jammed at one o'clock, in consequence of no case being ready for hearing. Loao Cntsr Jrarrcr remonstrated strongly against the negligence and non-attendance of Counsel. lie said, that it was the opinion of the Court, that when full notice had been given what eases were to be heard, they ought to go on, wheelie? Counsel at tended or not ; they should, therefore, the the future, take the cases as :hey stood on the paper, and decide them as well as they could. COURT OF COMMON FLEAS, MoNDAy, OCT. 3. SHIP INSURANCE. STRONG V. HARVEY. This was an action on a policy of insurance, effected on the ship Waterloo, bound from Jamaica to London, and which, in conse quence of being nut on the Tortugas shoals, occasioned a consider. able loss to the plaidtiff. Mr. Sergeant I'ADDT stated the case to the Jury. The policy bore date the 15th of February 1022, and was to continue to the 15th of February, 1823. In toe course of the year, the ship, in her voyage from Jamaica un the passage of the Mexican and Florida Gun*, was run on the Tortuga. tech, and after being obliged to dispose of a part of her cargo, she was, by the assistance of an American privateer schocncr, called the Centella, got off, but in so damaged a condition that it. was absolutely necessary to have the assistance of s part of the crew of the schooner to take her into the port of Savannph for repair. This having been done, the Vice- Admiralty Court at Savanna') decreed a salvage to the salvers of 13.000 dollars, to pay which the Captain of the Wa terloo was obliged to dispore of his cargo, and which he did at a lo.s of 8000 dollars. Tile present action was therefore brought against the deferniant, who, as well as the plaintiff, belonged to the Pacific hlutual Assurance Association, to recover his viol ortion of the loss sustained in repairs, salvage, and on.tl sale of the cargo. The following evidence was ea/led in support of these facts : Capt. Partridge examined—l was the Captain of the Waterloo, and took the command at Cork. Plaintiff was the owner ; the bur den of the vessel was 110 tons; nine men are sufficient to form the crew of such a vessel ; plaintiff took out about 400 f. worth of goods from Cork ; we went Mat to Madeira ; there were goods in freight on board the vessel ; we took in wine at aladeirn, both on freight and on the plaintiff's own account. We landed good. and passen gers at Jamaica ; we then went to the north part of the island, snd took in a cargo of rum, sugar, and pimento, for London : we sailed on the 12th of November; we pursued the track of the gulf-stream; on the 231 we were on rite 'Tortugas shoals ; it was about two in the morning, anti very dank ; the wind hail suddenly shifted, and there was a squid! ; the 'heal was a very dangerous one; we got the kedge anchor out, but we could not get off, sod we were obliged to throw some pimento overboard; at day-light we were still aground, and we saw the Centella, an American privateer, and the boats, coming out to our assistance. Some of the men had been hurt, and the vessel was in danger of going to pieces ; one of our boats was stove while carrying away some of the pimento, and in wetting out the bower anchor, one of fhe Ceatella's boats was swamped, on board of which were six men, who were, however, all saved, and the boat too. The wreckers came to assist us about an hour after the Centella had arrived ; they had boats, which were about 30 tons burden ; there were five boats, and three men were in each ; we continued lightening the vessel till two in the afternoon, and put the cargo on board the boats belonging to the wreckers; we put out about 2410 bags of pimento, and about five or six puncheons of rum; we also put out the bower anchor and the hempen cable, which required the assistance of twenty men to erten and which we could nut have done without the help of the Centella ; the rud der of the vessel was partially unhung ; when the ship was got off she was repaired as well as circumstances would allow ; the cargo was then reshipped, and we sailed for the nearest port in America, to get further repairs, without which it would have been utterly im possible to have returned to EnFland. A man of colour on board the Centeno dived under the 1i aterloo, and brought up a piece of her keel. I was °biked to go to the pmt of Savannah, as 1 was nuder the protection of a Colombian schooner; if that had not been the case I should have gone to the Havaunah. We gave 0 hag• of pimento and some sugar to the weepers, and I wrote to Captain H op p er , o f ;ha Centeno, for some additional hands to take me to America; lie objecr.d to tendering me this insistanee, unless I abandoned the brig and cargo to his protection ; I slid an, and ire then seat Me six men aod an officer on board. We went to Savannah, and when we !tilted there we placed ourselves under the English Vire-Consul (11r. Walli*), who told us we had better dispose of the cargo, as no money could be obtained on the ship's bottorory. The cargo tra* suryceeti, and then sold, after which the brig was serinefeJ, and het false keel w a s f oun d to he gone. her main keel very much injured, the stentspost was started, and her wu copper was also injured by being rubbed against the rock. It necessary to take the copper off to tee the damage done to the ship. Thoth her masts were injured. It was necessary she should be.repaired before she proceadol on her %some, which was partially , dour to us to bo able to vroce4l w Ls:Welt' Proceetliugi were taken in the Vice-Admiralty Court at Saiannah, and the ship was taken possession of; and 'Lore than tw‘thirds of the cargo was sold to pay her salvage (being 12.000 dollars). and the repairs. She was ready to sail again on the 14th or February. and we arrived iu London on the 20th or March. When she united I should think further repairs were necessary. Cross-examined by Mr. Sergeant VAUGHAN—This was my first voyage on those sera. The men continued sick till we got to Savannah. We had fine weather till we got th*e, mid she sailed to the port well, She did not make move Wattr on her voyage than • sound ship would. The distance to Savannah is between 5 and 000 miles. I should nut like to.have remained near the Tonugas after the Centeno' went away. The Centeiix left us on our passage ta Savannah. Two or three days after that we passed a *charmer in the (lull', bound to Havanna)). We omitted to put on the log that the Captain of the Centelt, refused us assistance, unless we abandoned the ship. I was examined as a Illness in the Court of savannah. We brougl:t home about two-thinls of the cargo to London. Re-examined by Mr. CAMPBELL—In going from the Tortugas to the Savannah our brig made more water than she usually did. The decree of tie Vice-Admiralty Court was then put in sod read ; by which 12,000 dollars were awarded to the salvers; 1,200 s o w f a a mp •hic ed h . were decreed to be pai4 to the crew in th e b oa t that was Win. Newton examined-1 was at Savannah in 11122, in the house of Mr. Setts, a merchant there, when the vessel arrived in that port. I saw her after she was hove down, and her bottom appeared to be in a very shattered state, and by no means capable of proceeding on her voyage without being repaired. There are two or three very good English shipwrights at Savannah ; and the harbour is an excellent one, and good for repairing vessels. I was present at the male of part of the cargo, which was sold by suction ; a great number of merchants were present; perhaps between 150 and 2011. I believe Mr. Strong had some doubloon., and offered to sell them. Mr. Sergeant NV Y LI)E objected to this question, and said if the plaintiff had any doubloons he ought to have produced them. His ef/rerilig to sell sonic was no proof that he had any. 'the LORD CHIEF JUST/CF:—II he had any doubloons, why did he not appropriate them to the ex pen,es of die repairs, and the payment vf the salvage, instead of selling the cargo ? . Mr. Sergeant TAWEPY saiddory were not current at that place. The Witness—Doubloons are saleable at Savannah, but have no very good circulation there. Henry Steven Gibbs examined—l am engaged in the West India trade. and have been several voyages. lam acqu^!ated with the (lulls of Mexico and Florida. I have cruised MI the port of Havannah at Cuba. Captain Partridge was in our service pre vious to his voyage iu the Waterloo, as chid .. .mate, and has sailed for us several times. I recommended him to Messrs. Strong at Cork, in June 1822, as a vett competent person. Capt. Graham exquined-1 had the command of a ship in the 1V at India trade for many years, and well know the Gulf of Mexico and the Gulf of Florida, and also the, shoal of Tortu gas. Supposing a ship to get upon it, and afterwards to be got off, the best port to go to to repair wottid be either Savan nah or Charleston.. Ilsvannah is nearer than either, but it is a very bad port, and very expensive. New Pruvidence would be u very good port, but it is very difficult to get to it, and is farther than Savannah. I don't know a better port than Savannah to which a vessel that is damagud by the Tortugas shoals could go ta. Cron-examined—No prudent man would attempt to go to New Providence with a large ressel. Captain Davis examined—l am acquainted with the Gulfs of Mexico and Florida, and kno.v the port of Savannah, width is a very good one, and would be better than either that of Ha. vannah or New Providence fora vessel to be taken to, in case of being run upon the Tortugas shoals. Captain Maclean had sailed several times through the Gulfs of Mexico and Florida, and coucidered the port of Savannah the best to go to. iu case of accident en the Tortugas reefs. Mr. Whiteley stated, that he effected an insurance for the plain. tilt' en the NVaterloo out viard.bound cargo, to the amount of MM. but not oo the homeward-bound. Mr. Arnold-1 am a ship-broker, and was formerly master of a vessel, and am acquainted a ith the navigation of the Mexican and Florida Gulfs. Iftivannah ia ,the most expensive port in that part of the world. The charges there, both for materials and labour, are extravagantly high, owing to the mortality that prevails there, and consequent scarcity of hands. In one in stance I paid 490/. for the repair of a email vessel, which was only there 18 days. Mr. Strong applied to me tespecting the settlement of his claim on the Pacific Assurance Association, and on his behalf I offered to the consignees to give up the cargo, and recommended that the question should be referred to arbitration, but the proposition was not acceded to. On his cram-examination, he said Ire did not know that that offer was made, subject to the deduction of the 12,900 dollars de creed fur salvage. In order to save the time of the Court, it was agreed that instead of entering into a detail of the particular expenses incurred by the damage done to the ship, the question should be referred, whether the sum of 3f. 2s. 9d. paid into Court was sufficient to cover his snare of the particular and general average of the loss, except as to the 12,000 dollars which had f een decreed by the Court of Sayan nah for salvage, and also the 8,9110 dollars, being the loss sustained on the sale of the cargo ; to neither of which s u ms the defendant contended was he liable to contribute. And the question to be tried by the jury was. whether the wearers were we were eses4iable to pay these two sums ? if so, then the arbitrator was to say what was the proporti , an which ought to be paid by the defendant. Mr. Robinson. the Secretary of the Pacific Mutual Assurance Association, produced a policy, in which the plaintiff assured for 800/. The plaintiff delivered me a statement of his claim for his loss of repairs, salvage. and on sale , but he declined to submit to the rules of ete asscciat ion fur the adjustment of this claim, and also refused to explain by what means lie was enabled to buy in the cargo onlered to be sold by the Vice Admiralty Court. Ile hell had conversations with the plaintiff' relative to the sale of the cargo at the Savannah, and he at one time positively stated, that the purchases were not made for himself, but on account of an other party. He afterwards said he bought them for a gentleman in lieorgia. The plaintiff was examined before the Committee of the Association, and various docuineets were furnished by him to the Committee. I made minutes of his examination. This was the case for the plaintiff. Mr. Sergeant VAUGHAN, on behalf of the defendant, said, that the question was reduced to a single point, and he trusted he should experience no difficulty to obtain from the Jury a verdict thatahe justice of the case required. The defendant's liability under this policy was in proportion to his share of the capital of the Company or Association to which he belonged, which was after the rate of COOL in 7(,000/. ; he therefore ceatended, that the 31.33.,911. which had been paid by the defendant into Court would be leund to be more than toe defendant was in suietnetis bound to pay ; for as to the 12,000 dollars salvage which was decreed by the Court of Vice- Admiralty at Savannah, and the 8,000 dollars said to have been lost on the sale of the cargo, the deteadant resisted the demand made on account of either of these sums upon the best poasible ground, namely, frond. For he 131 r. Sergeant Vaughan) did not hesitate to say, that the whole of the circumstances were founded in the grossest fraud on the part of the plaintiff. There was no ne cessity for his abandoning the vessel to the American privateer schoouer, nor, consequently, of Iris goincrinto the American port of Savannah. But even if there were, what had been the conduct of the plaintiff subsequently to that event ? Ile had suffered a libel to be preferred against hint in the Vice-Admiralty Court there, by Captain Ilopuer, of the schooner, without even defend ing it, tor at first it was intended by the plaintiff to have suffered judgment to go by default, as it were ; but on the remonstrance of the English Vice-Consul, a proctor was at length employed, yet with so little effect, that the Court proceeded to decree no less titan 12,000 dollars for salvage to the sic American seamen and the Co tarn, out of the cargo, which a m o u n t e d on ly to 30.000 dollars, for their services during a period of no inure than twelve hours. And when the Vice-Consul advised him to appeal against this extravagant curt, he declined doing so, under the pretext that it would he incurring a needltas expense. The cargo wan then sold to pay this salvage, and he should be Ible to prove that no less than ore half of the money went into :his very Mr. Stiong's own pocket. Ile should trace 5400 dollars of the, money that was paid for the cargo front the hands of Mr. Bethel, I the auctioneer, to Mr. Morrison, the plaintiff's proctor. who paid it to a Mr. Bartlett, and wits handed it over to the plaintiff; and it WAS with this very money that be had subsequently repurchased thee part of the cargo which he had brought home to England, but respecting which he had refused to give any satisfactory emplane- Lion, when called upon to do so by the Committee of the Pacific Aegoefetion. The Jury would perhaps ask how 5400 dollars could make the half of 12.000 dollars ? but it should be remembered that 1200 of those dollars were ordered to be paid to the fellows who, by their own stupidity, had suffered their boat to be swamped, by which they got a good ducking, nod ought to have had nothing be sides. Deducting these 1200 dollars, therefore, there would remain to be paid to Captain Ever 10,1100, the half of which would be exactly rAuo dollars, snd which he should. be able stuost satiefac• torily to prove had been paid into the hands of the plaintiff. After such facts as these, he would repeat, it was quite impossible to doubt that the whole was a col:uatve t fraudulent, preconceived, and preconceived design, and that the taut in the Vice-Admiralty Court was an amicable thing,l with a eiew, to obtain a large sum to be de creed for salvage, so that the plaint:Wand the Captain of the Amt., rican schooner might divide the sum between them. The evidence adduced in support of this statement consisted of answers to interrogatories which had been taken in pursuance of a. Conintisrion kilted from the Court of Exchequer. After some voluminous documents had been read, Capt. 31`11,ean was called and examined. I commanded his Majesty's ship of war the Buetard, in 1823 and 1324, in the Sa vannah sear., for the protection of commerce and the suppression of the pirates. lam perfectly acquainted with the Gulfs of Florida and of Mexico. In the case of this particular vestal I think that owing to the highness of the water site drew she ought to have gone to the port of New Protidence to be repaired, which she might have dorm with a great deal of ease. In my opinion, nam really Veakitr. It would have been easier for htr to have gone there than to Savannah. It wag pe:fectly unnecessary fer a vessel ut 110 tons burden to go nearly to Savannah hi order to take a circuitous route to arrive at New Providence.._ They might have obtained a pilot from tine wreckers, who are licensed by the 80. vernment of New Providence to pilot eltlps hi•diattess. I hale sailed up and down three Gulfs upwards of a hundred times, anti have remained near the shoals foe two or three weeks ; and know it to be quite prsctirnbie to go to Savannah from that place with inch a vessel as the plaintifre : I have known a ship 6f 390 tolls to have gone that track. Mr. Duncan stated that be had been in the merchant PftViCe all his life. Ile was perfectly well acquainted whit the Tortuga." Shoals. It he had lees left to his own choice he shrank: certainly hive gore 'at He-vane:tin provided it Itatf been in the healthy season. otherwise he would have gone na Savannah In opreferenbe! Providence, Inasmuch we materials were much mare easily' at the farmer than at the latter place. He would have the wreeLers to have plintesl him, because hr knew them, b natural Mt a stranger to be somewhat mistrustful. They much like our own people; that is, they wanted a good deal looking after, and would embrace any opportunity that • take advantage of a stranger. (A laugh.) Sergeant VADOHAN said he was disappointed ne.as, and should not roceed to call any more persons t of his case, as he would not tempt his fate further. t Mr. Hann ts0:1, the defendant's Attorney was called, to prove n tender of 400/. II!. Id. including the M. 21. ltd.. was admitted the defendant was liable ; but the Lord Chief considered that ire. had not s lie xxlet in doing en, inasm u ch, tender of the aggregate aunt for which the whole of members of the association were liable, could not be tendref a specific sum for which the present action against the defendant, as ore only of those inembets. This closed the defence. Mr. Sergeant TAnDY, in reply, contended that no . been made out against his client ; Ltd that the supposition existence of fraud was monstrous ; for if there ran any only must hie client be implicated, but all the other had any concern in the transaction at Savannah, and to possible Mt so many individuals to be guilty of such gross minable conduct, without any assignable motive, was' for refutation. Butt even admitting there had been fraud question was not whether there was any ground of suspicion c th o e m p pe laf ten nt t iff, but iage whether ,whp i t t a surely l l yw COU oul i cut d d not be said he ni t dw j aT l a g lio nae , nt to the conspiracy to defraud the defendant. This judgment, fore, not having been at all impeached, it was impossible Jur7 could now attect it by a verdict. The Loan CHIEF JNITICE. in summing up II observed, that the manner in widen he should leave to the Jury was, whether the conduct of the plaintiff! upright in goin g t o S avanna h , an d also while rentehn place. The question here was nee whether the Learned decreed the salvage was right upon all the fart,' ethat him, but whether- all those facts were producedttliat ought to have been produced. If not, then his judgment good for nothing. The verdict must be for the *MO the defendant had failed to prove his temiel• ; but they company that verdict with tin expression of their opinit /Mmes.', or otherwise of the defendant's conduct under eumstances. The Jury retired for about an hour, and then return; verdict for the plaintiff, saying, that in going to Sam justltiable, but that his conduct afterward% wan fraUdul • This canseoteupied the Court the Whole day, aid' aludoi till eight In tile evening. STATE OF THE COMITT. - Notwithstanding certain promises matte fast Term atituted nuthotitiex. that /tome very necessary alterati Court should be effected during the vacation, there sG same want of accommodation to those for ',torn the att. fa appropriated, and in the course of the day his I,orialiii than once complained of the coidn as of the Court, land grit' reason, for what with the height of it, and the six doub' that are constantly floning the air, oge might as well o: the top of Salisbury crags; but then again, if that rented piece of handy work with which the Court is ' been performing its functions. we should have had t of a choaking and suffocating atmosphere that would ten times more objectionable. Surely the ingenuity men can soon obviate these inconveniences. INSOLVENT DEBTORS' COURT, Mowriaw, • Wm. Stoney, a commission agent, was opposed by , on behalf of 31r. Fawcett, a lincntiraper, residing at No. aide. • It appeared in evidenec, that the insolvent had applied posing creditor, and pun:lt:iced carpeting to the couture and upwards, when he left a bill of eacJiattge drawn I , and accepted by Thomas Harrison, who keeps a litp Fleet-market, The opposing creditor stated that the Insolvent told It received the bill from Harrison, on account for paint papering twenty-nine houses, which he (Ilatrison) had Paddington. When witness went to Mr. Harrison .- Ju tt e iry n , o i t i t e ot t i o is l t d an l i l i i i m og i it t ,ti n c s h al assurance and would be the bill was di.. Il'itness repeated his application, when Ihirrivon said, nut give a receipt to the bill for,a glass of gin. I paid it t named Jacobs. Witness then applied to the insolvent, who stated bills of Lord Teynham's t r dispose of, and for which he. \ ceiee 25 per cent: army tt pun what he got rid of, and nut receipts he would take up the bill ; but he never performed mine, and the result was, the opposing creditor I/created insolvent and Harrison. Mr. BARRY submitted to the Court that the insolvent guilty et gross fraud, and obtained goods front fns client of false pretences. 111 r. per contra, contended, that as the bill t WAR left several days with the opposing creditor for him ir.qtairieis and use his option as to whether lie would place count or nut, there could have been no fraud committed, t .pre Harrison's responsibility thst the bill was reetived goods delivered. Mr. Commissioner Law was clearly of opinion that It been committed. so as to warrant him to detain the insolvent prison ; he should therefore pronounce Um entitled to the benefit sought. • mementallostailifisr - 1 h in opeefesefigglgrenge ich more eadirglisfilfild !e would hail essiiklyed r knew them, but It was tistrustful. They were wanted a good deal or i• ortunity that (Cured to ieappointed in this wit. we persons on this pert 'lather. tlottgitter., ey was called, In order the St. 2a. lid. which it , m it e gi l le :h b3 o . n l i : o d 7or b 'ern e lu t:t icer e k h en 'j ar nm n a m s t ra ihew a e l end action war brotolit riembes. r'ed that no fraud had the supposition of the ere ran any at all, net y• the othn perwns who halt, and to imagine It • of such gnus and abo. native, was too absurd id been fraud, still the Ind of suspicion again* .• awn the judgment of h e said was also a patty This judgment, there. was impossible that a ling up the evidence, old leave fbe question e plaintiff wits rate and ile remaining at that is 'Rifted Judge who • farts ettuit me bethre alticenhat could and . his judgment would be r the phiintiff, because • ; but they would tie- ' their opinion an to the • , '' duct antler all the cir- • hen returned, finding a ft tg to Savannah he Was t. vas fraudulent. day, zed wag not con - r RT. - foe Term by the con. ary alterations in this there still exists the lioni the student's bolt • it t lay his Lordship more Court, boll with good the six double doors ght as well be alma* • ain, if diet newly in. e Court is heated had t have had to complain that would have beet. • I ingenuity of our City I t BOWhAY, OCT. 31. • pposed by Air. Barry, bug at isso. 2, Cheap • had applied to the op- o the amount of 31i:. ige drawn by himself cps a liquor-shop in !vent told him that he ,unt for painting and latrison) had built at ll:tritium to make in- would be paid when i 1 bill was dishonouted. litrrkon said, " I will 1. I paid it to a perami ho stated that-he had for which he.was to re- in of, anti out of which • tver performed his pro- (filar wrested both the the insolvent had beets m his client by moans A the bill in question 4 1 ! liter for him to make would place it tdae- -1 committed, for it was was received and the inion that no fraud hail Detain the insolvent in retitled to the benefit he O▪ NDAY, OCT. 31. °ARROW, and a Lou. V officer, aged 44, stood forged check for 117/.. • I Co., bankers; and in pearance, pleaded Not d that the question fqr nee, as it r,garded the The Learned Counsel hrs. Sansnm and Co. Joseph (*teen end Co.. In the `23(11 of Jute a 171. was paid. Green was the only Co. lie beliersd r. e to the check was not was not in town when to sign the checks tot ni but himself. n 22 years of age. 1 tieh I lett in June las. who lived in I.lppt, I. I first knew Lim a. I by Peckham to one erica waked me for some !rn several—they were • 1 gave them only the 'ilkinson. Both Jones the checks in the even- utters in the morning, ein. I was seat for to lestroyed. That stair • .house. I tort Joan. treelnirch-street. They ;me up stairs. They After which, I went hour afterwards I saw • wan dictated in a blow chain round his neel , I then went back tt. ad Peckham. We oh r as London-bridge. 1 ism of wine. Jones anti came out I saw the pri- en came tip to me, and ['hey three went over to backing-house. After at public-house and in- been there, and was in-. Jones the same evenit* 01. front them. I saw the lined with him at Peck- ed 201. for preseming t. he said he had weaved hat was the only eon• hint when presenting 'nen. I have described. It was about a week c respecting the cheek- after he presented the shout three years in the tarties Jones and Peck- , enter into a conspiracy l i ling-houses with Jona, • the Colonnade Coffee- 'hat is the forged cheek have seen Berger with • ecription of the person lain that it was the ph. ,y cheek of that amount e lc o as yes i n n . tbe stni e t m le p fk lo theso tt rge of forgery by that P mole to that I heel= trt Jones toot Negras- del-plaee. Pentonwllle. aim at his lodgings * I pat bun at my own • , a lisawn Mr. *lotions. kis him. Ile lived fee I.lones's loigiags, esti • Johasoo as a banher'S in Myrelt last. I s ew r . it a gatitbling-hetas is t j , (4. I „.„ —r t _„ . OLD BAILEY SESSIONS, MONDAY, 4 [Before Mr. Justice PARK and Mr. Baron GARROW, don Jury.] FOIMER y. John Berger, alias De Cliford, a military officer, aged indicted tor uttering, in the tit) , of London, a forged check with intent to detraud Itleases. Sansom and Co., bankers other co-nts, to defraud Joseph Green. • The 'irtiatMer, s trapectalile man in appearance, Guilty. Mr. Bott.ann opened the ease, and elated that the the consideration of the Jure would be conflnee, as it 1. prisoner, solely to the question of uttering. The Learncd then stated the minute details of the care. John Bunnett, a clerk in the house of Messrs. Sansom proved the partnership of that firm, and that Joseph Green of Thames-street, kept an account there. On the 23th o check, purporting to he drawn by them for 1171. was paid. Mr. Benjamin Green proved that Joseph Green was person carrying on the trade, as Green and Co. lie ' check produced was not signed by his brother. Mr. Jusepb Green said,. that the signature to the elect his hand-writing : and, in point of fact, he was rot in tows It was drawn. Ile had authorised no person to sign the checks him, and these was no other person in the firm but himself. Alfred Johnson was then examined—l ant 22 yens was clerk in the house offiansorn and Co. which I left in I have known a person named Peckham., who lived 1 King-street, 131ountsbury, before that period. I first knew Mrs, H.'s nyster.rooms. I was introduced by Peckham Jones at a public-house in the City.road. Jones raked me for blank and cancelled checks. I gave them several—they wanted for the purpose of being copied. I gave them .. cancelled checks of Mr. Green and Mr. Wilkinson. and Peckham were present. I save them the checks ink. and they returned some that night—others in the and 1 replaced the checks where I found them. I was Graceelturch-street by a letter which I destroyed. day I first saw Berger in the countinghouse. I t and Peckham at the Spread Eagle, Grawechorch-street. were down stairs at first. They then took me up stairs. showed me the check (the forged one). After which, back to the banking.house. Within an hour afterwards I the prisoner in the banking-house. lie way duetted i-• ' inch coat, . black waistcoat, and a gilt chain round The check was paid by Mr. Itunnett. I then went the Spread Eagle, where I found Jones and Peckham. .. three had a catch, and went down as far as hendon-bridge. then "MIA into the Shades to take a glass of wine. Peckham went on • little way. Ichen I came out las toner with Jones and Peckham. Peckham came op to told me not to let the prisoner age me. They three went a public-house opposite. I returned to the banking-house. locking up the house, 1 went , back to that public-house (oared for the two gentlemen who had been there, sin e formed they were gone. I sits Peckham and Jones the sam at Peckham's lodgings, and received about. 2(11. front them. prisoner severs' times afterwards, and once dined whit hit hart's lodgings. I asked him if he received 201. ter y check, telling him Iliad heard he had ; and he said he ' but la Chats.exernined by Mr. Anocenes—That was II versation I had with him. I only first saw hint when the check, and can swear that he was the man. I have . his (terse. He had one day a white hat on. It was about , alter this transaction that any stir was made respecting the Cu, I have seen him about half a dozen times after he presented. check, and before he was taken un. I was about three : service of the banking house. I knew the parties Janes ham about two months, and wo agreed to enter into , to rob my employers. I have been to gambling-houses a anti Peckham, and to several public-houses, the Colonnade. loose and others, till very late home.. That is the forged , which I saw with Jones and Peckham. I have seen Berger Junes at the Colonnade Coffee-house. By MT. Justice PARR.-1 had a description of who was to present the chock, and I ant certain that it miner, Mr. liunnett recalled—l have not paid any cheek of to klr. Green during the year. !Gary Cooper Peel.huM examined.-1 was in the. Messrs. Snaili, nip:c.o.! Smiths. about two years, sad, en 021. 1 was appre{leinled 011 a charge of forget house on the B.h of August Iwo. l'reviostel to that sequainied.wil J the prise:ice. I have known ones fr her last. I first met him at }toss's. Arundel-place. I ulse saw leisu la A'anistbure. 1 inet him at his . Upper iiirg-strest r ilillositaiebutyssissire. Pat Imo a t ma a. lodgings, No. 8, in .thamsne 4: reel. I have Mown Mr. ./olinitoti personally for some years, but nut to streak to him. 1k haM .r king,Lu.d.roati. 1 net him at my awn mil Jones's lolgloga. G at the Saloon, Pkrsdilly. I have known Johan°. as a i ma i te ei clerk fur two years. and 1141.4 spuke to him in Mirth last. I seer Berger llt 14 !unary of /larch Lift, at a gatlibliogshallos vt. 4 , alj t' J Ut• ho th t up. Rog, 'er e n a Ito. hat Itil (I Ihd Ply