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r II • • • . letwith. &Atha witness) along with the prisoners, stole the Whoa friMs Mr. Black's park. Ou the night meptionert in the indictment he and they had' been together at a public-house, called the Grey hound; at Hanford. Nothing was said about the intended robbery before they left the house; but after thry got into the road. Nicholls proposed to witness that he should go and assist him and Dean to kill a bullock in Mr. Black's park. Witness at Aral lbernsvorily refused; but, however, after re pested seductive persuasions, his honesty misgave him, and he consented to go. The two Prisoners than told him they had every thing ready. and away she) went to a field of Mr. Black's. When they arrived, Nicholls awl Dean immediately singled a bullock out from amongst the herd. It was a black one. without bolas. l'hey then drove it to Nicholls's•house. at Mr. Bersvis's farm. and Put it into the cow-house, for the purpose of slay ing.. Dean discharged a pistol at the animal, but missed his aim, and the ball passed through a boarded pistition on the other sidle. Nicholls then leek the pistol out of Dean's bawl, wstli some ex pressman of rebuke for his aukiessnisiess. loaded it hims elf. fired, and killed the bullock on the spot. The animal's throat was thou cut to ls t the blood out. This was about half-past eleven o'clock at might. Witness was then under great apprehension nsf beig detected, and went away. With respect to the gate in the field. he said Nicholls took it off its hint% .and laid it on the ground, but for what purpose he knew not. The bullock, he believed, was left in the cow-house. which was about half a mile Irma Mr. Black's park. Witness& was to have no share in the plunder. The robbery being found nut next d..y, he W3ll apprehended on the Sunday evening along with Dian, when he was going home. He knew sorbing About the entrails of the bullock being hid behind the barn. nor did he know how the mannal was killed. Rebecca Palmer. a female servant of Mr. Bur sts, stated, that she lived in the same house where Nieho:l4 and his wife lived. belonging to Mr. Ber nie. On the night mentioned in the indictment, about rivets o'clock, she heard Nicholls conic in and 'peak to his wife. She did not set him, hit judged that it was him. from her actomintance with o voice. SOMn sifter she beard him go out again date the yard. and in about half an hour afterwards. she bested the 'report of a pistol. Not suspecting any thing amiss at this circumstance. she went to bed. 00 Sonder morning the slaughter and rob bery of Mr. Bleck's•bullock was discovered. Ra ther• early at Senday nasiq she heard a man with a smears kg talking to the prisoner Nicholls as die fortil-howsre. She did net see his face, his beck hang turned towards her. After he was gone. she heard Nicholls say to hi• wife, "Where are you, old girl r and from that circumstance she was sure M mks Nicholls himself, although she did not tee him. . The evidence fee the prosecutku closed he •e, when the prieseevs weer called en for their defen. e, hut they aid nothing whatever, preserving a sullen silenem &web MACDOSIALD summed up the evidsence. said the Jury immediately found both prisoners Oa, CIVIL ADIL • DEFAMATION. • TWO KIN* S. MAGNUS ?ATI. This was an actio• to recover damsgrs from the Defetwiaat, for ocandalouswords, in:tattoos to the character of the Plaintiff Mr. Seijealit Best st-ted the case to the Jury. lie said the Plaintiff was a gentleman of Kreat rte. , ttibility, and Lord of the Manor of Lowland Hall, Latchuypdoo. Upon the day in which the scandalous words were spoken, the Plaintiff wu riding on his own manor, in company with Mme of his friends. upon a shooting party, when he was met by the Defendant, who accosted him in test' abusive terms. The Plaintiff. however, bore his abase with the most patient forbearance, and requested him to leave his h e ld; thi s th e Defe ndant refused, repeated his abusive language, and, after calling him by all manner of opprobrious names, sued, “ You are a thief, and I can prove you are one." These were actionable words, and for which the law would retitle the Plaintiff to compensation in damages. The only answer which the Defen dant thought proper to give to ibis action, was merely &denial of having spoken the words. This, however, would not avail him, for the Learnt'" Counsel said he would prove, by the most respecta ble testimony, that be had n o t only attend these =emus wo rd., but also repeated them twice or • It would be, therefore, for the Jury to consider what damages were adequate to en injury of this aggravated nature. la support of this statement, Miss Sarah Griffiths was sworn, and deposed, that them words were ut tered by the Defendaet, with other grossly vulgar tad abusive language, in October, Ito& Oa her moss-examination by Mr. Gamow, the w inlets ad milted there had been abusive language used ou both aide,: but she denied any knowledge of orders given by the Plainti ff to have the fences of the De readmit pulled down; and admitted that she at tended the last July Assizes, in this Court, as a witness for this cause, which was postponed by the desire of the Plaintiff. Mrs GuLoom then addressing the Jury for the Defendant, put it to their good sense what damages they could give upon an imputation of this kind.— Could it be imagined, fur one nt.iment, that the Defame!anteater intended seriously to impute In the Plaintiff the crime of felony ? The ides wus tno preposterous to beentertsioed. The fact was, that much abuse had passed between the parties, and much irritating_ language was given and retorted on bosh sides. The dant. conceiving himself aggrieved by some overt act of the Plaintiff: might have rouseciamme temporary irritation, and sonic indignant language for the moment; bat the law only considered the intention, the coo asthma with which the words were uttered; and unless it could he alar m thit the words imputed to the Defendant were vsprevsed with a malicious intenti tttt t and that he seriously and deliberately meant them in the sense imputed, his Client was entitled to their ver dict. He was char that the Plaintiff could nut h ave been very trridnly Cis, for his character on this account, or cniteejap it at a ll injured liv the 'ie Defendant, whru he could for two whole years; aed this was also a circumstance which ought to have weight with the Jury. The Learned Judge told the Jury, that the words proved in this case were certainly actionable. but it was for the dui) , to consider toe parching of injury sustained, and apportion their verdict accordingly. Verdict for the Plaintiff—Damoge le. COURT OF VICE-aI►VIRiLTY, JULY 10. [Peon The Madras Carrier.) THE BING, V. TUB BRIG BULBAR AND CARGO. This was a cause of considerable importance, as it involved the tlue to u, whether the East-India Company is entitled to prizes tsken from the ene mies of ills Majesty, 'y Officers appointed by the Gosertior-General to Council, or the other Govern wienrit of the East India Company, under authority of the sewers! Charters. from time to time, wanted to the Company, by successive Sorerrigiis of Great Britain. The brig Burned,. under Burman colours, and bearings Barmen sea-brier, was seized in the river Hopeily. off Calcutta. some time ago, by the Ho nourable Company's Attorney, and Capt. Archi bald Campbell. on suspicion that the vessel and cargo were enemy's property. On that suspicion she was seized, mod detained, by the above Officers, as prize to the East India Company. The vessel and cargo were libelled in the Court of l'ice-Admi ratty, and condeinued by the Honourable the Counnisaary as prize.—The question of right to the prize, between His Majesty and the Honourable Company, was now to be decided. The ADVOCATIII-GUNZRAL, in a learned and able argument, on support of the claims of the Com pany, rested their pretensions to the right of prize, on the grants in the Charters of the Company, on the fiir. legitimate rules of interpretation. He cited a variety of cases, chiefly from Lord Coke, to *hew, that, in the time of that great Lawyer, grants front the Crown had been liberally construed, con trary to a general maxim, that all such grants should be most strictly interpreted. As the argument chiefly turned on the construc tion of the Charter of the lisle Ki fig, George the 11d, dated the 14th of January, 1758, some quotation front that document may be necessary, to render the present queatioa fully intelligible. This Charter grants US— " The Compaay, their Sateessors sad Assigns, all each booty or planikr, ships, vessel., goods, merchandises, tree tares, sad other Wags, whatsoever, which, since our Royal Leticia patent, of the teth day of tapteniler, last past, have hoes, or shall he, taken or seised Rose soy ef the 'wades Oldie said Company, or any Omit amain ia the East Indies, by any ships or *seer stile said Company, employed by them, or so their behalf, within say places, or hails of their trade prescribed, Br." Su fir the Charter groats the right of prize to tl r East India Company; but • proviso follow•, qualifying the right to such way, as to connect it with the commencement or origin of the war. in which the pins are made. Thepreeiso is in these worts " Provided always. that the said plunder er booty, afore said, be bikes or seised, duress wars or ►osti►ties, began sad carried us, in order to right or ricompenee the said Com pany, upon the goods, rotate, or people of t►ose parts, from whom they s►ell sustain, or shall ►ave just mid vrell gromenid came to her say injury, 10144 or damage, or epos any their people w►o s►all intertapt, wrong, or injure them, is their said trail., or who shall, id au hostile mouser, in vade, or attempt le weaken and destroy the settlements of t►e said Company, or to Miter our subjects, or ethers trad ing or residing wit►in the said settismeats, or la asp Ma. am wider oar protection, air." Now, according to the strict constiuction of this proviso. restraining the right of the Company to such prizes only as shall be made during war, or hostilities begun and carried on. in order to right and recompense them; and, as the present war, which originated iu Eurape, and was not begun from any causes or gruund* immediately affectilig the interest' of the Company. their right to prize is expressly excepted to, by the slave proviso, stud as they were in the present case merely a non-coin stsisiiioned captor, the property of the 13rrmaj and her cargo, was claimed by the officers of the Comm. as belonging to the King its his (Aces( Admiralty. Mr. STRETTELL argued in support of the claims of tl.e Crowu—he combatted the construction of the proviso as laid down by the Advocate-Geocral ; and nneutoined, that it this clause did not restrict the right of the Company to prize, that it was entire ly nugatory. and had been introduced into the Charter without any meaning or purpose.. Mr. Limn fullowed on the same side. He con tended that the proviso was a 'strict condition by which the'Crown made a reservation of its rights of prize. It was a condition under which the Owner was granted ; it clearly and unequivocally limited - - the right of the Company, and nothing •appeared or existed to induce the Court to believe that the donatory past of the Charter, conveyed more right to the Company than what was strictly consistent with the reservation contained ander this proviso. The ADVOCATE-GSNERAL, in reply to the argu ments of Messrs. Strettell and Lewin, urged, that the construction they had set up of the proviso, was repegnisat to the general intention of the Char ter. Ile denied that the right of prize was incon sistent with thus proviso, nor could he admit that its construction in favour of that right, rendered the proviso either nugatory or useless. He conceived that it had a fair and obytisus meabing, without af fecting the right to prize. lie thought that the cause regarded the nature and occasion of the wars, and was intended to apply to wars merely of aggres sion or ambition. He exentplitird this part of his argument by an imaginary aloe. Suppose, said the Learned Advocate, that in the late expedi• ion to China, the Company had judg►d it proper of necessary to commit acts of aggression in the do. minions of the Emperor of China, and had ac quired treasure or booty ; he conceived in that case, that the question whether such booty belonged to the King or to the Company, would be decided be the question, whether the houility by which it hed been acquired. was necessary, or had originated on any just cause? Such was the construction th a t lie conceived to apply to the proviso, whii-h regarded the n•iture and occasion of the origin of the war; for it would be absurd to suppose that a war, whey, vire begun, if in its progress it extruded to the limits of the East India Company, and should bear port 'middy hard upon their establishments, that the C pray should be deified. in sorb a war, the tight US' recompense therneelv.s for their expenses and losses, by any booty or prizes that they might capture. Su limas RVIIIIIIILI a in proceeding t o give Judgment, premised a few observations, which we cannot attempt to follow, but which were to the following purport : his Lordship remarked, that this was a qnestion of such magnitude and import ance, that he should be sorry if it were to rest upon his decision; but, he-had no doubt, that it would he fully • considered and determined, in another place.. It was, however, in the mean • neces sary, that he should give his decision upon it here. Aware that the question was to come before him, he had given it full consideration; anal although he was not entirely free from doubt, and some difficulty had arisen in reconciling the proviso of the Charter to the general intention of the grant itself; yet he thought that it carried • clear, intelligible mean ing, and that the proviso was intended to restrict the right of prize in the Company, to such wars es were necessary far the vindication of their rights and privileges, without conceding that right to captures made in wars iit which the Company mite shares in common with the other subjects of His Majesty. lie thought, that, considering the immense dis tance between India and England, it would have been hard and unjust to deny the Company the right of prize tit such wars as might necessarily arise • in this country, whether with Native or European powers, and the Company ; because tegreat loss of time must have occurred before such right and au thority could he applied for and obtained, and therefore the Charter granted that right in hood'. ties so originating ; hut it had by this proviso re se: ved the right of prize to the Crown in all other cases of war: Atid fur this reason, that, in all such cases, as in the present war, which began in Eu rope, and ettentled to Lltll4, there was stiffic.ent time, without loss or inconvenience, for the Com pany to apply for and obtain letters-of-marque, at usually granted to the subjects of His Mije-ty, and without which, as the terms of this proviso were so won, he could not consider the Company in this case as a commissioned captor, or as vested with the right of prize. He therefore adjudged the Barntah and her cargo to the Crown, as Druits of Admi ralty. directing each party to pay its own costs. The Court gave judgment also on Monday, in the case of the American ship Jefferson. The Chip and cargo were ordered to be restored. The treasure found on board, as the property of the Philippine Company, was directed to be de tained, and to await His Majesty's pleasure. The property found on board, belonging to Bri tish subjects, resident at Canton, iu Chinn, war condemned. • As there appeared sufficient ground to warrant the detention of the ship, each party was ordered to pay his own costs. COMMERCIAL INTLLLICENCE. In consequence of the expected deficiency of the crop of the present season, the selling price of In-. digo has risen. The first assortments are at YOO Se. Rs. per-; . y. Md. We understand '2OO Rs. have been offered by some Arab Merchants lately arrived, but were refused.—Of the imports of the Arabs, horses are no inconsiderable part, bat the disposal of them at present is not easily effected, and such sales is are made are usually at low prices. Should the pre sent state of commerce in Europe, however, conti nue for any time, therecan be little doubt that much Indigo aid find its way into Russia from Ralsorsk, by way of the Caspian and the Wolga. From the unproductive's'', of use present and the past season, many of the natives who load ingsg ed in indigo speculations will lie induced to 'eh:s quish them, and in general, the cultivation must he diminished till sales are more brisk and produaive. —On tins account it will be au important eissisider. minis to planters to concentrate their cultivation, or to cultivate their lands more efficiently, so that a given quantity of land wail give a Are4ter overage proritice than in the usual mode of lade:toes s.—To effect this, perhaps, the rote of advance per hiagah must be raised, and greater labours itis manury be employed to raise as abundant a crop as possible. This sort of precision also must be extended to the manufacture, in order to produce the finest glislity, and also to have the esker entire and of a ',riper site, and not liable to•fall to pieces. These are, no doubt, proper scirutslicoperitions for all these pur poses, which must be atudtrd, in order to inure future success to this manisfac; are. From the trade to Spatinsh.Anierica bring now free, the importations of the fitter kinds of Curacy& Indigo will have • considerable effect on the sales of the finer a■soriments from this country, which will rendrr the greatest attention to preci!,ion in the cultivation and manufacture necessary.—(}Ja. arm Gov nument Ga:eue, AVOW 31.) On Thursday, General STEWART sent his v tl. t with a draft to DRUMMOND'S, the banker's, at Cha ring -cross, for 1401. Oa his return to the General's house, to Grafton -street, his pocket was picked of his pocket-book, wit:i bank-notes to that amount. Su tit ne.—The body of a genteo young wo.nan, who turns out to be the wife of • tradesman in Dartmouth -street, Westminster, was found so the riser, off Chelsea College, on We,inesday inorit'n%. The uufort omit , woman left her home on Sunday, exprelmissg her &fermium:oli not to r,turn, and she was not IWIIII afterwards until picked up by SA MUEL, • watermaii. Accounts have been received from the Bengal Mission. down to 20th September, I 09. Ca. ace has been very ill, lint is better; the rest in their usual health. Thirty-iii,.e prisons, native and European, have joined their different churcher since Isst accounts. At Italigrinn. the ... ariis are able to converse with the natives in the Wt. guage of Ave, and hold meetings, wi t: , a . wc ...k, with all who come to them. The third edition of The Betsgalee hero Testament in published. The New Testament, is the lasigiv.ge of Orissa (976 pages svm), and the Bo'k of Psalms, are com pleted at mess, and two Missionaries, A rinenisii na tives, shown, set nut for that country, one of who n priasesses consid-nthle talents. The Nei' TCON. meta, in Shansc,it. is finished at pr a., and as fir the middle of Exodus. in the Old Teatime's% In the lliridotsariest and Nlahratia Lingnar, the halt of the New Trattment i• printed, an I the remain der is going forward. The Nl,' re . :alnetlt, iu Chillier, and ti'e lai.git age of 1 1 . V.eghn at p.r.a , hot IIII• Lern title e-l. f.r want of binds, whit h ghlori•ti th, last remittances, it is now ti seamed. In 1 h: • and krarnata, the translation is finished in MS. sm.' tsud.r tee ision. wants Imputed to the bokiNer this actiou NAVAL INTELLIGENCE'. rowrsmourn, Artll. 5. The Cadiz and Gibraltar convey still 1w V mouth Roads niud-bound ; with the Recruit blowy of war. Arrived the Speculation, from the Downs, bound fur the coast of Portugal ; a n d his Mtij , t , ty's ip Albieure, from Gueritioey.—Wilii out el barbin g , the katryalu s and llesulute,—Wilnl W.S.E. ri.vstinsii-DUCT, APRIL 4. Last evening arrived Vie 7Yeaius , 18 goes, ('apt: Fel - hetes, liutu the West Indies—Brings no ilows. Also, this day, the liarpy, 1K quo:, etiptita ; left Cadiz on the 18th, and arrived at Li46oii On the .-13 d, where she took dispatches o n board, and sailed on the 16th of March; spoke the Venus, Crime. Redpule, and Rattler, it th conynys going to Lothon. The night met jou. t o, her departure the rtsar, I aipagens, Kent, aeu Comas ',rig had arrived without n convoy; also :ir rived the Phenix, 36 guns, 1 1 111 , 1. 4 e; 'and the Emerald, 44 guns, Ciiiitens Maki iiot, fr o m the enitst of Ireland. Yesterday a heat.tifill new frigate •as lawn LICA from this dock-yaid, called the Nisi's; she s,..nt off in easy style, and in half an hour after V. 41 docked for coppernig. FALMOUTH, MARCH 3. Arrrived the Princess Mary Packet, with ■ M.id from Clid , z d its. lviled the Humber, with u convoy to the E:urt• ward. TILE MARKEI'S. CORN-EXCHANGE. Aran. 6. CURRENT PRICE OF GRAIN. Meat ........ lits sos. mos. Beans (old). 34. 6 0 ..., 4 Fiur ditto .......iubs. Has. Tick Beatis(eld) 44s SIM ad Ryr 464. 545. Dots 2011.44. 211 s Barley 394. 464 od Poland, 30s 334 tot Malt 740. 76.. Potatut ditto .—o. to as.. uit White Peas / Rape Seed 4l. .; , s (boilers) f f toe Float 050. yi.* now" , Pr's.— ...... 455. SOO. $44.00.41 gips 8511. 'MDR' LliE. Cora-laspaelses Return.—Tlet: Its Da V, Aartis. Wheat, per load. ael. --a. to 311. —a. Barley, per quarter Si.. —d. to ass. Oats 2110. —d. to 4a..-.d. Beam cos. —d. to Old Ditto s6a. —4. to Ns —ii. Peas Stn. —d. to shs. _ . _ PRICES OP HAT AND lIT.S 411/11101. Hay. 41. us. od. toe. 191 oft Straw, al 94.91. le al 60. YTBTER•DAY wstTtcAAAAt.. Hay 51. sg. to 61. tsig New, M. as. to 01. , gt. Clo►er, 61 tt.. to 71 Straw, ' 91. tem. to 31. W. PRICE or HttM. ■AO,. gest. 41:01. --- 111 51. 13.. losses, sl. too. to 51. M . Eases. 31. 151. to 51. S. POCK CTII. Kent, ♦l. tot to 61. (ye Nusoco, 31. )50. to 51. --o Farnham, gl. to 111. 6MITIIFI ELD MARKET, .Aroti. 6. To oink tbe (Nal pvr.torte of alb. 8eef...... 4e. ed e. r... ea. Hood of Cott?, this day •—• Notion ...4s. 6d. to Ss otl Roasts Veal so. od. to 7s. 4.1. Sheep Pork so. 44. to 74. t • ..... ..... . Lasob os. od. to ito od. PUP .lOO HAY-MAII4I.T. Hay.. SI. os. b.) 61. Is od. 21. tog. od. 10 31. 114 ad. 1-1 . , 41 los. ad. to 7) ins nd t:.% 0.. A I L AA:ADENHALL a1A11•11:18 (By the carcass.) Beef 411. edt to 5.. od. Veal Ss. ad. to Ce= 41 "ett .0 4.. *AA. to 55 41 I Park SS. 8.1. to t,. SI PRICE OF TA1.1.00. St. James's Market as 610 i Town Tallow 77e od —4 • Cleft Market ...... 4.• ujJ Yellow Roosts 74, od .—• e Wist!cel.apel 'Market 411 td lVliite ditto .. ;1 ,, mi — s 0 per it. of alb. —..... i Soap ditto.... 73s 04 —• • n la. .1 Nltittng Sion ti,,s 1,1 ...{ • A•e•Wie... • 4. , .:ti,l Ditto rongla Cal Oa ~••• U Glee. , " ... Good 1./rev.. Iticd tue•--Card; W es, 1356.1—A110n:1.. '34 63 Ytllluw Soap, 994-11.111 Pare nrCmllee. p r .I• sr KW, NIDE& I Oast Heifers and Ste.; (i:er iVrdinary Its VI to ffil W. stow 3s. ol.to 3c ad. 'Markel Calf 14.. .id. rirh. 11141.11111Z1 25 61.1. to gll li.d. Eng. Horne 155 I tl. in in.. 41 Sheep-Skins . - - - so. oil. to too. ye. PRICE OF LEATHER. Bets, so to stilbs. each - e aid to 2: Id per lb Ditto, so to tiollis. emb - : 12 i to C 44 Merchants' Backs - 3id to 224 Dry-mine Hides -19 ii to. glid FIRO Coach. Hides stud to ittJ Crop Hides 35 to solbs for cattaig I 7 id to 1914 Ditto 4S to S4llst - 214 to ,524 Calf Skims so to eolbs - . 4;4 to 3:14 Ditto So to ;Mho - 3,14 to 43,1 Ditto 7ri to (PAW • flAai to ♦n4 Small Seals (Greenlimilli .sr i A to 3% Id Large MU° tow to 1:6041 per ski a . Goal Skins Tanned Horse Hides ,;02 to 7ns '9O to e 21,1 emu. ITAKKE.T. Arita'. 4 St4s. Ships sold. Price. 24 .. Newcnstk Cent 14 .... 4!ls. Oa. 1J Z 7. " I .. Stone Coal. — —9. 0.1 1., -- I ..?ketch du. — --e oil. to —.. ,•I I ..Viotters I - .1 COtYRSI OF EXCIFIANI Amsterdam.... 3.3 S e V. Ditto at tight.. .1.1 7 Rutterd4na w .... - to ie 2 U Ilarnhur i gh.... 3i RIL; Altana 31 I Pais I day'. date 21 II thou Rutin:caul' ... • 4 :E, Ar . c: . ' ()port.. ..... Rio Jamoro ; I 741.11ta CibralLvt Jo! . - reolra (.al- Ilnilrol Ditto.. ..... P 1 . 7.1 . 1 ono l2: iti impel. Ditto t elli.c.. 11 ;bon ..... ... 4 I 111' I LION l'Orl , l cal and ISA,. I s r. IK, uz rwetizu told in Le%4tlll ..•n~ e Vristre 52 41 !.14.1,1 liar. Ne 4, Do4l.ltio /..• New Isoll , ll •• • Silver In liars New Louis :cu.. • Agio os the 114ns ~: 1x• - i prr feat a - - 1 ' , kick, • , r FUCKS 3 per Cent RE Itur..J per Cent Cm, A .l 9 41 per Cent. nrs (*rut Aa.y I on.; Ans.unlys UP; g :Sflttt.at. in.!, It. „i. booth Srsi IF.N.!srsiossrs B s s . 1.0:618 I. .ties•. Ts ks, to 1.. r S 1 2, Yr.; I lit ‘. 5.... IS) .2: .)rvitt . • • 17 pt. tia S 12 pr, a. IA; o• • • • `it T Stot It.. 1 . 4 . enrrblq, an.l n. bti ills I it, N., 4t j Itt J - N. is. Mark . 17 . zr4 J W tIITE. .J as—. rr.r b u Pap.., ...t At Mice. Jae!, 41 tea& J Is N I •;\ • h, !MI