The British Press; or, Morning Literary Advertiser. — London, England, 1818-11-17 00:00:00

()See to enforce spirit General COUILGAUD the provisions of the Bill which has placed ell fo reigners at the arbitrary disposal of the Home De. partrartit. In execution of ilitir orders, they sit tempted to seize the General's papery, which, be. lug undoulnidly his private property, and that species of property which ought, except in cases of extreme n ecessity, be considered most sacred, the General resisted the seizure, when a scuffle ensued, and we urn iwriniisly u.sured that " the officers 1 ,,, re the wily persons who *mfr.-red." lie was thrust into a chaise, and, with t bring permitted to hold any communication with his friends, or be- ing even examined by • Magistrate or a Privy Counsellor, hurried off to Harwich, where he was put on hoard a packet, which sailed on Sunday 'tight fur Cuxhaven. These are the facts of the ease, even as coloured by the Treasury writers; hut they siffoid sufficient evidence of a very wanton outrage upon the person and pro perty of this distinguished foreigner. net he was innocent of any crime, and we may even venture to say, of the intention of any crime against this country, as far as could possibly be collected by the Secretary of Strife, we must of course pre sume, or he would not have been sent beyond the power of our laws; we therefore callow imagine by what shadow of right the messengers from the Alien Office conld presume to seize upon his pa pers sod offer violence to his prisms. Insinu.:tions )cave been thrown out that General GOURCAUD ii 'suspected of bring one of the promoters of the plot which is said to hate had for its object the escape of Bost AiAllTe from St. Ilelens, and that for this reason he has been considered a fit subject for the operation of the Alien Bill. Ent is saspi 'dux a sufficient ground for the exercise of a power so unglacious in its nature; so violent in its opera tion, and so hostile to the character of our institu tions mid the spirit of our country ? The danger of Isis presence in this country, however, could not have been so imminent, but that a few hours might have been allowed him to arrange his uffairs previous to hl3 dep.:rime for the Continent, where, as in the case of LAS CASA!, he will most probably find himself on his landing delivered into the handsof his personal enemies. The power of driving foreigners from our uare hospitoble shores is itself sufficiently harsh, without desiring the means of carrying it into execution, with circumstances of severity and secresy, suited only to despotic Governments. The validity •nd efficacy of the arrest would not he diminished were it divested of its most revolting circumstances, and if the sole object proposed by our Ministers were indeed the mere lemon' of the dangerous or suspected indivi dual, his feelings of personal safety, and even of convenience, might be so far consulted as to give him the liberty of retiring to % whit part of the world he might think proper. We believe, from certain expressions that have filen froarsottie of the Treasury Prints, that • feeling of vindietiee ness General GOURGAUD, on act mint of his late publication respecting " The Ilan deed Days," may have influenced the present mea sure; and undoubtedly the circumstances at tending the execution of it do not tend to detract (min our conviction in this particular. We know nothing of General GOURGAUD personally, mid we trust to the general scope of one political aenti• mints to save us from the charge of wishing well to him, as a parisau of his fallen Master. Our observations are meant to eitend to every iimiliir case, and we speak for the honour and character of our country, when we expresi a hope, that in the future enforcement of the Alien Bill, the unfortu• mite individuals exposed to its provisions may not be taught to feel a wanton exercise of authority. Yesterday, afte► the Duke of You arri►ed iii tows from (Mimi& and Kew, his Royal Flightless trams:wird military business with the PEINCE lta- GENT, at Carltuu House, A contract has just been entered into by Govern. mem for upwards of 90,000 loads of limber, to be delivered iii three years. The number of blocks of tin coined at Penzance for the quarter ending on Saturday last, was 2,352 ; total for the county 5.088. Our letter from Dover, dated 15th November says.—" Although the weather ha* been Iris favoural.le for the pusvage of our army from Prance, still we have every day some arrival!, l'es. Wady utimit lUt) horses were disembarked from ten and to-day fl sail of transpurti and hired ter,srl, tteut out of harbour on return to Calais." A letter from Ramsgate, dated November 15 tugs—" Early yebterday g wife •tttall verselp came to from Calais, having on uliout 150 of the 18th Hussars. which were 4!:•viathark e ll at noun , and bete immediately march. , ti to l'at.ttrlm. v. tilght a great many more vessels came in from Cdlati which they kit about noon, not being tilde to inter Dover harbour, and were safely silt,- trred here dining a very strong wind. and torrents WI rani, %%Inch fell for some hours. They consisted .•I the Fortitude, Speedwell, Joins cord Mary, Ke '•'1"101, Prosperous, Plough, timid AntArra. with I , tir 114,0;,i of the 7111 Husrars, commanded by Sir 11.1 ANI K cnitisoie, about IGO morr of the 18111 11" " a rl0 and atone Royal Artillery drivers. The kottr :Oilers also brought over thirty-two film horbeb belongiog to the staff of the former regoinent. .l Ise Earl of UXBRIDGE, and roar..!other uffivers of Illi t 7th fitts•ar., arrive,' early yeiterdry evening CaLiti, to the Duet bitchy. The horse, have ill heel& or re I y landrd bete this mortong. The lath will be matched to Canterbury; and the 7111 tu t to go into the barracks here this afternoon." ( ... .' i , 4 1, 4 e tio th.:- 1 - c6. - -- - g____ltto i) 4,7---___-_-_.7- —7- -.:-.-.-N.3 o :-1i..,....4Ark-Z1.,.: FASHIONARLS ARRIVALS and DRPARTURRS. ARRIVAI-S. The Earl of Carlianipion, at his boast in BrotonAtreet, front Pain's Hia, Slurry. Hanna, Esq. at his house in Lower Grosvenor-street, fru. Brighton. D EPA RTUR ES. Lora 111.1 Lally Nike, fru; Lower Brook-street, fur T7ownrl ..... E‘sex. Colonel Wollehouse, fiir Witfon Nth, Norlh Walaharn. Sir IVilli•m Twymkto. Dart. from Warren's Hotel, Water fOrsstro el, for Kent. The Earl of Darnh y, from Oxford, f.pr Cobham-hal!, New. Mr. and %Ira. Boehm, for Ottershaw, Surrey. The Earl or F.eremont, for Petworth, Sussex. Dowager Lady Ssind, from her house iu Upper Brook street, fur Blithfieht, Staffordshire. . _ Lora !Aran! Sanserari, fur his seat, Ea.:minton, Ginn cesteri.hire. Cul. Cornea:lM from bis barge in Henrirtta•street, Cs. vendiab-square, fur Harileburi Castle, Siourpurt. THEATRES. DRURT-LANE. Mr. KERN lest night appeared as 411atbeth.. played the character vigorously—:ind, in some of the minuter touches, evinced infiiiitr genius and a wonderful fiend of feeling. Mrs. W. WEST was the Lady Macbeth. The character is wholly be yond her power►. In the . afterpiece or Two Strings to your Bow, Mr. 3111 N LOWS Letzurilt, was truly utuu•ing. C OtE NT•IG A R DEN. The tragrdy of June Shore was last night repre sented to a crowded mid brilliant house. Miss 61Sitim., as the unhappy favouiite, in every scrim, eicited the drepeit sympathies, and drew forth the desrest of her audience. She towered krraily, where he blesses Hawing& for his generous adherence to the. , Royal little ones"—this scene was finely contrasted with the supplication of her once kind fiiend, Alicia, sad her repentance. as tote spirit is about to quit 4s mausion, sshich touched the chord of pity to every breast. Mr. YOUNG'S Host lags, and the Delmont, of Mr. MACREADY, were ably acted. Mr. Euzirrox performed the part of Glo'ster extremely well. Mr. Boom, who was advertised to appear in that chanicter, has; we un derstand, received, at his own request, his articles from the Proprietors of the theatre, on whose boardi lit will not again " fret and strut his hour." BRIGHTON. Novnises 16. The continued indisposition of her Majesty still renders it uncertain as to when our Royal Reue -1 tilior the Prince Reeesit will again be at the 1 1 .1silion—hut, as the winter season advances, arrivuis in this town multiply; among tii:ttly others, last week, were the following distill guishisl persomig.es ; Lord end Lady Sinclair, Lady Hayes, ,Lady H. Finch, Sir T. Neer!, Bart., Colonel Hatt% and Mrs. Bairn?, the Di water Comities's of Galloway, Lady Shelley, Lady E. Teruo, Liply Gate, the Right lion. G Canning, lady If. Sheppard, .Lady De Bourg, Mr. and Mrs. Borradaile, Sir H. and Lady Darrell, Admiral Douglas, Sir S. Sharpe, Him Capt. Crating, Nlr. sad Mrs. Farquhar, &c. The Earl and Countess of Warwick, fur the winter season, will be here in a few days. Mr. and Mrs. Colitis were in the departure list of yesterday. Sir A. Brvcr has left us fur Portsmouth, and Lady B u ll, f ur tipper Seymour-street. iirtilisestleiy last. at ti special steeling of the Town Council of EdiubUrgh, the LORD PaovosT moved. that the Freedom of the City he conferred oil lies Royal Ili;, hooss the Archduke NIAXIIIILIAN of Austria, which was unanimously agreed to. The A rclult‘ke and suite afterwards visited the Parlia ment Douse, and expressed his most unqualified op probation of the hue statues of Lord Viscount MELVILLE and Lord President BLAIR. Ile then proceeded to Pierin!' Barracks, where he in spected the this Regiideist of Dragoons. From Piershill Ire proceeded to Leith, Where he was met by the Loafs PativosT, and examined the har bour, the wet-docks, Costorri:house, the battery. artillery barracks, &c. In the afternoon the LORD PROVOST gave a grand entertainment. at his house in Gayfielit-square. to his Royal Fliglineini, need suite. the Earl of Morton, the Earl of Flupetoun, the Don. Baron Norton, the Right Don. Wen. I )iii•elas, the- Lull President of the Court of Session, the Lord Atkocate, General Dope. Admiral Otway, and a number of persons of ele.tilictim. 011 this occasion the Luau Pnovost presented the frettlotn of the city to the Archduke, which lie received very graciously. When the Grand Duke Mte. HAIM visited Leeds, Mr. Gorr, the must relict table of the maiinfac hirers of that place, told him, that he preferred wool from Oiltse.s, not only to the finest Spanish, hot even to the Saxon, which had hitherto been considered by far the best fur making hue cloth. SUBMARINE SINUING.--thi Friday Mr. and Miss STEPHENS. RICKARD POWER, of Kilfaile, Esq. and one of his nephews, Rouen? Gauge, of Cloilinel, Esq. and Mr. N isrxtu, the Engineer, went down in a diving-bell at Dunmore, at the mouth of our harbour. The 'early amused themselves below exactly sixty minutes; and Miss STEPHENS, the sweetest of Simoe, delighted her convulsions de tome with three of her best songs, sung in her very best siylr.—t Waterford Mirror.) A Gentleman of Lewes has in his possession a very beautiful medallion of 01.01 ER Canto's:Lt.: it is of bennie. richly gilt. measures nearly Piz in ekes in diameter, and re finely etecuted. It repre sents the Vroire , or un honiebisek, bare-headed. having a truncheon in his right hind; and a scarf over his at hler ; behind him is a sliirld, bearing the anus of England, Scotland. and Ireland. The is Ilse DR!. GRA. ItEIP. ANI.LI.C. ET. lIIIERNI.E. PRO• TA.CTOI4 ROYAL ACADEMY. Last night A. CARLISLE, Esq. F.R.S. delivered it the Royal Academy his Second Lecture ou the iPrinciples of Anatomy as applicable to the Art of 'Painting. This Lecture, like the preceding one, was new, and was received with great applause by one of the largest assemblages of students we have for some time seen at the Academy. Mr. Fuse Lt (who was warmly greeted on his esitrinie z i was in ihe Chair, supported by Mr. Flowann, "r. FL ex- MAN, Mr. WARD, Mr. HONE. Mr. Toomsox, and leveret other distingulSlted Members ol the Royal Academy. . e • • Mr. eAR'LI3LE commenced his discourse by al luding to the general laws which govern animal economy in nil its branches, and pointed out the adaptation of parts in the gonnal world to the uses of the being to whom they were assigned. The generality of the smaller animals were simple in their structure, and the larger ones more compli cated; all were supplied with orgasms for administer ing to their feeling and wants, and had an external suitable fort heir particular destination. They were all governed by the laws of life—laws which were mys terious in their nature, and could nit be assigned to, or explained hr, any structure in the material world. To arrange the mode of swallowing food for her sustenance, the duck was furnished with a bill in which she prepared it, and the hawk was aisigued talons to tear its food to pieces for its repast. A!1 living objects were diminutive at the corrimence mein. The egg of the fowl contained the raw ins tette], of the self-developing principle of life, as the scorn did the germ which, when expanded and ripcord by heat and moisture, produced the lofty oak. The Waste and decay in the anion.' economy was staid, mall the vital flinciimis preserved by the constant and renewed application of sustenance, and the vegetable kinwtom furnished the first and chief means of a due and regular etipply for the preservation of human life. The Learned Proles. sor then proceeded to explain from a skeleton, the I divisions which are arranged in the upper put of the body, and the disposition of the bones which support and confine them. lie painted out the ',Kober protectlon which the Ines,' possesies, from the basket of bones which encircle it, and the tr cevsity of this arrangemeot, us wounds in that par ticular part were often more fatal than those even inflicted in the belly, dangerous as the latter un doubtedly were. taking an intermit view of the parts rind functions of the body, lie explained the meaner in which the circulation of the blood is re. gulated; the discovery of which was justly due to the celebrated Dr. HERVEY, one of the physicians to CHARLES 1. He illustrated this division of his discourse by presenting to the eye of the student a large-sited human heart, the vessels of which were distended by am infuoiinti of wax and some other substance. Frain this he pointed out the tleo-rilit circulati of the vessels, through the arteries and recipient veins connected with the heart—those of the right side for impelling the Mass of blood through the lungs, for the uses of life ; and those of the left for cosiveyiug it hack through the reci. pient veins. On the free circulation of the blood life hinged ; any suspension, however temporary, was instantly attended by suppression of the human functions. so as to produce faintness and often death. Wonderful as was the physical arrangement and action of the several parts of the body, and the means of preserving awl re cruiting them, yet still more sublime and mysteri ous was the intellectual consciousness which ruled the actions of life. That the brain was the seat of this consciousness was not to be disputed, but how the mind engendered the operations of thought, was utterly incomprehensible—that it governed them with arbitrary discretion was all that man could di vine : the attempt to reach further knowledge on this subject was vain and futile ; it only led the mind to wander in the mazes of speculation, and the trackless regions of metaphysics. All knew that the brain was the seat of thought, because the smallest injury to this part dermiged the operations of the mind, and because the n were knowii to have their origin in its mass. in the substance of which the brain was composed, there was nothing that could throw the slightest glimmer of light upon the mysterious properties with which it was endowed. The inquiry must therefore be dropped, as unfit for the scope of human attainment. The Learned Professor then glanced at the formation of the human limbs, and their admirable adaptation to the great purposes of society. The divisions of some of them were indeed curious; for instance, that the number of fingers and toes should be five On each hand and foot, was perhaps unaccountable. though evidently Nature intended this division for some wise purpose, as she carried it through the great mass of her works—the wing, of a bat were deranged into five divisions, and so were the fins of a whale. The Learned Professor then descanted upon the admirable structure of the eye, and its furnishing all the machinery for the study of optici, as indeed the limbs and joints did for mechanics; and concluded by pronotrociii a tine eulogium upon the woudeiful harmony and symmetry of the whole. Ile iave notice that hi, next Lecture would he ou the belies of the 11111131111 frame. Miss BCAUMONT will toake her first appeorance on Thursday next, in the nee opers of " Rose d' Amour, or The Little Red Riding Hat," in the character of Ruse, at Covent-garden Theatre. Last week the Earl of Ilaretrooll was convicted at Leeds in the mitigated peiletly of Ws. and costs, fur not having his nuine inscribed on a cart belong ing to Ins Lordship ! llt the annals a Lotteries, the 0 . /ELT remarkable Prize ever ►old was No. 461. • Prize of 20,00t1/., sad, as Ant drawn, emitted to another 20,000/., making the greed Sum or 40,01101. The Ticket was attuned and sold by the city fortunate Howie of 11fAKTIN laud Co. 8, Corn. and 120, Oxford.strert. The New Lottery berm. draw too; NRILT Trunmr, rhea the Grit-drawn !Nils •ill re. eesve 30,0001. Consuls. iir IVA Vega, H/111.ZION, iu Lis History of At World, describes the fertiiity of the laud, near the Nile, to predate two biradred . fuld giekins of tura ; bow. ewer astuaishine this increase may eerie, yet it requires a wlndle year fur the product; While the fertilising power of the pr. seat Wheel of Portiere must produce, ill three ur roar days, abuse a thoisand NW, iu grains of mint seed; as the present ;nice of a Ticket is moiler till and the first•drawis Prier Next Tummy, whether 1u; HlOl. 5,0001. ur what ever Prize it way be draw., will rectiVe itt COusuli, THIRTY TRUIL;WID rOLINVII iu addition. L.VE INT/. LUGE.Ver.. COURT OF KING'S RENCH, WrsrmlssTun, MuNDAY, Novi:misfit 10. _ _ _ HABEAS CORPUS. Mr. NoLAN 111/1/iltli to the Court, on Friday last, for a writ Or Habeas turpny, iii order 10 bririif up, and admit to hail, a Lieutenant of Marines, who was confined in Nlitithnoile g:tol, on a charge of murder. It appeared that the Lieutenant w as serving on hoard a coisviCt %hip, which was pro. ceetling to Botany flay, when, ou the :.1 of S. p. temher last, a mutiny broke out amongst the poi soners. In endeavouring to qui II it, a musket was fireti, by which one 01 . the convicts was kil led—and the Lieutenant sod Doctor were, in cosisequence, apprehended. The Doctor hail keen since ad mitted to bail. The Court, uu the application, refused the writ, the motion having been founded on the affidavits of the Lieutenant and Doctor alone, who were the parties . implicitied. Mr. No LAN 110 W produced two new affidavits,oet ting forth the facts of the case, on heating which the Court granted the writ. MANDAMVS. Mr. MARRYATT moved, on the part of the overseers of the poor of Gravesend, for a rule to chew cause why a Mandamus should not be direct ed to the Mayor and Aldermen. ordering them to proceed to the collection of the poor's rate. The Learned Comisel paid, dist, of 1,4001. of arrears of poor's rate, but 401. haul been collected, which was only sufficient for the support of the poor for a single week, while the offsceis were hundreds of pounds out of pocket. Mr. MOORE stated, that the Mayor and Alder men were must NOXIOUS to du what was right. and would be guided by the advice of the Cond. Mr. Justice BAYLEY intimated an opinion, that those who neglected to collect the rate, might, when 'he period expired to which their remaining in office Was limited, be debited for the sum then outstanding. The CHIEF JUSTICE stated, that such neglect was clearly a inisdeinranor.—Rule grunted. EJ ECTM ENT. PALMER end OTHERd V. PARKER and OTHERS. This was a cape of ejectment, and was tried. at the Warwick Assizes, before Mr. Justice Bun when is verdict was found for the Defesid ants. The Defendants had, it appeared, ever since the year 1790, proceeded to work a coal mine on the following terms giving due notice to the Plaintiffs they were allowed to take an acre of land, yearly, at a certain price, until, acting on a species ofarithinetical progression, they paid for the last acre VS/. per annum. The cause of complaint was, that they had, without giving the proper notice, dug under a certain dose, or piece of land, called The Paddock, containing. in fact, more than one acre. It was contended, on the other side, that, though no regular notice was given, yet the Plant tiffs were perfectly aware of the fact, that the De. residents were at work on this piece of ground, as they had repeatedly visited it. and must have seen it covered with steag—second. that although the extent of the piece of laud was not mentioned, yet it was perfectly well kuown—and third, that the right to the land in (poet:tint' was vested iu the De fendant, Parker. The land, it appeared, originally belonged to three co-heireases, one of whom had married flenjamili I ker, the Defendant's brother. He had died, and 1) •fentlant insisted, that all his brother's rights devolved to him. Mrs. Parker, however. thought differently, and was a Plaintiff in the present action. On a hornier day Mr. D•utscrir obtained a rule to slim cause why the verdict should not be set aside, and a new trial granted. Against this rule Mr. TiinteroN and Mr. %VEN TER were, this day heard—and Mr. PULLER in support of it. The COURT deemed it necessary that a new trial should be granted to this CR,r, in order that certain points Should be settled by a Jury. One of these ponds was, whether it had been the practice, since the year 1790, for the Defendants, or those whom they employed, to give information of diay kind to the ()wears of the soil, as to the extent of any stir fare they iiitentled to work. The Court believed that there had besu such a notice—but the Gentle turn at the liar darted with respect to the evidence of Mr. Wright, the principal witness. Rule made absolute. ASSAULT. THE KING S. REES REES, EDWARD/, Ufa POITIER. Mr. MARRYAre moved the judgment of the Court against these Defendants, who, at the late Kent Assiies, were found guilty of an assault on t wo m a ri ne s, in th e town of Chatham. It appeared that this indictment was preferred against the De fendants, at the instance of the Admiralty, to whoth various complaints had been made of the hostility 'hewn by the townspeople or Chatham against the individuals in 'pinion there. Two marines, it seemed. hail been attacked by the Defendant Rees, who war e at the time, a 14mm:drapes. in Chatham, assisted by Edward,, his shopinan, and Poitier. his porter. The men were much beaten, end were 'sower& taken to the sviateliAoure, on the ground that they had cointuitied the assault. They were kept in the watch-liousi all slight, although the serjeaiit and corporal of the company to which they belonged, and who had witnessed a pirt of the pro. feeding. altered to have them secured in the regu lar guard-house, it being contrary to the rules of the garrison to let the uterine. stop out of their bar rack. The [7-friiitanis %ere found Chilly. On apprait.•g in Court, Mr. Kers requested that judgment img•.t be postponed until Thursday next, which propinilion was agreed to, and the Defend ants were at:ctn./Mgt)? remanded. COURT OF COMMON PLEAS,.tt•rrrnfraslra, Moab/sir, Novensta re. The Court w.is occupied a considerable part of the ;no g iu re-cell/log jriotilications of bail. HARDEN C. OITA $. This Was an action on is breach of promi.e of hist suMiner at H. Word, and a verdict lor th'e Plaintiff. with 4,060/. damage.. A rote been obtained this Term to Phew cause why the verdict should not be art rattle, and a new trial grained, founded un an .411(116.4 ►taliug the Drlelitlatit to be worth only :MIL a Bea►. 31r. Serjvatit COPLEY now stated, that he had not been aware of any rule being; made, and that the notice served by the opposite party bore that the role was lowed on the flintier of the record as well at of the nffitlnvit, which Course hr appre hended to be irregular, as it should be cool/nett to our or other of them. Mr. Justice PARK said,. rule hail been granted with Is view to furnish room for a compromise be tween time parties. Mr. Sprjeant TADDY replied, that the matter, in dependelit of the contents of the affidavit, was taken from letters by the Defendant to the Plain. au acconot of the which hail liet n 1 ,11111151w41. • Tile CHIEF J u it! cr. said, the irrr s jiet wag grnuntl ed on evidence given oil the other side, of the. Defendant being possessed of property to the amount of 20,000/. The affidavit, therefore, coo tained imfficirot matter to make it aouii.l discretion in the Court to grant a rule, and it was unsieces. airy to bring forward other matter for the GOODCIIII.O and ANOTHICII U. COCIIRIPE. This was an issue tried by a Jury. Mr, Serjestiot VAUGHAN stated, that it w a s sit action brought against the Delsinhoit for en, nia.ter of it trading vessel s in stowing cram,' goods intrusted to hint for his carriage and safe con veyance. The Plaintiff had bought a quantity of plate glass at Dumbarton, in Scot , anil, and filit them on hoard the James mod Archibald, a tradig vessel, of which the Defendant was MLrsrrr, to he carried to London. On the vessel arriving here, it was discovered that the crates of glass hail been most negligently stowed ; they had bre', put loosely into the bottom of the hold, with a number of clico - pigs of lead, also unattached and uncos 8!o-d, in satnitcle that on Cory motion of the ship they roi lr.l against the glass, In corisequence a numb , r id' the plates of glass hail been broken. The value of these oas ritillitittd at 1001. They sought only in demnification Milli the only question fur the Jury to consider was, whether the injury dress from neg lect of the Captain ; it they should hod it did, th.y world hate no hesitation its Lindh g a verdict fur the Plaintiff. Thomas Tyrrell called and examined. Paid the freight on thirty crates of crown glass at Dumbarton, to the I)efeitilaiir, f r Mr. Joepir Goodeleild, and rodured the bill of White. --Smith is in the employment of Mr.(;noulchil I ; went toexamine the giros when the vessel arrive d ; it was stowed carelessly; iron had been used for ballast instead of mind ; the iron was in rough rOiiiid pieces. One of the pigs of lead had got tinn ugh the bottom of one of the crates; assisted in iii load ing the crates, they were carried very carefully to Mr. Gootlchild's premise.; when unpacked, the glass was very much broken, one crate had nine plates broken, another seven, others our, two, and three ; one crate was lying on its side agairt-t the mast; thinks the dstn.ge proceeded from the im proper stowing mid the iron together. Cross-examined—Thinks iron is not proper bal last; the mate told him there were hut four crate-4 at the bottom that could not be got out till other goads were removed, those were left behind ii:t afterwards; there was not any glass broken in theta. Re-exantined.—Mr. Locke went on board the iessel in company with Mtn ; the glass sustained 1.0 injury in being ternoved by him. -- Locke was servaht to Mr. Chance, who had glass on hoard the ✓a►nes and A►chibald PAW Mr. tiootlchild and the la►t witness there ; save the crates at the bottom of the vessel, anti round pig 4 of iron lying among them ; one crate was so situ ated, that the least motion in the shill t*onld make one rod of it cock up ; on lifting up the crate., the glass was known to be broke by the rattling ; thinks the damage 3rose froM the glass heii-g too closely pressed by the iron; never saw ally other ballast than sand. Cross examined.—lfis master's crates were nit insured ; heal(' Sir. Gond( had grumble at the Key iu which his crates had been stowed. Perry. • ligliterman, took some craft out of the vessel in his lighter, to shore ; when tin y were put into the lighter the glass teemed to broken. The case frr the Plaintiff was here closeil. Mr. Srrjeunt Rstee addressed the Jnry fist the Defendant. He felt confident he cool I spew the Jury that they ought not to gite a shilling of da. mars. The bill of lading engaged for u safe coo vryance. with the exception of all damages sod ac cidents of the Pea. lie should prove that the jujusy done to the gliss was the consequence, lint ot negligence on the part or the Captain. bit froiti the vessel's rung aground while going &wit the nvet from Dumbarton, which came aithiti tl.e Ile. scriptiou cf sea accidents. This alone ►of6- ciently accounted for the iron getting into the crate, and all the other damage. The slop bumping on the sand heti forced the iron op. Negligence of stowing was the charge ag•tin►t the Captant in both counts of the indittment, and if the Captain wait bound to •hew that the glass load been properly stowed, that would be a very "viol ground of action; but here he was nut. f. r it would be proved that the sellets of the glass, the Dumbarton Company, had put it on board them selves. not choosing to trust it to any body else, and that there was not * man of the master's below when the glass was stowed. But admitting the Califon' was responsible, improper stowage had not been ',roved. Every ship of war was ballasted in the manner this ship was, and he should bring 'sit u's saes to shrew that the Dumbarton Company saw and approved of the stowage in question. Robt. M`Farland examined. la now mate of ►he. James and iirChibold ; was On Wind us one of the crew when the cargo was re. ceived ; know; the mode of stowage used by the Dumbarton Company; has been with thiee or four cargoes of glass to Ireland, wills iron ss ballast ; • believers it A prover ballast—the vessel got aground Coming down the giver from Dumbarton; teary were obliged to take nut smite of the glass to lighten her; by that means they gut off; it was taken out end re-stowed by the Company Cross•..ramined.—The Vessel belongs to some members of the Dumbarton Company, and was stowed by their strvants. In answer to a question from the CHIEF An.FICE —The mode of ballasting enopfu)ed ars usual and proper in that trade. Joules Ewing was one of the crew. Pig iron is a usual ballast ; hits been Wen years to that trade, sod