The Sun. — London, England, 1829-07-01 00:00:00

to then was not delivered by Mr. Nash till the lease Mr. Nash to report on that proposal on the 31st of was to be granted. December, 1818 ; Mr. Nash does report on the " Then that Report is not upon oath ?—lt is not 14th of January, 1819; the Treasury suggest that upon oath. the request of the Canal Company should be ac " Is it not the fact, that no plan whatever was de- ceded to; and then, on the 6th of November, livered in by Mr. Nash, the previous plan having 1821, the Treasury warrant is made out; how can been delivered in by the Company ?—There is no that be reconciled with the statement which is other plan ; this Report has reference to the plan now made ?—As Ido not know the details of the delivered by the Company, in applying for an ad- , works of the Regent's Canal Company, I cannot ditional quantity of land for a basin. answer that question. "In Mr. Nash's last letter to the Board which has "In this letter from Mr. Lyon on the behalf of just been read, he proposes 61 years' lease, instead Mr. Nash, more favourable terms are asked for an of the original period 50 years' lease; was t h at a extension of the period to ninety-nine years; to whom voluntary proposal of his own ?—He says, I beg was this letter referred before the Commissioners of to observe that it would be more advant ageous t o Woods and Forests deemed it advisable to accede the Crown, and I think also to the Regent's Canal to the request ?—I do not think it was referred to Company, that liberty should not be given to re- any body; that letter was not referred to any body : move the buildings, at the end of 21 years, but that there is a minute upon the back of it, The Board the usual building term of 61 years, should be granted are of opinion that the two first propositions are rea paying 101. per annum. sonable, and proper to be granted, but the third can- " Mr. Nash says,' I am also of opinion that the bonus which they will get in the grass rents of 101. and 1.51. per annum will not over-pay them, if they wall the basin ; are you sufficiently acquainted with the construction of Canals as to say whether a basin can exist unless it be walled 2—l apprehend that the walling the basin would be partly the duty of the Canal Company, and partly the duty of the per son who possessed wharfs upon the banks of the basin ; if a different person was the owner of the wharf., then I think the walling of the basin would le a duty equally belonging to them both. " In the letter of July, ISIS, the Company apply to the Board to know whether they may have per mission to substitute Mr. Nash's name, instead of the name of the Company ; was any answer made to that ap,Olication ?—None at all. . . . . Yirxt!i t. +ter is the 19th of January, 1819, from the (onsei ss ,:-)nors of Woods to the Treasury. (The Xittj ess h e ,-e read the same). " Werr • not all those valuations upon which the C°lnmisY loners of W.:iods and Forests relied made by Mr.. Nash?—Yes. . - " W' oat portion of the eight acres is it that the ,t3oard recommend to the Treasury being granted in feg ? No portion of the eight acres; the eight acres v ;ere to be granted on lease; it was the por -lion forming the bed of the basin that was to be sold in fee. " 1 sit necessary that that which is actually exca vate( as the course of water should be granted in Seel —That is so ; it is the bed of the canal. 4 1 Then, at the expiration of the term, if the Com y should not agree with the Crown, the basin .ild be of use to nobody ?—Yes; the next is a .I : iti.er from the Treasury of the 12th of February, ;1,819, in answer to the Commissioners' Report, :.authorising the extended grant to be made.—(The -,jvitness read the same.) —The next is a Report of t : lte Commissioners to the Treasury, en the Bth of :Novernl.,er, 1821, requesting a warrant to make the yrant.—(The witness read the same.) “It appears by this letter that the Board of IV,;Otis and Forests consider Mr. Nash not as the 'is see fur the eight acres, but as the trustee only for he Company ?--Yes. . • • . . . • . . ic i')id the Crown grant a lease of the whole to -m r . N, tsh in trust, or did they wait until they had 4„ o set of the property and then grant leases to pecsc , ns buying under him ?—lt was granted to 'llr. Nash in three different leases, upon the nomi matioa of the Regent's Canal Company, and they ztre parties to the lease, their nomination being sig.. iii6ed by their seal being affixed to the lease. " So that they were leases to • Mr. Nash as pro nietor not to Mr. Nash in trust ?— On the nomi -..naoon of the Company. • Will you read the next letter ?—The next let the.2jth of February, 1823.—(The witness read tin.' same.) The Committee state here, that the grant should Le modified in such a manner 83 may over a fair in ducement to the traders to nccupy the basin; was it not their origlasl idea that the Company themselves would erect the buildings ?—No ; I apprehend the view of the Company wo.s to underlet it. ' 4 By whom is that signed ?—lt is not signed ; it i s in she name o f the ' Committee.' " Voi.: do not know in whose hand-writing it is ? —N o ; m y answer was directed to the Clerk of the Regent's 0 11 ,1 Company of the 10th of March fol lowing.—(The w Ltness read the same.) . • • " Will you - read the ne;:the next is dated Regent's Canal-office, 21st . Ai:gust, 1823;' it is a letter from Mr. Ly on to me.—(The Witness read the same.) " What is the next letter in point of date ?—The . 10th of November, 1823; this is a further lter to the Commissioners from Mr. Lyon, on beha letter to the C o n2lsSlofltr s from Mr. Lyon, on behalf of a nominee of the Regent's Canal Company.—(The witness read the same.) " Who is the nominee referred to in this ?—Mr. Nash. " is his name mentioned in the letter ?—No. . _ I not be entertained ;' the third was as to the reduction of rent ; and, there is on the margin of the letter, in Mr. Huskisson's writing, against the first and second, agreed to,' and against the third, rejected.' " Was all the other building-ground let at 99 years ?—lt was. " Was it known to the Commissioners at that time that the nominee who was referred to in that letter was Mr. Nash ?—lt was. " Was it known to the Commissioners that Mr. Nash was acting in this case, not for the profit of the Company, but for his own profit ?—I do not think it was at that time. " Will you proceed with the correspondence The next is a Report of the Commissioners to the Treasury, dated the 25th of November, 1823.—(The witness read the same.) " Are the conditions there the original conditions ? --They are the original conditions, except as to the length of the term. " It ►rants that modification as to the length of the term ?—lt does; it extends the term to 99 years. " But there is no reduction of rent given ?—No; none. " The Board admit Mr. Nash in the place of the Company ?—Yes. " Will you read the next ?—The next is a letter from Mr. Lyon to myself, dated Office of Woods, Nov. 29, 1823.'—(The witness read the same.) " Will you read the next ?—The next is a letter from Mr. Lyon in answer, dated December 13, 1823. —(The witness read the same.) " The six s%harfs that are let are let at nearly a pound a foot, are they not ?—Nearly. " What is the next document ?—lt is a Treasury Minute of the date of the 16th of January, 1824, authorising the Commissioners of Woods to grant a lease to Mr. Nash.—(The witness read the same.) " What is the reason that they rescind the for mer lease ?—Because the term was extended to ninety-nine years. " When were the leases actually granted in con sequence of this new warrant ?—On the 12th and 14th of February, 1824, leases were granted of the house in Augusta-street ; and on the 31st of May, 182,5,a lease was granted of fourteen plots of ground, abutting on the Commercial Dock of the Regent's Canal. " Are they for ninety-nine years from those re spective dates ?—No ; for ninety-nine years from the sth of April, 1819. " Are those leases produced ?—They are. " Are the Committee to understand that this paper, which states the annual rents on the ground granted by the Regent's Canal Company, contains the whole of the eight acres ?—Yes; there were, in 1824, twenty-six houses in Augusta-street, 261.; that is a pound a house; the 14th of February, the same year, twenty-seven houses in Augusta-street, 271.; the 31st of May, 1825, fourteen plots of ground, abutting on the Commercial Dock of the Regent's Canal, with sundry Messuages, 241. 14s. for the first seventeen years, 631. 11s. for the next seven years, 1341. for the next fourteen years, and 1,3211. for the remainder of the term. " The 1,3211. for the remainder of the term, is at the rate of 11. a foot frontage on the Canal, is it not ? --Yes, it is ; a part of the eight acres was not granted to Mr. Nash, the Commissioners having reserved one wharf for the landing materials for the repairs of the roads in the Park. " You state that the houses are let at a pound a piece, is that the ground rent, or the rent of the houses ?—The ground rent. " What is the paper we handed to you ?—lt is the Minutes of Wednesday, the 15th of July, 1818, of the Regent's Canal Company—' Present, the Earl of Macclesfield in the Chair; Colonel Drink, water ; Culling Charles Smith, Esq. ; Elliott, Esq. ; Henry Brook sbank, Esq.; and John Nash, Esq. The Committee resumed the con sideration of the question respecting the wharf land adjoining the basin in the Regent's Parlc, And Mr. Lyon having reported that the Company could not legally take a lease of the same, Mr. Nash signified his readiness to take the land in question on the terms offered to the Company by the Commis sioners of Woods, &c.; and stated, that in the ld not event of the lease being granted to him, e wou, without the authority of the Committee, let the land to any person who would not agree to pay the Company the proportion of the expence of the lining of the basin which would be attsched to their respective wharfs. Resolved, that under the cir cumstances above mentioned, Mr. Lyon be directed to express to Mr. Milne (the Commissioners' Se cretary), that the Committee not having power by the Act to avail themselves of suck leases of the land in question, desire that the lease of ,the land in question should be made out in the name of Mr. Nash.' " Had you any official notification of those mi nutes ?—Only that which I have read. " How was that paper communicated to your Board ?—lt was not communicated to our Board; I received it from the Chairman of the Committee at the present moment. Will you refer to the letter from your office to the Treasury of the Bth of November, 1821 ?_(The witness read the same.) " Will you read the next letter, which is of the 6th December, 1821 ?—(The witness read the same.) " Mr. Lyon states, in his letter of the 10th of November, 1823, ' that more than six years have ! elapsed since the basin was formed and walls built how can that be, when the Treasury war rant to sanction the sale of the ground to the Com pany for the increase of their basin, is dated the 6th of December, 1821 ?—lt is very probable that the Treasury warrant might not be applied for till they were desirous the sale should be corn_pleted; it is ve ry usual to have the w arrant of the Treasury dated long after the transactions which they are meant to sanction have been in progress. " Would the Company be at the expense of ex eavatiog their wharfs before they knew whether the Treasury would sanction the sale ?—lf the Company were told that the Board would apply to the Trea sury to sanction it. " This excavation must have been made in the year 1817 for six years to have elapsed by the 10th of September, 1823; now the first application for more land is on the oth of September, 1818, when they state, that as the prospect of an increasing trade appears, they wish tor an additional piece of ground acid e eir basin ; the Commisstoners of Woods arid Forests on the 31st of October, desire additional four acres for the Company, the Com pany were ignorant of this application ; and the Commissioners, in equal ignorance of his cha racter, at that time were directing Mr. Nash to report on his own application. That the Canal Company were ignorant of the application, ap pears from their minutes produced in evidence, and from the evidence of their Secretary, Mr. Snee, p. 204. " Wes that book contains the Minutes of the proceedings of the Board of the Directors of the Regent's Canal Company, of the year 1818 ?—Yes. " Will you refer to any Resolution or any Mi nutes of the Company determining to take a second grant of four acres in the neighbourhood of the basin of the Regent's Canal ?—I do not recollect such a minute as that. " Is it usual to take land without any minutes or any resolution to that effect, or lease of ground of Our acres ?—I should think not. ' There is no minute to that effect 2—There is that I am aware of. And no record in these books to that effect ? .No. not, " Are you aware of a letter from Edwards and Lyon on the 9th of September, 1818, respecting the subject that has been alluded to ?—Yes. " Do you know any thing about the authority given for writing the letter ?—I do not, at this dis tant period, unless it was on some conference with the Chairman :—I have certainly not any clear re collection about it. Do you consider taking the four acres of land as a matter of such trifling importance that there would be no minute to that effect ?—I think not. " In point of fact, did the Canal Company ever take these four acres, or did they not ?—They did not. __Mr. Nash, I believe, took the whole of the land." Mr. Lyon, on being asked, p. 206, " By whose direction did you write that letter ?" an swered " Upon my word it is so long ago, I cannot remember ; I should have said; if I had not heard there was no minute, it was by direc tion of the Committee ; I should have said so, if 1 had not heard there was not a minute to that effect." It would have been a miracle if Mr. Nash, the Crown Architect, delivered in Re ports unfavourable to Mr. Nash, the Crown Te nant in these eight acres of land. In his Repoit of the 31st of December, 1818, on this spuriou application of the Company, he recommended better terms to the Company, that is to him self—that the term of fifty years should become sixty-one years, and magnifies the great advan tages the Crown would derive from the opera tions of the Company as an inducement. A curious document appears in p. 132, alluded to in Mr. Milne's Evidence, dated Regent's Canal Office, 26th February, 1823, soliciting from the Commissioners of Woods and Forests, for the Company still (not a word of Mr. Nash!), an extension of the period of the lease to 99 years, " awl to lessen the ultimate rent for the frontage of the land from one guinea to fifteen shillings per foot." This request was refused by the Commissioners. In the Minutes of the Canal Company of that date, 26th February, 1823, it is stated, " Mr. Lyon then submitted a letter, which he this morning received from Mr. Nash, confirmatory of the above statement, and re questing the Committee to memorial for an ex tension of the term, and for a reduction in the rent of the land to be leased by the Crown to Mr. Nash on the margin of the basin." And the Committee resolve to second the views of Mr. Nash. These are certainly strange pro ceedings. But our limits force us to close fur the present.—Morning Chronicle. There is no subject connected with the revenue of the country, or the prosperity of the cotton trade, which reflects more disgrace on the Go. vernment, or to which its attention, with the view of effecting a reform, is more imperatively called, than the duty which is levied on printed cottons. The Government, or rather the revenue, gains nothing by it ; and the country suffers to an ex tent in its export trade of the article of which it would be difficult to form an accurate idea. According to a Parliamentary return, the whole amount of the duty on calicoes in 1828, amounted to somewhat more than 1,640,0001.—n0 great addition to the revenue it will be allowed, when it is considered that of almost all the ex portable articles from this country, printed cali coes hold the highest rank in the estimation of foreigners, as they are assuredly the most sale able: in this country. On this amount of reve nue, however, there is a drawback on exporta tion, which last year amounted to nearly 1,300,0001., leaving only, in round numbers, about 350,0001. of actual revenue ! Even from this sum, however, must be deducted the ex pense of collecting the gross amount of 1,640,000/. of revenue, and of disbursing, the nearly quay largo aMcvint Of 1,800,000 t.—a tax which, even at day labourers' wages, must reduce the quantum received by the Exchequer to a mere nothing. There are undoubtedly taxes of a much more mischievous and disagreeable character than the tax on cali coes ; but we believe there is none more purely futile, or which the Government might relinquish with less risk of loss. It enhances the prices of the article to the foreign consumer ; it lessens the consumption at home ; its collec tion is doubly more expensive, on account of the drawback on exportation, than that of any other tax and lastly, it yields nothing to the revenue ; and stronger arguments, we think, cannot well be produced against its continuance. We trust, however, now that the Catholic ques tion has been settled, that the Duke of Welling ton ant his colleagues will turn their attention to this and many other matters connected with the Stamps and the Excise, which demand not only consideration, but even on the first view, the most decided reform.—Morning Advertiser. • I • , " If it had been understood by the Board that on the sth of July, 1818, the actual property in these leases was transferred to Mr. Nash, do you think that the Board would on the 31st of October, in the same year, have applied to Mr. Nash for his opinion about a higher extension of the lease and further conditions ; or that they would have sent Mr. Nash's opinion to the Treasury as an authority for.them to act upon, if they had been cognizant at the time that Mr. Nash was the actual proprietor of the leases ? No, I apprehend the Board would pot have done so, " Did not you in one of :your letters warn Mr. Nash that he waz to verify on oath ?—Yes. " Did he so verify on oath hp did not. " What was the .time when the Board were first aware that Mr. Nash was the actual lessee ?-1 really do not know ; I do not think it was more than two or three years ago i I think it was when tha leases were granted. " Before that they believed him to be a Trustee for the Company ?-,They did. " Are :you aware whether, whop the Commis sioners of Woods and Forests became informed that Jr. Nash was the lessee, any inquiry was made of any other yc.hler as to the value of the land ? No, there was not, " Notwithstanding it had come to their knowledge that Mr. Nash had himself a beneficial interest in it ? ; the Commissioners had previously agreed to let to the :Regent's Canal Company the land at a certain price, and they felt themselves bound by that agreement." Let us rest a little here. The lovers of mys ti6cation will find it here to their heart's content. The Commissioners of Woods and Forests, up to the very last, when the leases were granted to Mr. Nash, conceived that their paid Architect had merely chosen to relieve the Canal Company from .in embarrassment, occasioned by their dis covery. that they could not take leases of land by acting as Trustee fpr them. On the 15th July, 1818, the Company, behig in want of funds, could not help regretting that they had applied for ground for wharfs, and Mr. Nash consents to take it off their hands. On the 27th July, 1818, Messrs. Edwards and Lyon write to .isli. Milne, requesting, " as it is doubtful whether the Company can, in their corporate capacity, Biter into any valid compact by way of lease," that the lease l.;e granted in the name of John Nash, of nover-Street, Piccadilly, Esq. The Company did not state that they were wfant of funds, and that they were glad to be relieved of their bargain. And why ? M6ssrs, Edwards and Lyon, Solicitors to the Company, and Soli citors to Mr. Nash, in a month or two after wards, that is, ID,I the 9th September, 1818, as there was a fair prospect of pr.* establishing it self in the Regent's Park, to a greatow than kVQ,S, expected, applied to Mr. Milne for an extension of the Basin, having liberty to use the soil excavated in the mak - ing of bricks. If the Commissioners of Woods and Forests had known that a month or two before the Canal Company were in want of funds, and had aban doned the first four acres to Mr. Nash, the ap plication for another four acres would Kaye made them as wise as Mr. Nash himself was. The letter of the 21th July, and the letter of the Dth of September, therefore, dovetail admirably into each other. Our, readers will please to bear iu mind, that when Mr. Nash was applying for an SHIPPING INTELLIGENCE, POLICE INTELLIGENCE. BOW-S BEET. was kept without provisions, cruelly beaten, and hove over the ship's side in a situation where he was con- tinually in the sea-water. Witness—Yes, Sir ; he was once so exhausted that he lost his hold and went overboard, and would have been drowned, but I hauled him out of the water. Yesterday Richard Breadcutt, a determined looking fellow, between 50 and 60 years of age, was charged with having desperately assaulted two Irish women, mother and daughter, both of whose heads exhibited dreadful cuts, which it appeared the prisoner had inflicted with a poker. The elder female, who said that her name was Mary Allison, and that she lived in Kentish-town, was obliged to be supported while giving her evi dence, which she did in a voice scarcely audible. She stated that the prisoner came from his own house at Cain's-place, Kentish -town, that morn ing, to the house where she and her daughter were residing, which was about 100 yards distant, and without any reason whatever began to attack her (the witness) with a poker, with which he came armed. He struck her several severe blows upon the head, and when her daughter came to her assist ance, the prisoner immediately fell upon her, and swore that he would murder them both. Bridget Hogan, daughter of the last witness, stated that she had lived in the service of the prisoner, but that his wife having brought her to a house of ill-fame, she (the witness) left the situa tion, and upon going to demand her wages, the prisoner's wife threw a pail of water upon her, in consequence of which they fought, and then the prisoner's wife went to Hatton-garden aid obtained an assault-warrant against witness. The Magistrate, however, upon hearing the case, decided that the complainant was the first aggressor, and dismissed the charge. Witness supposed it was in conse quence of this defeat that the prisoner attacked her mother and herself. She then proceeded to state, that the prisoner having struck her mother upon the head with the poker until she was covered with blood and in a state of insensibility, began to attack her with the same weapon, expressing his determina tion to be the death of them both. Witness re ceived several severe blows upon her head, and in a few seconds she was covered with blood. The prisoner struck her so hard and seemed so determined to put his threat into execution, that he broke the poker while hitting her upon the head. The witness here produced the knob of the poker, which he fairly broke off, and exhibited her wounded head to the Magistrate. The witness Bettie said, that before the assault took place, the prisoner was heard to declare that he would murder both mother and daughter. The person who heard him say so would have been pre sent, but that he went in mistake to Hatton-garden office, thinking that the charge would be investi gated there. Mr. MINSHULL (to the prisoner)—lf either of these women should die,—and there is no knowing how their wounds may turn out,—you will have to stand your trial for murder. The prisoner (who appeared to treat the matter with the greatest indifference) replied—" I suppose I must take the consequence." Mr. MINSHULL—I shall certainly not take bail from- you until both women are out of danger. Until that is determined, you still remain in prison. Prisoner—lt is all one to me—l shan't trouble my head about it. The prisoner was then remanded, and Mr. MIN SHULL directed that both the women should be con veyed without loss of time to an hospital, where their wounds would be properly attended to. THAMBS-OFFICE. Mr. BALLANTINE—In your opinion did that treat ment cause his death. Witness—Why, yes; I say that his wanting grub (food) was the cause of. his death. The prisoner again declared the evidence of the witness was false. George Conley, another seaman, deposed that he joined the ship at Singapore. He had run away from another ship, but did not say so to the Captain of the Francis Watson. Saw the deceased Lewis Sinclair : he was in bad health, and no seaman. 1 heard he was turned out of the cabin. I knew he was flogged and half-starved. I knew he had no allowance from the ship. He entirely depended upon what the sailors gave him. I have given him food. I have seen him flogged by the chief mate, the Captain, and the black fellows. I was on the watch upon the deck about afortnight ago, oif Sicily. We were taking soundings. I saw the Captain strike the deceased with a capstan-bar. I saw the deceased again some hours afterwards; he was then dead. I think his death was occasioned by starva tion and cruelty. Charles Bateman, another seaman, deposed that he sailed from Liverpool in the Francis Watson.— The deceased shipped as steward. He was a fine healthy young man, and had before been at sea, but was no seaman. At Batavia he got tipsy, and was sent before the mast, losing his birth as steward.— This witness detailed several acts of cruelty towards the deceased, and confirmed the testimony of the other witnesses. Mr. BALLANTINE asked him if the whole story was not made up in order to ruin the captain ? - Witness declared solemnly that the whole statement was true from beginning to end. Mr. BALLANTINE—HOW long was it before the man's death that the last flogging took place ? Witness—l cannot say; I should think six or seven days. He was in a weak state previously. We had six black men on board. There are other wit nesses if they will come forward. The prisoner asked the witnesses if he had ever refused any of them provisions when they applied for them. They answered that there was a shortness of pro visions on board. They were allowed pork twice a-week. Murray, in addition, said the prisoner struck him, and said, " You rascal, you are stealing the bread and provisions to keep that fellow (the de ceased) alive till we arrive in England." The prisoner said he had always supplied the men with provisions and medicine. Murray said he had received a dose of salts, but the deceased neither received medicine or provisions. The prisoner declared that he was perfectly inno cent of what was laid to his charge, and which he hoped he should be able to prove. He had given all his men every encouragement. Mr. BALLANTINE—It is stated to me that you took the deceased as a steward, for which situation he might have been tit ; that for his intemperance you discharged him from that post, and sent him be fore the mast, to do duty as a seaman, to which he was unequal. That he then fell sick, and thencefor ward commences a continuation of most atrocious cruelty towards him. I have heard of a crew being engaged in scraping the ship's sides when the ele ments are calm, but the deceased appears to have been so employed when the vessel was going ut a great rate, and when the sea ran so. high that be was washed away, and but for the humane exertion of one man he would have met an earlier death than that which has since overtaken him. It is also stated to me that when he was labouring under a great degree of sickness his allowance was stopped and nourishment denied to him. This is extraordi nary cruelty if the statement is true; and also that he was flogged in an indecent and unmanly manner, and that he sank day by day under such continued injuries until he died. The witnesses examined be. fore me have charged you with being the author of all this, and if their statement is true, I must say you are guilty of murder. The prisoner became much agitated, and again re peated that the witnesses had sworn falsely. Mr. BALLANTINE said he would remand him upon a charge of murder. The prisoner requested to be allowed to return to his family, and said he would meet the charge at any time. Mr. BALLANTINE —I cannot part with you; you are here upon a most serious charge. The prisoner was then remanded for another exa mination, and the officers directed to procure such additional evidence as they might be able to collect. The prisoner was then removed in custody of the gaoler. Yesterday Captain Sampson Bragge, commander of the Francis Watson, free trader to India, was charged before Mr. BALLANTINE with the murder of Lewis Sinclair, his ship's steward, on the high seas, within the jurisdiction of the Admiralty of England. Capt. Bragge was unattended by any legal adviser. Hugh Murray, a fore-mast man in the Francis Watson ' deposed as follows :—I sailed from Liver pool to Batavia, thence to Singapore, and home to London, in the ship. The steward, who is now dead, also shipped at Liverpool. At Batavia the steward got drunk, and was turned out of the cabin. When at Singapore he took ill. We had no doc tor on board. The captain ordered that the steward's allowance of water should be stopped, and in a day or two ordered him to be slung over the lee side and the bow, to scrape the ship's side. This was done when we were at sea, and sailing from seven to eight knots an hour. The steward was very ill in a day or two after we left Singapore. The captain stopped the steward's allowance of meat, bread, and food of any kind, and treated him with great cruelty from that time until one morning When he had him dragged over the windlass end, and had him flogged with a stocking full of sand, and afterwards washed the wounds with salt water. I saw the man flogged upon the naked back and posteriors, and the wounds were Washed with brine and pickle. The man was gradually getting worse, and was ill-used by the mate as well as the captain and the black fellows. He had an allowance from the ship ; he had nothing but what he got from the crew. I saw the captain kick him and knock him down on the deck. I saw the man about a fortnight since, when we were at sea. He was lying under the boat upon deck. The captain came up and took a capstan bar, which he forced down the man's trowsers, between the waist band and his belly, and pounded him downwards ; he then raised him up and let him fall. The man cried helplesaly ; he was crazy, and talked wildly. I saw him about sixteen hours afterwards; he looked like a starved man, and was, I think, endeavour ing to get to the ship's bow, but he fell at the foremast. I went and lifted him up, and he died in my arms, Mr, BALLANTINE desired the witness to mention any particular instance of severity exercised by the captain. The witness reflected a few moments, and then said, " I recollect one day that the captain ordered the steward should eat fourteen biscuits. He had not had any thing for three days before. He ate about seven, when the captain compelled him to eat some chalk, and had him started (flogged) round the deck three times, and then compelled him to go up the royal yard. Mr. BALLANTINE asked the witness if he had ever quarrelled with the captain ? Witness—No, Sir ; I never had a quarrel with Captain Bragge. Mr. BALLANTINE next pointed out to him the se. riot's obligation which an oath imposed on him, not only here, hut hereafter, He had pledged himself solemnly to the Almighty God to speak the truth, and he begged him to speak the truth, and nothing else, because the charge against the prisoner was one of a most serious nature. Witness--I know what 1 was sworn to do, and I have spoken nothing but what I sae(, Mr. BALLANTINE.—Was the deceased ever seized tip to *the gangway upon any of the times when you saw him flogged ? WitnessNo, never, He was thrown over the windlass ' and the Captain once held him over by holding his head while the black fellows flogged him. I have seen him flogged by the boatswain and the mate. The deceased never had any peace night or day. Mr. BALLANTINE—Was the man in his senses at Singapore ? Witness—Yes, Sir, he was; he be came crazy a few days before his death, Mr. BALLANTINE minutely crosssexamined the witness for a emicierable period, but he persevered in his statement, adding, that he was afraid to in- terfere. The deceased could not perform a seaman's duty LIVERPOOL. MONDAY, Juxs 29.--High water 46 minutes past nine o'clock.—Wind N.N.W.—Arrived the Agnes, Rae, from Rigs ; Aleg Merrities, Pegg, from Africa ; liygeia, Lucy, from St. Petershurgh ; Active, —, from Dant zic; Alexander, Inleff, from St. Petersburgh ; Commertz, —, from Hapsal ; Syrene, Fitch, from Memel ; Neptune, Becker, from Dantzic ; Caroline Frederika, ----, from Dantzic; St. Alexey, Wolfe, horn St. Peters burgh ; St. Harlempy, Ohrt, from ditto ; Maria, —., from ?Mau ; Hastings ? ? from Strangford ; Hebe, from Killough. Passed Holyhead, inward bound, the Levant Star, from Maranham. Passed outward-bound, the Dalhousie Castle ani Go vernor Douglas. , There were six or seven black men on board. In . ! witness's opinion the deceased's death was occa -0 W r9orted that Mr. STONE, the master sliipwright of Deptford Dock-rad, will g 9 to Chatham, . 1 'sinned by starvation and ill-usage. and that Mr. KEDDELL, the present clerk of the cheque, I The prisoner said that the statement was false will be made timber and store-receiver; the establishment his men had plenty of bread and other provisions. will then be reduced to a storekeeper, a timber and store- Mr.BALLANTINE—The witness swears you flogged receiver, and one master shipwright's assistant. These the deceased with great cruelty. Prisoner—l never alterations awe eT.,7ected to take place forthwith, and, in laid a hand upon him . order to facilitate `them, the frames of two gun-brigs, cut Mr. BALLANTINE (to Murray)—Now, upon the out at Deptford, and' lying there in readiness to be set up, solenin oath you have taken ; did you ever see the are to be taken to Woolwich' yard. ' There are also three prisoner flog the deceased 2 Witness-Yes, four vessel.? building in Deptford yard—the Woicester; a frigate times, so 'help Me God. Of the largest class ; the .igtna bomb; aed a sloop. The Prisoner:- 7 lt is false, wholly false. two latter are to be launched with all possible despatch, Witness-4)11 no, Captain Bragge, there is tent a when all hands will be put upon the Worcester. Thzy will be all taken to Woolwich to be Wed.—Kent and word of a lie in it, Essex Mercury. i Mr. BALLANTINE—You say the deceased steward UNION-HALL Yesterday a respectable-looking man, about forty years of age, named James Hughes, late clerk in the employ of Mr. John Gostling, of Highbury-house, Islington, was brought up in custody. The charge alleged against the accused in the night-constable's book, into whose custody he was given, stands thus For having forged an order, purporting to be in the hand-writing of Mr. John Gostling, directed to Messrs. Browning and Co., timber-merchants, for the delivery of a quantity of Memel planks." There was another charge of a similar nature alleged against the prisoner, in which it appeared he had sent an other fictitious order, purporting to be from his late employer, to Messrs. Maltby's, by which means he obtained 15 pigs of lead. The following evidence was taken against the accused :—Henry Dearlove, clerk to Messrs. Brown ing and Co., timber-merchants of the Commercial , road, Lambeth, stated that on Monday a man named Redbun came to his employers, and delivered the two orders produced, which were directed to the firm, and were to the following effect : " Please load the bearer's waggon with as many Memel planks as he can take; let them be as near 20 feet long as you have them ; he will call again, when lie will load with what he cannot take now, being 100 in all, as I shall re quire different quantities for my estate at Hamel!. Please enter my Hanwell aecount separate from the Highbury." (Signed) " JOHN GOSTLING." The next order was as follows : "Please despatch the bearer as quick as you can, as he has to go into the country, besides waiting to take in some trifling articles, after he has loaded with the timber. The lot you showed me the other day I think are pretty good, and as they are for a particular purpose, you will please be particular in the selection. Those of 19 feet long will do if you have not 20." The witness said, in consequence of the above orders, be caused fifty planks, three incites thick, nineteen feet long, and twelve inches wide, to be placed in the cart Redbun brought to the wharf. Redburn, the witness alluded to, stated that on Monday morning while with his cart on the stand in Thames-street, at ten o'clock, the prisoner came up and gave him the orders produced, desiring him to take them to Messrs. Browning, the timber-mer chants, and bring away fifty planks out of the one hundred he had ordered, and to meet him at the City-road-bridge. Witness went agreeably to the instructions, and received from Messrs. Browning's clerk the number of planks mentioned on production of the order. The witness having loaded his cart, then drove off to the City-road-bridge, where the prisoner was waiting, who directed him to drive down Charles -street, and unload at a factory in that street, which was accordingly done. Afterwards the prisoner told witness to meet him the next day, at ten o'clock, in Finsbury-square, adding that he would then pay for the cartage. The witness did meet the prisoner according to his wish, at the time and place above mentioned, when the latter was apprehended. Mr, Gostling stated, that neither of the orders produced were written by him, although they bore a striking similarity to his hand-writing. The_ risoner had lived with him as clerk, but he had nev l'autho rized him to writ e suc h orders as those pre u ed: The magistrate, in committing the prisoner on the above evidence, told the complainant that in the event of any technical informality in the indictment on the trial of this case, upon which the accused might be acquitted, a detainer might be. lodged against him for the other charges which might be alleged against him. A fiery-tempered woman, named Amos, was re manded on a charge of having fractured the skull of another female with a blow of a broom-handle. The wounded woman now lies in a dangerous statein the hospital, and her recovery is deemed doubtful. ----- - LAW INTELLIGENCE. ROLLS COURT, JUNE 30. BEAUVOIR V. SIMPSON. This was a bill to compel the defendant to fulfil a contract into which he had entered for the puccbase of a certain property. It appeared from the statements of Mr. BICKER•' STET!! (the plaintiff's counsel), that in 1818 Dr. Beauvoir purchased a property, the adept' which was examined by the defendant, who is a solicitor, or by his partners. The defendant also advised the purchase. Dr. Beauvoir died, and his widow (the present plaintiff) became desirous of disposing of the property, which in 1828 the defendant- agreed to purchase for a sum of 4,5001. The defendant paid. 5001. of the purchase-money, but shortly after wards, having discovered a defect in the title, he declined fulfilling his engagement, and refused to complete the purchase. On the part of the defendant, it was urged by Mr. PEPYS, that his client denied having had any knowledge of the defect in the title at the time when the property was purchased by Dr. Beauvoir. Not withstanding the deeds were examined in the de fendant's office, Mr. Simpson declared that he had no recollection of having personally inspected them oe advised the purchase. This case was clearly out of the general rule. The MASTER of the RoLLs said, there was nothing to relieve the defendant from the due per formance of his engagement. A solicitor was- tot to take advantage of his client's title: but it was not merely that—he must be considered to be well acquainted with the title, and no defect in it could release him from his engagement. With respect to the imperfection of the defendant's recollection, he must be supposed to recollect. Looking at the entire of the present caseithe judgment of the Court was in favour of the plaintiff, with costs. COURT OF KING'S BENCH, Jess SO. EX-PARTE AN INSOLVENT DEBTOR. Mr. COMYN moved for a rule nisi to discharge out of custody a person who had been arrested on an affidavit for 2,000/. and upwards in respect of a judgment debt of 3,0001. The ground of the mo tion was, that the party had been previously dis charged under the Insolvent Debtors' het.—llule granted. COURT OF COMMON PLEAS, JUNB 30. KEMBLE V. FARREN. The argument in this case was resumed to-day. The question was, whether the sum of 1,0004 which it was agreed between the parties should be taken to be the amount of the damages to be paid by either party committing a breach of the agreement, was to be considered as liquidated damages, or in the nature of a penalty. Mr. Sergeant SPANKIE argued, that where the parties contracted to do some one given thing,which was called an individual contract,• the sum mightle taken to be liquidated damages; but where it -was intended to enforce the performance of each and every of divers obligations, or to secure the par , ment of a smaller slum of money, then it was to be taken to be a penalty. Such was the result of the cases decided on this subject. Mr. Sergeant WILDE on the other side, sub mitted, that it was clearly the - intention of the parties that the sum of 1,0001. should be paid se the amount of the damages for such a breach of the agreement as had here taken place; and that there fore the rule for increasing the damage: wain amount should be made absolute. The LORD CHIEF JUSTICE., after the Jude* had conferred for a short time, observed that as this. was a point of considerable nicety, 'aid awe. were a good many roses en the Subject, the Court would take a short time to consider of it, and exandria - the cases. BIRTHS. On the 28th ult. Mrs. George Fenning, of a daughter. On the 22d ult. at Hatfield, the lady of the Rev— B. Pelle, of a daughter. MARRIED. On the 25th ult. at the Holy Trinity, York, John, the eldest son of Benjamin Agar, Esq.. Brockfifid-honie, to Harriett Maria, the eldest daughter of Thos.. Swaim, Esq., of the former place. On the 30th ult. at Hackney, F. P. Robinson, Esq., surgeon, to Jane Wood Robinson, only daughter of• the late W. Robinson, Esq. London.. On the 30th ult. at Marylebone, Robt.:l%, Glyn, BIN., second son of Sir R. C. Glyn, Bart. ofl2taun vh ViOrtet i . to Frederica Elizabeth, third daughter of the to Henry Hanford, Esq. of Down-place, Berks. At St. Vincent's, May 2, J. Primrose, Esq.- son.of the Rev. Dr. Primrose, Minister of Preston-pans, t, &itir., daughter of the late Isaac Arriudell, Esq. of Elequik an& sister to the Hon. R. Arrindell, one of the Membecir.of the Council for that colony. On the 30th ult. at Marylehone, James Archer Esq. of Soltarn, Cambridgeshire, to Mary Ann Goodenongh Prickett, niece of James Stuart, Esq. of Edward-street, Portman-square. DIED. On the 29th ult. at his son's residence, Blackheath, J. Green, Esq. of Hull. On the 28th ult. in Burlington -street, Mrs. Campbell, widow of Col. Campbell,,Governor of Bermuda, formerly Sub-Preceptress, and afterwards Woman of the Bedcham ber to the Princess Charlotte. On the 29th inst. in Nottingham-place, aged 76, Mrs. On the 29th ult. at Lambeth, John Gretton, Esq. aged 95. On the 29th ult. in Harley-street, Caroline, youngest daughter of R. Gosling, Esq. On the 29th ult. at Pentonville, Mr. Dew, sea. i n the 79th year of his age. On the 27th ult. at Drumcondra-house, near Dublin, Sophia, wife of W. S. Hamilton, Esq. On the 26th inst. at Brynllywarch, Montgomeryshire, Mrs. Pugh, aged 38. On the 24th inst. in Alpha place, Regent's-park, Mr. W. Dexter, aged 31. On the 27th inst. Hannah, the wife of 3. B. Bylea, Esq. of the Inner Temple. On the 26th inst. aged 72, George Jubb, Esq. of Lower Clapton. At Ravensdale Park, county Louth, the Viscount Cler mont. His Lordship succeeded his uncle, who was Earl of Clermont, in the Barony and Viscounty, in September, 1806. The Viscount dying without an heir, both titles become extinet. On the 9th inst. at Gibraltar, George Brackenhury Harding, only child of Lieutenant-Colonel Harding, of the Royal Engineers . At Outscamunil, Madras, Major G. Ogilvie, 17th Regt. Native Infantry. On the 25th inst. at Rickmansworth, Samuel Salter, Esq • aged '76. At the Poor House In the village of Middlebury, last Friday, GEORGE SPARROW, an Englishman, aged about forty-six. This unfortunate individual was, by his own confession, one of Tnismxwoon's coadjutors, engaged in what was called the " Cato - street Conspiracy," which was matured in London some twelve years since, and had for its object the murder of the Tritish Ministry. The plot, as understood from the public prints of the time, went only to assassinate the ' King's Ministers while at dinner at the Earl of HAR ROWBT'S, and thus obtain a reform in the Parliament ; but according to SPARROW'S account, other and wide spread mischiefs were contemplated by the conspirators. Several of the traitors were arrested at a stable in Cato street (which This their uniform place of meeting), and executed. Gxaacß, with two or three others, narrowly escaped on board of a ship, and reached Quebec. At that place rewards were soon offered for them; but Groans saved himself by coming into the States. He has lingered out a miserable life here, being much of the time disordered or stnpified by ardent spirits. He was, however, a man of excellent natural powers, possessed a singular retentive memory, and had .an almost inex haustible fund of information.—Froth the. Middlebury i( Vt.) Paper. , PRINTED and PORLISHED by MURDO YOUNG, at the OFFICE, 112 a STRAND, LONDON. • - 1