The Sun. — London, England, 1837-07-05 00:00:00

I PRICES OF 6'l oClis . 1 his DAY Al oNE o'ci.,,c 1,. Bank Stock. • d 3 per Cent. Cons 22 3 14 , Inaba S toc k 3 per Cent. Re 91 1 / 4 907 t 1!•i Ditto Bonds — 34 36 pin. 1 South Sea Stock ......... .-.....— 3v. per Cent ---Old Annnitics ..... ...... ...... Ditto Red New 3% per Cent ... . 98!•i IA 5 1i ' New Ditto — 3 per Cent. Annuities, 1751.- ?; New 5 per Cent.— ............ ....• 1 Exch. Bills, Zl,OOO Bank LougAnnultlcstoexpire Jan 5, 1860 s' Oct. 10, 1859 Jan. 5, ;860 Jan. 5, 1580 Ditto s II 9-16},, 'Ditto Small 5OO Ditto Commercial IT.tto Advertise ' ll 34 pm. 32 31 pm. 32 34 pm. pm. Pm 'Bank Stock for Acc0unt.........Acc0unt......... - April 5, 1880 ...... ..... ...... .. India Stock for Account... Jan. 5, 1870 Omni= Consols for Acconnt pm. 92% % PHICES OF FOREIGN FUNDS THIS DAY AT ONE O'CLOCK. - Austrian Bonds , Peruvian Bonds .... ........... .... 21 1 Belgian Bonds.. —, Ditto Account ....... ..... ...... Ditto Account.... ......... Brazilian Rcnds ........... ........ Ditto Account — D u itto A ccont ..-.. ....... .. Ditto New Bonds 44% 4 Buen A y os res Bonds . . .. ... ...... —; Ditto, P per cent. Ditto Account ........ ..... . ... Ditto Account — Ohillizn 80nd5.............-- intssiaii Bonds.. ...... . ....... -- —___ Ditto Account .......«-«....—' Russian Bonds, 182 2 ......--• Columbian BOnds ................ --' Ditto Account .... ~ Ditto Accouthl. I L , Columbian Bonds, :KZ 1 22 Ditto Metallic 24 3!4 Spanish Bone - k...z. Ditto Account ' 3 •1 1 ,i % , Ditto Account 2; Ti 2 D inish Bonds , - Ditto Account Greek 80n015,,,,,. ....... , ....... _' French, ~,,, Ditto Bonds, 1825 " --- 4 per cent '7' Ditto Account ........... ... _______- "' Mexican Boni.s, 5 per ci.n . t . ..... Ditto Account . Ditto, lii per cent...„... - — Ditto Account... 1 Neapolitan.... ' Ditto Bonds. 182 4 5 per cell-- ..... —f .__........... 31 r cent. —C. —e, ..-t. ...., _ • D u tch, 2% per cont. ...... ..... 52 ii, •• ••... ..... ..•..•• Ex 'e changc Ditto Account ' Ditto, 5 per cent Ditto Account • 9IN _ 1 PRICES OF SiIARES THIS DAY AT ONE O'CLOCK. Paid. Per Sh are Birmingham and Gloucester Railway Company 11 !Dublin and Kilkenny Railway Company 2qi eN Great Western Railway Company 45 57 4•j 5 Brighton Railway company (Stevenson's) 5 3 Brighton (Gibbs') Railway 1 0% Brighton (Rennie's) London and Greenwich :;ailway Company ...... London and Southampton Railway Company 4l 25 4 WManchester and Birmingham Rail way 5 534 5 orth Midland Railway Company l5 17% !South Brighton, Lewes, and Newhaven Railway '2 13 1 Australasia Bank 4l 53 1 1 T t s o t er a ria tiT, h C t OUIISE OF EXC. 11 ,1 C.F l2 634 12 4 iottcrdam 'U. 12 6t i 4 kntwerp... - lam6urg. %Rona Paris, 3 days' sight 25 70 Oitto 3 Ms. Marseilles. Sourdeaux M.B 1 5 4 0 26 26 20 Frankfort OR Maine, Ex. M. 154 Peterstruigh, ruble 3 Us. 10 Berlin vlenna, effective A "MlO 21 1 rrieste ..... .ditto lO 23 Madrid 13!4 i Cadiz.... IRilboa .... l4 ' 3arcelons l4 - .Seville '34 A NGE YESTERDAY. Gihraltar 4B Leghorn Germ?. 'X 35 Milan it Venice J7 I Naples 2S Palermo per 02. 115 Lisbon 5O Oporto 50Si Rio Janeiro... ' Bahia Buenos Ayres ........ -- Dublin, 21 days' sight ..........•• • Cork PRICE OF 9E1.1.10N, PER OZ. Portugal f4old, coin ..1:0 0 Foreign Geld, in bars 3 17 9 New Does'oons New ........... 0 4 Silver, ham standard 0 4 11.4: MAILS. , Arrived. Due Arrived. Due. Arrived. Due 0 Ainerica.......... 0 1 France 0 0 Listion ...... ...... 1 n 14razi1............ 0 0 Gliermes Jersey 0 0 Malta 0 Illienns Ayres.. 0 0 Hamburg 0 0 Mexico 0 0 C trtha rena .. 0 0 0 Holland ...... .... 0 0 Ostend 1 Dalllin... •• 0 0 0 Jamaica ..... ..... 0 0 Sweden . . 0 Fiandeo rs ...... ... 0 0 L eewar d I s l an d s 0 I Waterford MOH WATEIt AT LONDON BRIDGE TOMORROW. furring minutes after 4. 1 Evening...... 29 minutes after 4 - - - - Just published, in 2 vols., with Portraits, price 21s. cloth, THE LETTERS OF CHARLES LAMB. With a Sketch of his Life. By Mr. SEFCJEARi r iI , IIIfOIifID, 31. P. Edward Maxon, Dover-street. EDITED BY THEODORE HOOK, Esq. poLBuRN'S NEW MONTHLY ‘-f AIAGAZINE AND HUMOURIST, The JULY NUMBER is embellished with a Fine LIKENESS of HIS LATE MAJESTY; Accompanied by a Memoi r , an d contains the C on ti nuat i on o f TE GURNEY PAPERS, by the EDITOR, And the following Articles by other Distinguished Writers : Confessions of Ralph Restless. Lines. By Leigh Hunt, Esq. By Captain Marryat. The Phantom Ship. By Captain Subjects feel. Pictures. By Miss Marryat. Landon. High Connections. Pleasures of Relationship. The Inconsolablcs. By Laman Patty Larkspur's Watch. By Blanchard, Esq. Douglas Jerrold, Esq. A Case of Furious Driving. By Ride in the Great Western Alfred Crowquill. Jungle. By an Old Forest Mr. Cabooze. Ranger. Recollections of Grimaldi. The Poetry of Early Rising. By A Special Ev.ming in the Life of the Author of " Glances at a Musical Amateur. Life." Ragamuffirts,British and Foreign. &c. &c. Henn Colburn, Publisher, I Great Marlborough-street. the publication of THE SUN N at 50 minutes pas; ;EWSPAPER commcnced this day t Three o' Clock. .C- 4 +z;~T ` ~,~ ~~ ~~ ( 7,O I)V AY T LONDON, WEDNESDAY EVENING, JULY 5, 1837. ' In the H ouse o f L or d s yesterday it will be seen that amongst several other Bills which were brought up from the Cominons vas the Imprisonment for Debt Bill. The Bills also intro 'wed by Lord Joinv RUSSELL for the amelioration of the Cri minal Law were severally read a second time, and ordered to e committed on Monday. In the House of Commons, Mr. MAXWELL'S motion for an uldress to the Crown, to appoint a Committee of Inquiry into the state of distress existing amongst the hand-loom weavers, vas carried by a majority of 5 in a House of 101 Members. On the motion of Lord JOHN RUSSELL, the Punishment for Death Bill was reported, and the Parliamentary Electors Bill was read a third time and passed. A great many other Bills !hat stood on the Order paper were advanced a stage. The - lackney C arr i ages ( M etropolis) Bill, which stood for Corn nittee, was withdrawn. The sitting was very short, the House having adjourned before eight o'clock. The second reading of the Forgery Bill gave rise to little discussion last night in the House of Lords. IThis is the - first of a series of Bills, the object of which is to humanize our apparently cruel and bloody criminal law. We say apparently, because it is well Iknown that the theoretical terrors of our criminal code Tare greatly mitigated, if not altogether nullified in practice. Hence, in fact, arises the necessity for the proposed amendment. It is because it has been found impossible to carry the law as it stands on the statute hook into effect, that it becomes the duty of the Legis lature so to alter it as to make its enactments conso nant with the claims of reason and justice, as well as with the feelings of those on whom its administration lerolves. Hardly a criminal trial now takes place in which we do not see the Judge and the Jury striving 1 13 r every possible means to evade the duty which he law has imposed upon them—setting at defiance sanctions which, in other cases, are held sacred, and the breach of which would be con sidered infamous, and yielding to the impulse implanted !.)3, nature in the heart of every man, which tells him, In dealing with the life and liberty of his fellow-man, to " do justice," but to " love mercy" at the same time. The great evil of this conspiracy—as we may call it —against the law in its present state, is, that it is almost wholly inoperative. Where the penalties extend to the life of the criminal, there can never be found a prosecutor, except in cases of murder ; and even where transportation for life is the punishment, there is, in many cases, the greatest reluctance to become the in strument of inflicting it. Thi s h umane f ee li ng is taken advantage of by those who speculate in crime, and thus the severity of the law becomes the encourager of Then, again, the uncertainty of punishment acts in 'th e same way. It not only leaves the culprit a great lumber of chances of escape, (which in his estimation mount to a certainty), but it brings the law, and hose solemnities with which it has been wisely nvested, into disropute with the well-disposed, and into utter contempt with the vicious. Can there be nogge ater— we h ad almost said a more profane— Y , r than f or a Judge, sitting on the bench of justice, surrounded with all the insignia of his sacred :Ace, to go through the awful ceremony of putting '3ll the black cap, and pronouncing sentence of death a man, when every one present knows that he is not in earnest ; that all this is a mere make-believe, which can have no other earthly effect but to make !the guilty laugh at, and others despise, the laws. It is a subject of rejoicing that the commencement ;of a new reign—of a virgin reign —is to be signalised !)y the amendment of laws so cruel in their principle, !and so demoralising in their practical effects, though w e are quite of Lord BROUGHAM'S opinion, that the Reform ought to have been carried much farther. We may now congratulate the public that the Ication s o o f ten ma d e to P ar li ament , f or t h row i ng open !all the depositories of public monuments and exhibi itions of the fine arts in national buildings, is in a fair ray of being speedily carried into effect. Fortunately this has not been made a party question lately as on .'ortner occasions, when the High Church party ob jected to the gratuitous admission b of the public to our inational temples, on the eround that it would interfere !with certain privileges Of the Deans and Chapters. When the subject was brought forward last week in !the Loids no objection was made to it by any Bishop Billnitifircutssim; or Peer, and in the Commons Sir R. INGLIS was the only Member who seemed to doubt the propriety of placing St. Paul's and Westminster Abb e y o n th e same footing with the National Gallery and other public buildings. That, however, was to be expected of the Honourable Baronet. He is ex officio the the Guardian of the interests of the Church, and he would never be forgiven by the men of Oxford if he remained silent when a proposition was made to do away with fees, to which even the Clergy had no just claims. But with that exception the feeling was ge neial, and as a proof of this the deputation that wait ed on Lord MELBOURNE and Lord J. RUSSELL, yesterday on the subject, was composed of men of all partics. Tory, Whig, and Radical agree as to the expediency of allowing the public to see those works of art purchased at their expense, and those monuments erected by them in honour of the men who fought and died for their country. The QUEEN, as might have been supposed, approves of the measure, and in all probability the act of throwing open these public buildings will be among the first to distinguish her reign. GEORGE IV. was said to have had the merit of making St. James's Park a public walk ; and certainly there was no one act of his life for which the inhabitants of the metropolis were, or ought to have been, so grateful. We observe that the case of the British claimants for the loss of their ships and goods in ammark stands in the list of Motions in the House of Com monslor to-morrow. Whether Mr. CLAY will think it advisable to press it to a division so near the close of the Session, and on the ere of a dissolution, will no doubt depend on the judgment of the Hon. Member, and on that of the supporters of this just cause. We must however say that it is not, even now, too late for the present House of Commons to do something for these greatly injured persons. We regret exceed ingly that the present Government should have taken so erroneous a view of the subject, as to make a distinction between the several classes of claimants, refusing to indemnify this class, and grant ing relief to the two other classes who suffered at the same time by the confiscation of book debts and goods on shore. It appears to us that a stronger case than the present was never made out. Indeed, we cannot comprehend how the CH ANCELLOR of the EXCHEQUER can recommend the voting sums of money to Canadians for losses stated to be sustained by them in 1813 and 1814 in the then war with America, or why the people of Great Britain are to compensate such losses, while every possible step seems to be taken to impede the just compensation of British merchants, in a case where the Public Treasury received long since ample funds arising from the proceeds of Danish property, in retaliation for a confiscation of which the property of the present claimants was seized by the Danish Government. The Paris Journals of Monday, the whole of which we have received, confirm the news of the unanimous acquittal of General DE RIGNY by the Court-martial held at Marseilles. The principal witness against him was M. NAPOLEON BERTRAND, Marshal CLAUSEL'S aide-de-camp, and Captain in the Saphis of Oran, who deposed that on proceeding with orders from the Marshal to the General, he was met by that officer riding alone and at full gallop ; and that when he wished to communicate the orders he had received, General DE RIGNY cried out—" You had better hear mine first. My rear-guard is completely lost— the enemy have just cut off the heads of two hundred cf my men. Disorder is at its height —my right flank is threatened by a column of Arabs of considerable strength marching in good order, and only waiting a favourable opportunity to cut us off. I even now hear the Bev's music. The Marshal's con duct is both shameful and dishonourable. He does not care a -curse for his rear, provided he can save his van. We have only one chance left— to abandon our materiel, and retreat in the best way we can. My cavalry is in complete disorder, and it is impossible for me to come up with it. ACIIM ET alone knows how to carry on the war." M. BERTRAND further deposed that these expressions were pronounced in a loud and shrieking voice in the presence of men, the most of whom were either sick or wounded ; that a panic might have been the consequence, but that fortunately the men all remained calmly at their posts ; that having reported th e l anguage h e ld b y G eri . D E HIGNY to Marshal CLAUSE', the latter prepared a General Order to be read the next morning at the head of every comp an y, th an ki ng t h e men for iheir gallant conduct, and apprising them of the cowardice and dis grace of DE RIGNY ; that a copy of the Order hav ing been sent to General DE RIGNY, he rode to the Marshal's tent about 9 o'clock in the evening, and that, throwing himself on his knees, he implored the Marshal, in accents of despair, either to prevent the reading of the Order, or to command him to he shot, as he could not survive the disgrace of his family ; that the Marshal was prevailed upon by the Gene ral's abject entreaties on his knees to direct the can celling of the order, so thatithe General was only de prived of his command. MBERTR A ND'S evidence was not corroborated by any other witness, and in the course of his cross-examination he completely lost his temper, and by the discrepancy between his answers convinced the Court that his testimony was not to be relied upon. General DE RIG NY who stated that he was born at Toul, and that he was in the forty-seventh year of his age,declared that what M.BERTRA ND had sworn was false and calumnious. When he was met. by BERTRAND he was riding to overtake the Mashal to remonstrate with him on the cruelty of leading the rear-guard of the army so much exposed to the ene my, and particularly on no t p rov idi ng f or t h e remova l of the sick and wounded, who were suffered to be butchered by the Arabs within sight of the French lines. In the first burst of his indignation he had employed expressions which he was. not prepared to defend as strictly in accordance with the rules of military disci pline ; but he trusted due allowance would be made for the feelings of a General Officer who had but the instant before witnessed the butchery in cold blood of his wounded companions in arms. After three days' patient investigation, in the course of which the de positions of witnesses taken at Paris, Algiers, Bona, and Oran were read, the Court unanimously pronounced General DE RIGNY innocent of all the charges pre ferred against There is very little news of any moment in the Pa ris Papers of Monday. From Spain the Government received the following official communication by tele graph:— " NARBONNE, JULY 3, " PERPIGNAN, JULY, 2. —Don Carlos, continuing his counter-march with his Navarrese on the 26th of June, passed by Anglesola, near Tarraga, towards Fax, intending to cross the Ebro and join Cabrera. " On the 27th of Arne the Baron de Meer left Martorell for Igualada with his army. " The Brigadier Owrio, having furnished Berga with sup plies, returned to Puycerda on the Ist of July. The PRETENDER has again outwitted and out manceuvred DE MEER. Once more the march of the Carlists is towards the Ebro. The approach to Bar celona was meant as a feint, and it succeeded. The following brief extracts from the French papers contain the only news which we find in them worth communicating : It is announced that the Ministry has resolved on under taking the expedition - against Constantine, and that it will take place in the month of August. It is not easy to recon cile this news with the policy which has desired and approved the treaty made by General Bugeaud. A letter from Algiers, dated June 24. addressed to the Eclaireur of Toulon, has the following paragraph :—" The treaty concluded by General Bugeaud has been accepted by the King. It was p u bli s h e d a t Algiers, Yesterday, the 23d. The last numbe r rece i ve d o f th e AlgerineMonitcur was of the 23d, but it only contains tha news of the 22d."—Lc Cunsti. tutionnel. Our Correspondent at Bayonne transmits to us the follow ing accounts; received (as he says) from the head-quarters of Don Carlos, and dated the 22d : " A general junta of the Carlist Chiefs was to.meet on the 24th, convoked by Don Carlos, to come to a decision on the course to be followed. It seems that the insubordination of the Navarresc, caused by the want of provisions and the want of discipline among the Catalonian troops, were the causes of the check sustained on the POI, which cost the expedition 1,500 men killed and rounded, 200 prisoners, and almost as many deserters, including those who have quitted the ranks, without going over to the enemy. It is said that the move ments of Tristany in the vicinity of Barcelona were for the purpose of receiving 10,000 muskets, which were to be landed on the coast, and to meet th e bringers of these arms half way." If we may believe private letters from London, Lord Dur ham speaks with enthusiasm of the reception which they gave him. This fact is not without importance, if we reflect on the TILE SUN, LONDON, WEDNESDAY, JULY 5, P 97 01 tne Absolute Power, r. specting► the sun ui 1,110 whom oar Lezitimist journals call merely Bernadotte, as they they call the Prince Royal Duke of Chartres.—Le Commerce FRENCH FUNDS -Putts, Arty 1. Five per Cents., 110 f. 100 f. 95c. 110 f. lee. 20c. Four and a Helper Cents. 101 E 60c, Four per Cent., 1001. ICc. 100 f. 1 hr, per Cents., 721. 95c. 791. Rank Actions, 2,387 f. 50c. 2,405 f. 2,410 f. Rentc de Naples, 97f. 4: c. 40c. 45c. Roman Five per Cents., 101 Spanish Actives, 24 23 7 4 21. Spanish Passives, 5304. Belgian 1.03 n, Five per Cents, 102. Belgian Bank, 1,410 f. Portuguese Loan, Three per Cents, 17%6. Haytian Loan, 295 f. 300 f. EXCHANOIR ON LONDON. One month, paper, -c. -c.; money, 25C 47%c. Three months, paper, -1. -c. ; money, 25f. 27y4c. -fours Authentioue. LAST PRICES. Five per Cents., 1101. 45c. Three per Cents. 791. 25c. Bank Actions, 2,410 f. Roman Five per Cents., 101 34. Belgian Loan, 102. Belgian Bank, 1,410 f. Portuguese Three per Cents., 27%. Spanish Actives, 24. Spanish Passives 5%. QUEEN'S BENCH.-(THIS DAY.) (Before Lord DENMAN and a Special Jury.) DAY V. WHITTAKER AND ANOTHER—PIRACY. Sir WM. FOLLETT (with whom was Mr. BAILLY) stated the case. The action was brought by Mr. C. W. Day, an artist, and the author of a work entitled " Hints on Etiquette," against the defendants, Whittaker and Co., for exposing for sale a work entitled " The Science of Etiquette," which the plaintiff alleged was copied from his work. The sole question the Jury would have to try in the present case would be, whether the work entitled " The Science of Etiquette" was a piracy upon the work called " Hints on Etiquette." The latter work had been published by Longman and Co. in the year 1834, and since then it had gone through not less than twelve editions, and 12,000 copies bad been sold at 2s. 6d. each, and a considerable profit had been made. A statement had been made shortly after Lord Chesterfield's letters were published, that one could not go into a shop without finding the shopman or shopwoman reading them, and that every clerk, the moment he l e ft hi s desk, took it up. He ( Sir W. Follett) knew not whether the readers of the " Hints on Etiquette" were of the same class, but it was certain that it was very extensively read and its sale had been very profitable. The question then was, whether the persons who had employed Whittaker and Co. had attempted, under colour of making another book, to copy the plaintiff's work— whether they had attempted to avail themselves of the labours of the plaintiff, and endeavour to get into the market at an under price, and thereby injure the sale of the plaintiff's work? They had endeavoured by selling at a cheaper rate to obtain a circulation for the spurious work at the expense of the plain tiff. The defendants had pleaded first that they had not pirated the work ; and, secondly, that Mr. Day was not the author of the " Hints on Etiquette." Now he ( Sir W. Fol lett) would show that Mr. Day was a person of considerable acquirements ; that he had travelled a good deal, and that in the year 1832 he was in the north of England, and on one occasion some discussion having taken place relative to the manners and usages of society, Mr. Day turned his thoughts to the subject, and in consequence wrote first a small werk, which was published by Mr. Craig, a bookseller of Hull. That work had a great deal of circulation there. Mr. Day afterwards came to London, and obtained from a gentleman of his acquaintance a manuscript written by a lady of rank, and that, with several additions made by Mr. Day himself, was then published under the title of " Hints on Eti quette," and upon that work a eoasiderable profit was made. An agreement was subsequently entered into between the plaintiff and Messrs. Longman and Co., the publishers, on the 18th October, 1836, by which they agreed to publish the " Hints on Etiquette," and after deducting all expenses cf publication, the profits arising from the sale should be divided into two equal parts—one to be given to the author and the other to Messrs. Longman and Co. Under that agreement, the plaintiff was entitled to one-half the profits, which amounted to a considerable sum, and that book being so pubiished, and having that large sale, certain publishers in Glasgow, named Reid and Co., thought it wouid be a good specuLtion to make a profit of, and they accordingly published a work called the " Science of Etiquette," which they sold at Is., being much cheaper than the plaintiff's work, which was sold fur 2i. 6'.1. Now it was obvious that if the two publications were similar, the sale of the plaintiff's works must be injured, and he would be thereby prevented from making that profit he otherwise would receive. The jury would first obser% e the form of the work and manner in which it was printed; they had endeavoured as far as in them lay to deceive the public by representing it as the same work. The plaintiff's was entitled " flints on Etiquette, and the Usages of Society, by Agogos," the mean ing of which he (Sir NV. Follet.) did nut exactly understand, and he knew not whether the Learned Judge could assist him. Lord DENMAN—No ono ought to know better than Sir W. Follett. Sir W. FOLLET r knew that it was a Greek word, but he had really forgotten to ask its meaning.—( A laugh. ) Lord Das MAN—I take it to signify 44 Leader." Sir W. FOLLETT—Thy motto was, " Manners make the man. " The defendants called their work " The Science of Etiquette," and they assumed also a Greek word of which he was also ignorant, " by Astyos." The plaintiff took the motto of the Winchester school, and the defendants following his ex ..•mple took that of Eten—"Eniollit mores,nec sinit esse feros." The Learned Counsel here proceeded to point out the arrange ment of the woe: into introduction, chapters on visiting, dress, d meing, fashion, and all of which were copied in the arrangement of the defendant's work ; in fact they had taken its arrangement as closely as possible. Then as to the mat ter, the Jury would find that in several passages it was copied almost word for word. The Learned Coons •1 here read a variety of passages to show that the one work had been copied ° from the other. I t was unnecessary to go further to show the similarity, and he w ou ld not t h ere f ore detain them by showin,, that both works had hit u p on t h e a d v i ce that peas mi g h t b 2 eaten with a desert s,oou"--,,-(Great laughter), —a n d that bread for the dinner table shout l he cut in cubes of one and half inches thick._( Mitch laughter), —or that in going do s airs you should gi ve l a di es t h e wall ; but to show the com wn plete identity of the two he should read to them an advertise ment published in Tait's Edinburgh Magazine, as follows : e• This day is published, The S c i ence of Etiquette. The work contains a careful di ges t o f t h e ru l e: of good conduct in polite society, and emb races every maxim essent i ally good contained in the book called Hints on Etiquette." Ti le con sequence of that had been that very serious injury had re sulted to the plaintiff; and although the work was of the cha racter described, the property was to the plaintiff a very valu able one. He understood that the defence set .up would be that the subject of etiquette was such, that if two persons sat down to write upon it, the rules were so clear and defined, that they could not avoid writing the very same words. It was quite true that any two persons had a right to write upon the same subject, but no one had a right to adopt the arrangement, the tnoughts, and the very words of another. One of the most valuable copyrights of the day was a work upon Cookery, which had been sold to Mr. Murray by Mrs. Rundell, of Ludgate hill, for a small sum. Now any person might write upon that subject, but no one had a right to take up and copy that work in its arrangement or words. He did not believa that the science of etiquette was more clear or distinct than any other subject, and therefore it could not be said that if two persons wrote upon the subject they should necessarily write the very same words. The two works would be put into the hands of the Jury, and it would he for them to say whether the one was not a copy or imitation of the other. With respect to the authorship he should prove that the work had been originally published by the plaintiff at Hull, and subsequently in Lon don—he should prove the agreement with Messrs. Longman, and then they would have to decide whether or not one was not an imitation of the other. If these facts were established, then the Jury would be entitled to find a verdict for the plaintiff. _ John Craig—l am a bookseller at Hull. I know the plaintiff, Mr. Day. In the year 1834 I saw the plaintiff on the subject of publishing a book for him. He brought me the manuscript which was in his hand-writing. I printed the book, which was called " Hints on Etiquette." The book now handed rne.is a copy of it. I did not purchase the copyright. The work was published on account of Mr. Day, Cross-examined by the ATTORNEY. GENERAL—Part of the motto is " to make a silk purse out of a sow's ear."—( Laugh ter.) Mr. Day is a pertrait-painter, and goes about exercising his profession. He (I'd not tell me whether it was at Hull he acquired his knowledge of etiquette. It was intended as a ca ricature of the inhabitants of Hull. He said the people of Hull were rather rude and barbarous, and that he intended to civilize them.—( Great laughter.) Ile has not seen a Hull merchant pick his teeth with a fork since. 'Witness knows Greek, and understands the motto " Agogos," which signifies leader. The plaintiff gave the motto " a silk purse out of a sow's car." He maid he intended to make the people of Hull more gentlemanly. It had not a great sale ; it was sold at The plaintiff had been several times at Hull. Ile told me ho had been abroad very much. William Longman, examined by the ATTORNEY-GENERAL —I am a partner in the firm of Longman and Co. I be came a partner eight or ten days ago. The firm have an agreement with the plaintiff that they shall share the profits of the publication in question. The ATTORNEY-GENERAL objected to the examination of the witness, inasmuch as he had a direct interest in the result of the trial. Witness—The articles are not yet signed, but there is an understanding that I shall be a partner fie n the 21st of June. I have an interest in every work published by the firm. My father is one of the head partners, and four or five months ago I first spoke about 13:comiag a partner. The articles will be signed in a month or six weeks, but I consider myself a partner. . _ _ • Sir W. FOLLETT contended that there sacs nothing elicited to prevent the witness being examined. The witness was riot a partner, nor could not compel th e exccut i un o f t h e articles of partnership should the firm refuse. The arrangement or understanding was merely prospective whatever it was. The ATTORNEY- GENERAL, for the defendants, submitted that the witness was incompetent. There was an express verbal agreement b;.‘tween himself and his father that he should become a partner from the 21st of June, and f.om thence he was to take an interest in all the works published by the firm. The amount of. the witness's profits, from the 21st of June, would be materially affected by the result of the present trial. Lord DENSSAN was inclined to think the witness had an in terest, but at the same time he thought his evidence might be received ; and the Lord Chancellor, before whom there was a suit pending, would give it its proper weight. He would at the same time take a note of the Attorney-General's objection. The:examination then proceeded.—Witness had seen the plaintiff in December, 1836. Th e manuscr i pt o f t h e work is in plaintiff's handwriting. Some additions and alterations were made by the tirm. 'rue tw cum °thaw, ut the work was now selling, and about 11,000 copies had been sold. It left a very considerable profit.—[The agreement between Longman and Co. was then hand e d to th witness.] First saw the wild( called " The Science of Etiquette" in June, 1836. The matter and arrangement of the work appeared to be same as the work " Hints en Etiquette." Saw an adver tisemcnt in " Tait's Magazine," in November last. Cross-examined by the ATTORNEY-GENERAL.—Mr. Day showed me a printed book when he brought the manuscript. I suggested the omission of " the silk purse." I never heard of the work called " Hints on the Improvement of the Manners and Appearance of both Sexes." I never saw a work called " A System of Etiquette." I know the work called " Instructions on Etiquette, intended for the use of Schools and Young Persons." I have heard of a book called " Prin ciples of Politeness." The Gentleman and Lady's Book of Politeness and Propriety of Deportment," is a book I have never heard of. I know " The Secretary's Assistant," published by Whittaker and Co. I know ".The Laws of Etiquette," it is an American work. I had not seen it before Mr. Day came to me. By Sir WILLI 41i1 FOLLETT --AVC took proceedings in Chan cery against the publisher of the work called " Instructions on Etiquette," and were successful. Rd. Fraukum—l am a surgeon. I have known the plairtiff, Mr. Day, for several years. I saw him in 1834 or 1835, and he then showed me a book he had published at Hull. The book now handed me is the work. The work published in London is the same as the Hull edition, with some additions and enlargements. I assisted the plaintiff with some private manuscript which was in my possession. I have seen the work called " A Science of Etiquette." The matter and arrange ment are very similar. _ _ Cross-esainined by the ATTORNEY- GENERAL—I supplied tl:e passages marked by an asterisk. "Of those passages marked v6th an asterisk the ground-work has been taken from the manuscript note-book of a lady of rank." I supplied that ma nuscript, and authorized him to state that they were taken from the note-book of a lady of rank. I have a strong objection to mention the name of the lady. I feel myself placed in a very delicate situation, and don't wish to do it. Lord DENMAN—I am afraid you must. Witness—The Hon. Lady Murray is the person. There are a great many writers upon the same subject. I have seen " The Laws of Etiquette." By Sir W. FOLLETT—I had the MS. in my possession about six months before I gave it to Mr. Day. I received it from the lady herself. The ATTORNEY-GENERAL--" Do not pick your teeth much a• table, as, however satisfactory a practice to yourself, to wit ness is not a pleasant thing." That is marked with an as terisk ; and is that from the lady of rank's note book ? Witness—l cannot find that passage. Wm. Henry Landon—l am an author on a very small scale.—(A laugh.) I have seen the plaintiff's work, and " The Science of Etiquette." I have compared the two b )oks. The ATTORNEY-GENERAL objected to the witness being asked if one appeared to be copied from the other. Witness—The arrangement of both appears to be similar. I have seers " The Laws of Etiquette." Cross-examined by the ATTORNEY-GENERAL.—I have never published anything but Sermons, at the request of my parish. 'there are few chapters in one without a similarity to the other. The Scotch work appears to have borrowed its hints on man ners from the English work, and its anecdotes from the Ame rican work. The English work resembles the American only in as far as a work upon the same subject might resemble another. Have you read Lord Chesterfield's Letters ?—Some of them. Probably they were not such as a gentleman of your varied calling would think proper to read ? Lord DENMAN—That he could only learn by reading them.—(A laugh.) It was admitted by the defendants that they had sold copies of the works in question. Mr. Singer examined by Mr. BAILEY—Was an author. Had seen and compared the " Hints" and the " Science of Eti quette." He found a great similarity in the words. Cross-examined by the ATTORNEY- GENERAL—Was author of " Travels in Egypt," and other works. He bad travelled there before he published—(A laugh) —among the Turks, &c., who allowed their beards and mustachios to grow and his had gro wn ever s i nce . —(Th e w i tness was bearded like a pard.) Some of the rules contained in the " Hints" were contained in old Greek authors, but not the whole of them. The Officer of the Court then read portions of the plaintiff's book, the Jury having the defendants' in their hands, in order to compare them. This was the plaintiff's case. • The ATTORN El - GENERAL said the plaintiff's Counsel had finished his case by comparing the table of contents of the two works, in order to show that two works upon the same subject contained the heads of chapters under the same names ; be cause of that simple and unavoidable fact tine Jury were called neon to find that the defendant's work was a piracy. In piece of the two books treating upon the science of etiquette, they had treated upon the science of arithmetic, there must then have been a still closer resemblance between the table of contents, for in such a case he would undoubtedly have found in each the heads of addition, of subtraction, of multi plication and so on, down to decimal fractions, and yet the works would not necessvily be a piracy. This science of etiquette was formed upon general rules laid down by the general desire to oblige and not to offend, which happily pre vailed in society. It had its particular rules, which were known to almost all ; they were of en arbitrary character, and wise ever there were two works upon such a subject, there must necessarily be a very great resemblance. He at once admitted that there was a resemLlance, but that was not the question before the Jury—it was whether the work in question was cr was not a piracy of the work of Mr. Day. Now, who was Mr. Day ? Was he a second Beau Nash, who had for half his life presided as master of the ceremonies at Bath ? Had he ever been master of the ceremonies at any of the fashionable watering places ? Had he ever been a dancing master ? No ; he was an itinerant painter of 'pictures-most respectable in his profession he had no doubt—but, then, how much was he fitted to decide upon manners and etiquette? It appeared that Mr. Day, being at Hull, was horrified at the vulgarity of the incr. chaets of that busy place. He probably found them guilty of the profanity of picking their teeth at dinner ; and being shocked, he determined to " make a silk purse out of a sow's ear" by reforming the manners of the Hull merchants. Well, he set about the matter, and no doubt he read works upon the subject and compiled his work from private authors. Hi 3 book was nothing but a compilation, and so was the defen dant's. • His Learned • Friend proved that Mr. Day gave a manuscriet of the work to the bookseller at Hull. No doubt he did ; but of what value was that ? Mr. Longman, who was a plaintiff —a witness in his own cause—proved that Mr. Day gave him a manuscript of the work now in question, and yet it was neither more nor less than a copy of the Hull book, with a few alterations and additions. So much for the manuscript. Then as to the witnesses who had been called. Mr. Longman was, as he had already said, a plaintiff. Then they had a traveller who had been among the Turks, and might have been in the temple of Jupiter Ammon ;_ but he was not studying etiquette there—he had not studied any work upon the subject, except the two books now in question. They next had the clergyman—the priest—whose duty was to lead his parishioners to a better world ; he had not read any modern works upon the subject, but surely he had a more important duty to perform than to study the science of etiquette. They had not had one witness called who had been a reader of the modern works upon the science ; they even did mot know that any such were in existence; they dared not call a witness to say that Mr. Day's was a new work—in fact they could not find one, for it was a mere com pilation, the same as Mr. Reid's. The law allowed such things; it went ftwther, and it had bedn decided that the abridgment of a work, even though all the spirit was retained, was not a piracy. It was a most ridiculous action. Both works were for the good of society, and there were plenty of people of both classes who would purchase enough to cause a sale for both works. Those who wanted fine paper, with gilt edges, bound in fine silk, would take the work of the plaintiff; while the other classes, who were contented with a greater quantity of valuable matter on paper not gilt, and for a smaller price, would go to the defendant's; there was plenty of room for both; and should the verdict of . the Jury g o with the plaintiff, it would only give a monopoly to the aristocratic work. Now, it was. very strange thatoeither the traveller nor the clergyman, though they were competent witnesses upon the subject, knew there were many modern works upon the science—it was one of much importance to all classes—to high and to low—a subject of much interest to every one, and did they think that Mr. Day had been the first to open such a field —that it had lain fallow until the vulgarity of the Hull people had raised the ire of the itinerant painter, Mr. Day? Such was not the case—he had a small library of modern works from which both Mr. Day and Mr. Reid had com piled their works, and probably Mr. Reid may have is some instances made use of Mr. Day's work, but that would not constitute piracy, which the plaintiff must prove in order to establish his right to the monopoly. He would show that there was nothing original either in the compo sition or title of the work of Mr. Day, because be had before him the following works :—" Hints for the improve ment of' the manners and aearance of both Sexes," " De tails of th e E t i quette of Public p Society," " The Gentleman and Lady's Book of politeness and propriety of deportment dedicated to the youth of both Sexes," by Mr. Clement, an American Edition published at Boston, in 1833 ; " Principles of Politeness and of knowing the world by the gentleman and man of fashion," " System of Etiquette," " Instructions on Etiquette intended for the use of schools and young persons," and there was also a work, called " The Secretary's Assistant," which was published by Mr. Whittaker, the defendant, who had published various works of this kind before, without any complaint ever having been made. Thus there was a complete code, almost like the code of Napoleon. Lord DENMAN—A code of civil procedure.— (A laugh.) The ATTORNEY •GENERA I,—A complete code, by which the most rude person, by a little study and perseverance, might become fit to appear in the genteelest society. He would show all .those works to have been in circulation, and well known, before the miniature painter thought of leaving this legacy to the aldermen of Hull.--(Laughter.) He would now give specimens of the use Mr. Day had made of prior publications, and he thought the Jury would be of opinion that Mr. Day had not much originality or invention about him. His Learned Friend, in his opening, had dwelt at some length on the direction as to bow a lady was to be taken nut of a room, apd particularly about giving her the wall ; he hid claimed that as the great discovery of the portrait painter. andhied said that it was impossible that two persons should have hit upon any thing so - refined and so exquisite ; and the defendant having stated how a gentleman should conduct himself under such circumstances, his Learned Friend had said - that ‘; , a an irrefra:;able imior 'it - the pirieyeseNow in the gene Heenan and lady's book of politeness it was stated, "in de scending a stair-case we should give the side next the wall to the lady whom we accompany, and we commonly present to her the right arm," so that the maxim was that the lady should generally have the right arm ; but in descending the stair-case, it was so to be managed that, right or left, the lady was to have the wall.—( Laughter.) In the plaintiff's work it had been said that "at every respectable house you will find silver forks," and in the System of Etiquette " it was said, " Silver forks are now common at every respectable table." What did the Jury think of that as a specimen of pla giarism by the plaintiff from other authors ? Then his Learned Friend had stated that one of the great novelties of the plaintiff's work was that hint which had been introduced by a lady of rank, namely, " never pick your teeth at table with a fork ;" in the " Principles of politeness," the maxim was, " when the table is cleared, pick not your teeth unless others do."—(Great laughter.) His Learned Friend thought he had got something quite ori ginal from his client under the head of "vulgar customs," but which was stolen from a book published by Mr. Whittaker some years ago. The plaintiff in his work deprecated the custom of females using the title of their husbands, as marks of distinction, and having printed on their cards, " Mrs. Captain Goats," Mrs. Doctor Borax," " Mrs. Colonel Piggins," Mrs. Alderman Brown," &c.—(A laugh.) Now in the Secre- - tary's Assistant,' published by Messrs. Whittaker and Co., it was stated that the assumption of any title by a female such as that of Mrs. General So and So, or Mrs. Colonel So and So, was evidently incorrect. This remark is equally ap plicable to the wives of Generals, Doctors of Divinity, Law, &e., wh o h ave i n some i nstances b een d es i gn ated by the title of their husbands. The very idea of Mrs. British Consul, or Mrs. Field Marshal, excites ridicule ; and yet the assunip. tion of such titles would not be more inconsistent than those before mentioned by the wives of Doctors and Generals. Here was therefore a direct piracy, if such things were to be called piracies, from a work of the defendalit's. Mr. Day stated--" Do not repeat the devil's tattoo by drumming with your fingers on the table ; it cannot fail to annoy every one within hearing, and is the index cf a vacant mind." In the " Principles of Politeness," it was stated that " drumming with your fingers on the table, are indications of contempt for the persons present ; there fore should nut be indulged in." The Learned Attorney General then read several other extracts from the ptaintiff's work, comparing them with passages in other works, and asked the Jury whether it was possible for them to say tho defendants work was a piracy of the plaintiffs more than the plaintiff's was a piracy of preceding publications ? Then something had been said about the binding of the two works, but the affidavit of the book-binder stated that he had never received instructions from the publisher to use cloth of a blue colour, or of a particular pattern. There were several chap ters in " Tho Science" which he admitted were similar to those in the " Hints on Etiquette," but others which were to tally different. lie would contend that both the works were com pilations: if the verdict of the Jury was against them, they would be prohibited from Felling a single copy of the work, but he trusted the Jury would find the other way, and thus en able his client to resume the publication of a most useful and valuable work. Thomas Munday—l am a partner in the firm of Dean and Munday, Threadneedle-street. la April, 1834, Heath offered a manuscript work for publication, which was subsequently published. Mr. Sutor, a bookseller, of Paternovter-row, has known the works, the " Principles of Politeness" and the " System of Etiquette" since 1814. Mr. Kenneth, a bookseller, knows the American work, the " Court of Etiquette." It was imported in September, 1836. The, Gentleman and Lady's Book of Politeness" was im ported in 1834. Mr. Gamblin, solicitor for the defendant—The extracts now handed by him, and made from the plaintiff's work and from de fendant's book were correctly made. The copies were made subsequently to the proceedings in Chancery. Made extracts from six or seven books for that purpose. The books were sent by the defendant. Mr. Pigott: a publisher of Fleet-street—The book, " In structions on Etiquette," was published about 1824. The title was altered to " Hints on Etiquette," and came out with a diffe rent binding. That was after the publication of the plaintiff's work. The change of title occurred by mistake. Five copies were sold, and they were restrained 'by an injunction from selling any more. Witness has no cannec , ion whatever with the defendant. " The Instructiins on Etiquette" went through th ee or four editions. By a Juror—The injunction was to restrain them from bind ing their work in a similar mariner to that of Longman and Co., and from using their title. Sir WILLIMst FoLLErr replied. The plaintiff complained Ghat the dt.fqndants had pirated his work, and it was al 'Ted, on the other side, that there was no piracy ; and also, that if there had been any piracy, no injury had resulted to the plaintiff. Now, will' respect to the latter, the evidence of Mr. Longman went decidedly to esta blish the fact that the sale of the plaintiffs work bad been considerably diminished. What that sale was could be estimated from the fact, that from Oct , 1836, to June, 1837, not less than 12,000 copies had been sold. It was quite plain that if the defcndat.ts publish d a book containing " cvdrything that was substantially good" in the plaintiff's work and a great deal more, fir a much lower price, the plaintiff must be seriously injured. It was evident from the nature of the advertisement put forward, that the defend ant, from the very first, intended to injure the plaintiff's work and the binding and lettering of the work closely resembled the original. Even the very Greek name, although altered, was imitated. The Learned Cuunsel here read seviral ex tracts from the two works, to show their similarity. He would now leave the issue in their hands. He was salificd the Jury would have no doubt that it was an attempt to injure the pro perty of the plaintiff, and that he was entitled to the protec tion prayed for. Lord DE MAN said that the issues they bad to try were, first, whether the plaintiff was the proprietor or author of the book in question, and to negative that several extracts had been given from other works. The question then was whether these extracts were so servile as to show that the plaintiff had no claim to the title of author; and with respect to the charge of piracy, they would have to say whether the extracts read were such as to satisfy them that the one was an imitation of khe other. The Jury returned a verdict fur the plaintiff. COMMONCOUNCIL.--(TIIIS DAY.) CITY ADDRESS TO TILE QUEEN AND QUEEN DOWAGER. A Common Council was held to-day in the Guildhall of the City of London for the, purppse of agreeing to an address of condolence to her present Majesty upon the death of the late King, and one of congratulation upon her accession to the throne, together wit( an address of condolence to her Ma jesty the Qaecn Dowager upon the death of her late illustrious consort. _ The Loan MAYOR took the Chair at 1 o'clock, and after his Lordship had informed the Livory of the purpose for which th l e r i were called together, Mr. SALOMANS came forward to move the Address. He should ill discharge the duty he had to perform, if be did not dwell on the loss the nation had sustained by the death of bis late Majesty, a Kiag who redly occupied himself during the whole of his reign in advancing the prosperity of his country —a King whose reign would bear comparison with that of any Monarch that ever sat on the throne of England. During his reign no foreign war or domestic disturbance had taken place to interfere with its tranquillity; and William IV. might well be said to have been really the father of his people. The authority which he wielded had been transmitted to one, of whom the nation had the highest expectations. Though youthful, the present Queen of England had received her im pressions.and education in England ; and upon her accession to the throne, she had boldly declared the principles that would govern her future conduct. Coming to the throne at so early an age, it was to be hoped and expected that her reign would be long, happy, and prosperous.—(Cheers.) The worthy gentleman concluded by proposing the fullowing address : " To the Queen's Most Excellent Majesty:— " May it please your Majesty, —Nire, your - Majesty's faithful and loyal subjects, the Freemen and Liverymen of London, in Common Hall assembled, beg leave to approach your Royal presence with the expression of our deep grief for the loss which your Majesty and the nation have sustained by the death of his late Majesty King William the Fourth, who by his firm support of the Constitutional privileges of the people, and by giving his Royal sanction to the introduction and passing of the Reform Bill, and other measures for improving the insti tutions of our country, attached to himself the warmest affec tions of a grateful and loyal people, and earned for himself the undying title of our patriot King.' i; Mailst we bow with humilitiand resignation to the will of the Supreme Dispenser of Events, in depriving us at this moment of our beloved and patriotic Sovereign, we nevertheless see abundant cause for thankfulness that that visitation has been withheld until the period when your Majesty has be come qualified by law to exercise the sovereign power of the State in your own person—born in England, and edu cated in an attachment to British institutions and Bri tish interests, under the superintending care and fond soli citude of an affectionate parent. We hail with lively satis faction your Majesty's accession to the throne and the recent gracious assurances of your Majesty that, associating with all classes, it is your Majesty's anxious desire to extend to all the full enjoyment of their religious principles and their civil rights. And we fervently pray, that animated by the example of our late lamented King, and rightly appreciating the advantages of our constitutional Monarchy, your Majesty's life may long be spared to realize those advantages for the public welfare, and that by a steady attachment to the interests of all classes of the community, a wise and tem perate administration of the laws, and a determination to improve to the utirmat practicable extent the institutions of the country, your Majesty may live to see the accomplishment of your earnest desire—the noblest ambition of Princes—to reign in the hearts and affections of a free, a happy, and united people." JonN TRADERS, - Esq. seconded the Address, Which was declared by the LORD MAYOR to be carried unanimously. • CHARLES BLEADEN, Esq. moved the following Address of Condolence to the Queen Dowager : --- May it please your Majesty, we the Freemen and Livery men of London in Common Hall iasembled, beg leave to offer the expression of our sincere condolence with your Ma jesty and the nation on the less vrehave sustained by,the death of his late Majesty King William the Fourth. " Whilst we cordially sympathise in the feelings entertained on the present melancholy occasion, by your Majesty, and those who were the immediate observers of the friendly dispo ' sition - and manly frankness which distinguklied our late belovcd Al,,..dren in all the relations of private life, we cannot help feeling that it must be a consolatory satisfaction to your Majesty to reflect how greatly the cares and anxieties of royalty, and the fe, ling incidental to a bed of sickness, were alleviated by the kind and exemplary attentions at all times rendered by your Majesty to your late illustrious Consort, and for which we" beg le thus respectful!) , to tender to your Majesty the homage of our sincere respect and esteem." Though her Majesty the Queen Dowager had conic to this, country a stranger, he was sure that noone who hi Iva him would hesitute for a moment in joining with Wm in thinking 71 that the affection exhibited by her during the afflicting illncss:i cf his late Majesty, would be looked upon by Englishmen 7-1 with gratitude and veneration. During the short reign cifC his late .Majesty the Queen Dowager had preserved the Cottle:), of England pure and unspotted.—( Cheers. ) SAMUEL HArr.rs, Esq., seconded the motion, • which vra?S, carried unanimously. On the motion of Mr. CHARLES PEARSON, seconded by Mr. SWAIN, the Lord Mayor, Sheriffs, and twelve of the Livery were to present the Address to their M 4jestirs«t any time they might appoint. The Sheriffs and the City R...membranerr were also directed to wait upon their Majesties to know why: it was their pleasure to receive the Address. A rote of thanks to the Lord M vor was then moved and carried. His LORDSHIP returned thanks. After which it was ordered that the resolutions should be published in the usual Morning and Evening Papers, and the; Hall was then adjourned. THE SWAN WHALER. Monday afternoon, in consequence of intelligence of the Swan having been seen off the coast of Holderness, ar'.l! her ar r i va l b e i ng expecte d w i t h the fl ow of the t i de, manv: . thousands of our townsmen and townswomen were assembled at Southend, and were gratified with the sight of the long lost vessel, whose re-appearance was regarded as a sort oir, resurrection. Anxiety, the most intense, had for severa:-", days been entertained by the relatives of the crew, whici was greatly increased by the different statements inserted ,h in the newspapers, and other prints. A London news paper of high authority in shipping matters, had an h nounced her return, with that of the Advice, as alto- - getber hopeless ; a belief which, as regarded the Swan., was but little alleviated.by the return of the Advice, coast- 7 - , dering her deplorable condition, and an appeal had suttee- -:": queatly been made to the public on behalf of the widows and families of the crew of the Swan. The appeal was af terwards IL, qualified, and the local papers of Friday and Sa- - , :l turday last, contained a f e w wor d s f rom t h e master o f t h e -.. Advice, holding out hopes of the Swan being better off than his ship, which has happily proved to be correct. TheW ciew of the Swan originally consisted of 48 men, 24 4 whom, including the captain and officers, sailed from Hull, and twenty-four were obtained from Shetland ; of the Shetlandmen eleven hare died, of our townsmen seven, and e, two others from Grimsby, while of the 6 who were received from the wreck of the Margaret of London, but one, survives. But for the unfortunate expedition alluded to ie'ta Captain Doing's communication, in which a party of the men endeavoured, unsuccessfully, to reach a Danish settle- ~ meat, the su rgeon i s o f opinion that no more than twelvf 7! persons would have di e d, an d o f t h ose w h o di e d ef scull': it is proper to observe that their end approached very fast. when their spirits began to fail them after that melanehol -.:. affair. During their confinement in the ice, Divine Wor ship was conducted every Sabbtoh, in a most orderly are' -4 0 impressive manner, by a pious Shetlander, the whole ship': company engaging heartily in the service. The Swan het three fish; about 30 tuns ; 20 of the Dencornbe's men hay: If arrived with her ; the Duncombe has four fish, 60 tuns. I'd THE VOYAGE.—The f o ll ow i ng arc ex t racts f rom a corn a munication addressed by the Captain of the Swan to tin owners : After leaving the ships on the 6th of September in 75 deg., we took the ice, and with little difficulty reached the lat. 73 deg. 46 min.; when on the point of getting clear, eL succession of light N.E. winds and calms completely deire fettled our intention. On th e Bth O c t o b er , a l t h oug h w i t hi a l sight of the water, it was i m p oss ibl e to get t h e s hi p through i the bay ice. A wes t er ly ga l e on t h e 25 t h an d 26t h O c [.., tuber drov e us i n s i g ht o f t h e east i i nd, which we constantl .„ . 1 . 4 approached as we drifted down the straits. The denger42 we t xpericnc e d i n p ass i ng an d repass i ng the different reelv and bays were very great, and on the llth January we werel, four hours on the ice, expecting every moment to see therfa ship, which was laying on her broadside, crushed to atoms,K and ourselves exposed to the fury of the storm. r - After drifting i n d rea df u l suspense t h e w h o l e of the w i n 4 ter, we remai ne d a l ong t i me stat i onary, about fifteen mile, to tie westward of Hare•lsland, when, seeing no prospect la ea of a speedy re li e f, an d t h e scurvy making its dreadful al -1 .1 ,e trance, fourteen of our men voluntarily offered to launel,, a b at on shore and reach Fore Island point or Lievley, ant: alti Leigh persuaded to wait a little longer, yet, on the 1et!) April, after receiving a quantity o f prov i e i ons , t h ey h-f t t i n * ship with . every prospe c t o f accomp li s hi ng t h e i r end—tin ,*4 weather bung fair and warm to us w h o had fit the severit‘ t 7 of en Arcfc winter ; but on the day following the thermo n.e er, which had ranged to 20 and 80 above, now fell tok4 30 o- 32 below zero, when the quicksilver froze, and on let the shah day our fears were realised by seeing three of out r unfortunate men approaching th e s hi p ; we inst.mtl: z 7:: went - to their eisistance, but only succeeded in sevinjA two of them, the third having died in the arms of hi 7f;., 1 ,' no ssmates. This lamentable occurrence threw a greeree-! damp upon us, and our men began to drop off very fast- On the 6th of May, after seeing many opportunitie s k4 where we could have escaped from our icy prison, the Fm k that were able to walk tried their utmost endeavours to saws a passage through - the floe—the ship being fixed in tin :0 4 t ll very centre—but were obliged to give it up on the third 4 ) day, not having made the least progress, and their strength ra feilinge them very fast. Our provision now was nein-1411 expended, and we began to make preparati on f or alem . l4l Boning the- ship ; n o t being able to stay longer than se e * . ti 20th or 25th of the month ; but it pleased Divine Pro.;:: vidence, who had so often delivered us femn danger, 04 tzz answer our earnest prayers. On the morning of th4..1 140, being in lat. 69 deg. 10 min. N , we raw a shiPo bearing W.S., W., about ten miles dietant, which an swered trj our signals, and left us no doubt but we hano been seen. - At five on tha following morning a boat'sKi crew was on board o f us , b a yi ng b een launched over tie 1 ice since the previous evening, and we found we were in -1A debted to the persevering, conduct of Captain Adamson, of_ the Princess Charlotte, for our happy relief and eitimaterti deliverance. At six o'clock ram. on the 19th, five boatsk:7% and crews came.on board from the following ships—Wil 0 Liam and Ann, Princess Charlotte, Do; . oth:y, Horn, and Heroine ; after sawing through 3,000 feet of heavy lee, liberated us on the afternoon of the 21st ; when putting half of his men on board, our own poor fello ws b e i ng unfit': for the least exertion, the Princess Charlotte conducted usi - ‘' into Whale Fish Island harbour—saw us safely moored, and stowed our hold. s e, On the 28th the Duncombe abandoned his fishing, sup e e plied us with twenty men and accompanied us home. igi. THE MARKETS-(THIS BAY.) CORN EXCHANGE. The arrivals of this week have been short of every descrip• lion of Grain, and of Flour the quantity is also small. There has been very little business doing this morning in al:y kinds of„:: Corn, as the favourable' weather occasions the buyers to pur-r.'_ chase very sparingly, and the prices of every article remain r:si„ reported on Monday. The sale of Flour continues very slow. A itIIIVALS. . 1 Barley. Oats. rai l , 4'4 300 qrs 2,iBOqrs 1,460 ,ack lx);) 34.0 Wheat. 2,:;20 q rs, ?gitsh Iria'h Foreign l 7 OO , THE FUNDS-(THIS DAY.) CITY, T I I'EL O'CLOCK. The New York packet is now overdue a week, and we dA.i not as yet bear of her being off Liverpool, which causes soar:A anxiety among the American merchants. The Liverpool papers received this morning state that theA improvement of trade at Manchester has been fully maint tained during the present week. In the principal de-t> , partments of the staple trade the demand bas been cen-: . 1 siderable, both for the home colisuaytion and f.,n foreigiio markets ; and there •is a gener6l impression th a t prices cannot well be lower than they have been. buyer's who have withheld their orders, in the expectation of a further decline, arc now coming forward more freely than before. The price of the raw material has touched its lowes, point, and as there is large sums of money lying I , lle in t1r, 1 41 hands of the Bankers, the improved apnea:anee of the Markettir,i will naturally lead to speculation in Cotton, which must be`;,, followed by an advance in price. Yesterday the Commercial payments were heavy ; eonse. r i, quently money was scarce, and in demand : but up to the pre "t sent time we have not heard of any failures in the City. We have.no arrivals this morning of the least imprtance, and in consequence of which we have a very great dearth orl intelligence in the city. In respect to commercial affairs, is quiet. THE Fumrs Consols, which closed the Account, open:d the same price ; Exchequer Bills, 32 34 prem. ; India BonclF,V, 33 35 ; Bank Stock, 203 209. • In the Foreign Market Spanish Active closed at ,22 to i . 7,1 ex•coupons, and opened at 2lk 22k c x coupons ; Portugues< , closed at 44a to opened at 441 ; Three per Cents., ex-div. ; are at present 281 ; Dutch Two and a Half ptr . ! Cents. 52k ex-div ; Colombian, 241. HA 7,F. PA ST ONE. Consols, which were 921 j, have recedc.3 to 92 ; at pre sent may be quoted g2l for the Account. Excht.y.ter 32 34 prem. ; India illnda, 34 33; Bank Stock, 2031. :'"; An arrangement has taken place in the Stock Excliange_ : . ; with one of its old members, rho had accepted same of the' 4 American bills which were not provided for. Ile is a perso.C' of great property, and there is no doubt his creditors will bel7: paid in full. In the Foreign Market Spanish Active is very heavy et ex-coupons ; Portuguese, 44; Spanish Coupons, 47; Dutel 4 per Cents., 521. THREE O'CLOCK. Consols for Account, 921. - '~~Fwa