The Sun. — London, England, 1852-12-02 00:00:00

" W INTELLIGENCE. -(THIS DAY .) (; t4 . COURT OF QUEEN'S BENCH. ' ln g B at Nisi Pries at Westminster before Lord Cane bell THE and a Special Jury.) - QUEEN V. RAMP, PP OBERT AND WATKINS. This was an indictment charging the defendants with BP4 con e for the t o obta in a chequ e fo r 400/. from Mary Ann Broome, pose of defeating the ends of justice. The trim commenced yesterday afternoon, and not being 410 eind ed, When the court rose, was adjourned until this io 'lb. A full re p or t o f yesterday's proceedings appear A The colum n o f Th e S un. a pp prosecuti on was conducted by Mr. Parry and Mr. kp e hn kli fe, and Si r A . E . C oc kb urn an d M r . Hiddlestone sawed Probert ; Mr. Skinner for Hamp, and Mr. Zed nits for W at ki ns. the Sitting of the Court this morning Sir A. E. telb,„ w as f , - I addressed th e j ur y o n behalf of Probert. He Iktt (11°wP41— • by Mr. Skinner and Mr. Hawkins, on the p eu , ea f . the defendants, for whom they respectively ap- Lord th a t th , ampbell then summed up the evidence, observing to t qa _ l3 was one of th e mos t important prosecutions that f ord before a jury, as the defendants stood indicted It L in g conspired together to defeat the ends of justice. h i r :r red that th ree p ersons , named Charles Staden, h: i nia ca, and Joh n B roo me, stood committed for trial ast spring assizes for Sussex, for having cheated r iaraP, at cards, and defrauded him of a sum of t ot , and Ramp was bound over in his own recognizances ili;t lT : c ato ; and the gravamen of the present charge was, cle‘, --al nla and the other three defendants entered into a Ila n ; n i, nd conspiracy, by which it was arranged that Dalli e r : 4 "U not attend as witness against the accused a on 1 ' 1 , 4 4 4 c onsideration of his recovering the sum of 4001. toi lv i: lic wife of John Broome. If the jury were they di ell by the evid e n c e which had been adduced that ( 1 / 4 ~- f t n so conspire, it would be their duty to find a ver lia g i ll*. But the weight to be attached to that the depended on the credit which could be given to bltich lle% ' 6B . They were certainly to be considered very b ee 4 11 1 the nature of accomplices, as the all seemed tohave Wks :Ict'erned in the se co ntrivances; yet, if their testimony r° _, ba rated by' other evidence, the jury could have 11 14 fßr—e `iltY in saying that the charge had been proved. k9hi ze: nn id be no doubt that Hamp failed to appear at the ; that his recognizances were forfeited, and that the c i e was thereby defeated, •It was also clear that the b \v „ was drawn by. Fisher upon a Birmingham "efeau" . 'n found its waf into the hands of the vith tis nts, and was in some way or other connected the non - appearance of Hamp, and the abandonm the I°ll ol e - P r osecution. His lordship then went through evidence, and said he was of opinion, unless the feorl a t ' se s were o•rossly perjured, the case againstthe . de 'aterlta was elea'rl made out. If, however, the jury I°lll o 4l f___ :any give doubt of their guilt, they e i them the benefit of it. qter Jar'ir then retired to consider their verdict. T he y hoot's absence, returned with a verdict of Guilty. SHERIFF'S COURT. crt/Itzsi (Before Mr. William Burchell.) o:tie:l:AT PRACTICE—ABSENCE OF COUNSEL AND ATTORNEYS.—BINNS W. LUCAS. lA 4 e Plai n ti ff , in this action is an attorney, and defendant residing Newport, Monmouthshire. The a llos e4 w aa bro ' imht to - recover the sum of 61. 58., the bad- v et! bill o cos t s. Pear,' li ' h insorappeared for the plaintiff , an d Mr. G. ' l) for for the defendant (who pleaded that h e was not li r to. eh a r ; ,Rohinson stated the case, and ''said the business . 4 111„ e `t, for had been conducted in 1849, and the whole bill e°ll SC ect to 121.55.,but defendant had paid 6/. on ac '44ter The facts of the case were these :—The defendant's 1 14 4 o ad ,' unfortunately intermarried with a man of the z arnell, clerk'or schoolmaster, who had a wife p rop ! r ist the time of his second marriage. Defendant very 4 er, a Y Protected his sister as far as the law could protect trai C ud retained the plaintiff to indict Parnell at the Cen vietprs. mal C our t , w hi c h was d one , an d Parnell was con eotilq 00t What the defence would be, he (Mr. Robinson) k ept surmise, and the retainer was admittedby t he p a y - I tlia ki n account • and the defendant had no righ t now to amount, he as there had been no taxation of the Sir whreh might have had if he had thought fit. Pro Short, he rclek thee. plaintiff, wa re s m th t tn e ' I 4 II A au ed that too instructions f t ,herA2‘ l4, - who signed a written reer. After this varnl n were two examinations before the magistrate, and was co *tted 7B for trial. A brief was given to el' with G(. Ivi i th , a fee of 1 2/. 25., and 1/. 108. for conference, and 1.0 clerk's fees. sot ii , BB ' c lamined—Was not present at the trial, and could ill a tTY whether plaintiff was there or not. Did not know Itoth' e was in the other Court defending the " Mannings." tlft, ca ses were on on the same day. Had to go to plain lie B , o . °f ace, and on his return Parnell had been tried. C hu R ' B sentenced t o two months imprisonment. Mr. att e - "Pcir was instructed in Manning's case, and did not lett,ll', ?smell's. Could not say who did, but Mr. Wool ma name was on the brief. tha'r,•,golomons, a solicitor, was called, and considered ki li t t i 'ate charges were incident to a prosecution of the tiff 4, and that the charges were the ordinary charges. I% Denman, for the defendant, contended that the plain ata was not entitled to recover a single farthing beyond the plain she had already received. This was an action for th e done in 1849. Plaintiff had not even been put into f or . boa to shew that he had done the work he had charged r e ' a nd this was one of th ose cases in w hi c h th e j ury oug ht t o Il e ;"'re th e s t r i ctest ev id ence. The law was, that i f an attor trie oaf v ,, s , ° conduct the affairs of his client that the client re r. no belie fit, he could not recover, in this case, although a c eo a „ m t i no doubt been drawn : it had been given to a prop r i who could not attend—in fact, it had not been e e- , that the case had been conducted at all, but had t h 1 1 left to its fate. The jury had no right to assume k r at - I V?'e Case had been attended by counsel when_ nei e t v h e e d that - 4 . . 1411 e nor his clerk, nor any other person had t hat b e a fact. He, the learned counsel, would admit t t l ailatiff was in attendance in court on the first y, he, e trial did not come on; but if he was not . there on l iefit -e°ll4 clay when it did come on, defendant derived no be the ,r 1 1 ,4 Plaintiff could not recover. In the absence of counsel th l u is ige would hand down the depositions to gentleman I ,"dd .41 * , or, perhaps, get a conviction himself on the D amn -c e, where clear. Under these circumstances, he (Mr. cello -a l l ) thought that the jury could come to no other th e r ukort than that all the items relating to the brief, and p a t i ee , to 'counsel ought to be struck out, and that the 61. ki,h+roi_ore than co;ered any legal claim which the plaintiff ,seas-e have had. The learned counsel then quoted the - 1 -de'wis v. Samuels, 15 Law Journal, and 8 Q. B. n ot IA which it h a d been held that an attorney could the ,: d e cwer where the business had not been conducted to Th ' v antage of the client. torn4lCrnder-Sheriff said there was no doubt that an at teak' Ras hound not only to exercise reasonable skill, but a;i --Agence ; but he was bound to say that an at cleo4 ' a ' il Was not bound by the negligence . of counsel.. He am „that he can by preparing the brief, delivering . it, I ,%tase'' u p . l ig the fees, and. was entitled to recover notwrth e a tlY negligence on the part of counsel. for h - eßtion for the was, whether the work charged the lli a4l iou b o e f e t n he Pr bill P properly done. If it had, he would advise ta xa j t lr3' to give e i, e v r erdict fo . r the plaintiff, subject to the e • Rave 3 ' 11 7, aft er consu lti ng a b ou t a quarter of an hour, 'lhl s ve rdict fo r th e amoun t c l a i me d. Was the only case. )14 t ,, r. Nib, -4 r.. MURDER IN TIPPERARY.—The following ac. illPes, rs t ; a. brutal murder in the county of Tipperary, B e ni. in ' ll the Dublin Saunders :—" Another victim li!kas , egi s i t i. in accordance with the baneful system of ' agrarian of tl oim Ti era i s aga i n disgraced by thc . , commissio s teaother brut p at mn r r Y der, perpetrated under circums . t s an n c e e i_ tit t atrocity. In this instance the sufferer is et a l odmlandlord nor agent, but a peasant. named Hogan, this Lesided near Busherstown, in this county, but on l lokn uulle rs of the King's county. It appears permitted Y) -- 4 4 ,. w as evicted from his holding, but was continueperini on he' Walker, the agent of the property, to the d ill'could g_ a s 44 e - D ,,,,L the Place. In consequence of this permission I l l i is ', 4ll cl l .' ee 'l with a person named Kenn o th e 4 h) oject to the approval of the agent, r o e` n 9ig r i eeeiving having I n of 1 0/., to which Kenny assented, but . subsequently Pa Yic " d eavoured to obtain the possession of it without Part, g the sum agreed upon, Hogan, to use the common nan _ hi % 1 1 , 1 ee . of the neighbours, ' dealt' with another tli man. and 01 his m ay ing dared to do so is assigned as °' wi t i ! de r• A party, consisting of . about tenoenmen, Monday bi g h t ota We re arme d, attacked his house m tlis effweelt, and beat him in a most savage m 44. effects of which he languished and died on d F ay rid w a h y' e n n i ht c ciren e ; ll . l 4quest was held on the t f u e rs li sn o T s i n u n g n a k l n l o s w 'u n ch .” ca Th ses e , Wif e ef T, Murder against some ,she i .,,, t he deceased is in so delicate Pe a state, 4 d eB -ce lved and the effects of the . . fright, frem th th at e i h n e j r url li e fe s Ntr e „l! al l'ed of ; s o th a t i n all probabihty t th wo of s t u h b is . itsp e g or will end in the loss ofat lent e MPloy ed kiorgan and the resultlives. out the perpetrators of this , in endeavouring to trace X em . °arbarous murder. Strong police of his district are actively sus his house on the day ni 47 , who states that he never leftt o suspicion attaches to the village of Toom p y in va ra ,, g that day with a large ' l4 41 "ink e i: c elirrenc e ; but it has been pI ved that he was seen CO AT - T , a. tet" DUTIE S TO THE .... j litirT CITY or LONDON. —Yesterday t he th;',. 4 Procured by Sir B. Hall, was printed, respecting of the""3" of fou e t on payable to port of ~ e u _ . sp nce per coals brought into the d - Lolid en "Y et -London on the Corporation the col last • The gross duty in 1836 are4,o4 &I., an i eeti Year, 51,104/. 155 M. There charge . on . a _ ow. a o °ll, drawback ' coals exported, ees t o ee , 1 on .were i n the whole ne ar i a meters. The deductions _ d duty of and retiring li f 0,.! 11,000/. in 1851. The above-mentioned _ 0 _ r i3 atir n ce Per ton on coals being the property b 5. ,..0 1 of London, the balance, after the payment of draw- ee Z on coals exported, salaries for collection, allo of the Corp svan r e for titr e :eters, and charge 20 000/. per annum set apa , the Co mprovements, is carried to the general account .. of gov er l- Poration, and applied by them in aid of municipal_ min al administration of justice at the Central 9'i ems : 4 Court, maintenance of prisons, magistracy, police, o f t ,"l e er, and other purposes in respect of which the funds the C o are chargeable. As.ri, , att ellt . 'lr s AMPHITHEATRE.—We beg , to call the m eat lO n of the benevolent and humane to the announce log off the e ntertainments to take place here on the even widow' "daY) the 6th. They are for the benefit of the for m an a ' l4 family of the late Mr. T. Thompson, who v; ac wh o _y years stage manager of the establishment, and Privatein that and every other position in life, as well by his to an ex WOrth as his public talents, had endeared himself and eXtensive circle of admiring friends, but who lately. tideao _ n,;:yhile yet in the prime of life, fell a victim to pa rtoltalls' leaving a widow and youthful family, who nre o b je ?" Provided for, to mourn their bereavement. The existenttio earnestl y emrs • Thompson has in view, and to effect which we solicit the co-operation of the benevolent, is to s ome Y.. 11 r, from the proceeds of this benefit, to sot up in way of business, and thus secure the means of of th is n ° ,for herself and helpless children. . Irrespective striu 111°11 cenient, which surely should untie the pur.se ig,' of the affluent, the entertainments of the evening calii_ e °f a most novel, varied, and interesting character, reso ug into requisition the entire strength and unlimited Matth ews, of Mr. Batty's splendid establishment. Tom 4 the celebrated down, will also on that night, v erai ‘ o u p at .night only, mak e hi s appearance, and sing se ' II" PoPular songs. • RENTALS. Prices Day. - 311 - - 31 - 30 - 111 - 54 - 151 -33 i - 115 - 571 - 28 -14 A - 26 - 19?.: - 3i - 10 - 66 BUSiIIeSS done. - 152 - 151 - 106 34 il lO6 0 d Sie *zees Busine o l) alls 4' 2 101 291 Si 4p ) p p P L p 14 L 2 p 31P a 91 9 1 4 Dar )ar iP 41 3 44 p on a 61 6 20L....--- 11 6 4 6 1 ii i i 310 3 i 7# 41 211 f 11 1 21 2 1 1.11 , si 1 s 551 5 a 2i , gi 95 52 1 rs 5 03 010 B e ef,generli, l fr°° ,orted• 1; lir Veal, e carca se ' base fat B W e tos i,71 3 f lemand 'to t r 1 o 35 101;0 3 0 .k 35 Ou y t F sloop ock wer; iii ttlfr 3310; , „ o r 3s 8 ' r -0 4 ,0 8 fli t o steady, 4oo , go k Fe nf y feJ fq 64_,r .f sto3c k toi gut r o4s; 2d to b 00„, Litton V'3: 800' to 41 Os ; rcilt";'or A. 111 1 ' • i'e t ClO , o ,j t o 4/ 00Lti D l/ 0 r o , ef to „er 41 05 ; 0 1 1 .I°° TTISa e(l ng the It e T r AtlJ En glan id ji sXAVO 1351 ." 1 0 0 NBA?"' 10 11 ° d ,AO l . .l' it iV 7 :l , 2 '. 2 ‘ ; 13' 5 DA r.) ht Rib e"' 'ell" , ; r a r li ° jll l l3 ° °' c.W. Arrl : ll4 ' 3 uebe g -'' . firetiiii, cl do. , n buco ; Quebe c ' fr l e :: London', 1), 0 1' %li* ~ot• et r ived -- itt • allB ; ecVl be. l arc , a ilea , __ p rw , on her , r ,rh kith , FRANCE. DECLARATION BY THE LEGISLATIVE BODY. PARIS, WEDNESDAY. The Legislative Body proceeded this day to St. Cloud. They declared the result of their scrutiny : Ayes 7,824,189 Noes They saluted the Prince as Emperor, by the title of Napoleon 111. At 10 a.m. to-morrow M. Berger, Prefect of the Seine, will proclaim the Empire from the Hotel de Ville. The Emperor will make his triumphal entry into Paris at mid-day. He will ascend the Throne at the Tuileries, and receive the great Bodies of the State. Couriers have been dispatched to all the Courts of Europe. Popular enthusiasm is general. A circular appears from the Minister of the In terior to the Prefects, ordering the proclamation of Napoleon 111. on the days already announced, and with the customary formalities. Although the returns are not yet quite made up, the votes will, according to the Minister, surpass by from 400,000 to 500,000 the number given on the 20th December last. With regard to religious services, the Govern ment, while alive to the spontaneous concurrence of the clergy, announces that this being the poli tical proclamation of the re-establishment of the Empire, the official religious ceremonies are post- poned to another period. The Prefect of Police (says the Galignani) , has published a series of regulations to be observed for preventing accidents } on the occasion of the en trance into Paris of the Emperor Napoleon 111. The circulation of vehicles is to be interdicted on the line to be followed by the cortege between St. Cloud and the palace of the Tuileries, from ten o'clock in the morning until after the departure of the troops forming the line ; but vehicles may be permitted to cross the line until the head of the cortege shall be announced. As the proclamation of the Empire is to take place in the Place de Motel de Ville, the circulation of vehicles is to be interdicted in the Place, and in the adjacent streets and quays, from nine o'clock in the morning until after the end of the solemnity. In the evening, from seven o'clock, the circulation of vehicles, is to be interdicted on the Pont Royal , on the ont de Carrousel, the Quai des Tuileries, the Quai du Louvre, the Rue de Rivoli, from the Place de la Concorde to the Place du Louvre, and in all the streets comprised between them. The carriages of personages going to the Tuileries are, however, to be allowed to Pass. The public buildings are to be illuminated. No scaffoldings, tribunes, or stands can be placed on the line to be followed by the cortege without authorisation, it is expressly forbidden to ascend the trees on the Boulevards, promenades, and public gardens, on the parapets of the bridges and quays, on the balustrades, fountains, and pavilions of the Place de la Con corde, or on the roofs or projections, or on the scaffolding of houses in construction. The Bourse was heavy, and sales were effected ;ith difficulty. The Four-and-a-Half per Cents. closed at 1051. 65c. en liquidation, and at 107 f. 40c. for the end of the month ; the Three per Cents. closed at 84f. for cash, and at 85f. 50c. for the end of the month ; Orleans Railway New Shares, 1,070 ; Rouen, 1,005 f.; Havre, 570 f.; Great Northern, 902 f. 50c. ; Bale, 3721. 50c. ; Paris and Strasburg, 867 f. 50c. ; Paris and Lyons, 955 f. ; Lyons to Avignon, 780 f. ; Western of France, 790 f. ; Caen to Cherbourg, 635 f. ; Bor deaux to Cette, 627 f. 50c. ; New Bank of Credit Mobilier, shares issued at 500 f., 1,400 f. ; Lake Fll6lO, shares issued as 440 f., 47f. BUSINESS DONE IN FOREIGN RAILWAYS IN THE LONDON STOCK EXCHANGE—DEC. 1. Dijon and Besancon, log—Dutch Rhenish, 7—Great Indian Peninsula, 78—Luxeinbourgh (Railway), 54 — Madras, 74—Namur and Liege (with interest), 9k—Nor thern of Prance, 36—Ditto, 201. 3 p. c. Bonds (fmy. B. & Amiens Shares), 15k —Norwegian Trunk Pref., 9—Paris and Lyons, 24—Rouen and Havre, 224—Sambre and Meuse, 12k Upper India Scrip, 6 p.—West Flanders, 58 —Western of France, 20. THE CONTINENT. SPAIN. We learn from Madrid, under date of the 26th ult., that the Epoca having given what is called an unfaithful account of a meeting of opposition Sena tors, five journals which copied the statement had been suspended for so doing ; and consequently af- ter the 27th no other newspapers than the Espana, Ministerialist, and the official journal would appear. 'rhe Cabinet will, therefore, have nothing to fear from the press touching their measure before the Cortes. Madrid Bourse, Nov. 26.—The Three per Cents., ; Exchange on London, 50 80. GERMANY. The following, dated the 29th, has been received yesterday from Berlin : "The president of the Council opened the session this day by a speech, in which he touched on the following points :—The budget has been regulated according to the requirements of the State, and according to the eco nomy and regularity which tradition has handed down. tip to the present time the treaty of September has not obtained the adhesion of all the States of the Zollverein. That is to be regretted ; but the Government is convinced that its conduct in this matter will receive the approba tion of the Chambers. Propositions will be made to the two Chambers relative to the establishments of new communications. The Government will present to them bills on the organisation of the com munes and circles, and on the subject of t he First Chamber ; the latter will have for object to disen gage the Crown from the obstacles which are contrary to the interests of the country. The Government is re solved not to submit to the influence of any party, and to make no attack upon legal liberty. But, on the other hand, it desires that the royal authority shall not be weakened by a division of power, which would be preju dicial to it. The legal course pursued in the develop ment of the Constitution will give an efficacious guaran tee to all rights, and lead to durable results." The Official Gazette of Prussia states that on the 26th ult. the Plenipotentiaries of Prussia and of the States of Thuringia signed the treaty for the prolongation of the Thuringian Customs and Com mercial Union ; and that on the 27th the accession of the said States to the treaty of September 7, 1851, was also signed. THE LEVANT. By the Levant mail we have received Constan tinople journals to the 14th ult., Smyrna to the 12th, and Athens to the 17th ult. The former state that, by Imperial ordinance, Mgr. Anthimos, Greek patriarch, had been dismissed, and the Greek community, consisting of the chiefs of corporations, primates, bishops, archbishops, and notable persons had, in compliance with the recommendation of the Government, elected M. Germanos, ex-patri arch, to the vacant office. The Government, in addition to the measures it had adopted for pro moting education in different parts of the Empire, had sent a number of professors and substitutes to establish schools in Bosnia. The Imperial troops had gained some more advantage over the rebel Druces, at Hauran, near Damascus. Nechel Bey has been appointed ambassador at Athens, in the place of Kabouli Effendi, who has been appointed Secretary to the Ministry of Foreign Affairs at Constantinople. LITERATURE. - - The Colonial and Asiatic Review.—The chief article in the present number is in continuation of a former one on the Upper India Railway. The importance of this subject cannot be questioned. The writer asks—" Is England for ever to remain dependent on America for her cotton ? Are the populous cities and busy marts of India to remain for ever hermetically sealed from the want of roads ?" The great object to be attained is the connexion of Calcutta with the north-west fron tier. The substance__ of the address recently de. livered by Mrs. Chisholm at Newcastle is given. There are interesting papers on Colonial Postage, and a new mode of making Sugar. This number also contains W. C. Bennett's spirited "Death March of Wellington." The Eclectic Review commences with an article i l n n g s t p i t o u r t t o N n a i s t t o h n a al t d de ev o F te r d au t e o e t . he cons dera- The i most interest tion of " Uncle Tom's Cabin," and the works which its asser tions, been published in contradiction of asser tions, which, the writer truly observes, only strengthen Mrs. Stowe's cause. Chambers' Edin burgh Journal contains its usual variety of scientific and entertaining articles, calculated to instruct and amuse all readers. The Pocket Miscellany has reached the twelfth volume. The excellence of this little work at so very low a price must attract pub lic favour. " The Lucky Penny," by Mrs. S. C. Hall, is concluded in Sharpe's Magazine, which has gained much by the late alterations. The illustrations are very pleasing. The plates in Le Follet are unusually pretty this month. They are not this month accompanie d by the sheet of pat terns for embroidery, which was such a useful addi tion to the late numbers. TRH FRENCH GlllDES.—According to a letter from Paris in a Belgian journal, the officers of the squadrons of the Guides will be required to possess an income of 00 f., in addition to their pay ; and they are all to dine together at the same table, under the presidency of the colonel, as in England, contributing to the expense in proportion to their pa. General de Bumigny, in a work y published i n th e reign of Louis Philippe, prop osed that a mess-table for the officers should be introduced into every regiment of the army. THE SUN, LONDON, THURSDAY EVENING, DECEMBER 2, 1852. THE HERO OF SCINDE AND THE "QUARTERLY REVIEW." but after a conflict of three hours, signally defeated them on the Plain of Meeanee ; and that, after the said battle, the said Ameers surrendered themselves, and also the city and fort of Hyderabad : Saith, that on the 10th day of October, 1852, he was informed that in The Quarterly Review for September, 1852, published by John Murray, of Albemarle-street, London, there was an article injuriously reflecting on the official, profes sional, and private character of this deponent : Saith, that his attention was then for the first time drawn to the said article, and that this deponent being resident in the country, he was not able to procure a copy of the same until the 18th day of October, 1852 : Saith, that on said 18th day of October, 1852, he for the first time read the said article in the said Quarterly Review, a copy of which said Quarterly Review is hereunto annexed, and marked with the letter (A): Saith, that said article contains wicked and mali g nant libels, on the official, and professional, and private character of deponent, and was published, as this deponent believes, from corrupt motives, for the purpose of injuring deponent in his official, and professional, and private character, in the estimation of the public, and also to bring him into public scandal, infamy, and disgrace, both as an officer and a Christian : Saith, that the said article in the said Quarterly Review for Septem ber, 1852, is headed in the words and figures following : that is to say, " Art. IV. :-1. Dry Leaves from Young Egypt, by an Ex-Political. Third Edition, 18E. 2. Speech of Viscount Jocellyn in the House of Com mons, on the Case of the Ameers of Upper Scinde, June 23, 1852. An Authentic Report published by request, with Appendix. 3. Parliamentary Papers relating to Scinde, 1836, 1843." Saith, that in a certain part of the said article, there was, and is contained amongst other things, the false scandalous, abusive, malicious, defamatory, and libellous matter following, f and con cerning this deponent, that is to say:—" But let us pass on to the time when the return of our armies from Afghan istan had silenced every voice that was raised against us in Scinde, and for ever stopped the disposition or de sire to cabal for our injury. Outram had some time antecedently proposed to commute the tribute of three lakhs settled by the treaty of Hyderabad as to be paid by these Ameers for the permanent tranfser to us of Kurachee, Shukarpoor, and Sukkur, and he thought the evidence he possessed of the intrigues in which they had engaged was sufficient to warrant the dictation of these terms, which, if accompanied by a relinquishment of all present and future pecuniary claims, would not; he con ceived, be unacceptable to them. But Lord Ellen borough, the new Governor-General, who arrived in February, 1842, and who, in June, had proceeded up the country, and taken upon himself the entire direction of these affairs, deemed the terms too moderate, and direct ed a cession of territory east of the Indus, for reward for the Chief of Bhawulpoor, to be further exacted from the Ameers. Subzulcot had rather recently been wrested by them from this chief ; its restoration, therefore, was not an unreasonable demand to make, in retribution for their faltering somewhat in allegiance. This, we pre sume, was all that Lord Ellenborough contemplated or intended to require from the Ameers by his instructions to Outram, above referred to ; but, by a hasty order subsequently issued on November 3d, 1842, he directed the cession to be demanded of all the territory extending from Bhawl Khan's frontier to Roree, which doubled the mulct to be exacted for these intrigues, and raised the annual sacrifice to nearly eight and a half of rupees out of a revenue in the whole not reaching thirty lakhs. The Governor-General was evidently uninformed in respect to the geographical limits of the Bhawulpoor claim ; but Sir Charles Napier, who had succeeded Colonel Outram at this time, uniting the military com mand with full pohtical powers, though the probable mis conception was explained to him, made no reference to ask what the Governor-General really wished by these second orders, till after he had brought matters to the crisis of the battle of Meeanee and capture of Hydera bad :" Saith, that the charge of misconduct herein made against him, namely, that although the probable miscon ception on the part of the Governor-General, in respect to the geographical limits of the Bhawulpoor claim, was explained to him, this deponent, yet that deponent made no reference to ask what the Governor-General really wished by the second order, till after he had brought oeps H t to y nahtni d ehdcn e eeo r t p a , mfvtbai immediately,a January, ju d naoe , nro i s uonafo e rtt n yhuh t ,te i r e awpß ae part tnow f ta a teomh l if s pae e i ttnolhy : oe: S r dhs a ouea i n pr t i Ideli claim,hcLae that deponent was matters to the crisis of the battle of Meeanee and capture o informed, on or about the 27th day of January, 1843, by of m th was ete2ar dBn p t tdo r h o Lt Ellenboh of a a b rttdb l h y heeeEr,es alme somethisgnhe. as bo r o u gh, an whod belief,wa then, withinto theabe about best i eight t this e, post deponent's ef h in formationm this deponent, in the following language, that is to say : "It is right to i n f orm your L or dship that I have been told your Lordship said you had given Bawul Khan, the Nawab of Bhawulpoor, 16,000/. a year. The value of Subzulcot and Boongbarra is about that sum, but the country between the latter and Roree is, the latter included, about 44,0001. a year, and forms the great difficulty in settling with the Ameers of Hyderabad. They say it wholly ruins them, and all dependent on them :" Saith, that on the 30th day of January, 1843, he, deponent, again wrote to the said Lord Ellenborough, in the following language :—" With regard to the rich district between Boongbarra and the town of Roree, the loss of which presses very heavily on the Ameers of Kyrpoor, and, in fact, has thrown them into consterna tion, perhaps your Lordship would either allow them to retain it, or permit me to consider the subject in detail, and lay before you some project less painful to the feel ings of the Ameers :" Saith, he received no reply to either of the said letters until after he had been forced to fight the said battle of Meeanee, though this deponent might have received an answer several days previous to the battle of Meeanee, but the Ameers had cut off the communication of this deponent's army for some time : Saith, that during the whole of the operations in Scinde he never suppressed any information from the said Lord Ellenborough, but kept him fully and immediately in formed of every important fact, and during the whole of the operations he acted in strict obedience to the orders which were issued to him by the said Lord Ellenborough : Saith, that in another part of the said article there was and is contained, amongst other things, the false, scan dalous, malicious, defamatory, and libellous matter fol lowing, of and concerning this deponent, that is to say : " But this is a minor point in the career and proceedings of this officer. General England's division of the Kanda har army had already descenc:ed the passes into Scinde, so as to be out of all danger. When Sir Charles Napier first arrived to take upon himself the joint functions vested in him by the Governor-General, he had never before served in India, and knew none of its lan guages, and very little of the customs or habits of the people ; but he appears to have gone into Scinde predetermined to embroil matters and produce a crisis." Saith, that the charge of misconduct herein made against him, namely, that deponent had gone into Scinde predetermined to embroil matters and produce a crisis, is false : Saith, that in said article there was, and is con tained among other things, the false, scandalous, mali cious, defamatory, and libelous matter following, of and concerning deponent, that is to say :—" On passing through Hyderabad on his way to Sukkur, the head quarters of the array of Scinde, he made four peremptory demands from the Ameers there without troubling him self much to enquire whether the strict letter of the trea ties they had signed warranted his enforcement of them :" Saith, that the said charge made against him, namely, that he had made four peremptory demands, is false : Saith, that he was not guilty of misconduct therein im puted to him, namely, that he had made demands from the Ameers there without troubling himself much to en e (03h l i a d et he r complaint warranted the h strict av n his eb l eeetent been re made of eae dme t h e tn e ot ed t e r ep e i treaties mt tbh:ye Saith,yL aeAiu BCI . t t h i e uirgn n a a t e w a tenant at and Lieutenant Gordon, the tw o p olitical of the British Government of Kurrachee and Hyderabad respectively, that the Ameers had violated two important articles of the existing treaty between the British Government and themselves, he, deponent, did, on the 25th day of September, 1842, write and send a ,etter to the Ameers of Hyderabad, of which the follow mg is a copy : against the consequences of permitting such conduct. Saith, that, by an arrangement between Meer Roostum, said to be above 85 years of age, and Meer Ali Morad, a man about 30 years of age, his legal heir appa rent to the Turban, or Chieftainship, the former resigned in favour of the latter the Turban or Chieftainship of Upper Scinde, and the lands and possessions appertain ing thereto. That the Fort of Emaunghur formed a portion of those possessions, and with the consent of Ali Morad, and understanding it was full of armed men, as • sembled for war, he, deponent, marched against it with a detachment of his army, and found it deserted, but containing a large magazine of gunpowder ; and with the consent of the said Ali Morad, he, deponent, de stroyed the said fort. That at Emaunghur, he, depo nent, issued a proclamation, inviting the Ameers of Upper and Lower Scinde to meet Major Outram at Kyrpore, as his, deponent's commissioner, or to send vakeels or authorised agents to arrange and complete the new treaty ; and fixcd the 20th January, 1843, for the purpose ; but the day was afterwards extended to the 25th January, 1843. That on the 23d of January, 1843, he, deponent, was rejoined by the main body of his forces : Saith, that on the day appointed for the con ference, no vakeel came from the Ameers of Upper Scinde, and those who came from Lower Scinde, with one exception, had no power to treat. And he, depo nent, learned from his scouts, that large bodies of armed men were hurrying towards Hyderabad ; nevertheless, the vakeels of Lower Scinde were sent back with com pliments, and deponent extended the time for treating until the Ist February, 1843: Saith, that Major Outram, at his own urgent request, was sent to Hydera bad ; he, Major Outram, stating that he believed he could bring the Ameers to execute the treaty. And, ac cordingly, deponent saith, on the 28th January, 1843, he wrote to said Major Outram in the following language : " I have now waited long enough for the authorised vakeels, and I think you may proceed to Hyderabad, if you think so doing likely to prevent bloodshed and re concile the Ameers to the draft treaty, so far as being amenable to it can be called reconciliation. lam most anxious that they should not resist ; I am sure they will not resist by force of arms, but I would omit no one step that you or any one thinks can prevent the chance of it. I think you may probably do good, and not the less for my movements in that direction. I wish you would write to Meer Roostum, to say that I will receive him with every attention to his comfort if he comes to my camp :" Saith, that on the 30th January, 1843, he, deponent, again ex tended the time for treating to the 6th February, 1843, and on that day the deponent wrote and sent a letter to the said Major Outram, in the following language : " I have seen the Hyderabad deputies ; I have ordered them to meet you there on the 6th of February, and you are to tell me directly whether or not they have brought the deputies of Meer Roostum and the others with the prescribed powers ; if they have, I wait the result of negotiations; if not, I march against them as an enemy on the 6th. Iby no means feel authorised in granting this delay, but I am willing to do all I can to save the mis chief that will fall upon these Ameers if they will not meet you." That this deponent, on the 31st January, 1843, reached Nowsharra, on the borders of Lower Scinde, and halted five days more. That deponent was again assured that large bodies of troops were collecting in his front. That the orders he, this deponent, had re ceived from said Lord Ellenborough, to disperse all armed bands, were positive, and on the 6th of February, 1843, he, this deponent, advanced again (but only 8 miles) towards Hyderabad. That on the Bth of February, 1843, the said Major Outram reached Hyderabad: That deponent marched to Sukkerand, 60 miles from Hyderabad, and halted again at Major Outram's request, in order to give further time to the Ameers to sign the treaty : That on the 11th of February, 1843, he (this deponent) received a communication from Major Out ram, assuring him, deponent, that no armed bands were assembled, those who remained being only the necessary attendants of the Ameers ; but deponent saith that on the 12th of February, 1843, be, deponent, arrested 25 armed men, well mounted, and passing near to his, de ponent's, camp ; and on the person of the chief of such armed men, deponent found letters from Meer Maho med, one of the Ameers of H y derabad, urging the chiefs of one of the most powerful tribes of Beloochistan to join him with all their retainers , and re q uesting them, so soon as the said letter should be received, to collect all their forces of every description, and every disposable person, and meet him (the said Ameer) at Meeanee ; and s t a ting that the Ameer in questi on would himself march with a force of Belooches i n that direction on the 9th of February, 1843, and would halt to arrange his plans at Meeanee Saith, that on or about the 12th of Feb ruary, 1843, the Ameers of Upp er and Lower Scinde, with one exception, affixed their names and seals to the new treaty : Saith, that deponent was informed that the Mahomedan festival called the Moharem was then cele brating, and that it would be impossible for the Ameers to assemble their warriors until the approaching termi nation of that festival ; but that the termination of the same would result in the as semblage of fighting men to the number of from 60,000 to 70,000 men ; and the de tention of the letter before mentioned to have been found upon the said chiefs, showed to this deponent that the delay sought by the said Ameers was for the purpose of being enabled to assemble the above number of men, and deponent felt that the danger menacing deponent and his small army, amounting to about 2,000 men, was imme diate and appalling, and could only be forestalled by ra pidity : That on the 13th of February, 1843, he, this deponent, wrote as follows to Major Outram : " Sukkurunda, February 13, 1843.—My dear Out ram,—On the 29th of January, Meer Mahomed's deputy, with full powers, assured me his master was our friend, and agreed to the treaty, and was intercessor for Meer Roostum, with every protestation that his peace was made for ever with us—he had no interest beyond friend ship in what he did for Roostum. On the 2d of Febru ary all these protestations were repeated, and on the 2d or 4th of February he summons his whole force, of every description, to meet him in arms. His prayer that I would not march towards Hyderabad for fear of alarm mg Roostum's nerves, who was so kind, was capital. These were Gholam Khan's words, who, as you see, was also at work in his vocation as plenipotentiary. The whole neighbourhood of Hyderabad swarmed with armed Belooches, as, does every village in this neighbourhood. I will send this letter of Meer Mahomed to Lord Ellen borough ; and so you may tell him, if he chooses to play this game, he must make up hi s m i n d to take the conse quences. The begging me to be quiet till the 9th, and telling me I had promised to b e so ( w hi c h I ne v er did), was capital. They are neith er b a d po li t i c i ans nor b a d soldiers in their way, but did not expect I would take measures to get their letters. lam waiting anxiously to hear of the signatures. Be so good as to make Sobdar liP to us (directly) 1,200 maunds of rice. Direct these and maunds our f d fi e a o r u r r a i e n n d d 5 25 s o end supplies on Halla, where I shall be on the 15th.—Yours faithfully, C. J. NArIER.--Th e Ameers must sign them selves, of course, as Lord Ellenborough does.-1 o'clock, p.m., February 13, 1843.—Your letter of yesterday is this moment come. I have not moved an inch, so what the Ameers mean by `my continued march' is, when coupled with the papers I send you, very plain. I got yours (asking me t o halt one day) s t a nt, and I have nev e r budged. I intended to march yesterday, when you r se cond letter, asking for another day, here, on the 10 th in me (the 11th I think —I have no time to look). Again I put aside all idea of moving, giving three days where they had through you asked for two. What me ?—‘ Why do you stop me ? Th ere are 600 armed and assembled in the villag e o f within six toss of you I neither can nor will h alt now. Their obje ct is ver y plain, and I will not be their dupe. I shall m arch to S ywdabad to - morro w, and next day to Halla, and attack every b o dy of armed men I o - was plenty e then ty s:veeer:hwe of LTYattsKhan, the prisoner, to r e . ' meet, according to m y ord ers, to defer any lon g e r , as no move has been made and which it would be for four days, and my sick-list i ncreas i n g, it would be to , betray the troops to delay another day ; and if the treaty was not signed on the 12th, according to their promises there can rema in no doubt of th e f ac t that they have on n the using 1 lih when been get over knew that I had halted, the Moharem, as they could not soone r collect thei r troops. I to -da y send off every , trick h e t A. O m g e e the letter cf Meer M . ahorned to Lord Ellenborough. I do hope, my dear frlend, that you will see the very peril ous ground on which rI st an d . The troops have Lord Ellenborough 's order on . their side ; and I have delayed from first to last, at risk of their lives and my own . c haracter as an o fficer, tnot the eleventh but the twelfth hour. If men die i n consequence o f m y d e lay, their blood may be justly charged to my account.—Be lieve me, yours, &c., The following is a copy of the affidavit of Sir Charles Napier, upon,which Mr. Chambers, Q.C., grounded his application to the Queen's Bench for a criminal informa tion against the publisher of the Quarterly Review. Affidavit of Sir Charles James Napier, of Oaklands, in the county of Hants, a Lieutenant-General in the Army, a Knight Grand Cross of the most Honour able Military Order of the Bath, and Colonel of her Majesty's 22d Regiment of Foot.—Sworn 17th No vember, 1852. Saith he, deponent, entered the army in the year 1794, and served in the Irish Rebellion in the year 1798, that he served throughout the greater portion of the Penin sular war, in the West Indies, and also in the American war, and a portion of the campaign of 1815: Saith that he served for eleven years in the lonian Islands, and during nine of those years he filled the post of Resident of the Island of Cephalonia, and was entrusted with the entire gov e r nment of the island ; that in the year 1839 he was appointed to the command of the Northern District of England, and retained that post until 1841, when he re ceived the appointment of Major-General, commanding the Poona Division of the army in the Presidency of Bombay, and on the 26th day of August, 1842, he was appointed by the present Earl of Ellenborough to the post of Major-General commanding in Scinde and Be loochistan, and was charged also with full political power in that country : Saith, that he retained the said office until the 6th day of March, 1843, when he, deponent, was appointed Governor of Scinde, and continued to hold the said last mentioned appointment until the month of of October, 1847: Saith, that in the month of March, 1849, he was appointed Commander-in-Chief in India, and retained the said appointment until the month of February, 1851: Saith, that the present Earl of Ellen borough held the office of Governor-General of India during the whole of the military operations in Scinde, hereinafter mentioned and referred to ; and deponent was subject to the orders of the said Lord Ellenborough during the whole of the said military operations in Scinde : Saith, that he arrived in Scinde during the month of September, 1842, and shortly afterwards pro ceeded to Sukkur, the head quarters of the army. That Scinde was then divided into Upper and Lower Scinde the former being ruled by Meer Ro ostum, and Meer Ali Morad, under the title of Ameers of Upper Scinde, whose capital was Khyrpoor ' • and the latter, by certain Princes called the Ameers of Lower Scinde, whose capital was Hyderabad. That these Ameers acted independently of each other, but were all relations, the Ameer Roostum being the eldest, and considered the head of the family. That previous to this, deponent's arrival in Scinde, cer tain treaties had been entered into between the English Government and the Ameers both of Upper and Lower Scinde. That upon deponents arrival at Sukkur he found orders from Lord Ellenborough, the then Governor- General of India, in the following terms,—" Should any Ameer or Chief with whom we have a treaty of alliance and friendship, have evinced hostile designs against us during the late events which may have induced.them to doubt the continuance of our power, it is the present in tention of the Governor-General to inflict upon the treachery of such ally and friend, so signal a punishment as shall effectually deter others from similar conduct ; but the Governor-General would not proceed in this course without the most complete and convincing evi dence of guilt in the person accused."..."The Governor- General relies entirely on your sense of justice, and is con vinced that whatever reports you may make upon the subject, after full investigation, will be such as he may safely act upon." That in pursuance of such orders and instructions, he, this deponent, proceeded to examine, to the best of his ability, into the truth of certain charges which had been made by Major Outram, who had held the office of political agent in Scinde previous to the appointment of this deponent, both against the Ameers of Upper and Lower Scinde, two of the charges which were established to the satifaction of this deponent being as follows,—one against Meer Roostum, of having cor responded with the Maharajah of the Punjaub with hos tile designs towards the British forces during the war in Affghanistan, the other against Meer Nusseer Khan, one of the Ameers of Hyderabad, of having urged the chief of the tribe of Bhoogties to fall on the British army. That the defence of the Ameer Nusseer Khan to the charge against him was that his letter was said to have been intercepted, and upon which the charge was founded, was a forgery : Saith, that in order to obtain the proofs of its genuine character, he procured an ac knowledged seal of the said Nusseer Khan, and com pared it with that which had been intercepted, measur ing each with compasses, and observing. a difference, he, this deponent, was then assured that the Ameers had two seals, differing in size, in order to deceive, upon 'which, he, this deponent, desired that the second seal should be brought to him, deponent, by the person who had brought him, deponent, the intercepted letter, but he, deponent, was unable to procure it, and notwith standing that, he, deponent, was assured that the letter was authentic, he, deponent, refused to accept the evi dence ; after several days, he, deponent, obtained an authentic paper with the secret seal of the said Nusseer Khan, and found that it was exactly similar to that on the intercepted letter : Saith, that the only defence made to the similar charge against Meer Roostum, was that the letter was written by his Minister, and not by himself : Saith, the deponent reported to Lord Ellenborough every step that he had taken, and he, this deponent, received from the said Lord Ellenborough, the draft of a new treaty, with directions from the said Lord Ellenborough to present such new treaty to the Ameers of Upper and Lower Scinde, and one of the clauses in the said treaty was, that that portion of the territory of Upper Scinde extending from Bhawulpore to Roree, part of which called Subzulcote and Boongbarra, had been some years before forcibly wrested by the Ameers of Upper Scinde, from the Khan of Bhawulpore, an ally of the British Government, should be given to the Khan : Saith that he received a letter from the said Lord Ellenborough, of which the following is a copy : " Camp Buddee, Nov. 24, 1842. " General,—l had the honour of receiving this morn ing your letters of the 17th instant ; you are much more competent to decide on the spot, as to the authenticity of the letters attributed to Meer Nusseer Khan and Meer Roostum Khan than I am here, and I am prepared to abide by, and to support your decision. 2d. Undoubtedly, Meer Roostum Khan must be held to be responsible for the acts of his Minister, Futteh Mahomed Ghoree. 3d. With respect to the escape of Synd Mahomed Shu reef, the evidence of Futteh Mahomed Ghoree having assisted in that escape, seems to be as conclusive as an y evidence likely to be btained upon any point connected with the conduct of a native chief. If a Government were to wait in every case of suspected hostility, until it obtained such proof of the hostile intentions, as would be sufficient to convict the person suspected, in a court of justice, it would, in most cases, expose itself at once to disgrace and disaster. It is necessary to proceed upon a strong presumption of intended hostility, where hesitation might seriously affect great national interests. Your force being now collected, I am disposed to think that no delay should take place in communicating to the Ameers, the ultimate decision of the British Government, with respect to the revision of our engagements with them, which their conduct has compelled us to demand. The heat is so great on the Lower Indus, that it is ne cessary to take advantage of the earliest period adapted to military operations. To the employment of Major Outram, as commissioner, for the adjustment of the details of the arrangement, I have no objection, but as you inform me that he is at Bombay, it will be impossi ble that he should return in time to be the bearer of the letters you will address to the Ameers. His return to Scinde, to adjust the terms of the final settlement, will be a step not liable to misinterpretation. To wait for his return would be a step which, to the Ameers, would seem to evince hesitation, and would, therefore, seri ously prejudice the negotiation ; but really, of negotia tion there should be but little. We make a demand we believe to be just and expedient, and we are prepared to enforce it. If you should not have detained the bri gade under Lieut.-Colonel Wallace, it would be desir able to recal it, or, at least, to halt it, upon making your demands. lam very desirous of effecting our pur pose without bloodshed, and the presence of a prepon derating force may enable us to do this. The statement you have transmitted to me, as to the relative cost of coal and wood for the steamers, renders it impossible to waive the modified demand as to the right of cutting wood on the banks of the Indus, which you are now instructed to make.—l have, &c., ELLENBOROUGH." Saith, that in consequence of the aforesaid letter, he, deponent, presented the new treaty to the Ameers of Upper Scinde, on the 4th December, 1842, and to the Ameers of Lower Scinde on the 6th day of the same December, which was accepted by all the Am eers, and that on the 18th and 19th of the same December, a por tion of the troops under this deponent's command, pro ceeded to take possession of the aforesaid districts be tween Bhawulpore and Roree, and handed over the districts of Boong Burro, and Subzulcotel to the Khan of Bhawlpore, by the directions of the said Lord Ellen borough ; that deponent desiring the presence of a com missioner, to settle the details of the new treat y with the said Imeers, and believing that Major Outram, who had for some years previously to this deponent's appoint ment, held the office of political agent in Scinde, and was personally known to, and on friendly terms with the Ameers, would be the person most likely to induce their acceptance of the treaty without bloodshed, applied to the Governor-General, the said Lord Ellenborough, to be allowed to name that officer, which request was granted, and Major Outram received the appointment of commissioner accordingly : Saith, that having on the 14th December, 1842, forwarded to the said Lord Ellen borough, certain letters of submission which had been sent to deponent by Meer Roostum Khan and Meer Nusseer Khan, of Hyderabad, he, this deponent, receivedin answer thereto, a letter from the said Lord Ellenborough, which was in the words and figures following, that is to say : " Ferozepore, December 20, 1842. " General,—l have received your letter of the 14th, inclosing the letters of Meer Roostum Khan, and of Meer Nusseer Khan, of Hyderabad ; nothing said or done by the Ameer's, will, in the least degree, alter my general determination as already announced to them by you. The continued collection of troops by the Ameers is totally inconsistent with their declaration of submission, and I conclude that you will have already insisted upon the dispersion of those troops, and have enforced your requisition by a movement towards Khypore, should it not have been at once obeyed.—l have, &c., ELLENBOROUGH." Saith, that having received inforinationthat the Ameers were collecting forces in great numbers, and that depo nents letters had been intercepted by armed bodies in Upper Scinde, and that attempts were made, as he, de ponent, believes, to tamper with her Majesty's forces as well as the native troops under his command, by per sons in the pay of the Ameer Roostum Khan, deponent accordingly cautioned the said Amer Roostum "Hyderabad, September, 25th, 1842. " General Napier has been informed—first, that your Highnesses have prohibited the inhabitants of Kurrachee to settle in the Bazaar—second, that you have ordered everything landed at the Bunder to be in the first in stance taken to the custom-house and taxed—third, that your Highnesses levy tolls on the coals belonging to the subjects of Scinde—fourth, that your Highnesses ground your infraction of the articles, words, and spirit of the treaty, upon article 5 of that treaty. Upon the above four points, General Napier does in the most explicit manner state that—first, that the Governor-General of India will not suffer the slightest infraction of the treaty -second, that article 5 of the treaty does not and can not guarantee to the Ameers the power to break any other article of the treaty, still less the spirit of the treaty throughout. No complaints made by the sub jects of the Ameers against their princes have been lis tened to by the British Government. The complaint is made by the British themselves, that the Ameers have broken the treaty regarding tolls—that they have insi diously endeavoured to cut o ff the supply of provisions from the said cantonments, and to interfere with the re gulations made within those cantonments ; and General Napier therefore informs the Ameers that they must at once punish the acting political agent, Lieutenant Mylne, with an order to the Kardar of Shukd irec arpoor, t toll di recting him to abstainfrom every direct or in on boats, whether they the said boats belong to Scinde or otherwise ; and a second order to the authorities of Kurrachee commanding them to refrain from any the slightest hindrance to the convenience and supplies of the inhabitants within the British cantonments mast station. Instruction s shall be given to the Bazaar ter that he may render any assistance in his power to the revenue officer of their Highnesses, in order to prevent smuggling from the cantonents into the town of Kurra chee ; and every person det m acted in such an offence shall be delivered over to the Ameers. If the Ameers decline to give these two orders, General Napier will report the same to the Governor-General, whose displeasure it is hoped their Highnesses will not be willing to incur by an i n f r ingement of the treaty, and thereby break the friend ship existing between their Highnesses and the British Government." Saith, that in another part of said article, there was and is contained amongst other things, the false, scan dalous, defamatory, and libellous matter following, that is to say : "There had been a feud raging for some time amongst the Kyrpoor Ameers, Meer Roostum naturally wished to secure the succession to his eldest son, Meer, or Ma hornet Hoassem. This, however, was opposed. by Ali Morad, who, as next living brother, claimed a superior right to the chieftainship by the custom of the family, as evidenced by the course of succession at Hyderabad. This feud had shortly before reached the point of a regu lar battle at Nonnuhur, where the facti on of Ali Morad obtained the victory, and a hollow treaty was then con cluded, the conditions of which, settling the territorial rights of the respective chiefs, were for greater soleranity " C. J. NAPIER." the treaties that they, had si g ne d from the perso n to wh S o a m i th t , h t e h y a h t a t d h e A been ee nm Intrusted,eersof Hyd era b a d o bt a i n ed back and tore them to pieces, trampling them under foot : Saith that on or about the 14th day of February, 1843, he, thi s d eponent, rece i ve d a letter from the said Major Outraan ) of which the follow ing is a copy.— raeer s have sent to say " February 13th, 12 a.m. e — b The m —A e quit e uncontrollable, have taken an oath on the Reran to have (term) tha ‘ t ‘ li th y e de ß a e r lo S o ir ch C e ll s Yageo, unless Roostum is righted ; ref use to obey them in any way. They b e g me to leave as soon as possible, and give the advice from pure friendship, &c. &c. lam told that immense numbers are flockin g Charles to the city, and find that all the sheep and bullocks have been driven off from this neighbourhood, whether by order to starve us off, or by the people for fear of being plundered by the Belooches, I know not ; but I have told the officers of the steamer to send to the other Bide of the river for supplies, to enable us to hold the agency y if the Belooches do attempt to bully, which, of course, I shall not quit. —Very sincerely, yours, J. OnTRAIL—I sent up all the men of the 22d, whom I had previously stopped, as I find from Captain Conway, that the convalescents you alluded to were expected to be sent down from Sukkur, not those coming from ICurrachee. They left yesterday morning, and the Planet is now the only steamer here. Another 100 men would make us secure against all the Belooches in the country, as enabling us to keep our communication with the steamer, which is 300 or 400 yards off ; so that, perhaps, it would be a good plan to send the Satellite down to us with some provisions also, as our supplies would, off course, be cut off. I find the 22d Light Company have only 40 rounds of ammunition. I find Nusseer Khan (u t ypoor) is still here. I should hope you will not bring the army on this side of liana ' unless you hear of hostilities actually b e i ng commenced, because I really believe the Ameers are doing their best to disperse the Belooches : and, if they do so, perhaps it may not be necessary. 'A small reinforcement to us in the meantime, I should think ample precaution." Saith, that on or about the 15th day of February, 1343, the said Ameers attacked, with 8,000 men, the residency in which Maj or Outram resided, and forced him to retreat on board his steamer, and deponent, still in obedience to Lord Ellenborough's order, to disperse all armed bands ; and being informed that from 30,000 to 40,000 men were in his front, marched on, and on the 17th February, 1 843 , came on the Belooch army, drawn up in position to receive him. That he, this deponent, was immediately attacked by the said Belooda army, .sum s_ pore, and this portion deponent by the orde • 3: said Lord Ellenborough restored to the Khan IV that these proceedings adopted by him, depo wards Meer Roostum and the other Khypoor were adopted not at the instigation of Ali Mor the order of the said Lord Ellenborough : Saith another part of the said article, there was and is con- r i 5 5 41 . 4. 4 tained amongst other things the false, scandalous, mali cious, defamatory, and libellous matter following, of and concerning the deponent, that is to say—" So much for the punishment of the Khypoor Ameers having effected this seizure and confiscation with a promptitude and vigour that in a better cause would have won our admi ration, Sir Charles hurried down to call the Ameers or Hyderabad to a similar reckoning. Colonel Outram was still there as British negotiator, but the harshness of the demands made since Sir Charles had arrived in Scinde, induced these Ameers to doubt our real inten. written on the fly-leaf of a Koran. The rival princes, however, still retained their positions in arms, and it was represented at Sukkur that in fact , the purpose of both was hostility against us : Sir Charles Napier thereupon moved rapidly with a body of troops towards Khyrpoor, a measure not at all calculated to allay the alarm he knew to be felt there. When Meer Roostum, solicited a meeting for purposes of mutual explanation, it was for some unaccountable reason peremptorily refused ; nor would Sir Charles, either by letter or by message through an assistant, state the nature of his intentions, or do anything to relieve the chief from his anxiety. Ali Morad, his treacherous brother, did his best all the while to work on his fears, and make the old man believe that even his person would not be safe if he trusted himself at an interview with the General. Nevertheless he sought it earnestly, and only after being refused the means of stating his readiness to submit in all things to the wishes of the British Government, did he yield to his brother's insidious suggestion to • trust him with the whole negotiation." Saith, as to the charge herein made against him, namely, that when Meer Roostum solicited a meeting for the purpose of mutual explanation, it was for some unnaccountable reason peremptorily refused, that on or about the 9th of November, 1813, deponent received a request from said Meer Roostum, that he said Meer Roostum should have a meeting with deponent : Saith, that he immediately acceeded to such request, and ac cordingly fixed a day for that purpose. And also that said meeting should take place at Roree : Saith, that as he deponent was ready to step into his boat to attend said meeting or conference, he received a message from said Meer Roostum, that he, said Meer Roostum, could not attend. That this deponent felt much indignation at being thus treated, and accordingly when he deponent received another request from said Meer Roostum to meet him said Meer Roostum four miles from his depo nent's head quarters, he deponent refused a second time to expose himself to similar treatment : Saith, that the charge made against him, viz., that this deponent would not, either by letter or by message through an assistant, state the nature of his deponent's intentions, or do anything to relieve this chief from his anxiety, is entirely false : Saith, that he deponent did during the month of December, 1842, receive a secret message from Meer Roostum to the effect that, being 85 years old he was oppressed by the younger members of his fainily, and desired a refuge in the British camp ; and that, in consequence of said message, he deponent did in the month of December, 1842, write and send a letter to said Meer Roostum, of which the following is a copy : " Highness,—My own belief is, that personally you have ever been the friend of the English, but you are helpless among your ill judging family. I send this by your brother ; listen to his advice, trust to his care ; you are too old for war, and if battle begin how can I protect you. If you go with your brother, you may either re main with him, or I will send an escort to bring you to my camp, where you will be safe. Follow my advice ; it is that of a friend. Why should I be your enemy ? If I was, why should I take the trouble to serve you ? I think you will believe me, but do as you please." Saith, that said letter is published in a book entitled, "Correspondence relative to Scinde, supplementary to the papers presented to Parliament in 1843 ; presented to both Houses of Parliament by command ofher Majesty, 1844 ;" and printed by order of the House of Commons : Saith, that to the best of his knowledge and belief said supplementary book is in continuation of the papers re ferred to in one of the headings to said article in said " Quarterly Review" for September, 1852, in the words and figures following (that it to say), " three parliamen tary papers relating to Scinde, 1836-1843: ' Saith, that notwithstanding aforesaid letter said Meer Roostum did not come to the camp of him this deponent : Saith, that during the month of December, 1843, he this deponent again requested said Meer Roostum to grant him deponent an interview, but said Meer Roostum re turned no answer to said request : Saith, that in the month of January, 1843, he this deponent again re quested said Meer Roostum, through said Major Outram, to grant him this deponent an interview, but said Meer Roostum did not grant such interview : Saith, that in another part of said article there was and is contained amongst other things the false, scandalous, malicious, defamatory, and libellous matter following, that is to say, " Captain Brown, an old assistant of Mr. Ross Bell, who was still surrounded by the Delhi native officers, with whom Ali Morad was in good understand ing, was at this time the confidential adviser of Sir Charles Napier. Through this channel Ali Morad con trived soon to obtain influence. Having procured the commission to negotiate on behalf of Meer Roostum, and for the Khyrpoor family in general, he represented the old chief to the General as intriguinc , to deprive himself of his rights, and fomented the belief that he only was faithful, and that his rivals were armed and prepared for resistance. He thus obtained from the General an assurance that Meer Roostum would not be Permitted to invest his son with the turban to the pre judice of the brother's claim, and receiving an exhorta tion to be faithful was led to hope by the very terms in which this was conveyed that an anticipated investure was within his reach by causing a forfeiture for infi delity. Using Sir Charles Napier as the tool and instru ment of this base intrigue, he induced him still to refuse Meer Roostum an interview, and took a writing to that effect from the General, which contained, besides the refusal to see the old man, a recommendation to him to abide in all things by his brother's advice. He then made his victim understand this exhortation as an injunction to abdicate in his own favour. Unwillingly, Meer Roostum consented, and the terms of abdication were settled in a family conclave on a Koran, Meer Mohamed Hoossein, the son, alone continuing absent, and refusing to be a party to the arrangement. The false brother, not content with having succeeded thus far, still urged to Meer Roostum the danger of com ing near the General, who desired, he said, to make him prisoner, and thus induced his aged brother to fly to the desert for security. This flight Sir Charles Napier con strued as an act of confirmed hostility, warranting the forfeiture of all the chief's estates and property. With the full concurrence of Ali Morad, nay, even at his in stigation, the scheme of forfeiture was carried out with a sweeping hand, the persons of all the Khyrpoor Ameers were seized for the British Government, with exception of those of Ali Morad, to whom was assigned his patrimonial estates, a separate appanage for the turban. In the settlement of these assignments the re cord inscribed on the Koran at the time of Meer Roos tum's abdication, viz., on 29th of December, 1842, was received as conclusive evidence of both titles, and Ali Morad was placed in possession of all the villages and pergunas there inscribed as belonging to him either by right of inheritance or as attached to the turban. It was represented, even before Sir Charles Napier left Scind, that this record had been falsified, but no endeavour mas made to ascertain the truth of that allegation. While the General remained, Ali Morad, it appears, had changed the word, delv,' meaning village, into per guna, meaning district, besides making other additions. Fearing that the alterations would be detected, he sub sequently caused the whole fly-leaf of the Koran to be ab stracted, and a new leaf, fairly written, to be inserted in its place. Finding or recollecting that a copy of the original had been taken for deposit amongst the official records of the province, he was compelled, by bribery and intrigue, to procure that that also should be changed, so as to be made to correspond." Saith, that the charges herein made against him, viz., that he, this deponent, refused Meer Roostum an interview, and gave Ali Morad a writing to that effect from him, deponent, which con tained a refusal to see the old man, is utterly false. Saith, that the charges herein imputed to him, viz., that he, deponent, construed the flight of Meer Roostum as an act of confirmed hostility, warranting the forfeiture of all the chief's estates and property, is entirely false. Saith, that the charges made against him, viz., that with the full concurrence of Ali Morad, nay, even at his inst gation, the scheme of forfeiture was carried out with a sweeping hand ; and that the possessions of the Khyr poor Ameers were seized for the British Government, with exception of those of AU Morad, to whom was as signed, besides his patrimonial estates, a separate appan age for the turban, are entirely false. Saith, that no forfeiture of said Meer Roostum's estates and property was consequent upon the flight of said Meer Roostum. Meer Roostum that no forfeiture of the p ro p ert y of said Roostum was carried out by deponent further than the resumption by the British Government, on account of the Khan of Bhowulpore, of the districts of Subzulcot and Booughbarra, and the other portions of the country which deponent was directed by said Lord Ellenborough to take possession of previous to the flight of Meer Roos tum. Denies, that, with the foregoing exceptions, the possessions of all or any of the Khyrpoor Ameers were seized for the British Government, or that any separate appanage for the turban was assigned to Ali Morad by deponent or by the British Government, but by the law of the country. Saith, that the charge imputed to him, viz., that although it was represented, even before depo- I neat left Scinde, that the record inscribed in the Koran at the time of Meer Roostum's abdication had been falsi fied, but that no endeavour was made to ascertain the truth of that allegation whilst deponent remained, is en- , tirely false. Saith, that during the period in which de ponent was Governor of Scinde, he deponent discovered that said record had been falsified, and immediately took steps for inquiring into the matter ; that defendant, im mediately before he left Scinde, secured the acquirement of the original leaf which had been extracted from the Koran, and so placed the proof, upon which the subse quent inquiry was founded, in the hands of the successor of deponent in the administration of the province of Scinde. Saith, that in another part of said arti9le was and is contained, amongst other things,° the us matter scandalous, malicious, defamatory, and following, of and concerning deponent, matters of undoubted " The whole villainy of Ali andMorad,ilaihibsaetcoinsstuomsmaya—te treachery to his brother, are now history, yet it was at the instigation IsT ier adopted his vio of this chief, and to carry out his views, that Sir C. aP the a nodth to lent proceedings against Meer Khyrpoor Ameers. To the oßve°rnsotilmr-Grelral the authorities and public of thhis e co co u n n fi t s r e y a , ti h on e s re w p h re ic s h en f t o e l d . the forced abdication, and t . d lowed, as a just punishment inflicte on afa th ithless ally. m ust suppose at he w In charity to Sir Charles, the dupe of Ali Morad we 's artifices. Even granting, as how ever, that the misch ief sprang from his inability to dis criminate between the honest man and the villain, be tween the fidelity o f a well-meaning, o p en-bearted fri end and the designs of an unprincipled intriguer, seeking for power even at the price of the ruin of every mem ber of his own family, the result has been most da maging to the British reputation, not only in India, but wherever the report of these transactions has a spread." Saith that the charge herein made against him,- vi z. that it was at the instigation of the Chief Ali Morad, and to carry out his views that this deponent adopted his violent proceedings against Meer Roostum and the other Khyrpoor Ameers is entirely false : Saith that deponent crossed the Indus by orders of the said Lord Ellenborough, and took possession'of a portion of the territory of the Khyrpoor Ameers, part of which had been some years previously forcibly taken by them from one of the allies of England, viz. the Khan of Bhawul- tions, and even to distrust this negotiator. The arrival at Hyderabad of the aggrieved Roostum confirmed all the Ameers in the belief that even submission would gig e them no security against a general so disposed, hence the resolution to gather adherents, hence the cabals and consu tations which produced the outbreak that drove away Colonel Outram, and brought on the battle of , anee. It is not our purpose to describe this battle nigth, nor to follow closely the after-proceedings. Le plunder of the palaces of Hyderabad, even to the omen's wardrobes and jewels, the imprisonment of every member of the family, and every faithful adherent of the Ameers, their shipment to Bombay, and ulti mately to Calcutta, where many died, are not all these matters of notoriety that have been talked and written about till the public is nauseated with the discussion. No one believes at this day that the Ameers of Scinde, by their conduct before, or during, or after the Attlian outbreak, deserved more than friendly advice and warn ing. We doubt if the Governor-General originally in tended more, yet what have they through Sir Charles Napier's ungovernable determination, at whatever cost of confounding the innocent with the guilty to achieve a conquest." Saith, that the misconduct imputed to him, viz., that he allowed the palaces of Hyderabad to ,be plundered, and the women to be plun dered of their wardrobes and jewels, is entirely false : Saith, that no plundering took place in either the city or fort of Hyderabad, that the strictest discip line was maintained, that the city after surrender was regularly taken possession of, and that this deponent applied to the Ameers to go with her Majesty's and the native forces, in order that the women of the Ameers and their property might be protected ; but this depo nent saith, that the said Ameers refused to accompany the forces, but sent one of their confidential officers to protect the persons and property of the women, and whose directions were implicitly obeyed by the forces : Saith, that the women, by his deponent's orders, were permitted during four successive days to carry of all their personal property from Hyderabad, and with such delicacy were the orders of this deponent obeyed, that to the best of this deponent's knowledge and belief the said women of the Ameers and their attendants took advantage of such permission and carried off, as the de ponent afterwards ascertained by comparing the value of the prize property captured, with the amount stated in an inventory found in the public records of the said Ameers, and purporting to have been taken by order of the Ameers about two months before the battle of Meeanee, about three millions sterling in gold bars and jewelery of the public treasure : Smith, that an exact account was taken by the prize agents of the public treasure, amounting to a sum of money between 500,0001. and 600,0001., and whibh was sent to Govern ment with an exact account of everything : Saith, that the whole of said treasure became the property of her Majesty, and as such was sent to Bombay : Saith, that although the said Ameers had surrendered themselves as prisoners of war, there was not any of the family nor any adherent of the Ameers imprisoned by the orders of him, this deponent, although guarded as prisoners of war in the usual way, and only one Ameer was impri soned by the orders of Lord Ellenborough, and who was the notorious and infamous Shaded, and his confinement was in consequence of the proceedings of a military commission composed of officers of high rank, which tried a servant of Shadad's, who was sentenced to death and hanged : Saith, on his trial it appeared that Shadad had given orders to massacre every Englishman, woman, and child that could be caught : Saith, that the following is a copy of the General Division order issued by this deponent on taking possession of the city and fort of Hyderabad : "Division Orders by Major-General Sir C. J. Napier, K.C.8., Hyderabad, Feb. 21, 1843. "At eleven o'clock the 12th Regiment and two six pounders of Hutt's battery are to march and take pos session of the city of Hyderabad, and to unfold the stan dard of the Queen on the Great Tower. 2. Lieutenant- Colonel Pattie is to command this force in person. 3. The greatest care is to be taken not to give offence to the peaceable inhabitants, nor is any one to enter that part where the families of the Ameers reside. 4. The prize agents are to accom pany this force, and take possession of all public trea sure till the decision of the Governor-General be re ceived. 5. The necessary guards are to be placed by Lieut.-Colonel Pattle, who is appointed commandant of the town until further orders. 6. Major Lloyd is to take charge of the ordnance found in the fortress. 7. The line to be formed at such hour as Lieut.-Colonel Pattle may send word from the city that he is ready to hoist the British colours, on which a royal salute is to be fired :" Saith, that ie misconduct herein imputed to him, viz. :—" That through his, deponent's, ungovern able determination, at whatever cost, of confounding the innocent with the guilty, to achieve a conquest," is en tirely false : Saith that every step taken by him during the operations in Scinde, was in pursuance of, or essen• tial to, the execution of the orders which he, deponent. received from the said Lord Ellenborough, and that the said Lord Ellenborough expressed to him, deponent, his entire approval and satisfaction with every step taken by deponent throughont all the operations of Scinde : Saith, that one of the headings to said article in the said Quarterly Review for September, 1852, is in the words and figures following (that is to say)—" 3. Parliamen tary Papers relating to Scinde, 1836, 1843 :" Saith, that in a book entitled " Correspondence Relative to Scinde, 1838, 1843, presented to both Houses of Parliament by command of her Majesty, 1843," and which he, de ponent, believes to be a part of the Parliamentary papers referred to in one of the headings to said article in said Quarterly Review for September, 1852, there is contained an extract of a letter from the said Lord Ellenborough to the home authorities, in the words and figures follow ing (that is to say) : " Palace of Agra, 13th March (No. 17), 1843. " Although it was my anxious desire that a final and satisfactory settlement should be made with the Ameers of Scinde, without a recurrence to arms, I cannot but feel that the victory of the 17th of February has placed us in a position which will be ultimately more advan tageous than what I had endeavoured to secure by pa cific treaty. In occupation of Kurrachee and the island of Bukkur, and of both the adjacent towns of Sukkur and Roree, with armed steamers upon the Indus, and the means, during seven or eight months of the year, of ra pidly reinforcing the troops of those stations, from Bom bay and Ferozepore respectively, we should have held a position which would have practically protected the navigation, and have given to us military possession of the Lower Indus ; still it was impossible to depend upon the continued observance of treaties by the Ameers, not withstanding their release, under the new treaty pro posed to them, from pecuniary payments, the never failing source of bitterness of feeling and of dispute. Delusion as to the circumstances under which we retired from Affghanistan, and ignorance of our real strength, which they never experienced, would have induced a brave and barbarous people of plunderers, to avail them selves of the first occasion on which we might be in volved in difficulties, to endeavour to throw off engage ments which they entered into with reluctance, and to compel our retirement from the Indus. The war which could not have been for ever avoided, would have been forced upon us at the most inconvenient time, and might have produced a serious diversion of our force when we most needed it. Fortunately the treachery of the Ameers, and the overweening confidence and the reck less violence of the Belooches, have brought on a crisis at the period at which we could with least embarrass ment encounter it, and the result has been the most de cisive victory gained on the best-fought field. Si r Charles Napier had my instructions more than three months before the battle of Meeanee. He was during all that period at the head of a preponderating f or e, but acting with extreme forbearance, in the true spiritof generous soldier, he earnestly endeavoured thetiec.titae objects of the Government without us in g means at his disposal. The firmness of h adopted, and the energy of his measurest,ewaneldar:egb:aeadsgtectahhl.ee culated to control a barba rous Ameers been entirely masters o ver h u e t r t h b h e a C r ow he n w t o r u oloapsnot andow ca rried the treaty into seems s effectedt ob e d doubtful tf u l even now have purpose, h e x a e v c e u o t i c o c n u r w r e i without ou t ae t o t u a s r hostilities. Charles a The r etvheentpsecuwhliarich which ad for glory obtainedwhich in the giveat e p n r d o s s e t c h u e t most on off decisivemeasure s success h in war heir object the p reservation o peace. t Smith, lastly, that he, deponent, has faithfully serve d her Majesty and her predecessors for a, p er i o d . of 58 years, and during all that time he has never deviated in an y way from the strict line of public honour—that he never sought for fame at the expense of humanity, but always strove to the utmost of his power to lessen the evils of war. at 1e: RACING FIXTI RES FOR 1853. Liverpool Spring 2 Coventry Spring 8 Doncaster Spring 8 Salisbury Croxton Pa r k APRIL.6 Mahon ..................... 2 2 1 5 Newmarket Craven U Newmarket F. S York Spring Warwick Spring l5 Riplin Coates Northampton (2) Abergavenny Chester .... Newmark e t S ec Sp lO Shrews'ou r y Jv. 17 Bath Manchester (3) lB 24 Epsom StockUndgo 23 Winchester 24 Newcastle 27 A n s a e m o t 7 Hampton t 0 n 15 Beverley, Hull, (te Bib ury T 1 Newmarket ............... 5 Worcester ...........•••••• 5r Carlisle (3)•---••••••""'. 0 Liverpool .................. 13 Au, Stamford ..... Nottingham . Goodwood ... 19 21 26 MST. York l7 Derby ............. Egham 1 4 , . 24 or 25 Brighton 3 Brighton Club 5 Wolverhampton 8 Readixtg •1109 . lO 22# 151 i LBip 68 40 35 s p 22/ 12