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

RENTALS. Prices 1 l)ay. Bottle -0 done• doe Bustness Dal this *l°4 59 9/ 0 i Po q 61 6 20j,-- 6 41 6 li 1 i# i I atii 3/ 71 24 1i I 1# 2A # 13 i P li i g 1 S ii ( 9 P 1 0 p l 9 56 6 i 95 3 " 52 1 79 __....:;....-.../- DAY.) meral d i el r oto ed. Boo,„ A eal, 2 8 lw irease. stock heed and h&j_ to p ; 10d ; .'" 11 3 0 s Od t° Dwly, A • ti to fr ° were (P i n 3 0 0 ; MA rid silfr Is 8d Pe r rie j ay, and y s ffutto., 811 „ 3s 6d 1 0 °1 otl ck 3 mo ttont e r to 3S 63 0 n , &W 0 n3O ° pe r 8110' e! 11 Os; - pow lls Pe r , ti 0,; c 10 0' 04, 120 Pert of", 4/ Os; C loo t, 10s per ow Return l s - w ok and arid .Ns. 1. 2 , 14 1 ,1 2d • I "11:1 IS 'EEC. 13w' 122; ..w., light ad- 13 '" 0 °' • er . RioJai v " 0 - (Iley, i'°- • A !liv e • -" - sa ilea PQ ', tie, Arc o r d. ; Sw° )ec. , fro ° ,Nring bee I Active, TrAn sit) AiTis rea lisp Ler 0 ' 14 0 5 2 ° ' lOC, 0" LAW INTELLIGENCE. -(THIS DAY.) COURT OF QUEEN'S BENCH . (Sittings at Nisi Pries at Westminster before Lord Camp- bell and a Special Jury.) This QUEEN V. HAIIP, P ROBERT, AND WATKINS. for was an indictment charging the defendants with con aPiracY to obtai n a c h eque for 4001. from Mary Ann Broome, Purpose of defeating the ends of justice. The trial commenced yesterday afternoon, and not being concluded, when the court rose, was adjourned until this °ril ing. A full report of yesterday's proceedings appears in another column of The Sun. 4eThe prosecution was conducted by Mr. Parry and Mr. te alfe, and Sir A. E. Cockburn and Mr. Hiddlestone a PPeared f or P ro b ert ; Mr. Skinner for 'lamp, and Mr. ti awkins for Watkins. At the s it t i ng of the Court this morning Sir A. E. uo e k t , ulull addressed the jury on behalf of Probert. He 11 .8 foll owed by Mr. Skinner and Mr. Hawkins, on the Part of the defendants, for whom they respectively ap- Peared. t h l : er d Campbell then summed up the evidence, observing e.on i t his was on e o f th e most i mportan t prosecu ti ons th a t come before a jury, as the defendants stood indicted /t having conspired t oge th er t o d e f ea t th e en d s o f j us ti ce . spring John appeared that thre e p ersons , name d Ch ar l es St a d en , last rig and n John Broome, stood committed for trial assizes for Sussex, for having cheated moue p 4111 Ramp, at cards, and defrauded him of a sum of t„ and Ramp was bound over in his own recognizances Prosecute ; and the gravamen of the present charge was, that IT ,1 — amp and the other three defendants entered into a 4 4 6 " and c onsp i racy, b y w hi c h i t was arrange d th at p art tn ie P s e6 uld not attend as witness against the accused tv. on consid era ti on o f hi s recover i ng th e sum o f 4001. co 'ra the w if e of John Broome. If the jury were th il p lin ced by the e v id ence which had been adduced that ch y did so conspire, it would be their duty to find a 4 ver :f guilty. But the weight to be attached to that e ° depended on th e credit which could be given to te ach e Wit nesses. Th e y were certainly to be considered very t e rh in th e nature of accomplices, as they all seemed to have co ncerned in these contrivances; yet, if their testimony to 4, e °rrobor a t e d by other evidence, the jury could have T here in ying that the charge had been proved. as s e could be no doubt that Hamp failed to appear at the h a i z i,, eB ; that his recognizances were forfeited, and that th e Was the re by d e f ea t e d. It was a l so clear that th e bane h which wa s d rawn by Fisher upon a Birmingham defers ad found its way into the hands of the vitt: l ' 4l :kt; and was in some way or other connected et tithe non-appearance of Hamp, and the abandonment prosecution. His lordship then went through the e evidence, and said he was of opinion, unless the d fe ll a: 4 'es were grossly perjured, the case against the . e ellte,4nt.s Was clearly made out. If, however, the jury wotr d 1410 1 any reasonable doubt of their guilt, they " o f course give them the benefit of it. I• qte r le JurY, then retired to consider their verdict. They nuur's absence, returned with a verdict of Guilty. SHERIFF'S' COURT. clirip m (Before Mr. William Burchell.) COURT PRACTICE—ABSENCE OF COUNSEL AND ATTORNEYS.—BINNS V. LUCAS. 1 3 a ,_ 6lsl alltifilli this action is an attorney, and defendant 4tirtleraan, residing in Newport, Monmouth Shire. e kice- bill o f f was brough stst to recover the sum of 61. 55., the - ) e a co. 1411 Robinson appeared for the plaintiff, and Mr. G. .eb -all l er the detendant (who pleaded that he was not r te(l .l 4 _ ) ' Oak; a---.obinson stated the case, and said the business 4aoa``l°r had been conducted in 1849, and the whole bill ; t . "'"', 1 , (1 to 121. 55., but defendant had paid 61. on ac -44:e ' , at ' I , e facts of the case were these :—The defendant's unfortunately, intermarried with a man of the qvir i ,"„`, t -r,arnell, a clerk or schoolmaster, -who had a wife t r ogyr t he time of his second marriage. Defendant very t er, a - „, Protected his sister as far as the law could protect ‘ral (cr r etained the plaintiff to indict Parnell at the C.en vieted Court, which was done, and Parnell was upn ) - eon] t What the defence would be, he (Mr. Robinson) merit "°' surmise, and the retainer was admittedby the th e and the defendant had no right now to amount, as there had been no taxation of the 3.4 - .(Lch he might have had if he had thought fit.call refm Willia m Short, clerk to the plaintiff, was then a nd Proved that he took the instructions from the t here a nt, wh o s i gne d a wr itt en retainer. After this Pat, We re two e xam i na ti ons before the magistrate, and 4 el, „v.,l.ltiswas committed for trial. A brief was given to cowl ". EC' a fee of 21.25., and 11. 10s. for conference, and e clerk's fees. riot:„Bs-examined—Was not present at the trial, and could t hat 'whether plaintiff was there or not. Did not ynow l 'oth -e Was in the other Court defending the " Manning s" cages Were on on the same day. Had to go to pl,m- Lie - I „. °f ace, and on his return Parnell had been tried. 'har n aa , sentenced to two months imprisonment. Mr. 4 tte f on d was was instructed in Manning's case, and did not lett,44" l 's . Could not say who did, but Mr. Wool- It r n arno was on the brief. th at •olonions, a solicitor, was called, and considered kn k ‘ ,t te char ges were i nc id en t t o a prosecu ti on o f th e lye and that the charges were the ordinary charges. tiff,'l"-)einnan, for the defendant, co n t en d e d th a t th e plain ato'vks not entitl e d to recover a single f ar thi ng b e yond the pioll_tnt h e haul already received. Thi s was an ac ti on f or th e t_one in 1849. Plaintiff h a d no t even b een pu t i n t o a°=tor. X to shew that he had done the work he had charged this was one of those cases in which the jury ought to 114` 41 .re the strictest evidence. The law was, that if an attor teiv4°, conduct the affairs of his client that the client re hriaefq,no benefit, he could not recover, in this case, although a ~nnctad no doubt been drawn : it had been given to a Pr v '' e l who could not attend—in fact, it had not been ed that the case had been conducted at all, but had tl t ," 1 :. left to its fate. The jury had no right to assume ?Tr h i t' case had been attended by counsel when neither t hat ~,LuTs nor his clerk, nor any other person had proved that Wi n .",ic a fact. He, the learned counsel, would admit t rit rlntiff was in attendance in court on the first day, 'fial did not come on; but if he was not there on ' t eill% °l4l day when it did come on, defendant derived no be the r n .,c l Plaintiff could not recover. In the absence of c t o le un m s a e n og thl4;ge would hand down the dep9sitions to _e_ *de e ar, or, perhaps, get a 'circumstances lums - a e g lf n h o e n w th r e o e 44 l le e where clear. Under these n , 'ono . 1 . 1 ) thought that the jury could come to_ o . _ot a h n er: th i i, fusion than that all the items relating to the brief, 0. Paid e ,es to counsel, ought to be struck out, and 6 1.thatthe cnalre than covered any legal claim which the plaintiff n - f tcave had. The learned counsel then quoted the port s Lee had V. Samuels, 15 Law Journal, and. • 8 Q. B. sot the ein which it h a d b een h e ld th a t an attorney could ! cover where the business had not been conducted to u nder -Sh e riff of th e c li en t. tonnessunder-Sheriff said there was no doubt that an at tNOY W a B bound not only to exerdreasonable skill, but tottienable diligence • but he was to say that an at 4Caii 1,30 t bound by the negligence of counsel. He ed p kt that h e can by preparing the brief, delivering it, 7 1 , 4 ' 1) 4i 43ri ,„ 1i g the fees, and was entitled to recover notwith -" anY neligence on the part of counsel. t ct hcinestion for the was, whether the work charged e e properly ) done. If it had, he would advise "Aati -- 0 - 4 give a verdict for the plaintiff, subject to the Ile of the bill. N'e i n rY, aft er consu lti ng a b ou t a quar t er o f an h our , rtlict for the amount claimed. w as the only case. Rni -1114 47 ... eek tit . MUR DER IN county of Tipperary, zieitter. a brutal murder in :—" TIPPERARY.—The following ac t in the Dublin Saunders Anotherociti,g7,im `agrarian 1e21.(3412,1.11 accoro. a - 3 - nee with the baneful commission • disgrace s efi.e'4,',len' Tipperary is again of ~`'''aer brutal murder , th e '', eat atrocity In this instance the sufferer is nei , perpetrated under circumstance . , this county,but , th e ' landlord nor agent, but din asant - named en , th resided near Busherstown, 4 " er ders of the King's county. gall was ovi t e d from h holding, but was permitted continue. kr. *--e •i• of the property, NI th„ taker, the agen- f a i l c-fl'rernises and to get what h? 4 , 4 41 ~,,.` t h,e plae. In consequence of oo thi rd s d f p o e r rin th i e ssi ` en goo lle, ont . a , l f the agent, on reeei t _ 48, 4.-een. with person named Kenny to resign in. his. th e st , 81113ject to the approva o havi ti t e ef 1 0/., to which Kenny assented,bnt e su f b it se l lAt th en eu ly t Dayin4 endeavoured to obtain the possession with another man. and tarl a : the sum agreed upon, Hogan,. to use the common i,, hee.of the neighbours, `dealt' assigned as the cause of hi aving dared to do so a t eh __, of o:uer. A party, consis i t s ingef hi house on Monday tigiitl'eni were armed, attacked savage manner, from s about ten men, all the ef f W eelc, and beat him in a most _ died on Friday night laat. ° eta of which he languished and c ' W l-- 8 i 8 the verdict usual in ” The fir e,o4ll • inque twas held on the following . day, i ii „ . _, lm returned ns unknown. . if e :4"'„ inlirder against some perm:. all su w ch he ca n s t e h s e , !th e 1 :: the deceased is in so delicate a sta f t r e . 1 desceivecl and the effects of the the result of this 44ritired of ;so that in all probability two lives. üb ,hfrtomthtahte i h n e j r ur li e f . : 1 4,4 4 ,_ will end in the loss . ?f ettitilo'k'r Atorgan and the ponce t his 1,3,recl in endeavouring to of his ou trace out district theper 7 e e tr a a c t t e i r v s e l r suspicion attaches to JSen,r,„arbarous murder. Strong of ti i .4' who states that he never roved that he was seen atinkb,oeo,rnrence ; but it has been p party in the village of Toom vara.„-I that day with a large , left his house on the day e oet, to, thetnrri ”TIES TO THE CITY 13 - L s ° pr i n t e d, respecting dut y P o r . t . o ,cured by Sir B. Hall it y LONDON.—Yesterday cil io . th e ei t ,...' (,),11.rpence per to d , oil. 4sre London on.co payable b rou ght into the n l]:oA 44,0411. 4s. on., and 14 4, t y e „ 0 , gross duty in 1836 was n ais to the Corporatm e n . charges on the co iecti on, dr' --kaw,,,(4/,. 15s. Bd , . Theriare an . d retiring allow ances t o co i -s eK on coals exported , nearly 11 a 'lleter k The deductions w duty o fourpooe '1,,,.4_• in 1 851. The above-mentioned of the CorPo - 0f e 1,7, 0 r P 4 0 4 coals being the property payment of draw ere in the whole f b k ---. ° 73 , the balance , after the - allowance to ac on coals coal met-- "P°lr ted,salaris for collection, ano _ rove orPoration 1 account of R treet i `'"' ail d charge 20,0001 . per annum , set apart for the c '`'"'veld charge is carried to the genera municipal ' a nd applied by them in aid of n.r; ,,,,. Mi tia l i n P, ent, administration of justice at the Ce t _ l ( Z a, col., `-'°lll't, Maintenance of prisons Inagist.raeYi Pfun& h e c0 ,..._ .. purposes in re . et ner ' ell( ' ° tller ' sped of which t e A .pnration are.chargeable. Al-STl.,z y i. 1 .„.., t o call the ittiew. MPHITHEATRE. —We ..,g lac _ ketit oen of the benevolent and humane to the annou ,eri c . Ing ofArthe entertainments to take place here on the el' Vrido ""daY) the 6th. They are for the benefit of th e f or _,w and faniily of the late Mr. T. Thompson, who wac N,,,C°..an'Y years stage manager of the establishment, an . c! priv o in that and every other position in life, as well 1 ?3 , hi. , to ate Worth as his public talents, had endeared himsel. an extensive circle of admiring friends, but ho lately _ r 4 , 1 11 „.., 1 : ° , hile yet itt the prime of life, fell a victim . to pa toili, leaving a widow and youthful family, who are •°hied Mrs. .a Y pro widow for, to mourn their bereavement: Thu flome little Thompson has •in view, and to effect which we earnestly solicit the co - operation of the benevolent, is 'C of this induce eildea '° l lr, from the proceeds of this benefit, to set uin existence for will be of a3r of business, and thus secure the means . of pelfhe and helpless children. Irrespective Rtrings of theraeftl a satotstunonvtl the entertainmentsn..g ,ewhich surely should untie the purse rs of the evening ti charac . .ter. Z ili ng into reenisition'tvhe entire strength and unliunit e e m d lAilZees of Mr. Battys splendid establishment. T "Vs, the celebrated lown, will also on that . night, avnd that g , night only, inak e hi s app earance , and sing se era' I:4 114 Popular sonp. AY.) 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 7,824,159 '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 Pont 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 biidges 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 constructioi. The Bourse was heavy, and sales were effected with difficulty. The Four-and-a-Half per Cents. closed at 105 f. 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. 50. c. for the end of the month ; Orleans Railway New Shares, 1,070 ; Rouen, 1,005 f.; Havre, 570 f.; Great Northern, 902 f. 50c. ; Bide, 372 f. 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 Fucino, shares issued as 440 f., 470 f. BUSINESS DONE IN FOREIGN RAILWAYS IN THE LONDON STOCK EXCHANGE—DEc. 1. Dijon and Besancon, 10a—Dutch Rhenish, 7—Great Indian Peninsula, 7i—Luxembourgh (Railway), 54 — Madras, 7i—Namur and Liege (with interest), 98—Nor them of France, 36—Ditto, 201. 3 p. c. Bonds (fray. B. & Amiens Shares), 14—Norwegian Trunk Pref., 9—Paris and Lyons, 28i Rouen and Havre, 22.3,—Sambre and Meuse, 124—Upper India Scrip, p.—West Flanders, 54 —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. The Cabinet will, therefore, have nothing to fear from the press touching their measure before the Cortes. Madrid Bourse, Nov. 26.—The Three per Cents., 46g ; 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. Up 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 the 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 wit , h an article i l n n g s t p i t e u r e N n a i s t i t o h n a a l t d de d evote e interest F ote r d an t ee i , he consider a- The most tion of " Uncle Tom's Cabin," and o the w have been published in contradiction ef or t ks which tions, which, the writer truly observes, asser 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 accompanied by the sheet of pat terns for embroidery, which was such a useful addi tion to the late numbers. THE 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 50 0 f., in addition to their pay ; and they are all to dine together at the same table, under the presidency of the -b colonel, as i n E ng l an d , con t r ib u ti ng t o th e expense in proportion to their pay. General do Rumigny, in a work inmess-table espublishedsa in fo r t the e h re o t e o r f s s Louis ho d be o p r e o ed po s intoe d every regiment of the army. THE SUN, LONDON, TITURSDAY EVEN ING, DECEMBER 2, 1852. THE IIEI?0 OF SCINDE AND THE, "QUARTERLY REVIEW." against the consequences of permitting such „conduct. Saith, that, by an arrangement betweeff Meer Roostum, said to be above 85 years of age, and Meer Ali Morad, a man about 30 years or age, his legal heir appa rent to the Turban, or Chieftairship, the former resigned in favour of the latter the Turban or Chieftainship of Upper Scinde, and the lands aad 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 &t Emaunghur, he, depo nent, issued a proclamation, inviting the Ameers of Upper and Lower Scinde t) 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 fixed 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 vpper 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 thatl will receive himwith 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 lartguage : " 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. he, deponent, arrested 25 armed men, well mounted, and passing near to his, de pc;nent'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 Hyderabad, urging the chiefs of one of the most powerful tribes of Beloochistan to join him with all their retainers, and requesting 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 stating that the Ameer in question would himself march with a force of Belooches in 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 Upper 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 assemblage 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 ing 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 his mind to take the conse quences. The begging me to be quiet till the 9th, and telling me I had promised to be so (which I never did), was capital. They are neither bad politicians nor bad 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 and our dear friends send up to us (directly) 1,200 maunds of flour, and 250 ma un d s of r i ce . Direct th ese supplies on Halla, where I shall be on the 15th.—Yours faithfully, C. J. NAPIER.—The Ameers must sign them selves' course,Ellenbor oug h oof as Lord d es —1 o'clock, p.m., February 13,. 1843. —Y our , our 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 to halt one day) here, on the 10th in stant, and I have never budged. I intended to march yesterday, when your second letter, asking for another day, reached me (the . llth I think—l 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 was the speech of Hyatt Khan, the prisoner, to me ?—`Why do you stop me ? There are 600 armed and assembled in the village of within six toss of you-- -plenty everywhere.' I neither can nor will halt now. Their object is very plai n , and I will not be their dupe. I shall march to Sywdabad to-morrow, and next day to Halls, and attack every body of armed men I meet, according to my d or-e rs, and which, it would be trifling to defer any lo n ger , as no move has been made for four days, arid my sick-list increasing, it would be to betray the troops to delay anothe r day ; and if the treaty was not signed on the 12th, according to their promises on the 11th, when the Ameers knew that I had halted, there can remain no doubt of the fact that they have been using every trick to get over the Moharem, as they could not sooner collect their troops. I to-day send off the letter cf Meer Mahomed to Lord Ellenborough. I do hope, my dear friend, that You will see the very peril ous ground on which I stand. 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 character as an officer, till not the eleventh but the twelfth hour. If men die in consequence of my delay ; their blood may be justly charged to my account.—Be lieve me, yours, &c., 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 al,§O 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 wa,3 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 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. 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 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 government 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 ,aid 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, malignant 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, 1852. 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, of 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 disposidon 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 Kuraehee, 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 matters to the crisis of the battle of Meeanee and capture of Hyderabad, is entirely false : Saith, that deponent, was informed, on or about the 27th day of January, 1843, by the said Major Outram, that there was probably some misconception on the part of the said Lord Ellenborough as to the value of the Bawulpoor claim, and that he, this deponent, immediately, namely, on the 28th of the same month of January, wrote in duplicate to Lord Ellen borough, who was then, to the best of this deponent's in formation and belief, within about eight days' post of him, this deponent, in the following language, that is to say : "It is right to inform your Lordship that I have been told your Lordship said you had given Bawul Khan, the Nawab of Bhawulpoor, 16,0001. 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, bnt the Ameers liad cut off the communication of this deponent's array 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 descended 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 libellous 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 :" 1 Saith, that the said charge made against him, namely, that he had made four peremptory demands, is false : 1 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 quire whether the strict letter of the treaties they had signed had warranted his enfQrcements of them : Saith, ' that a complaint having been made to deponent by Lieu tenant Mylne and Lieutenant Gordon, the two political agents 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 letter to the Ameers of Hyderabad, of which the follow ing is a copy : 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 Roostum, 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 Soinde. 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- kno;nedged 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 Rorce, 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 any 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. I am 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 Ameers, and " 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 off 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 Shukarpoor, di recting him to abstain from every direct or indirect toll 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 at that station. Instructions shall be given to the Bazaar mas ter that he may render any assistance in his power to the revenue officer of their Highnesses, in order to prevent smuggling from the cantonments into the town of Kurra chee • and every person detected 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 infringement of the treat y , 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 amon g st other thin g s, 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 faction 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 solemnity " C. J. NAPIER." Saith, that the Ameers of Hyderabad obtained back the treaties that they had signed f rom th e person to whom they had been intrusted, and tore them to pieces, trampling them under foo t : Saiththat on or about the 14th day of February, 1843, he, this deponent, received a letter from the said Major Outram, of which the follow ing is a copy:— 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 Burra and Subzulcote 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 treaty with the said Ameers, 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, received in answer thereto, a letter from the said Lord Ellenborough, which was in the words and figures following, that is to say : " February 13th, 12 a.m. c, m y dear Sir Charles, —The Ameers have sent to say that the Belooches hav e become quite uncontrollable, have taken an oath on . the Koran t o h ave (t erm ) Yageo, unless Roostum righted ; ref use t o o b e y them in any way. They beg me to leave soon as possible, friendship, and give the advice from p ure &c., &c. I am told that immense numbers are flocking to the city, and find that all the sheep and bullocks have been driven off from this neighbourhood, whether .-- b y order to starve us off, or by the people for fear of being plundered by the Belooches, I know not ; but I haw? told the officers of the steamer to send to the other side of the river for supplies, to enable us te hold the agency if the Belooches do attempt to bully, which, of Course, I shall not quit. —Very sincerely, yours, J. OMR AM.-- 77 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 Kurrachee. 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 (Khypoor) is still here. I should hope you will not bring the army on this side of Halls, 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." Sahli, that on or about the 15th day of February, 1843, the said Ameers attacked, with 8,000 men, the residency in which Major 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, 1843, came on the Belooch army, drawn up in position to receive him. That he, this deponent, was immediately attacked by the said Belooch army, " 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, Sic.i 4 ELLENBOROUGH.'' Saith, that having received informationthat 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 Ameer Roostum 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 mgasure 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, 1843, 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 aid 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 lie, 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 family, 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 " Englisll, but youu - 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 °flier 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 intriguing 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, arid 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 whim 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 inserted to be ab stracted, and a new leaf; fairly written, to be 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 seheme of forfeiture was carried ont with a sweeping hand ; and that the possessions of the Khyr poor Ameers were seized for the British Government, with exception of those of Ali 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. Saith, that no forfeiture of the property of said Meer 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 th e countr y 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 nent 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 kir 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 o f Scinde. Saitb, that in another part of said art icle there was and is contained, amongst other things, the false, scandalous, malicious, defamatory, and libell?ustomsayu— following, of and concerning deponent, that " The whole villainy of Ali Morad, and his treachery to his brother, are now . matter s_ undoubtedisofcolis umnate history, yet it was at the instigation of this chief and to adopted his vio carry out his views, that Sir C. or-General and to lent proceedings against Meer ENoarnopsiteurm and the other Khyrpoor Ameers. To the G faithless twhlheiscsh ally. the authorities and public of this country, he represented the forced abdication, and . the . c t on d fls o c u at a io fol lowed, as a just punishment inflicted suppose m that he was In charity to Sir Charles , , v the dupe of Ali Morad 's Nartifice e ._ Even grantin , hoi ever, that the mischief sprang from his . in . abili . ty g . to criminate between the honest man and the villain, be tween the fidelity of a well-meaning , open-hearted fri en d adthe 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 be en most da maging to the Briti s h reputation, not only in India, but w herever the report of these transactions has spread." Saith that the charge herein made ag a i nst him, viz., that it was at the instigation of th e C h i ef Ali Mora d , and to carry out his views that thi s d eponent adopted his violent proceedings against Mee r R oos t um an d the i o ther Khyrpoor Ameers s 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 ales of England, viz, the Khan of Bhawul- pore, and this portion deponent by the Orders of the said Lord-Ellenborough restored to the Khan : Saith that these proceedings adopted by him, deponent, to wards Meer Roostum and the other Khypoor Ameers were adopted not at the instigation of Ali Morad, but by the order of the said Lord Ellenborough : Saith that in another part of the said article, there was and is con 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 of 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• 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 give 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 Meeanee. It is not our purpose to describe this battle at length, nor to follow closely the after-proceedings. The plunder of the palaces of Hyderabad, even to the women'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 Affglian 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 : Saith, 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 which was sent to Govern ment with an exact account of everything : Saith, that the whole or 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 Shadad, and his confinement was ,in consequence of the proceedings of a military commission composed of officers of high rank, which tried a servant of Shaded'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 followrYng 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 Pattle 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 Pottle 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 Battle 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 the 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 throughout 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 figtires 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. Sir 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 force, but acting with extreme forbearance, in the true spirit o t fa. generous soldier, he earnestly endeavoured to effect be military objects of the Gove rnmen t without using the he an had the d, w ere est ca - means at his disposal. The firmness of the languageadopted, and the energy of his measuraee: culated to control a barbarous Pu rb ei r r own troops, it n seems to be doubtful ev en Ameers been entirely masters over wover their w h e ther he would not have effected his p ur p ose, and carried the treaty into exec ution withoutactual Sir Charles Napier the peculiar o hostilities. The events whi c h the most decisive success in gloryhave whichoccurred giveattendst t h e preservation o a the prosecution off peace." measures whichd for had for their i n o e b d j S a ith, lastly , t hat he, de p onent, has fa ithfully served in her Majesty and her predecessors for a period of 58 w ay from the strict line of publi c h onour—that he never years, and d urin g all that time he has never deviated sen the ninaenrexpense of humanity, to lessen any for fame at the always strove t o the ut most of his power evils of war. RACING FIX' MA Liverpool Spring ..... ... 2 Coventry Spring 8 Doncaster Spring 8 Salisbury lO Ar Croxton Park 6 Newmarket Craven ll York Spring l9 M, Chester 3 Newmarket Sec Sp lO Shrewsbury Ju Ascot 7 Hampton l5 Beverley, Hull, &c l5 Bibury 22 Ju. Newmarket ............. Worcester ............... Carlisle (3) .............. Liverpool ................ Brighton ................. Brighton Club Wolverhampton Reading RES FOR 1853. Warwick Spring l5 Riplin Coates l7 Northampton (2) 3O 31 Abergavenny . ,IL. Malton 2l Newmarket F. 5......••• 25 Bath 17 Manchester (3) lB Epsom q4 FEE. Stockbridge 23 Winchester 24 Newcastle 27 Stamford Nottingham Goodwood 131 AUG 19 . 21 .. 26 York l7 Derby Eghain "4 or 25 lIST. 31 30 11 54 151 33i, 115 57, 28 14) 26. 19,1 1oS& 1511 *l4 1 1061; L, 1 . -,p is P i P i P 10 29 8 1 111 1