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

RENTALS. ig Prices :erday. Business done. Buena 1'341 d°n. Ulo' 1 141 INTELLIGENCE. -(THIS DAY.) COURT OF QUEEN'S BENCH . '' i ags at Nisi Pries at Westminster before Lord Camp bell and a Special Jury.) QUEEN V. HAMS', PROBERT, AND WATKINS. ' w as an indictment charging the defendants with con tj to obtai n a c h eque for 4 00/. from Mary Ann Broome, eThPurpose of defe a ti ng th e en d s o f justice. t • Wpc nal comm ence d yesterday afternoon, and not b e i ng .' ' 4d etl, when the cour t rose, was a dj ourne d un til thi s ~%'• A full report of yesterday's proceedings appears , b ether co l umn of The Sun. 4:ealfrosecution was condu c t e d by M r . P arr y and Mr. tp ea c, and Sir A. E. C oc kb urn an d M r. Hidalestone k red f or P robert ; Mr. Skinner for Hamp, and Mr. 1 ;lous for Watkins. b tile sitting of the Court this morning Sir A. E. mn tk addressed the jury on behalf of Probert. He f by Mr. Skinner and Mr. Hawkins, on the red the defendants, for whom they respectively ap d 4 t r. araPbell then summed up the evidence, observing was one of the mos t i m p or t an t prosecutions that toth co one before a jury, as the defendants stood indicted It cng onspired together to defeat the ends of justice. I,lllll)Peared that three persons, named Charles Staden, 'iane kt % e . 8, and John Broome, stood committed for trial INi . : B !„sPling assizes for Sussex, for having cheated 4 e lle ,;"' ' l amp, at ca r d s , an d d e f rau d e d him of a sum of „ tr 'Dri;' an . ( 2 . R s was bound over in his own recognizances ktlr tl 'a ; and th e gravamen o f th e p resen t c h ar g e was , amp and the other three defendants entered into a alld conspiracy, by which it was arranged that ti arti t" she conspiracy, not a tt en d as w it ness aga i ns t th e accuse d kokeB,,°ll co nsideration of his recovering the sum of 4001. *ire of John Bmoydroome. If the jury were kry 7 by theevidence which had been adduced that tet Co O T.' conspire, it would be their duty to find a ver „Nett,gllll Nulty But the weight to be attached to that 41 ;s" d epended on the credit which could be given to 11111chi:1,1c8ses• They were cer t a inly to be considered very bet li C t he natu re o f accomp li ces , as th ey a ll seeme d to have " Ilee rnetl in th ese con t r i vances; y e t, if their testimony Zo citteborated by other evidence, the jury could have Iler e tcl 'itY in saying that the charge had been proved. ec ' t ild be no doubt that Hamp failed to appear at the „„ th at his reco *zances were forfeited, and that ' 4 q i ia e° " a S th d f ted. It was also clear that the 1)44-9 niela ere w . dr e a ea by Fisher upon a Birmingham kith ha d found a its way into the hands of the wl t h trta, and was in some way or other connected i ) ,tbe e „ 11°4- appearance of Hamp, and the abandonment le ft,l*Necution. His lordship then went through Jr 44 44 "' l ance, and said he was of opinion, against lil l s : dee -14,4" we re grossly p er j ur ed, the case e ''qezi"i' was clearly made out. If, however, the jury Ne cli c ed any reasonable doubt of their guilt, they cones give them the benefit of it. 111 4: ° t j t n9 then ref ed to consider their verdict. They into court when we went to press. SHERIFF'S COURT. 4 4 11tA , (Before Mr. William Burchell.) COURT PRACTICE—ABSENCE OF COUNSEL AND ATTORNEYS.—BINNS V. LUCAS. 4 4 Vtallitiff in this ac tion is an attorney, and defendant kii i t e atle nian si Newport , Monmouthshire. The 4 " /vas brought re to g in ecover the sum of 61. 55., the bal- Ol t (l b a bill t r uellta,„*.°binso costs. ed for the plaintiff, and Mr. G. li tert edx f°l' thne appeared (who pleaded that he was not 4 11. i• 4 • tot; I )3ecl nisoli stated the Il case, and said the business ad been conducted in 1849, and the:w 6 r e le n b ae il_l Il nt to 121. 55., but defendant had pai d N t t Li n e facts of the case were these :—The defe n . nd ef an t t' e s of",, l infortunately, intermarried with a ma_ a h e 1 ,,,,''4g i arnell, a , clerk or schoolmaster, who had ( wife 4'Perh.." Ur n of s econd marriage. Defendant very and Protec his is ' ter as far as the law could protect v, t • N er4 4 . I Letan d. the p s i l t s tintiff to indict Parnell at the Cen -0,745cl •„.,_'°a- I . l Co e art which was done, and Parnell was con -bid • w hat the Count, would be, he (Mr. Robinson) di on 11rnlise and the retainer was admittedby the pay illlitel3-thaeconne• and the defendant had no right now to b V t _w eh mount, as there had been no taxation of the 0. 0 7 111 * -- ,'-w might have had if he had thought fit. ' l ,ed rain Short clerk to the plaintiff, was then t'llieere 'elld' a , la t w: Proved that he took . the instructions from the 1 ,, e who signed a written retainer. After this 441 11 1.6 two examinations before the magistrate, and with committed for trial. A brief was given to coun 4. a fee of 21.25., and 1/. 108. for conference, and. oro' clerk' fees 11 ,,qt ta!!'exarain (I . —Was not present at the trial, and could klat .... M . le t.her e i3laintiff was there or not. Did not know ea ," 4B m the other Court defending the " Mamaings." O' s ars Were on on the same day. Had to go to plain and on his return Parnell had been tried. ,'4 l). *- Zi.. s entenced to two months imprisonment. Mr. ' was instru cted in Manning's case , and did not la 4 ; a rnelrEl • uld not say who did, but Mr. Wool ine was the brief. 1( 1 4 ili' e °l° , lll ens7 n a solicitor,. was called, and considered M e nlarges were incident to a prosecution of the t s. b al ': . l that the charges were the ordinary charges. lt a „ ' a lhau, for the defendant, contended that the plain ta.ontitled to recover a single farthing beyond the , 41 cT„," had already received. This was an action . for in Plaintiff had not even been put into te °l. l b° 4 ll - 44 b°, .she l w B4 t 9 h . at he had done the work he had charged 'ltii re4 Zols was one ofthose ca.sesin which the jury ought to I, e strictest evidence. The law was, that if an attor- Sd h °hduct the affairs of his client that the client re "cef I;;;benefit he could not recover, in this case, although a .Inns - rt DO doubt been drawn :it had been ven to a 'ova Mao could not attend—in fact, it had not been 4 'et, 11 0 14 the case had been conducted at all, but had .1. „.'44, l e f ti to its fate. The jury had no right to assume t7i,t• t h e e ase had been attended by counsel when neither et la t o — i3 c ,. ' nor his clerk, nor any other person had proved at e, a fact. He, the l earned counsel, would admit thefit T'iff was in attendance in court on the first day, t lee eh Pal did not come on; but if he was not there on 11 1;' t z b e- a' ' l ay when it did come on, defendant derived nob se e i t c v e titi- Plaintiff could not recover. In the absence o coun man e the i s ° would hand down the depositions to a gentle Oen " at, o r , perhap s, get a conviction himself on xr the Under these circumstances he e ( ther . 4 °11 t 1:2 1 , ) thou ht that the jury could come to n o i4e fp s than a that a ll the items relating to the brief, and To t g to be struck out, and that the 6 . 1. c hae llt buan covered any legal claim which the plainti ff ,of L ye .had. The learned counsel th_en an auo B te Q d..t ß he . e rtts e L w is v. Samuels, 15 Law Journal, 11 )," re e ,„',,,"'• which it had been held that an attorney . cculd t 'e 0.4. 5 .",:er where the b 'ness had not been conducted to bey of the client. 'Mer-She 'ff said there was no doubt that . an at- N4 ° no t only to exercise reasonable skill, but genre llno ; bu t he was bound to say that an at- Zll t a k e _,' l 9tbound b y the negligence of counsel. He st y l he can by prepa rin g the brief, delivering it, Th e 4 tlillg 6 the fees, andwasentitled to recover notwith any fo on the part of counsel. 12 11 for the jury was, whether the work charged • tk t Jttry7, Properly done. If it . had, he would advise 4 tioi a giv bill erdict for the plaintiff, subject to the 1,4 of the 4, h,e ett v erdict fter consulting about a quarter of an hour is Was for the amount claimed. " the only case. 4:41114:t.1' MURDER IN TIPPERARY.—The following ac- KikOra () ; a brutal murder in the county of Tipperary, 1e, 1 r , , ih ..l the Dublin Saunders ••—" Another victim has 4plktc2.ecordanete with the baneful system of ' agrarian 4110 th - '' Tipperary is again disgraced by the , commission th ey r-,er brutal murder, perpetrated under circumstances -7%.atrom b 4 1 - -tY• In this instance the sufferer is ne \tv-q reside Udlord. nor agent, but a peasant named.. Hogan, bila iaoil near Busherstown, in this county, but on 1 5 4 ', ° Raa I l le tß of the King's county. It appears permitted loil ‘l ' . ,th '," alker, the agent of the propert, to continue h ad of b ll:Il se; and to get what he could for the ` good f tt _tr eed Place. In consequence of this permission he the ° lir, a - with a person named Kenny to resign in . his 1, 4 a i1 , neJect to the approval of the agent, on receiving p lk /1. ,1ag e ° 4 { : l l - 0 /•, to which Kenny assented, but subsequently t;1'. 1 . 1 `4 b -eav eured to obtain the possession of it without • - ' 4 lic a t ' a B lurt agreed upon, Hogan, to use the common 'b i „ h x ,,,. ° I the neighbours, dealt' with another man. and i 4 Intl, dared l to d ars s ' o is assigned as , the cause of )1 - ' 114 1. 1 1 ,7 r * -A- rt o c nsisting of about ten men, all tight. w () ,,„ l ,. w ere P arm a armed consisting of about ten men, all es-c as-flle attacked his house on Monday l u leffa ct . - % and beat him in a most savage manner, from c.a . :' -A; °' which he languished and died on. Friday night ' 'elleic44lquest was held on the following day, when the tti 'l t 'ilfej ',.,nrY returned the verdict usual in all such cases, Rl :l ,e efti3Oerder against some persons unknotvacn injures 1 4 d - Nel, de easeclis in so delicate a state, from e ' l a and the effects of the fright , that m th: til t thefr this life lie age , e `.l, e f ; so that in all probability the re . %Teete r - 1 / ,' end in the loss of at least . two . lives. o t. Su e b ly - WDloyedltergan and the police of his district are actively of IC 4 1341)111 en deavouring to trace out the e filwho us murder. Strong ~)... t r y , l ..„, , a on the day suspicion attaches to 4,0 e ace. Rates that he never left his house t _ 0 was seen V il litt lir renee • but it has been proved tha h T . " g t hat day With a large party in the village of oom 00 .4.1, ~, • Z b teta rn D UT IES TO THE CITY of LONDON. Yesterday t.o. ei e g , 4l lty P e r f e r e nred by Sir B. Hall, was printed, respecting Lc,'" Ca of re per ton payable to the Corporation o lastecla t , Y f London on coals brought into the port I , ..,, • Th e 4 .,, i,tio,, e , ar ar , 5 4a auitM.Bsidsus.tyBdi.n IThB36erweaßam44eargLeft4s(ingtdhs.e'llaocanwl: il eaf i t o co Wbaek on coals exported, and retiring. f e h - 411 Y 11 n n ,, al I n, eters. The deductions were in the whole }, ° ''Pen 1-"`". ioonBsl. The above-mentioned duty of 11 -41 00 0-cfei.per ton coals being the property of the CodrarPe ttak 0 London the balance, after the payment of draw he 4 teals ex 4 Rtre e etera, ~... l l'e c fl, salaries for collect allowance to lo ' set apart for the ounproverawlentlalaiigse 20,900/. per carried toth a e nli eneral account of t vetill ne ration ' a nd applied by them in aid of municipal to , al eo.:‘, administration of justice at the Central Cri ef4:o'ol.paltaonttihoeoirliateprurpneaolargoe:esoefanhPirree.ssponeA m of ag v i ni st i m ch y the P t !? un lie de e, 4tteetTLY'S AMP k ellt I°4 e f . th lIITIIEATRE.—We beg to call the 1 4 _ of th e bepoevolent.and humane to the announce wide of e ent ertain vvid o (Mond \ ments to take place here on the even kr. W and fa e n: lthe lith. They are for the benefit of the wh o nl a ..„ e 1y of the late Mr. T. Thompson, who was p rivy i t , 0 4 . ars stage manager of the establishment, and 4 , 4-1.,' andstory t. 4) , '" NMI.% ast . other position in life, as well by his h i , ,a eXt en , i n l B public talents, had endeared himself 't whii ve circle of admiring friends, but who lately, ta lPii e Yet in th • tot 1 % lea v i n ? prime of life, fell a victim to pa -014 ly 1 ,,,,,_ 0 g a widow and youthful family, who are oieet knivr,mvuled for, to mourn their bereavement. The eeatZestly B 4i1411 1 ):on has in view, and to effect which we l ' e ni e ejit l 4 l ; f rern the co - operation t o i l ts tli 3 e on l e lszev t o o le s nA, u i ps to i exigton,se ,Way of business, and thus secure the means of tr,thi, lici(4Zreniheerlelf and helpless children. . Irrespective will of the ILL, which surely should untie the purse -.. ba of _ affluent, the entertainments of the evening relling into rst. novel , varied, and interesting character, -,„.Rur ae , `'°,, .ousition the entire strength and unlimited "1-atthew °lBatty's splendid establishment. Tom iloaq th at , ' the celebrated clown, will also on that night, 7 eral 00,,;_naglit. ?ply, nuke his appearance, and sing se-''''' Pi:T(llu oongs. 9k 9k Pin 51g 4 204______./ 1! 11 i k 31 i i 7-f 4 i 11 1 2 I 2 i 1 13i 1A 81 9i 1 56 g 3 151 52 _.......•-_----'.' DAY.) „,01 4 )neral , ed. Beef , {o eal, 20 1 11 ` .4 u•case. stock h er d ed Land has r t 0 , g 10d; g a l s ° E ,a ;s Oct to - 4 , dr owly, at 0 e . were cl .0 ; 111utto;i0, 3s 8d Per ric e ' s and f o H u tton, " s ibs , 3s 6d per , o ff )Ck m oire" 1 . Mutt ''per Ito 3s 16 " 10 1 / bOV e , 0 1 7 l n '3: 4d t° :1 per 811* C love r 4/ Os ; 11s Pe r lov et 41 Os; 1 128 Pe r _ et c io 41 N ; 100 per sit C 010( the Iteturns owitiej, ;land and _ %O . . c f EANS. I 20 .8 2d 3 Pt ig ,,,i ". I ij li- Od VEEN' 13.4 0 re , 122; ),.1 Y.) v.w., ved—i labe r o ll : Rio Janvieoi edleY, ''' P. . ivr ive t tl v i bec• S3"e _Arcti c ' do.. rd wo ; Sw° ebec. Idol], from aving 1)" ,d—Activ e ' a—Tran° 3 ' • cd' Arnv,4 iglirsh brig) he carg; NO. 41 1 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 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 l'Hotel 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 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 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. 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, 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. I. Dijon and Besancon, 10n—Dutch Rhenish, 7—Great Indian Peninsula, 7i--Luxembourgh (Railway), 51 — Madras, 7A—Namur and Liege (with interest), 91—Yor thorn of France, 36—Ditto, 201. 3 p. c. Bonds (fmy. B. & Amiens Shares), 158—Norwegian Trunk Pref., 9—Paris Lind Lyons, 28i Rouen and Havre, 22A—Sambre and Meuse, 128—Upper India Scrip, p.—West Flanders, 5i —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. Me Cabinet will, therefore, have nothing to fear from the press touching their measure before the Cortes. ___ Madrid Bourse, Nov. 26.—The Three per Cents., 46i ; 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 e ' 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 with an article in " L'lnstitut National de France." The most interesting portion is that devoted to the considera tion ,f "Uncle Tom's Cabin," and the works which have been published in contradiction of its 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 thi s 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 500 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 pay. General de Rumigny, in a work published in the reign of Louis Philippe, proposed that a mess -table for the officers should be introduced into every regiment of the army. THE SUN, LONDON, THURSDAY EVEN ING, DECEMBER 2, 1852. 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 Thu 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 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 follol - ving that is to say, " Art. IV. :-1. Dry Leaves from Young Egypt, by an Ex-Political. Third Edition, 185?. 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 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 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 this tb z your c the following o is aboutna vgu e naßdeponent, 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 a n d b e li e f, w ithi n a b ou t e i g ht days' post of him, thatgea w th suluna at lo to aunt, sa tt y hhe e : "It is right t o i n f orm your L or d s hi p that I have been d yuut ao Nawab of Bhawulpoor, 16,0001. a year. The value of Subzulcot deporon Lordship d , s in Boongbarraph saidy u had given country between th e l a tt er an d R oree i s , th e l a tt er included, about 44,0001. a year, and f orms th e grea t difficulty in settling with th e A meers o f Hyderabad. They say it wholly ru i ns th em , . an d a ll d epen d en t on them :" Saith, that on th e 30th d ay o f J anuar y, 1843, he, deponent, again wrote to th e sa id L or d Ell en borough, in the following language :—" With regar d to the rich l 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 bat,le 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 deponcit's a - any 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 Lori 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 ca:-eei 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 arLiy 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 quire whether the strict letter of the trea ties the y had signed had warranted his enforcements 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 themsellB42 ves, he, it d e aep send d, s , did, , on the 25th day of 1 wr a letter to the Ameers of Hyderabad, of which the follow ing is a copy : "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 sof 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 t ent te e must u tenant at once punish the acting political ag, 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 n cant he tonments Bazaar mas at that station. Instructions shall b e give to ter that he may render any vent assistance in in his order to powe re r to the revenue officer of the ir Hi g hnesses, p smuggling from the cantonments into the town of Kurra chee • and every person d etected 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-G ene ral, whose displeasure it is hoped their Highnesses will n an ot be willing break the friendto incur by infringement of the treaty, d thereby ship existing between their Highnesses and the British Government." Saith, that in an other 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 faction of Ali Morad obtained the victory, and a hollow treaty was then con cluded, the con ditions of w hich , settling the territorial rights of the respective chiefs, were for greater oolemnity 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, 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 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 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 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 of her 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, 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, warrantin g 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 tha t 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 i n t e rview, and gave Ali Morad a writing to that effe ct 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 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 an Booughbarra, and the other portions of the country w h h deponent was directed by said Lord Ellenborough to take possession of previou s to the flight of Meer Roos tum. Denies, that, with the f or egoing exceptio n eer s were s, h posse ssions of all or any of t he Khyrpoor Am seized for the British Government, or that any separate appanage for the turban was assigned to Ali Morad by deponent or by the British Govern ment, but by the law of the country. Saith , t hat 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 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 article there was and is contained, amongst other things, the false, scandalous, malicious, defamatory, and libellous matter following, of and concerning deponent, that is to say— " The whole villainy of Ali Morad, and his consurrnate treachery to his brother, are now matters of und ou b t e d history, yet it was at the instigation of this c hief, l and . carry out his views, that Sir C. Napier adopted elrso.v.r_ lent proceedings against Meer Roostum a nd th an P o ' Khyrpoor Ameers. To the Governor-Generrea 1 a resented the authorities and public of this country,. ally.fol lowed, the forced abdication, and the confiscoatialoifneasitilheiscsh as a just punishment inflicted a In charity to Sir Charles, we must Esulgo that gra se nting he ,h w ew as . the dupe of Ali Monad's artifices. eve r, that the mischief sprang from andl'is itnhaeb villain,to dis criminate between the hones t man be tween the fidelity of a well-meaning, open-hearted friend unprincipled intriguer, seeking for and the designs of an power even at the . pr - e 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 spread." S a ith that the char g e herein made against him, viz., that it was at the instigation of the Chief Ali Monad, 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- 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 Outran], was still there as British negotiator, but the harshness of the demands mad e s i nce 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 Hyd era b a d, even t o th e 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 Affghan 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 o money between 500,0001. and 600,0001., and which 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 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 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 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 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 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 througho'it 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 followin g (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 wit h reluctance, anc w e, ar a w nd hie t h o compel our retirement from the In dus . f e e o r u e l e d d not up e h n a n v s e a b t e e t n h e f for o e s v t e e a o v n o v i d e e n d i e , n would h ttime, aanvde 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 of a generous soldier, he earnestly endeavoured to effect the objects of the Government without using the military means at his disposal. The firmness of the language h l e . adopted, and the energy of his measures, were bel u t ai ie culated to control a barbarous Durbar and, ba ps, it Ameers been entirely masters over their seems to be doubtful even now whether into have effected his purpose, and earrie4s,lhet t events which execution without actual hostilitie s s. Napier the peculiar own n w r t e o r a u o t l o y d not have occurred give to Sir Charleenisive success in war glory which attends the most d of pmeaeasneu.res which had for obtained in the prosecution n onent, has faithfully served their sai tobject lastly,the tphrmehtservatiodep that time he has never deviated years, and durin g e t s h t e of ex i Ee s n p se nw of er humanity, but from the strict line of public honour—that he her Majesty and e_rbet;redecessors for a period of 58 in any way fame at to lessen the always strove evils of war. never soughteftoor thefam RACING FIXTI MA' IRES FOR 1853. XR: Liverpool Spring 2 Warwick Spring l5 Coventry Spring 8 Kiplin Coates l7 Doncaster Spring 8 Northampton (2) 3O Salisbury APRIL. Croxton Park New-market Craven York Spring Malton 2l Newmarket F. S 25 Chester Newmarket Sec Sp l 3 Ol Shrewsbury T. Bath l7 Manchester (3).........• lB Epsom 24 Ascot.. Hampton l5 Beverley, Hull, &c l5 Bibury 22 Ju rNE. Stockbridge ............... 23 Wi nc hester ............ 24 Newcastle ................. 27 Newmarket 5 Worcester 5 Carlisle (3) Liverpool rLY. 19 ISt a mford Nottingham 2l I Goodwood 26 13 AUGI Brighton Brighton Club Wolverhampton Reading York l7 Derby Egham , 24 or 25 I:TST. THE HERO OF ,SCINDE AND THA "QUARTERLY REVIEW." - 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 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, 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 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 supportyour 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 dispose d 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 , yeur 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 Sande, 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 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 : " 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 information that 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 Itooattun 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 39 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 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 Upper Scinde, and those who came from Lower Scinde, with one exception, had no power to treat. And he, depo nent, learned fromhis 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 brino. 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, he, 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 Hyderabad, urging the chiefs of one of the most powerful tribes of Beloochistan to join him with all their retainers, and requesting them, so their forces of every description, and every disposable soon as the said letter should be received, to collect all 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 nationa men of that festival ; but that the termination of the same would result in the assemb l g e the number of from 60, 000 to 70,000 man ; and oclighting to 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 2,0E0 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 llahomed'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 n eighbourhood. 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 maunds of rice. Direct these supplies on Halla, where I shall be on the 15th.—Yours faithfully, C. J. NAPIER.—The 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 to halt on e day) here, on the 10 th in stant, and I have never budged. I intended to march yesterday, when your second letter, asking for another day, reached me (the 11th 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 l ef n -- ither Can nor will halt e within six coss and hofe wy 0. assembledu_ Tplenty h je i tr theyis very village w her e.p,lain , and I will not be their dupe. I shall ma rch to S y wdab ad to-morrow, and next day to Halls, and attack every body of armed men I meet, according to m y orders, a nd which it wo u l d be trifling to defer any lon g er, as no move has be en made for r tr f a e y the erdaye'and my sick - list increasing, it would be to troops to delay another 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, that s th ere - c an remain no do ubt of the fact that they have been using every t rick to get over the Moharem, as they could not sooner c ollect their troo ps. I t o-da y send off the letter cf Mee r Mahomed to Lo rd E llenborou g h. I d isk of th e i r li ves an d my ow n till not th e e l even th b u t th e ous ground on w hich I stand. will see the very peril- The troops have Lord E and I have delayed t we lfth hour. If me n die in cons equence of my de l ay , their blood may be j ustl y charged to my account.—Be froellmhenobp character firstoe ou m a y g te ho's an last, dearorder officer, friend,ffi at etoe r n r, their you sid e ; ,eve me, yours, dtc., sign a t i f t r o o r m e the person p t e e rs p o ie n ee t s o , " C. J. NAPIER." he, this deponent, received a Saith, that the Atneers o : fH s y ai d t e h ra t b h a,d at o o n b o ta r in ab ed ou b t a t c h k e the treaties that they had of which the follow twlr4hatmohl n p d l inygeeytf had d February, u been intru s ted, f l o 8 o 4 t 3 l i e n t g te i r s - f a ror ep t y h :_ e said Major Outram, "February 13th, 12 a.m. s as possible, cc my d e ar Sir Charles, —The Ameer s have sent to say that the Belooches ha ve become quite uncontrollable, have (term) y to i have naagne y t taken w ke a n y . a unlessn TRh o oe a oy t ehtbuemogn me is et righted hteo leave Koran ; refuse to obey them as soon and give the advice from pure friendship, &c., &c. lam told that immense numbe rs are flockin g 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 ; bu t I have told th e o fficers of the supplies, pslit eeaerteor enableto sen theduteot, hold h other te side of the river for agency if th e Belooches do attempt to bully, which, of course, I shall not quit. —Very sincerely, yours, J. OUTRAM.—I sent up all the men of the 22d, whom I had previously stoppe d , 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 n othmorning,er 100 and ment h the Planetwould make now utsh securee onl against all they steamer here. A 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 being co mmenced, 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, 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 paid Belcoch any, 311MlaiL 115 576 28 146 266 196 10 66 !151i 54 106 ii 6 P IP .~'/