The Sun. — London, England, 1841-03-05 00:00:00

~~~ 131 T lON ASSIZt bEOIIIE, CIRCUIT.-11EnTroRD, MARCH 4. D e p alli Court s proceeded to business this day: Lord snman sat on the Civil side ; and Mr. Baron Parke pre sided in the Crown Court. d a e T n he cal en d ar is very heavy for thi. county. It contains _ t ulles of t wenty-eight prisoners, twenty-four meles tutorboeur femal es ; not more than three out of the wholen t titi,re,ean real and write, and the great majority cannot e The Gr an d Jury having been sworn, Mr. Baron PARKE e s h se eds, to address them. His Lordship observed, that te gretted to see Viet the calendar contained a much eet er number. of pri soners t h an usua l, no t w ith s t an di ng ee ' ti t ti t he Quart er S ess i ons had only been held very re tt Y. Most of t h e cases were of the ordinary descrip est and it would not be necessary for him to make any isitervations reseecting them t gentlemen of their expe es:uee• There were , however two or three serious cases that Zel.t require some ex explanation as regarded the law affecting `'. He regretted to Lee that there were two chargce against fi d u n n o g :.e fe o m f a t l i c e s of murdering their illegitimate offspring, parties charged, it appeared, was not more an 'lte m years of age. This was a charge which now w ePearel to be very common—but whether the offence u as r eally itself on the increase, he would not pretend to 7. There were different opinions on this subject. By e ine it w as thought that the natural love of a mother for her child precluded the probability of her destroying ~..4 n d that t h e cases which occurred were to be attributed ' is tre to acc i dent than design. Others considered that cf sh ame and the dread of having to support err offspring, d e p r i ve d th em o f t h eir ordi .t.:rYd f eelings of affection, and that this induced the mother es es est r°Y her offspring. Wh:ch of these opine.) e most probable they had nothing to do with— they the mold only look to the evidence adduced before them and Y would recollect that the whole burden of proof lay b POn th e side prosecutor, and the main point for them to con eel! was whethe r the child was born alive, and unless that e satisfactorily proved there was as end of the charge ° th tnarder, In one of the cases it would be found that eseere we 'ema'lts of viole nce u p on th e i n f an t, an d th e y ti „ iu consider whether thi s v i o l ence was t o b e at t r ib u t e d If a ccident or to a wilful and malicious act of the mother. Pi l l:MI beari ng the evidence they entertained the out " that the charge of murder was not made but thLt a minor offence had been C3lll O - f Anit`'."l, although the petty jury had the power A l , it prisoner, charged with . murder, guilty of the trt-nor di nee of concealing the birth of the infant, yet he eQueht it would be better, if they believed that the charge ° nurder pl, ee could not be supported, that they should not f or "e prisoner in the terrible situation of being tried th,f!nirder under such circumstance., and he suggested wool be better on such . a case to ignore the bill. h et . ~was another case in the calendar of a peculiar cha 'r ier their county. A man was charged with felo °4lY da • • 'Lich offence was t nade f p i nla ging a steam engiee, Pear e d - L a nY by a particular Act of Parliament. It :p -iste t wit the prisoner had the care and management of e at s e:l-engi ne, and that instructions vere given to him Pee te t t° raise the power of the steam above seven se, and .to the square inch. He had, however, done bad teen A also appeared that the valves of the engine bell e ce a stopped up, and the consequence was that the ob , 1 1 ; bane. There was ' no proof of any malicious feeling eagle: D e l " a the p r i soner a g a inst th e p r oprietor of the T he la out that was not requisite to sappor t the charge. supposed ma l ice if t h e i n j ury was prove d to b e o f a th ' A malicious char ac t er ; b u t thi s , however, would the and for them to consider. If they thought from but t , de uce that the prisoner's conduct was to be attrid thet h: 4I Y to negligence and disobedience of orders,. es te Merely 'ought to get up the steam quicker fur juitifit ul :Pase of his own, the Grand Jury would not be iie tt .'" la fineG a true bill. They would, however, con k, the e and he had no doubt they would come oeor conclusion. dter e Delves, aged 24, Eliza Watkins, aged 25, and hete t , - a,reY. aged 22, were i n di c t e d f or feloniously as r?hhiilesj.snies Greenhill, u p on th e Q ueen ' s hi g hw a y, an d chief 'inn of some money, a pair of gloves, a haridker. PAN sled eth er articles, his property. And the indict the tine ch a r ged, in c on f orm ity w ith th e s t a tute, th a t at the La of the robbery the prisoners beat and assaulted It e secut or . e'teehn'Y found t h e pr i soners G u il ty , an d t h e C ourt fo e rs t :" that D owns and Watkins should be transported lkee 1 51 , 11 Years and that Percy, who appeared to have t a, y.' hue the commission of the offence by the other hosel",setald be imprisoned and kept to hard labour for Opth e "lar months. Posed „ e a Civil Side several undefended cases were dig "*. Lad no matter of public interest occurred. 1 1()D., 'CULTURAL NOTICE FOR MARCH. Th. ego - of 4; ecn,dition of the existing crops, after a winter ki .._ . orteuary duration, eie inter . becomes an inqu i i e r le t est. The whole of the autumn, inqu ir y of *e rPteteber, was cool, and the circnmstance was Neal:r e d at the time . ; its temperature made ?; and we found a similar observation had been °;lier er° S cotl an d t hat with the remark turnips and ut Ps failed to enlarge and perfect their growth ; Se° frost occurred till the middle o . f December. of 410earer!tly there have been three fortnightly periods ti t , *rah two intervals, each of a fe w . days' con of mild, open .we ' the . r ' t "Y litti with, however, -thi s t „,' °t the usual winter rain. Two or three 01,1 --' greet severity occurred, the first on the night 4114„, , + 'ebr - I 7 , and the second on the 3rd and 4th of dee h l tiar Y ; but during the former, vegetation was NIT y pr otected by snow, a covering mantle which i absent • slice s west of London, duc at th e In many f o g ytou were of February, when, in addition to ia ' te ere were three or four days of st pierc wind, which could not fai to e ffect mis . kit. bi 1. We o urselves have lost not hi ng i where the ll 4t i r: " 4 remai ne d unwoun d e d ; but in most in ter" Where borecole or other greens had been " cut A friend k tii ,o llt top, the plants have perished. 4e oh latrie:hat the 1447. us . in passing from Surrey through occupied by the chief market gardens, 'IN gelled hundreds of brocoli plants tha t . had been 1 :1 th r° !, e d ; this is sad, for it enhances the evil oec t asio e n v e i d . dee t ;yang period of constrained torpor, sinc e i s lab,. "tht 11.5 work of moment could have been ' effected T e h citt , e nt to the middle of December. t ° o t e 14 nd is at length free, and every seed of the 4rlll- useful spring vegetables ' ought to be sown. The ' rAnl tae ` es are Bishop's dwarf, Cormack's early Kent, 41 ti‘, e White Warwick ; any of these, crop after crop, I tay‘, - , Plants of former sowing emerge, and this rule 01P,PlY throughout the growing season. bor ee tine cabbage family sow earlysprouts, Brusselsed of the 111.041°1', sPrinkling of savoy ; and, at the e ti , York cabbage, °r N ad b b thickly that the seeds -av be sown in a ox so o r •Th`OOch, covCred w ith loam, and placed in a vinery triev",, i °4 t sttve, wil l vegetate rapidly, and may be Pleat: to the ground very soon. We have seen h s . t tle ;equre eight de rees of frost in April, and ( meg "E ri ,l t eqed by a boarded ridge), covered with bloom , t e r ,,,7, middle of Ma , 4 (1 4 , 1 ° weather towards the end of March, rich %v i e -4 be got ready to receive cauliflower plants that l 4 4 been under lights during the winter. Sow ce lery ta d ; all the " spindle"-rooted vegetables, a it 1, Th e "ea em, leeks, and onions. 4 sli„nY Pota toes for a second crop should be placed taily'saw trenches about the third week ; the frame, 1, br 41 , 441 Y , and ash-leaved, are the best. ; e d . , e-li ' d a _ed gently loosen the surface of asparagus 5 41 4 " suw aced for new ones. Regulate the Tows I nli e , ids of 'artichoke ; and dig up all the remaining tile : of the plant called Jerusalem artichoke, clearin g Nirrtoutlhnd entirely, and replanting it regularly wi th 14 th" er ,,,, o r' good cut set'. i l • t °ne ri.Zijruit Garden, prune and nail all the best 4141 , ii ti speedily ; finish the training of espa- T 4 an d graft apple and pear trees. 11 0 ,. e Flow r . , be prepared by digging, itn tri er Garden must r, t, rak,, %ir e ,' g, or fresh earthing and manuring, if 4411 '1 i° every department . teed . All foreign seeds, 1%1,4 in or half-tender seeds, are to heat,be %l ith e ' it Pans andsubjected to gentle . Brant:N-t to o f . time . Many herbaceous flowering , ( liV i l t ., i be put in the ground, or transferred, "t4ti al l-e ''''' a change of site and new soil itree.s fakir to all plants, Dahlia roots should be excite d in Iri e ttl °t to obtain young shoots for potting. tre e e Year 1 838, at this time, half the best ever ts of n v . r e Icon without a leaf, and the greater num °ll P ilit ta and crimson roses were found kille d to t h e Itl ' l n a h - ; N OW, we perceive no other injury than that t h ;• I lau. i ts occasioned by the force of the wind ; leaves 05 '-'keia, Ste., have been scattered in every direc the:irbvkit the trees are safe ; hence, this winter, t t ille - r IverY protracted, has not been so severe adduce th e of ' 838 ; we hope that all cur readers can if 4 , 11 .9 n-lite evidence derived from observation ; but ikvoL4r,tita losa t e h s e h p a l v a e nt h i e n 7 o s f u e s v ta e i r o y ed, the season will be 14 %rl le foe wittetiat shrub ,care only kind of evergreen being taken that regular ttatintig be given at every dry interval, and tha 'oil t o t tilf eekes of moss be laid over the surface of t h e t"e extent of the roots. 1., .k. g., . ...lIMIM,IIIni......IIMINIMIIMIIt IV'ter P i L4CI( OF MINERAL WATERS.—Mineral ,„ ke N, I , re Medicines prepared in a laboratory, the constant ' 441 '4 0 0, °f whose results is so certain, that we ourselves l e k arrip o ,7 sure of success in any of our chemico- medica l ' t ete t-°,, ex cep t iasfar as we follow the laws which !0111,3rregulat.: th e laboratory in question, namely, that Ore, These premises being granted, for they admit i ' 4 tei "Pute, wheref, re shall we not consider minera l e d suf fi cient to combat and remove :tett;which Other compound medicines, imperfectly put sPh e 41 eornpa-ed to P fluids naturally meditated, . ar . e 'Pas t-- t e combat sfull and remove?— Granville 2 is open succes. y :I.44,llEllNtee, MARCH I.—Her Majesty's ships 111111::: and Formidable have been brought down from - h °4l 41.-T,„' au Formidable are now lying at their moorings ready for l e' Q ia -4 An ord, ri s daily expected. We have now LAle4l4lll,erdown, Monarch, Vernon, London, and Form. In L',Y.ing in ft range in our harbour; the three .c f e orme e r r "N a esi;:: l° !on, the latter ready for immediateservl . Her diva • laip Asia is expected here to be pa id o ‘ tf. , a few d4 y4 , / tlttbi G n ~, IhtiP os A CHILD AT GAMING.— A 11;., v 9d: e n l ia.. 2 ,k_ya ale .Journal de la Meuse, " an inhabitant I,l,4l7,ll,ateprr),:deilurantiffdast,blubilliards, staked th . e hand of his o n ly against his adversary. tu ll _ r 'Pay rne _. L . elo st , and . the . winner has since insis be: and t al "' °!tng made, claiming the young lady, for. e'er ~ °T eise a sufficient indemnity. o Nib- ' "Peis to the validity of the bargain; and lc tiebt4 Cllll4ot be enforced by law." SPIRIT vt the PUBLIC JOURI4ALS. FROM THE EVENING PAPERS OF YESTERDAY. ( From the Globe.) We say Lord Stanley is the leader of a revolutionary party. He would make power change hands. This is frankly declared by the organs of his party. The Stan dard avows it. If the Bill of the leader of the Tories were to pass, the sixty Irish Members would become twenty, and the forty Orange Members would be made eighty. This is a revolution of power. By the Re form Bill power was taken from the aristocratic bo roughtnongers and given to the middle classes—this was A revolution of power from a class to a class. Lord Stanley tries a far more dangerous thing—he would effect a revolution of power from one race and creed to a hostile race and creed. Men who will quietly allow power to be taken from themselves and given to another class of themselves, will not submit to either the deprivation or the transfer when they are in favour of men of a dif ferent race and religion. This it is which makes the danger of Lord Stanhy's Bill greater than the danger of the Reform 8.11. The Whigs fought for the people, the Tories fight for power and place for themselves merely ; and like the gentleman who to roast his own eggs set fire to his neighbour's house, they inflame Ireland to make their own berths warm. They will be hot enough. Lord Stanley is determined to mow down the Catholic electors of Ireland ; and that none may be left, he would subject the whole ground to the perpetual gleaning of sharp and greedy attorneys. His success would legalise the bribing of electors with leases, or rather it would at once create a new species of slaves heretofore unknown in Europe, consisting of a constituency of electoral serfs ; the Orange landlords would be everything, and the Irish people would be nothing. This cannot be. They are eight to one—they are a fiery northern race— the spirit of liberty is high in them ; and if they are not powerful in constituencies, whils human nature lasts they will be terrible in conspiracies. (From the Standard.) That Sir Robert Peel committed a great error in 1829 we must be the last to deny ; but every day's disclosures give proof that his conduct on that occasion was the very reverse of selfish—it was, in truth, a sacrifice of himself, made in the noblest spirit, though in a bad cause, and upon fallacious grounds. When Sir Robert brought in the Bid of that year, he said that he knew he was proposing a bad measure, but that ho did it to obviate worse evil. What that imagined worse evil was we know in part, but in part only ; for although the death of the double-minded King whom his almost worshipper, Sir Walter Scott, charges with trying to usurp all power by balancing parties— for although the death of George the Fourth bas given some of the secret transactions of 1829 to the province of history, still others remain unknown, and must continue to remain unknown, until all the principal agents have passed from the scene. When Sir Robert Peel, therefore, boasts of his part in what is called the Emancipation Act, as he some times does, to the dissatisfaction of unreflecting friends, let it be remembered that he has never spoken of the measure as an abstractedly good one—he did not so speak of it when he introduced it : his boast, and it is a just one, is, that he sacrificed his friend, and office, and consistency, encountered misapprehension and obloquy, and the task of doing what was hateful to him, under an overwhelming sense of duty to the public safety. Sir Robert Peel's error in the case was an ignorance of the strength and spirit of the Protestant democracy an ignorance that would now be without excuse, but which was unavoidable to persons in his station in the days of red tape politicians, and before the Reform Bill had clearly marshalled men according to their po litical opinions. (From the Courier.) An American Grand Jury have found a true bill for murder against Mr. M'Leod, who however will not be tried till the fourth week of this month, unless the American Government should think fit to issue a spe cial commission. The spirit with which the canaille of America are actuated, and the chance which this gentleman has of a fair trial, may be judged of from the proceedings which took place antecedently to the finding of the Bill. Although the Judges were willing that the prisoner should be bailed, the impartial friends of Lynch-law insisted upon his remaining in prison, and the Judges were compelled to acquiesce. From all that we can see in the American papers there does ap pear to be a desire among a portion, at least, of the Americans (perhaps the less civilized and less enlight ened) to force a rupture with this country, either in reference to the case of Mr. M'Leod or to the boundary question. Should their malevolent efforts be success ful, all that we can say is, that they will deserve a thorough and sound flagellation—and we guess that they will get it. Our sailors will take care that they shall be well tarred, if not feathered. UNITED STATES. UNITED STATES BANK SHARES. The following details relative to the present supposed holders of United States Bank Shares is from the New York _Herald of the 13th : " According to the last report of the Bank to the Legis lature, the number of stockholders at home and abroad was put down as follows : No. of stockholders in England and elsewhere 1,390 Ditto Pennsylvania Ditto U. States elsewhere than Pa 1,658 Whole number 4,529 These held shares as follows : Number of persons holding stock to the amount of five shares and under 864 Ditto 10 do. do. Ditto 20 do. do. Ditto 50 do. do. Ditto 100 do. do. Ditto 100 do. do. Ditto over 500 shares " By which it appears that the number of persons holding less than 50 shares was 3,251. These are p rincipally the stockholder: in this country, the large holders mostly re siding abroad, of whom 42 belong to the nobility. The value of the shares owned abroad is 27,000,000 dollars, and of the remaining 8,000,000 dollar=, about 6,000,000 dollars are represented in this city, and the remainder in Philadelphia. It is therefore evident that much the lar ger portion of the capital belongs to foreign resi dents, who can exercise no influence in Philadelphia; while, on the other hand, all the capital of the other banks is owned at home, where the proprietors are on the spot to look after their own interests, and, if necessary to do so, even at the sacrifice of other interests. " We mentioned yesterday that the bank is a creditor of the State for 8,000,000 dollars, and as such she stands in the character of an agent of the foreign capitalists, who have loaned their money on the faith of the State. The State itself is a defaulter, and has not been able to pay its interests without the continuel aid of this inst'tution ; and for the State now to turn round and sacrifice it to the in terests c,f the other banks, is matter of great injustice to the stockholders, more especially as the errors of the bank have been partly occasioned by the errors of the Legis lature." The sales at the Stock Exchange on the 12th instant ranged as follows United States Bank 251 271 North American Trust Phoenix Bank 7B Illinois State Bank 45 Delaware and Hudson Farmers Trust Vicksburg Bank 6.1 71 Stonington Railway Harlem Railway The rates of exchange had undergone no material alteration. (From the Montreal Herald of Feb. 2.) THE UNION..--THE SEAT OF GOVERNMENT.--AS We mentioned before, the proclamation of the Union of Upper and Lower Canada will be made public in this city on Saturday, and the event will also be announced by a salute of artillery at noon on that day. We are now at liberty to state that the first session of the United Parliament will be h..ld in the neighbourhood of Kingston, U. C. Mr esident of the Board of Works, proceeded there some days ago to make the necessary arrangements, and we believe that a temporary building is .now in progress of erection in the naval yard. LORD RECTOR OF MARISCHAL COLLEGE —The interest attached to the election of Lord Rector of Marischal College for the current year, was rather greater than usual, (wing to the determination of the wild students to make it turn upon the Non-intrusion principle. At first, it was proposed by the Moderate students to bring forward the Marquis of Waterford in oppoetion to the Lord Ad vocate ; but, on consultation, the idea was given up, and the Earl of Dalhousie arid Sir James Macgregor were pitched upon as excellent candidates. For a time, it was intended to bring all the three to the poll ; but, after care ful examination, the adherents of the Earl of Dalhostsie resolved to coalesce with Sir James Macgregor's sup porters, rather than risk the election, the other party having given up the Lord:Advocate, and concentrated their influence on Mr. Fox .Maule. The election came off yesterday, when Sir James Macgregor was elected by a majority of 61. Sir James had a majority in all the nations except one. The /Vans are sadly cast down at the result ; and though we attach little or no weight to the eection as an index to public opinion, we hope it will have the effect of leading the lion. Member for the Elgin district of burghs to count the cost well, before he makes a stand on the Non-intrusion principle, either here or elsewhere, when he again solicits the suffrages of a Scotch constituency. —Aberdeen Herald of Tuesday. At the Louth Assizes a respectable young man, a farmer, named Patrick Began, was found guilty of the abduction of Miss Sarah Anne Weir, with intent to marry her. The young lady was entitled to some fortune, and having been at a party at the house of the prisoner, on her way benne with her sister and brother-in-law, a party of men stopped the vehicle upon which they were driving, and carried Miss Weir off forcibly. The police found her out next day, and restored her to her friends. The I Learned Judge Torrens, after dwelling upon the enormity of the prisoner's crime, directed that " Judgment of death" be recorded against him, subject to any commuta tion the Executive might think suitable. THE PENNY POSTAGE.—At the last monthly average made at the Post-office, Brighton, it appears that the letters have increased rather more than double to what they were under the old rate of postage. Thu number of letters now is ab out 4 , 500 d a il y. Th e p o p u l a tion of Brighton i s estimated at about 50,000 persons. THE SUN, LONDON'. PR/DAY, MARCH . 5, 1841. LAW INTELLIG,ENCE. VICE-CIIANCELLOR'S COURT, MARCH 4. WOODCROFT AND OTHERS V. RAYNER AND OTHERS. This case came before the Court upon motion for a spc, -I iajunctio❑ to iestain the Oe'endants from infringing a patent obtained by the plaintiff's who are weavers in Manchester, for an improvement in that part cf a weaving machine which is called the tuppct. By the system gene rally in work before the invention of the plaintiffs, the tupfets were obliged to be changed every time a different pattern was to be wove, but that inconvenience was re medied by the patented invention of the plaintiffs. The defendants asserted that the invention was not new, and that it had been in use for three years befure the plaintiffs obtained their patent. Mr. K. I3RucE and Mr. ROTCH, appeared on behalf of the plaintiffs; and Mr. WIGRAM, Mr. BETIIELL, and Mr. SULLIN SIIARPE, were Counml for the defendat,t._ _ The ergunients, which occupied the whole of the day, were not concluded when the Court roge. CENTRAL CRIMINAL COURT. (OLD COURT.) (Before Lord Chief Justice TINDAL arid Mr. Justice WILLIAMS. ) LOSS OF THE DRYAD. (Continued from The Sun of Yesterday. ) Benjamin Shultz --I was carpenter on board the Dryad in 1839. I arrived about 17 days ago in England from the coast of Africa. I was engaged by Captain Loose for the Dryad. She was poorly found in point of provisions, and in point of spars and gear generally. The Captain told me to keep the long-boat always in good order, so as to be ready for sea at once. I always kept two tools in the boat by the Captain's orders. I was at the wheel when she hove in sight of Anna Guarda. I saw breakers, and called Maxwell. He ordered me to put the ship about, and then he went to the Captain. I put her head round ; before that she was going right towards them. The Captain came on deck, and cursed me, and asked me who gave me orders to put the ship about. He pushed me away, hove the helm up again, and brought her head towards the reef again. I told the Captain I took the orders myself, and that 1 was not going to run the ship upon the reef in broad daylight. The crew then came all aft upon the quarter deck, and inquired of the Captain what he had a mind to do. He went to the cabin ; I went to the helm, and the crew braced the yards that I might put the helm down again. She went away, and cleared the rock very closely. If she was two minutes longer she would have gone fast on the rocks. Two days after we saw the Silver Keys. I told the mate, who called the Captain. The Captain said he could not see the breakers or rock ; they were plain enough to be seen. The man on the foreyard shouted out. The Captain was on deck. About five minutes after the man shouted the vessel struck. The Captain was very frightened at the time, and was shouting out, " What shall we do lads? we are lost." The long-boat was lying in the gripes of the ship, and the jolly-boat in her. Nothing was done to get the boats out. The rudder unshipped when we struck. The captain went below. I made a jury rudder. The night before we made St. Domingo, the strap of the jury rudder gave way. phis was about eight or nine days after we had made it. When the strap came off the captain's life-preserver was on deck. The crew told him if he put that on they would cut it all to pieces. We were then about five miles from Cape Hayti, close to the shore. There was no reason for keeping so close. The night before the gun was fired we kept out to sea. I saw the breakers of the reef. We were about five miles from the breakers when the gun was fired, steering right on them. The ship's course was not altered on the gun being fired. The night before myself and the second mato had been called by the Captain. He asked us what we had a mind to do with the ship, as we had no rudder to her. He thought the best way would be to keep her to the rocks. We said we could not do that. We thought the best way would be to keep her off the rocks, and stand out to sea for the night, and make Cape Hayti in the morning. We had not signalled for a pilot when we saw the Ben coolen. When the pilot boarded us, he hailed, and asked us where we were going with the ship.. Our course was not altered until the pilot altered it. The breakers were plain to be seen from the time of the gun firing. The wind was very free for us to keep off the rock. We remained in Cape Hayti Harbour nine or twelve days. Many complaints were made by myself and the crew to the Captain when we came into har bour. I made an effort to leave the ship there, but the Captain would not allow me. The Dryad left Cape Hayti on the sth November. I know the reef off Cape Cruz. She struck on it on the 10th. About ten minutes before striking on the reef, we struck on a small lump of rock. We had seen the reef all the day before very plain. The ship's course was not altered at all to avoid it. We struck in the night. We were acting by the orders of the Captain himself when we struck. The Captain was on deck all night. It was about half-past two when we struck. The Captain was never on deck another night before but that night. He was on deck when she struck. Simpson was at the helm. The Captain told him to let go the wheel and run away, as he might be wanted. No orders were given. No attempt was made to get her off. 1 sounded the pump nearly half an hour, and she made no water. She might have been got off easily. One of the pumps was choked ; I told Captain Loose of it at Livei pool, but nothing was done to it. The crew were on deck when she struck doing nothing. The Captain went into the cabin—he gave no orders to the crew. She might have been got off. The sails were all hoisted up, and no orders were given to get a sail in. The crew were willing to work if they had been directed. If an anchor had been heaved out and the sails doused she might have been got off. About ten o'clock that morning some Spaniards came on board in a canoe ; we were then hard and fast. The Captain asked the Spaniards if there was not a town close in? They said, " Yes ; thirty miles over the mountain." They said there was an English Consul there. The Captain then went ashore in the canoe, and stayed ashore until four o'clock. On his return he took our boat and four men, and went ashore again. He told us he had gone to the Spaniard's house. I and Harry Simpson were left on board. The ship had not made any water up to that time. There was another boat on board, and we tried her; we sailed round the ship. Close to the stern we saw a cigar box at the bottom, with an iron bolt close to it ; it was near the cabin window. fhe water was very clear in those seas. The cigar box had four or five letters in it. There were some leaves of a log-book in the box. When Loose came back next day he had some conversation with the crew. We finally left the ship next day about five o'clock, in the long boat, and went to Fal mouth, Jamaica, where the protest was made. We left the jolly boat on board. Simpson kept the papers we found in the cigar box. He afterwards produced them to the Captain. Captain Loose snapped them away from Simpson in Jamaica and gave him 51. to get them—that was at Falmouth. After I came on board on the Ist of September I do not know of any goods coming on board. If goods had taken a day or a day and a half in shipping I mus have seen them. I saw none attempted to be :hipped from the water side. None of the crew or Cap ta'm attempted to go back to the vessel from Falmonth. The Captain went to Montego Bay. From the time the crew left her she was abandoned by the Captain. Before we went to Fahnouth we found a hole cut through her by her stern, big enough for me to put my shoulder through. No rock could have made it. About 12 o'clock the Captain asked me if I had sounded her. I said yes, and that she was tight. The next evening I saw the hole. The weather was calm the whole time we were on the rocks. When I found the hole I sounded her, and found five feet water in the hold. After I found the hole she could not have got off. We left for Falmouth the day after I foiled the hole. I first saw the hole from the inner part of the ves sel. The Captain's state-room was locked. It was near the state-room. The Captain saw the hole plainly. He was in the cabin where it was. From the time we were on the Silver Keys the crew kept their clothes in bags, ready to save them, as we always kept close in to the shore, among the rocks and reefs. C. oss-examined by Mr. PHILLIPS—I gave my evidence to the Solicitors for the prosecution about seventeen days ago, on my ,rival in England. The Captain never asked my opinion as ta steering the vessel but once. I think the vessel was cast am jon purpose. I have said she was cast away accidentally. Ih ye sworn she was cast away accidentally.—( The protest of the Captain and crew sworn to at Falmouth, Jamaica, relating tot te casting away of the Dryad, was here put in and read.) l:e.examined by Mr. CLARKSON—I signed the protest which I was sworn to. We had nothing to eat. We had no wades. The Captain promised us our wages if we would sign it, and we signed it to get our wages. 1 refused to sign it once. There was about four pounds and some shillings wages due to me. I signed it at Falmouth. I was at a house where the Captain was. We asked him for our wages. He pro mised as soon as we had signed he would give us our wages. When we had signed he did not give us the wages, he would not pay them. It was after the protest had been signed that he was told about the cigar-box. Simpson told him if he did not pay us our wages we had something that would put him in irons. 'fhe Captain laughed and said he should like to see what it was. The Captain sent for Simpson the next morning. I saw Simpson go to him, and when he came out he had four one pound notes. I never saw the letters after. The Captain told me if I signed the protest he would pay me my wages and find me in grub until I had a ship. When I had signed it he refused me my wages, and told me I might go about my busi ness. He gave me a note to Mr. Wallace, the owner. By the JUDGE—The notes were Jamaica notes, twelve shil lings to a pound. Captain Fike, of the Bencoolen, recalled—A ship sailing from England to Santa Crus customarily goes on the south side of St. Domingo. The course laid down in the chart as the tract of the Dryad is decidedly a wrong one. She ought not to have got on the Silver Bank. It is laid down in all charts, and is well known. lam not aware of any fair purpose of navigation which could bring her in so close upon the shore of St. Domingo. The reef on which the Dryad was lost is plainly laid down in the charts and might easily have been avoided. Cross-examined by Mr. DOANE—The state of the rudder of the Dryad, when off Cape Hayti, would tend to render her less manageable. I have gone the north passage by St. Domino.g I never went to Cape Cruz. The main hatchway of the Dryad was closed when I saw her at Cape Hayti. The Silver Keys would be about sixty miles from land. Re-examined—l believe there was nothing in the state of her rudder to prevent her being brought round, when I fired the signal. William Norman Frost—l saw the prisoner Patrick Wallace in the Compter, after he was in custody on this charge. I had some conversation with him. I expressed my sorrow to find him in such a place. He declared him self to be an innocent man, but said his brother was a Lig scoundrel, and that ho was only acting as agent, and that he knew nothing but what the goods were shipped that were supposed to be shipped. Cross-examined by Mr. PHILLIP3—Up to that period I had a high opinion of him. John Roe—l am a police officer. I took the prisoner into custody on the 27th November at the Jerusalem Coffe:- house. He was inquirel for, and the clerk of the room called him ; he came to the door, and I said, I must trouble you to come cut of the room, if you please? When he came out, I said, do you know a person named S!ott? He said, I do. I said, Did you insure goods on bca•d the Dryad? He said, I did. I said, You must consider your self in my custody. He said, It's all right ; you may depend upon it. I took him to the Mansion-house, and searched him, and fund a bunch of keys on him. He was examined and remanded. On the way to the Compter he said, Ali t Mr. Roe, you ought to go after my brother ; he is the most guilty party ia this matter, and that you will find. You will find the policies are signed " Michael," and not " Patrick," ex cept in the Maritime, where I acted under his instructions ? I then went to his lodgings, 40, Windsor -terrace, and found some papers, which I afterwards gave to the first witness. I apprehended Michael Wallace on the 17th December. The book produced is one I found at the prisoner's lodgings. I apprehended Michael Wallace at a place called Pothouses, Lancaster. It is a poor cot tage in the outskirts of Lancaster. I had been looking after him before, but could not find him. It is close to the sea where I found him. I saw the sisters of the prisoner, and the wife of Michael, in custody afterwards. Henry Cotton—l am a clerk in the London and West minster Bank. Patrick Wallace, the prisoner, had an account there in January, 1840. On the 22d of January there was paid into his account the cheque produced for 1,0122, from the Maritime. On the sth of February the cheque produced from the Alliance for 715/. was also pkid into his account. They would make 1,70/. His account was credited with interest, so as to make it up 1 : 731/.' 6t. Bd. On the sth of February back, and on the Bth of F e b ruary 9 5 0/. was d r awn out. 1 he witseis then proceeded to detail the state of Patrick Well ice's banking a , count up to the 26th of NlarA, 1840, who,: Ow balance 1,430/. vtai d rawn out. I t appeare d that on the Bth 200/. Bank of En February a 5/. was paid gland note had been raid by the Bank in part payment of the 250!., and that the balance, 26th March, had been paid in one 1,000/. note, two 2001. notes, and a 30/. note. Cross-examined—Patrick Wallace had been a depositor in the Batik about a year before. John Saunders-_I atn in the London Joint-stock Bank. In January, 1840, Miehael 'Wallace had a deposit account thin.. This witness proved that on the Bth February, the day t'.e account was opened, the 2001. note which had been pni 1 by the London and Westminster Bank to Pa trick Wallace was deposited in the London Bank by Wallace. Jain Kempster, a elcrk in the Bank of England, pro duced the note for 1,000/., the two for 200/., and the 30/. note, which had been paid by the London and Westminster B.thk to Patrick Walla: e. They had been brought into the Bank on 26th Match, 1840, in the name of Wallize, and had been exchanged for sovereigns. Ti.e examiaa .ioa of ais witness being concluded, The Court adjourned for refreshment at tmenty minutes to th ee o'clock. On the re-assembling of the Court at three o'clock, the prosecutor callei— Mr. %V Main Herbert Mullins--I am a stock-broker. I know the prisoner. On the 27th of March, IMO, I put chased 1,100/. of Stock for hi-n —he paid for it all in sovereigns. It was transferred to tl:e name of Catherine Wa' lace. Mr. Cotton recalled—Stated that in February, 1840, Michael Wallace had also an account with the Lcndon and Westminster Bank. The cheque produced for 5001. (the Neptune cheque) was paid into the credit of his account on the Ist of February, 1840. He had at that day standing to his credit before, 1.0651. The witness then explained the state of Michael Wallace's banking account, from which it appeared that be had to his credit in that bank in Feb. 1840, the sum of 3,543/. 18s. 6d., and a balance of 3,455/. was drawn cut on the 7th Feb., the day after the last of the large sums ,had been paid in. Mr. John Bryant Prieetman, clerk in the Bank of Smith, Payne, and Smith, proved that 7th Feb. there was paid into the Bank a sum of 3,4001. in the name of M. S. S. Wallace. He had not kept an account there before. This closed the case for the prosecution. Benjamin Shultz recalled by Mr. PHILLIPS —There was a seaman named Fitzpatrick on board. I have not seen him lately. I have not seen him in London. Captain Fike recalled by Mr. PHILLIPS-Maxwell has been in London three or four times since the loss of the Dryad. Mr. C. PHILLIPS then addressed the Court for the pri soner, who had against him all the power of some of the most wealthy Insurance offices in London, who had left no stone unturned to procure his conviction. He, however, trusted to the justice of the Jury for the acquittal to which he contended he was fully entitled. He was accused of counselling Captain Loose in casting away the Dryad to defraud the Insurance Companies of the insurances ef fected on goods that were never put on board. Now they must, to convict the prisoner, be convinced that Captain Loose voluntarily and wilfully cast the ship away, and then must see if there was sufficient evidence to con vince them that the goods were never on bcard, and then they must be satisfied that there was evidence sufficient to convince them that the prisoner, Patrick Wallace, had effected those insurances, knowing that there were no goods on board, and that the Captain was about wilfully to cast away the ship. They were there to-day trying the dead, who could not cross-examine his traducers. If this prece dent were followed, how did they know that, after having passed through life respectably, some calumniator might not, when they were in their graves, trump up a story to stamp their corpse with the brand of felony ? Was it probable that Loose would endanger his own life by casting the ship awa y ? Although the papers of the prisoner had been ransacked, there was nothing found among them to bring the crime of which he was accused home to him. Now although it had been represented that the long boat had been fitted with tackles cff the ccast of Ireland, yet in the extremity of the danger that precaution had been forgce ten, and the long boat was found without any tackle at all in her and the jolly boat in her. The witnesses stated that when the Captain saw the vessel running on the reef he went down and went to bed. Was it probable, if he thought there was danger, that he would have gone to bed? He was represented as on ono occasion perfectly reckless, and on another as so careful of himself, as to put on a life preserver. The crew were manifestly discontented, and bad on one occasion threatened to cut it in pieces if he put it on. And these were the inconsistencies on which they were called on to convict the prisoners. Could they believe that Maxwell, who was so drunk ashore, was so sober at sea ? The gentleman meant to say he was certain of a thing when be doubted it. He could fancy what would have been the glance of the Attorney- General, had that witness come from another country. —( A laugh.) But now the Jury would know that when ever a Scotebman said that he doubted a thing, he meant-he Was certain of it. That man came to the Court last night in a state of intoxication, howling in his horrid dialect—( A laugh)—in such a manner that he was obliged to be taken off aid put into the station-house to get sober ; and when there he saw men in blue coats and trousers, perhaps a novelty to him-4 A laugh)—with white numbers on their collars, and yet did not know they were policemen. It was evident when Loose took the helm from Shultz that it was only done in anger, for lie gives it up a moment after and goes below. Again at Cape Hayti was it likely he would wreck his vessel in the face of the town of Hayti. And after a lapse of five hours it came out that they had made a progress to wart:lithe reef of just one mile. The pilot would not take charge of the ship unless the crew would promise to obey his orders. Why was that? Because the ship was in such dangerous state, and he sought that port in accord ance with the recommendation of Maxwell and Shultz. What could the Captain have done that he had net done ? It was attempted to be insinuated by Shultz that the vessel was ill found. Did he know that Mr. Kelly had sworn that be had examined the Dryad, and that she was perfectly sea worthy before he would trust his master's property on board 2 Did he know that Mr. Howden had given evi dence that she was in a perfectly sea-worthy state, and had every thing she ought to have bad on board. Could they believe Shultz? It would be contemptible to waste time in examining into such testimony as Shultz's, if the safety of a human creature had not depended upon it. It was strange that it should appear from the extract from the log book in the protest that there was a signal for a pihit flying when off Port Hayti, and that he should have asked when he was interrupted bythe Attorney-General whether Maxwell had ever said so before the Magistrate-. Was it not extraordinary that if he intended to destroy the ship, he should not have been glad to have accepted the offer of the hostile witness Schultz at Hayti to leave the ship ? Would men who thought their lives were in danger sit down quietly when the ship struck, as represented by Shultz? How was it that Maxwell, who had been in London five or six times, bad not uttered one word about all this until now ; and why had he come forward at last ? His Learned Friend had taken special care not to ask him that. Why did he not ask the Captain o the Port of Hayti to prevent the Dryad putting to sea ? I the prosecutors thought Maxwell a trustworthy per son, why did they require bail for his appearance ? And it was on the testimony of such a man as that that it was sought to brand with infamy and guilt a man who, according to the testimony of the prosecutors, had borne a high character up to the present hour. And they thought to corroborate that evidence by the testimony of Mr. Shultz, who, according to his own testimony, had sworn to a falsehood for 4/. How much had be got for the oath he had taken that day? Which of his oaths were true ? He bad admitted that he had sworn falsely for money ; and then, thank God, not with English, but with foreign audacity, he asked a Jury of Englishmen to convict a brother Englishman on his unsupported testimony. He perjured himself, for sooth, because he was starving for food end money. He got neither, and yet this starving man lived on. There were attached to the protest the oaths of five other men, besides the Captain, to the truth of his statement. The ATTORNEY-GENERAL objected to the Counsel for the defence alluding to the protest further than related to Shultz, there was no proof that the others had signed it, and be had put it in to give the defence the advantage of commenting upon it as far as regarded Shultz. Mr. PHILLIPS was procee ling to comment upon the protest, when he was interrupted by Lord Chief Justice Thme, who told him he must confine his observations to Shultz. Mr. PLllLt.rrs continued.—The Attorney-General, the counsel for the praecution had put into the box a witness who he knew had committed perjury. Judas betrayed his master for money, and this fellow had sworn to false hood on the Gospel of that Master. 'Why had nothing been said of all this at Falmouth, in Jama;ca ? They waited until the captain was in his grave before th , y brought for ward this story of his guilt. Would not the Agent of Lloyd's at Falmouth have taken care of them, and sent them home to give evidence, if they had imparted such a secret. HOW was it that nothing was said even when they had been set at defiance by the captain. Had the captain been on his trial could they have done otherwise than de clare him innocent. Never before had he known the ab sent tried where be had no means of defence• away, there was no evidence that the ca p tain had cast a way the ship. Would it not have bee n as well to await the arrival of Fitzpatrick, who was e xpected every d a y to corro b orate Take the evidenc e of Shultz the evidence of Shultz, but Fitzpatrick had also signed the protest, and perhaps they were afraid it might look like conspiracy. Without alluding to the case as fir a 3 related to the goods being or not being on board, he would come to the question —was there evidence to prove that Patrick Wallace was counselling and assisting to cast away this vessel ? Even if th e y su p posed that Micelaal Wallace, which he by no means meant to say, was connected with Loose in guilt, was there any evidence that Patrick Wallace was connected with them? He never was shown to be in Loose's company. He maintained it was very possible that Michael Wallace in Liverpool might have persuaded Patrick that these goods were on board the Dryad, and that in that belief he may insurances on them. He goes, not to a stranger, but to Mr. Stott, who knows Now, if he had b een cogn i sant him, in his own name.-and effects them of fraud he would have go ne to some stran g er, or h ave effected the insurances in the name of a third pe r son. And how did he act when 201. per cent. of th e insu rance was kept back—he th reatens to g o to l aw with them for it. Was that like a guilty man ? A n d w h at wss his conduct when Stott insinuated that the Dryad might have been lost ? he threatens to kick him out of the room. His whole c onduct was indicative of inno cence. His account to Stott that he wished the commu nication to the Consul at Cuba to be confidential because the goods bad been shipped without the knowledge of Zulieta, was a most probable one. No document tending to criminate him had been found among his papers. They admitted Stott was an innocent agent, and what was there to prove that Patrick was not an innocent aget.t ? and tho after knowledge of a crime wouhi not render him amenable to this indictment. The guilt of th^ brother by no means involved the guilt of Nteick. What was his exclam ition when he was taken ? Thev have got the i nnocent , an d l et t h e gu ilty one escape ; my rather is the guilty man. And Stott said that he believed that Pat. iek was the dupe of his broths-. Why were not l is sisters and Michael's wife put into the witress box ? The prosecutors said from humanity. That hu manity had been outraged when they were torn from their homes, and kept in conduement and is CM pease they kne.v how long. They had not been brought forward, because their cross-examination might have cleared the prisoner. The evidence of Frost, for which he was obliged to tl-..e prosecutors, also went to show that he was the dupe of his brother. He knew that every means that money or malignity could make use of had been used by these Insurance.offices against this young man, and he should call witnesses to character, undeterred by any tilt eat of cross-exarnina•ion. He could not close tha case without thanking the Court for the exclusion of much which ought hexer to have seen the light, and which could only have been published for the sake (.f blackening the young man, who, up to the present time had maintained an excellent character. The Learned Counsel then called Mr. Wil!iam Carpenter, a draper, living in Great St. Helens, who had known the prisoner six years, aid who gave Lim a Ugh character. Cross-examined —Knew the ship Jafrq-, commanded by Michael Wallace. Did not know if Loose was mate. Heard she was lost. Patrick Lever told him if he had effected any insurance on her. Had heard she was lost. Had heard Patrick mention tie Lucy. He never told me whether he had effectnl insurances on her. Had heard of the loss of the Lucy. Never had any conversation with Patrick about it. Ncvor beard he had any interest in the Lucy. Re-examined by Mr. PHILLIPS—Did you hear of the loss of the Governor Fenner ?—Ye,.r. Mr. PHILLIPS—Did you hear if he had any goods in sured on board her ? Sir.—(A laugh.) Mr. PHILLIPS I shall call no more witnesses. Lord Chief Justice TINDAL they, summed up, and told the Jury that they must be satisfied that Loose had wil fully cast away the ship ; but there was one point which had been much urged by the counsel for the defence, which seemed to him unfounded. It did not appear from any evidence that Loose was dead ; and the ba lance of testimony west, he thought, to prove that he was aLve. But still the law allowed that accessories might be tried, whether the principal were brought to justice or not. They must also be satisfied that the ship was cast away fur the purpose of defrauding the insurers or the part owners, and that the prisoner was aiding, counseliirg, and advising- in that wicked act. With regard to the casting away of the ship, they would have to consi der what credit they were inclined to give to the testi mony of Shultz, and to ace how far that evidence was corroborated by circumstances. If they were satisfied on that head, they would have to consider whether the prisoner effected the insurances for his brother, knowing there were no such goods on board at the time. It was not absolutely necessary that it should be proved that the prisoner had derived profit from the fraud; but if it were shown that be had derived profit from the transac tion, it would be for them to consider how far such a cir cumstance might be supposed an inducement to him to act in such a manner. His Lordship observed with re gard to the evidence: of Shultz, that they must look with great jealousy at the evidence of a man who admitted that he had on a former occasion taken a false oath. They could not look for direct corroboration of his testimony, but they were to consider how far the conduct and con versations of the prisoner, and the documentary evi dence, went to prove that unfair practices had been re sorted to by Captain Loose in conjunction with the prisoner. The prisoner contended that the articles mentioned in the policy were actually put on board. Now, if they had been actually put on board, it appeared it might easily have been proved ; and it did teem almost impossible that goods of such bulk, and which would take several hours to put on board, could have been loaded without some officer, or some one is attendance on the ship, knowing something about it. With regard to the bill of lading, one could hardly suppose that a captain, with an honest intention, would put his name to a bill of lading for goods that were never un board, as he made himself liable to an action for their safe delivery. Neither could it be imagined how any person could effect insurances on goods which were never on board a vessel with any honest intention. They were to consider whether the prisoner was aware there were no goods on board, or how far he may have put confidence in the representations of his brother, and believed that the goods were actually on board ; and they would con sider how far such a supposition was reconcileable with his previous conversations on the subject. If they had any doubts as to the three points to winch he had drawn their attention, they would acquit the prisoner. If they bad not they would find him guilty. The Jury retired to consider of their verdict at five minutes to seven. The Jury returned into Court at twenty-five minutes after eight o'clock, with a verdict of " Guilty." The prisoner turned very pale, and there was a slight agitation of his features perceptible when be heard the %erdict. The Court deferred passing sentence, and the prisoner was immediately removed from the bar. On the application of Mr. BODKIN the Court fixed the trial of Michael Shaw Stewart Wallace for ten o'clock to-morrow morning. The stock purchased by theWallaces, with the money re ceived from the Insurance Offices on account of the loss of the Dryad, was sold out on the day that Patrick Wal lace was apprehended, and remitted to Scotland through the British Linen Company, in whose hands it now re. mains, the Insurance Companies having issued a distringas to prevent their disposing of it. The evidence relating to the notes and cheques was given to enable the insurers to c'aim this money, in the event of their succeeding in obtaining a conviction of the Wallaees. In the course of the day, the Grand Jury returned a true bill against Michael Shaw Stewart Wallace, as prin and against Patrick Maxwell Stewart Wallace, for the wilful casting away of the ship Delta, with intent to defraud the underwriters. The Delta was lost in 1837. She was at that time commanded by Michael Shaw Stewart Wallace, and Loose, afterwards commander of the Dryad, was her mate. NEW COURT. (Before the CONIMON- SERGEANT.) Robert Barker Fitzjohn, aged 23, was indicted for stealing and secreting a letter, the property of her Ma jesty's Postmaster-General, he being employed as a letter carrier. The prisoner was tried and convicted on Wednesday, b fore Mr. Justice Williams, of stealing a letter contain ing money, which had been sent from Liverpool by Mrs. Waylett, the actress, who was examined as a witness. Mr. Shepherd and Mr. Adolphus conducted the prose cution, and Mr. Prendergast the defence of the prisoner. Several witnesses were examined, and it appeared by the evidence that the letti‘r was directed to a lady living in the vicinity of the Edgeware-road, and never delivered. That letter, with others, Ras found at the prisoner's lodgirgs. Mr. PRENDERGAST addressed the Jury, and called Seve ral respectable witnesses, who . gave the prisoner an excel lent character. The Jury returned a verdict of guilty. John Hannington, another postman, was then indicted for a similar offence. On the application of Mr. Prender gast, be was allowed to retract his plea and confess himself guilty. The COMMON- SEttGEANT said he was not its the habit of trying such cases, hence he would consult the Judges as to the sentence. On his return he ordered the judgment upon Hannington to stand respited, and sentenced Fitzjohn to eight..en months' imprisonment and hard labour,first and last week to be in solitary confinement. The punishment would have been more severe but for the recommendation of the Jury and in consideration of his youth. APPROACHING MARRIAGES IN HIGH 'AFL—We understand from a source on which reliance can be placed, that a marriage is on the tapir between Viscount Jocelyn, eldest son of the Earl of Roden, and Lady Fanny Cowper, youngest daughter of Viscountess Palmerston. The nuptials of the Earl of Abingdon and the lion. Miss Hardwick Ker, daughter of the late Lord Mack Kerr and Countess of Antrim, and cousin of the Marquis of Lothian, are to be solem nised on Thursday, the 11th instant The Noble Earl is in his 57th year, and the fair fiancee will complete her 25th year in June next. It is said the " match " is not wholly approved of by the members of the Noble Earl's family. The marriage of Sir Willoughby Wollaston Dixie, Bart., and Miss Lloyd, daughter of the Dowager Lady Trimles town, and Major-General Sir Evan Lloyd, is to take place at the close of this or early in the ensuing month. The day fixed fur the marriage of Lord Monteagle and Miss Marshall has not transpired, his Lordship has taken the mansion of the Right Hon. \Vin. Sturges Bourne, in Lower Brook -street, as hi; residence after his marriage. It is currently re ported in the higher circles that a certain wealthy lady has rejected the addresses of the eldest son of a Noble Earl, and his Lordship has, within the last few days, taken his departure for the " sunny clime," to brood over his mauvais succes. . It is fully believed that a distinguished Member of the Administration, at the close of l the season, will lead to the hymene , l altar, the fair daughter of one of his colleagues. When announced a few months back, the then rumour was denied, as was said, from " authority ;" but numerous cases might be mentioned, where such contradictions have gone for notl.i; g. By the way it is rumoured that a marriage will be brought about this season between the beautiful and accomplished daughter of a Countess, In belle blonde of Almack's, and the son of a Noble Prince. This, we ap prehend, is only a " matrimonial view," and should say, at most, in perspective. SCENERY OF ENGLISH AND FOREIGN SPAS. —As to the contemplation of a beautiful country, in many part: equal, and even superior to what one beholds near some of the Spas abroad; or the view of interest ing objects, particularly those of human industry and agriculture; or the display of country residences and superb domains ; or the sight of neatness, comfort, and order, in galeral prevaling among the country villages and country towns :—in all these things, supposing them to ac`, as there is no doubt thoy do, influentially and bene ficially on the invalid who journeys to his allotted Spa-- England affords them all to a degree that leaves no room for envying those of continental nations.— Granville's Spas of England. MAYNOOTH.—The argument for the extinction of this establishment, on which an Evening organ of the Tories relies, is, that the students are not the sons of gen tlemen ; and that, in after life, having neither the habits nor the feelings of gentlemen, they are necessarily ex cluded from good society, keep low company, and be come Chartists. Why, it i 3 a well-known fact, and is the boast of Mr. O'Connell and other friends of May nooth, that not a Chartist can be found in all Ireland. DEATH OF MARSHAL V I CTOR- - M arshal Victor, Duke de Belluno, notwithstanding the favourable appearances of Monday morning, bec ame worse d uring the day, and in the evening expired without muc h suit . er - ing, surrounded by his family and friends. IMPERIAL PARLIAMENT. HOUSE OF LORDS, MAzcz 4. Tho Earl of SHAFTESBURY took his seat on the Woolsack at. Five o'Clock. The Duke of RICHMOND presented a petition from Croydon, against the Vaccination Bill. Also a petition from the Guardcans of the Poor of the New bury Union, complainin g of being compelled to pay to the taxes of the town of Newbury. On the motion of Lord DUNGANNON the Roughing of Cattle Bill was read a third time and passed. The Earl of MINTO presented two petitions from places in the county of Roxburgh, praying for the total abolition of Lay Patronage in Scotland. The Noble Earl stated that he need hardly inform their Lordships that he did not concur in the views of the petitioners. The Marquis of NORMANBY presented ape. tition from the surgeons and apothecaries of Liskeard, in favour of Medical Reform. Tne Marquis of NORM ANBY presented a peti tion from the Presbytery of Nairn, praying for the abolition of Church patronage. 'lnc Duke of RICHMOND presented a petition from the inhabitants of Dumblane, in the county of Aberdeen, stating that they petitioned the House last year to redress their ,grievanc,s ; that nothing had been done to remove the cause of complaint ; and praying the House to repeal the Act which established Church patronage in Scotland. The Earl of RIPON moved for returns of the in come and expenditure of South Australia, including the source from which the income was derived, whether from the sale of lands in the colony or internal taxa tion, and the general expenses of the Government, from the time when the Act was passed establishing the colony. Tile Earl of GLENGALL gave notice that to-mor row be would move for the production of the corres pondence which had passed between the Government and the Poor-law Guardians of Ireland. ST. SULPICE. The Bishop of EXETER said, that, in presenting the petition, of which he had given notice to their Lordships, it might be convenient, considering the pe culiar nature of the case, if he entered a little at large into the merits of the case, as it appeared upon the petition ; and as he ventured to think it could be proved. His reason for thinking that would be the most convenient and fairest course was that as to-night he shoal I only move the petition do like on the table, this would be an opportunity to their Lordships for considering, if anything he could say should be worthy of consideration, the whole case, before any motion was made for ul terior proceedings by that House. The petition which he was charged with, was one of no ordinary importance ; it was one, too, of rather a singular cha racter. The petitioners addressed their Lordships with a prayer that they would interpose their advice with the Crown against giving sanction to an ordinance which had been passed by the Governor-General of Canada, with the advice of a Special Council in that province. This was, he believed, the first occasion on which such a petition had been presented to their Lordships ; but, singular as the incident was, he thought the occasion would justify that singularity, for most undoubtedly it appeared the occasion was far more singular than the incident. Her Majesty's Minis ters had laid upon their Lordships' table, and he was obliged to them far it, some despatches within these few days to aid their Lordships in their deliberations upon the petition. Her Majesty's Ministers had given to them a copy of the despatch of the Governor-General, dated the 23th of January, in the present year, in which he enclosed a list of persons who had enfran chised their property under the ordinance passed by him and the Special Council last June, and made this remark I am happy to say all excitement on the subject has now subsided, and I can conceive no possibility of its being renewed except it were supposed there was a probability of the ordinance being inter fered with in England. How little such an in terference would accord with the wishes of those who last year petitioned the Crown, you will easily understand by perusing the enclosed list." There was then given a list of t Proprietors who had enfranchised their property under the ordi nance, and among those who had enfranchised the largest quantity, were some of the petitioners. So far was he (the Bishop of Exeter) from thinking that that indicated any disposition on the part of those persons to assent to the measure, that I,e saw in it only a proof of their great moderation. They did not approach their Lordships with any earnest hope that they would induce them so to interfere, as to prevent the passing of any ordinance for the purpose of putting an end to feudal tenures from any pecuniary motive. They hoped their Lord ships would interpose and prevent far greater evils than the mere pecuniary burdens which would be imposed upon them by that measure ; and it would be his duty presently to state what, there far greater evils were in the opinion of the petitioners, and, he must frankly own, in his own opinion. Appended to the despatch of the 20th January, 1841, as one of the 28th Ja nuary, 1840—a long and rather el tborate despatch. That despatch being laid upon the table, he thougl,t he would not be transgressing the rules of propriety, if he catered into some statements a little at variance with those contained in it. The tone in which the Governor- General of Canada had spoken of the petitioners and tie petition called upon him (the Bishop of Exeter) to justify their character in their Lordships' estimation. Before the deputation of pet tioners left this country last year, they put into his hands certain statements which he would not have presumed to lay before their Lordships had it not been for the statements contained in the des• patch. The despatch said, " Accordingly I sent down to the Special Council the draft of the Ordinance, and after the fullest consideration it was passed." Now the fullest discussion implied a great deal, but it did not imply the fullest information. So far from that he might be permitted to say, upon the au thority of the Committee of the Petitioners, that when the Special Council were called upon to consider the ordinance, they requested to be supplied with informa tion—they called for an account of all that had passed between the seminary of St. Sulpice, the body wl o were certainly most interested in the question, and the Government—and also they called for informatis n upon the law of the case. They had not the advantage which their Lordships enjoyed, of having tl e opinion of the Judges when they required it ; therefore they very naturally wanted to be furnished with the opinions on the subject which the Government had obtained during the last forty or fifty years from the various Crown Lawyers. They also wanted to have information as to the value of the property which was thus to be given away to the seminary. But for rea sons, the grounds for which he could not discover, all information was peremptorily refused. Therefore, their Lordships would see that the fullest consideration did not imply the fullest information. He might also be permitted to say, that, in one other respect, the dis cussion in the Special Council was distinguished by one very remarkable circumstance—one that was without precedent, and unheard of before. The Governor- General then, for the first time, himself presided in the Council during the whole of their discussion in their legislative capacity.—(Hear.) That was new and unheard of ; and to prove it he would quo: e an authority which would be respected in that House, and would be considered of some weight—he would quote the authority of the Governor-General himsele The Governor-General had stated for the information of the Colonial Secretary, that he had appointed the Chief Justice to preside over the deliberations of the Council. And in the correspondence which he would quote to their Lordships, this important sen tence was added,— " 'expect great advantage will result from the presence of the Chief Justice at ti e Council, and from his presiding over its delibera tions, which I find are not carried on in the presence of the Governor-General." He, (the Bishop of Exeter) was happy to say that that opinion was common to all the Members of the Council, and ho was sure their Lordships would think with him when they should take into account the remarkable docu ment on the tenure of offices in the colonies. That document showed that the Government kept a strict eye over their officers in their capacities execu tive and legislative. Their Lordships would see how individuals voted and spoke and demeaned them selves in the dissensions of that Council. In the remark able dispatch to which he (the Bishop of Exeter) had alluded to, the noble writer of it stated that he had every reason to believe, notwithstanding the clamour raised by a few individuals in that city, and the violence of the press, the mea sure had been approved of by the moderate men of all parties. He (the Bishop of Exeter) was ex ceedingly sorry to hear that the moderate men of . t . h? l, British residents were so few, far by the signatures which he he would show to the House their Lordships I amongwhat a fraction ofth moderatee British men. T ha tresidents petition,e o u whichbu nwu°lmiunbder ethed signatures to which he referred, was dr G aw ordinances which had appeared in the ! d i e E af l te tr r a t o h r e_ o di n n e ary pro o p f o tl s r e e d C b ol y on t ie h s e , and Go w e i r i which wians etiectccodutnocbileittilstet ; Cant June.p to England, for the pur oinlt'sh.at oirmdmincadnicaetediyiffeornedthissoommelinnanotcoupniamssp;nogr: representatives were deputed againstaftetrh the address all.w a r d I petitionsmmediat Immediately pur pose t o h f a tp pressing n n g o t for had passed, a meeting took place, and mo! t certatn y tire the Governor-General .. might be appro priate, r ed th b a y t assembly, indignant at the measure thht had been entered into a strong declaration against it. Still, whatever might be the terms employed on tiett • occasion, considering the rights of property involved in the question, and considering also the far more gra% e an d important question of the rights of their religion, it could not be a matter of sur ' prise that even individual men should be roused into the expression of somewhat strone. terms. He would now state to the House who were the peti tioners who had been . so charact er i se d b y the Governor- General. The petition was couched in calm and rno derate language, and it was signed by about 2,000 of the persons who were described as the British Protcstsa t tom V 1N 'tro. Magietratee, clergy, lariOesiart.s . 1 P - Il 'a i'''''Pol . " l " , t.# of Montreal, and he AiAttlef oilltt:4 11 4 the Petiti" , had been sent off, withotiqieittrei 4 44rent who were so disposed to 'itgrOittp'-ite time t all trA - 000 of the British Protestant populatio. t . *i*,,cot of Montreal were a very conside ra bl e pr... eon . ^le . British Pro testant adult population. In the City of Montreal there I : .t i icz o about wen;C Ilomauls,ooO B a ri tl ti i s o l lc, t i in s hab 'tante. Of these a bout 00.1 fore, not m ore than I,,.ooo.N tl , i l e w r , e reu supposing hell of these wer e ma l es , t h at wou ld g i ve 6,000. He tai ne cl,th e one - would venture to say that they had strictly adhered to the resolution of not admitting the signetures of chil dren, but only of the adult male population. Wheo he said the petition was signed 2,000, he might sift y infer that it was signed by two.thirds of that adult population. But that was not all—those de scribed by the Governor " as not belonging to the moderate men of any party"—thr se men so held up to the indignation of the House, were, a portion of the in, men entitled to the respect of that House, Magtstrittes of fie city—there were also clergy, but these were cot always considered entitled to the respect of the House, and were not perhaps to be accounted model-etc men, and therefore he would otnittheelergy.—(A loutgle) But tho:e were Magistrates, twenty-lour Magis trates in the City of Montreal, and of these how many had signed the petition ? Eighte. ri. Of tbe remaining six, two were absent in England on elsewhere, two were members of the Special Council, and as such, though avowedly favourable to the pe tition, declined subscribing it. Titere remained one, or at most two, whose names were withheld and as he (the Bishop of Exeter) was told, net from any disinclination to it, but for reasot s which they did not give, or, as he had tea son to believe, were perfectly datinct from any thing like opposition. But supposing this was not the case, a majority of 18 bad acme forward to expiess to their Lordships their earnest prayer . to inter pose and save them from the great calamities vvitich they apprehended must ensue, net only to themselves, but to the peace end safety of the cal any if this mea sure was not resisted in its progress. If', hottever, nei ther the 2 000 who had signed the petition, nor the 18 Magistrates, nor the clergy, deserved attention, there was one individual whose name was to tiched to it, whern he (the Bishop of Exet.r) was sure the Noble Viscount (Lord Melbourne) would say deserved it, and who,he was quite sure, would be recommended as such by the Gover : or-General hires .If. That gentleman was no less than Mr. Dey the Solicitor-General of the provinces. He was not Solicitor-Generel at the time he Si g ned the petition, hut became so before th e p ass i ng o f the ordinance. That he was made Solicitor-General was proof that he was a moderate in in, and therefore one moderate man at least had signed the petition. But what was the conduct of the Magistrates in the Special Council ? But two of them vote 1 against the measure. But though the despatch said this, it did not say that two others who had declared themselves against it, for reasons which, no doubt, satisfied their own consciences, had stayed away . and did not vote for it. One was Mr. Day, who as he (the Bishop of Exeter) was informed, oppose 1 it in Committee, but on the question that it should be engrossed (a style equivelent to the third leading with us) Mr. Day was not preseut, and did not vote. There was another Member of the Special Coun cil, Mr. Black, who opposed the ordinances, and he (the Bishop of Exeter) was assured on the credit of men of honour and veracity that it was per fectly notorious in Montle al that Mr. Black, having intiwated his opposition to the ordieeteicee, was sent for by the Governor, and nothing more was heard of his oppos:tion.—( Hear, hear.) He (the Reverend Prelate) would not say, " Quin post hoc, ergo p ropier hoc." But Mr. Black did not afterwards appear at the Council during the discussion of the question. Ile would not trouble their Lordships further as to the character of the pet tioners. Ile would now go to their prayer. They said they hod petitioned her Majesty not to consent to the incorporation of the Religious Society of Montreal, and ally prayed her to relieve the inhab:tents of thet city and province front the degrading vassalage to which they were subjected. They were willing that the rcv.•nues of the Island of Montreal should be appropriated to public pur poses. They did not pray to be relieved flow the hurthev, but from the degrading conditions upon which it was imposed. The petitioners now prayed their Lordships to adopt such treasures, either by address to her Majesty or ctutrwise, in relation to the affair, as might tend to re tv tet the consummation of the obnoxious ordinances. He would now explain to their Lordships the way in which the petitioners were treated in the de ;patch of the Governor. It was said they were parties, and not only pa, ties but assenting parties, to the bargain. Mr. Charles Bullet's Report teas to be found in Appe tdix E to Lot d Dur ham's Report, pages 185 to 188 ; and he was per suaded that if their Lordships were to look at what Mr. Buller said, they would find that his opinion on the suf.- ject would not evatraet the opittion of the Governor- General. Mr. Charles Buller was entrusted with the duty of considering the question, with a eieta to the srttlealeat of the disputed points. Lord Durham de sired the Superiors of the Seminery to attend on Mr. Buller, and Le also se'eeted, of his own choice, three individuals, whom he no doubt considered fit for the ta'k. It appeared, however, that these parties ee e chosen without the concurrence, and even without the knowledge of those most ieterested in the matter. Mr. ,tiilnehriarztliriptir:caohsl.i. Buller made, as might be expected, a very able Re port ; but it appeared that the Governor had not at that been able to obtain the consent of the hen is of the Seminary to the ordinance, chile it was resisted by the British party. A. deputation soon waited on Lord Durham, entreating him not to carry the ordinance in ' to effect, but he intimated his displeasure at that inter- , view. He the (Bishop of Exeter) said that, without wishing to say anything disagreeable to the surviving friends of the Noble Earl. The Noble Earl was suc ceeded by a Noble Lord who he wished was now in that House, in order that he might give them the benefit of his statements. Lord Sydenham seeing the mater nearly concluded, proceeded with the ordinance ; this also get wind, and, just before the publication of the ordinance, a deputation waited on Lord Sydenham, stating that they had not acceded to the ordinance, at which Lord Sydenham expressed his great surprise. These parties from first to last had declared themselves against this ordinance, for the high and grave reasons he had all-, arly stated. He had now stated the history of the ordinance, up to the time when L srd Sydenham went out to Canada, and lie would now say something of the S,?minary of St. Sulpiee. He rejoiced in the first place to say that the parties who had subscribed to the petition, had clone that which erftled them to be considered as acting most moderately. Tl.ey had not said one syllable that reflected upon any of the members of that hotly. They deplored its eeietance, constituted as it was at present, but they had made no statement that reflected upon it. It was with great satisfaction that he took that opportunity of stating that from all he had. heard and teed of the gentlemen who had signed the petition, he believed they were ertitlA to the utmost whichpra ise theyt or consideredtle e their pe rse perseverance a tbnee theira anal zeal d z u e t a y l . in pe d r o i i i n a p g that s I.e might say that the most important part of the commu nications that had taken place in respect to this semi nary was that which occurred when the Commissioners on the grievances& Canada went over to that country in 1836. A Noble Earl not now in his place, a gallant &lie ,nand a late Judge in India, opposed that Commis sion, and those three Commissioners, while they nega tived le the strongest terms the legal claims of this semi• nary to its possessions, urged their equitable claims. Two of the Cotnenissioners were leis strong in speaking of the claims of this seminary being without foundation, but Sir Charles Grey hesitated net to say that the tleir equitable legal claims were totally without foundetion.—(Hear.) But Sir Charles Grey acknowledged rights; and if these noble, learned, tips had been content with m erely _namely, front and g allan th ts r erso9e opi nions, those opinions would have not for the legal, weight. The strongest reason of these parties was the but for the equitable claite.ofe.Nbeeneasteantitniftled to great S it l: v i a l s ar s t a i : e d le s Grey di . not enter. party and possessions. Uponent ; tic c onsidered it entirtly what did it rest ? It was t o a u it t i o f thatthe fo ci r u a e s s t i i n o g ri l . e . thatof the the csaupois,tiuiorloacrti.thoosanrslphefoolti,iiernuttroeiaul ° o rn ; twenty years—namely, given after the passing of subject=, ecest3aclause - ngest seemed upon a alma in ti , e Royal list e u p e t t r i e, n i s 6, i o t u o s. t o h rn- Of all the reasons, ea! e a e t o f; n r i s a cd s a a lo id ng ti r ' the co nquest of thateloiccoleilgowoney;tr,aebtgllo7vertliGg,tiolitlveesurtntrnotiehnetse period of of that Act, c‘ p. y r h o s ' iie ‘c o ' h is n nt i c , o e , t a i e s i ti:e l i a Y th s o o f f G t n ai l i e n d a ri likees ,• 111., it was provided that iii d t e h r e s liQi a s : Majesty lbcajcesAtyc'ts communities,in Canadian 174 . should ' nsttibh freely hold their t sions and property. This e e e s . s e e e absolute ex clusion and ifpitcislsicasd res!ed there, be ventured to say have heard of this quiet acquiescence, for the part of the Governors. But, .•'order7o years,. on . that favourably to the seminaries, t Lit t. O to o . explain cited a part of the instructions which s ' ver L e immediately afterwards given to the Governors. Those instructions were as follows :—" That the society of Romish priests, oftailed Quebec and Montreal, ed the S em i nar i es continue to possess and occupy their houses or resi. deuces, and all other houses and lands to which they were lawfully entitled on the 17th of September, 1759." 'l'he Commissioners, in their Report, did not give the precise words. They preferred to put it into different language, instead of having recourse to the mere dry official document.—(Hear.) He would read to their Lordships the etatement of the Commissioners. No instructions were given to the Governor of Canada on the 3d of January, 1779, in consequence of the passing of the Quebec Act in the preceding year, by the 11th section of which it was directed that the seminaries of Quebec and 4ntreal should re , ma i n i n posseision of all the h o sex and lands of • which t h e y were in possession on the 13th of Sep • tember, 1759. These instructions absolretely negatived • the conclusion to which the Commissioners came. The Coitiatissieners stated that they store to remain i n possession of all the houses and lands of which they g