The Sun. — London, England, 1841-10-30 00:00:00

EVENING SUN SECOND EDITION THE FUNDS-(CLOSING PRICES) BRITISH FUNDS, Bank Stock l6-11 India Stock . ... 2.1•1 h 3 per Cent Red. 874 Ditto Bonds 3 per Cent Cons BBa Ditto Old Annuities ... 3i per Cent Red 97a iDitto New Annuities... New 3-i per Cent 9Bl Ez. Bills, 1,000/....21d —pm New 5 per Cent Ditto 500/ Long Annuities toexpire • , Ditto Small. . Jan ; 1860 l2i Bank Stock for Acct... Oct 18.59 124 India Stock for Acct.... Jan, 1860. FOREIGN FUNDS. Austrian, 5 per cent Portuguese, 5 per cent. Belgian, 5 per cent — Ditto, New Ditto — Brazilian 80nd5.... ssi Prussian, 5 per cent. Buenos Ayres, 6 per cent Russian, 5 per cent — Chilian, 6 per cent...... 65 Ditto, Metallic Colombian, 6 per cent... 'Spanish, 5 per cent 203 Ditto, 1824. ... ..... 19 Ditto, Deferred ... Danish, 3 per cent ... 784 'French, 5 per cent. —f. —e. Greek, 1825, 5 per cent. i Exchange Mexican, 5 per cent.... 'French, 3 per cent —f. —c Ditto, 6 per cent, 1825. Dutch, 24 per cent. ... 51. 1 ,- Peruvian, 1925, 6 per ct. ' Ditto, 5 per cent 99.; SHARES Great Western Railway (65 paid) Ditto New Shares (50 paid Ditto Fifth (4 paid) London and Brighton (50 paid) London and Birmingham (90) Ditto Quarter Shires ( 5 paid) Ditto Third , . (32 paid)... London and Greenwich Railway (20 pd) L• ndon and South Western North Midland Railway (100 paid) Manchester and Birmingham (40 paid) ... .. 21i Ditto Thirds (10 paid) York and North Midland Railway (50 paid) 79 214 52 6} INSOLVENT COURT.-THIS DAY. IN RE SAMUEL MAYNARD. The insolvent on applying be discharged was op posed by Mr. Cooke, on the part of Mr. M'Williarn, one of the MagiEtrates for Middlesex. It appeared the insolvent had, along with several others, taken posses sion of certain premises, of which the opposing creditor was the head landlord, and which were in Chancery, and put him to enormous expenses by litigation when he sought to recover possession. After a lengthened investigation the Learned COM MISSIONER ordered him to be remanded for six months from the date of his vesting order. CRIMINAL COURT-(THIS DAY.) OLD COURT. INCITING TO THE COMMISSION OF FELONY.—John Johnson, aged 20, was indicted for inciting Edward Jones to commit a felony, on 29th August last. Mr. CLARKSON, in stating the case to the Jury, said that during the last Sessions Edward Jones had been convicted of a burglary in the house of Mr. Drake, in Camden Town. Jones had been endeavouring to in duce Cole, Mr. Drake's servant,to assist in committing a burglary in his master's house ; Cole Lad given information to the police, and they were set to watch in the house. The prisoner Johnson, before the bur glary, joined Jones 'and Cole, and they went to the house of Cole's master. Cole lifted the latch, Johnson went in, and was seized by the police, and Jones went in and took a basket of plate, when he was also seized. Jones and the prisoner were subsequently tried at the last Sessions, and as Johnson was in custody at the time that Jones had taken the plate basket he could not be considered as in a condition to commit the robbery. He was therefore acquitted, but detained to take his trial on the present indictment. Tne Leered] Counsel then called witnesses to prove the case. Mr. BarLn GURNEY summed up, and said if the Jury believed that Jones had committed the burglary, and that the prisoner bad been counselling the robbery before hand—of which the fact of his presence in Mr. Drake's house might be considered tolerable proof— they must convict him. As he was in custody at the time Jones took the plate he coul I not be considered as a principal. The Jury found the prisoner Guilty. A [ revious conviction having been proved against him, he was sentenced to transportation for lite. It appears th:.t the prisoner (whose age appears nearer thirty than twenty) and Jones, are brothers, and that their real name is Blzck. SPIRIT of the PUBLIC JOURNALS. FROM -rue EV. - .NING PAPERS OF THIS DAY. GLOBE.—The speech of Mr. S?enccr, the leading counsel for Nl‘Lcod, together with the vigil once and z:.al he and the !c trned gentlemen associated with him in conducting the defence of the prisoner, employed throughout the whsle of the protracted trial, show how perfectly gratuitous and ungenerous was the insinuation of the Times, that the case of the accused would sustain damage because placed in the hands of members of the American Bar. The designation given by that journal to the trial itself was equally unjust and insulting. The trial was no "faree"—no mere pantomimic display, fur nished for the amusement of t'..e weakness, or for the gratification of the vanity, of the people of America. We have looked with great care through the whole pro ceedings ; and are—from a sense of justice to the tri bunal by which the enure so pregnant with matter to influence the Judge, the Counsel, and the Jury— compelled to ailtnit that the proceedings were con ducted with as much dignity and impartiality as could have been exhibited in any cause submitted to the ad judication of the highest court of justice in this country, The defence of Al' Lead was placed on thre, grounds. each of which was most ably sustained by his Counse!. First, that what( ver consequences resulted from tl e attack 00, and destruction of, the Carol . rie by the i tish, those consequences were justified by the character of that vessel, and the service in which she was avow edly embarked. Secondly, that the American Govern: l ment having treated the destruction of the Caroline within its territy as a breach of the law of nations, and having demanded reparation and satisfaction of the British Government on account of it, the British Go vernment having adopted the act, and held itself re sponsible to that of America for it—the responsi bi ity of the individual passed to his Government. Thirdly, that M'Leod had no part in the death of the man with whose murder he was charged by the indict meat ; he being, in point of fact, far distant from the scene. This was shown to be the case by numerous unexceptionable witnesses, who were examined for the defence. The reply on the part of the prosecution and the Judge's charge to the Jury, are not given in the American papers. The Jury, of er deliberating half an hour, returned a verdict of Not Guilty. The result seems to have given_ general satisfaction. Even those who predicted, and possibly desired, a different terminr.- Coe, neither question the impartiality of the trial, ncr impugn the justice of the verdict. STANDARD.— We think that the event of M'Leod's trial must have an effect in both countries valuable even beyond the termination of a long prc tracted, an angry, and dangerous dispute. In Eng'and v e will learn to distinguish more accurately than perhaps we have been in the habit of distinguishing, beta eon the several classes of American eitizcins—between the in telligent an d moral class, who, though unhapp il y ren dered, by unalloyed dem . o . ci atieal institutions, and by the ab an d onment of religion as a national object, proportionably less numerous than they are in Eaglaed, constituts, vhtlieless, can community —we a large division of the Ameri must learn by the M 4 Leod's trial, we say, event of Mr. and the godless rabble' to f distinguish between this class mere political savages—the spawn of national indifferenc esys e te to religion, and of an ex tremely democratic other side of the Atlantic, of government. On the pass unmarked, or without the same distinction cannot a profitable result. The good men of the commonwealth cannot look without shame to the utter grountssnesa of th e li e upon which agitation has be en alive i n th e nort h ern states for more than t wo or kept three years—of th e li e t o been which American honour has en committed du r i ng it that period, and which, had prevailed the wh o l e ailed in th e i r : b co urts of justice, must have en of the North American continent a war, the o nly certain effect of whi c h would be the break iing up of the commonwealth, and th e commence ment of anarchy among the states, o f w hi eh faint type has presented itself in th e a l most desola lion of the late Spanis h American States. And all from what unworthy cause ? The villainy of a set of wretches of whom the New York Commercial Adver titer speaks in but just terms of indignation :—"ln the manner in which some of them swore, was evinced a most awful picture of the depravity to which the hu man mind can be brought." We have such 'Miens in our own United Kingdom , as too many trials hav e proved—but here is the difference. Our institutions prevent that they can ever exercise the influence exer cised by the hunters of Mr. M'Leod's blood. HER MAJESTY. We are happy to state that her Majesty continues in good Leila]. t Some extraordinary revelations areexoe,,etleo e d to at tempted from the trial of Quinesset, the fellow tempted to stir of the French Princes, some time is a.e -since.lt is said that it will h e cl ear ly es t a blished that therc ! i le club, Laving exten s i ve rami . fl cation!, intx l 7 e a tenc b e le . The French Ministers will, it is said,, to bring f orwar d th e i r b u d get at t h e commencement 111 a aroaching Parliamer tar t' S e ssion in a state ent of balance —that is, the receipt and expenditure will be even. It is also int.:i.ded to approi,riate the surplus of th e l oan obtained by M. 'Tiers for war purposes, to the formation of railroads and other domestic purposes. CIVIC ItEPEALERS —lt is remarkable that of the ten Aldermen of Dublin, nh) went up to the Castle with the Corporation Address last Friday, and to whom Lord De Grey appealed for support in maintainin g the Union, two " ex pressed themselves anxious for a Farbament in College green," only a brief year ago namely, Sir It. Baker and Alderman Ev "Ynenindraga• Ala!, alas ! Nusquam tuts fides."—Dublin ' Post. A Cabinet Council was held at the Foreign office to-day. All the Alinister,; in town were present. Sir James Graham visited Sir Robert Peel this morning in WhitehaL-garden3. Lord Wharneliff e is suffering under a slight at tack of gout in the hand. 10 - ~fi FROM LAST NIGHT'S GAZETTE. WHITEHALL, OCT. 28, 1841. The Queen has been pleased to direct letters patent to be passed under the Great Seal of the United Kingdom of Great Britain and Ireland, nominating and appointing James Lewis Knight Bruce, Esq., to be First Vice-Chancellor under the Act, passed in the last Session of Parliament, for making further provisions for the administration of justice. The Queen has also been pleased to direct letters patent to be passed under the said Great Seal, nominating and appointing James Wigrarn, Esq., to be Second Vice-Chancellor under the said recited Act. WHITEHALL, OCT. 29. The Queen has been graciously pleased, on the nomination of his Grace the Earl Marshal, to appoint Albert William Woods, Esq., Portcullis Pursuivant of Arms, to be Norfolk Herald of Arms Extraordinary. WAR-OFFICE, OCT. 29. 9th Regiment of Light Dragoons—Lieut. C. H. D. Dono van, from the 13th Light Dragoons, to be Lieutenant, vice Madocks, who exchanges, Oct. 29. 13th Regiment of Light Dragoons—Lieut. J. E. Madocks, from the 9th Light Dragoons, to be Lieutenant, vice Donovan, who exchanges, Oct. 29. Ist Regiment of Foot—Lieut.-Colonel A. Brown, from the 79th Foot, to be Lieutenant-Colonel, vice Carter, who ex changes, Oct. 29. 10th Foot—Lieut. F. G. Cook, from the 37th Foot, to be Paymaster, vice Uniacke, deceased, Oct. 29. llth Foot—A. E. P. NVellings, Gent., to be Ensign, without purchase, vice Nowlan, appointed to the 70th Foot, Oct. 29. 31st Foot—Lieut. D. Browne, from the 32d Foot, to be Lieutenant, vice Smyth, who exchanges, Oct. 29; Ensign J. P. Robertson, from the 46th Foot, to be Ensign, vice D. S. Robertson, promoted, Oct. 30. 32d Foot--Lieut. J. D. C. Smyth, from the 31st Foot, to be Lieutenant, vice Browne, who exchanges ; H. E. Weare, Gent., to be Ensign, without purchase, vice Rushbtooke, deceased, Oct. 29. 37th Foot—Lieut. J. 0. Lewis to be Captain, by purchase, v:ee Wilson, who retires ; Ensign G. Lawrence to be Lieute nant, by purchase, vice Lewis ; J. Clutterbuck, Gent., to be Ensign, by purchase, vi e Lawrence, Oct. 29. 40th Foot—Lieutenant C. J. Colville, from the 85th Foot, to be Lieutenant vice Vance, who exchanges, Oct. 29. 46th Foot—Captain W. Armstrong, from half-pay of the Royal African Corps, to be Captain, vice Custance, appointed Paymaster of the 2d Dragoon Guards ; Lieut. J. E. Carrol to be Captain by purchase, vice Armstrong, who retires ; Ensign A. Wombwell to be Lieutenant, by purchase, vice ' Carrol ; J. P. Robertson, Gent. to be Ensign, by purchase, vice Wombwell, Oct. 29 ; H. F. Sandwich, Gent., to be En. sign, without purchase, vice Robertson, appointed to the 31st Foot, Oct. 30. 56th Foot—Assistant-Surgeon R. Bannatyne, from the Staff, to be Assistant-Surgeon, vice Bradford, promoted in the 23(1 Foot, Oct. 29. 66th Foot—G. C. Downman, Gent., to be Ensign, without purchase, vice Morrison, whose appointment has been can celled, Oct. 29. 70th Foot—Ensign and Quartermaster R. Kaye to be En sign, without purchase, vice Macdougall, appointed to the 62d Foot ; Ensign J. Newland, from the 11th Foot, to be Quarter master, vice Kaye, Oct. 29. 75th Foot—Lieutenant-General Sir W. Hutchinson to be Colonel, vice Lieut. -General Sir J. Fuller, des., Oet. 26. 78th Foot—Captain G. R. Cummin, from the 99th Foot, to be Captain, vice lIP ' Pherson who exchanges, Oct. 29. 79th loot—Brevet Colonel J. Carter, from the Ist Foot, to be Lieutenant-Colonel, vice Brown, who exchanges, Oct. 29. 80th Foot—Captain C. R. Raitt to be Major, by purchase, vice Lettsom, who retires, Oct. 29. 85th Foot—Licut. J. Y. Vance, from the 40th Foot, to be Lieutenant, vice Colville, who exchanges, Oct. 29. 99th Foot—Capt. E. 1111Pherson, from the 76th Foot, to be Captain, vice Cummin, who exchanges, Oct. 29. Royal Canadian Rifle Repiment—Quartermaster A. Came ron, from half-pay of the 79th Foot, to be Paymaster, Oct. 29. HOSPITAL STAFF.—Assistant-Inspector of Hospitals M. M. Mahony, M.D., to be Deputy Inspector-General of Hospitals ; E. Menzies, Gent., to be Assistant-Surgeon to the Forces, vice Bannatyne, appointed to the 56th Foot, Oct. 29. BREVET.—Captain William Armstrong, of the 46th Foot, to be Major in the Army ; Jan. 10, 1637. Meatoaastotnt.—The Christian names of Second Lieu tenant Coxen, of the 60th Foot, are Edward Uniacke. Commissions by the Lord Lieutenant of Somersetshire. North Somerset Regithent of Yeomanry Cavalry—G, W. Blathwayte, Esq., to be Captain ; J. Soden, Gent., to be As sistant Surgeon, Oct. 14. Commission by the Lord Lieutenant of Cheshire. King's Regiment of Cheshire Yeomanry Cavalry—Maccles field Troop—Lieut. R. G. Leycester to be Captain, vice Ryle, resigned, Oct. 25. WHITEHALL, OCT. 14. The Lord Chancellor has appointed Christopher Thomas Potts, of Sunderland, in the county of Durham, Gent., to be a Master Extraordinary in the High Q.urt of Chancery. DECLARATIONS OF INSOLVENCY. BENJAMIN INGRAM, timber merchant, Beech-street, Barbican. CHARLES ELDE N GIRAUD, chemist, Seven Oaks. BANKRUPTS. RICHARD SMITH and STEPHEN MARSHALL, Russia brokers, Austin-friars, to surrender, Nov. 10, at half past eleven, and Dec. 10, at twelve, at the Court of Bankruptcy. Alsager, Birchin-lane, official assignee ; Crowder and May nard, Mansion-house-place. JOHN RUSTON, commission agent, Saint Paul's Church yard, Nov. 10, and Dec. 10, at one, at the Court of Bank ruptcy. Whitmore, official assignee, Basinghall-street ; God• dard, King-street, Cheapside. JOHN LAING and GEORGE LAING, cork manufac turers, Eastcheap, City, Nov. 10, and Dec. 10, at eleven, at the Court of Bankruptcy. Green, official assignee, Alderman bury ; Baker and Parson, Bucklersbury. RICHARD SOUTHALL, jen., merchant, Birmingham, Nov. 15 and Dec. 10, at one, at the Waterloo Rooms, Birming ham. Johnson, Son, and Weatherall, Temple, London ; Hin son and Son, Manchester. BEAUMONT FLETCHER, tallow •melter, High Holborn, Nov. 5 and Dec. 10, at eleven, at the Court of Bankruptcy ; Johns .n, official assignee, Basinghall street ; Crowder and Maynard, Mansion-house-street. HENRY HILD YA RD and ROBERT HILDYA RD, wine and spirit-merchants, Briggs Lincolnshire ; Nov. 8 and Dec. 10, at cloven, at the Angel Inn, Brigg ; Dimmock, Size-lane, Bucklersbury ; Asisurst, Cheapside, London ; Nicholson and Ilett, Brigg, Leicestershire. DIVIDENDS. At the Court of Bankruptcy, Basio,gliall-street. J. Firth, licensed victualler, Webber-street, Lambeth, Nov. 20, at eleven—J. Carruthers, tea dealer, Leadenhall-street, Nov. 20, at half-past twelve—G. and W. Helder, money scriveners, Clement's Inn, Nov. 22, at twelve—M. IV. Vardy, bookseller, Newbury, Berkshire, Nov. 22, at one—H. J. Pettit, jeweller, Hastings, Nov. 10, at half-past one—K. Franks, glass dealer, Portsea, Hants, Nov. 12, at one—E. Elfick, grocer, Milton, Kent, Nov. 19, at eleven. In the Country. W. Davenport, cabinet maker, Ashby-de-la-Zouch, Leices tershire Dec. 2, at twelve, at the King's H ea d I nn , Lough borough—N. Claughton, fulling miller, Yeadon, Yorkshire, Nov. 19, at twelve, at the Commissioners'-rooms, Leeds—J. Haddon, J. Clark, and J. Porter, merchants, Liverpool, Nov. 26, at two, at the Clarendon-rooms, Liverpool—W. Sharp, paper manufacturer, Romsey, Southampton, Nov. 10, at one, at the White Horse Inn, Romsey—T. Law, jun., corn miller, ' Rochdale Lancashire, Nov. 22, at one, at the Cmmissieners% ' rooms Manchester—T. J. Thomas, jeweller, Halifax, York. shire, Nov. 24, at twelve, at the White Swan Inn, Halifax. CERTIFICATES—Nov. 19. D. Little and D. Chalmers, linen drapers, Great Yarmouth —W. Daglish, joiner, Newcastle .upon-Tyne—W. Bywater, carpenter, Hemington, Leicestershire—W. Brown, cattle dealer, Sutton-under-Whitestone-cliffe, Yorkshire—W. Norris, iron founder, Liverpool—L. A. Lewis, bookseller, Fieet-street —C. Balshaw, booksellers, Altrincham, Cheshire. PARTNERSHIPS DISSOLVED. W. Taylor and J. Neat, plumbers, Westbury, Wiltshire— B. Haynes, H. Haynes, and R. ['Jaynes, timber merchants, Mickleham, Surrey—B. and R. Haynes, smiths, Mickleham, Surrey—A. and H. Noake, farmers, Woolstone, Kent—C. and E. Tubb, millers, Caversham-mill, Oxfordshire—W. Burdon and J. Brown, paper stainers, Heaton Norris, Lancashire—J. and T. Atkinson, linen drapers, Halifax, Yorkshire—E. K. Johnson and S. A. Highley, milliners, Halifax—C. Morgan and J. Rhodes, Irish provision agent s , Brab an t- cour t, Phil po t-l ane —W. Taylor and B. F. Christian, furnishing ironmongers. Ashford, Kent—J. Astrop and J. Astrop, jun., paper mer chants, Kingston -upon-Hull—A. and J. Lowe, cotton dealers, Manchester—T. Procter and W. Vickers, booksellers, Ripon, Yorkshire—J. A. Herand, J. A. Heraud, and J. C. Heraud, law stationers, Bell-yard, Carey-street, Chancery-lane—M. Barr, G. Barr, W. Chamberlain, J. Lilly, J. Yates, F. St. John, J. B. Hyde, G. Alli es , J. Alli es, and H. D. Carden, porcelain manufacturers, New Bond-street (so far as regards J. Yates)—J. Atkins and D. Laing, attorneys, White Hart court, Lombard-street—T. Re a d an H. Hanks, coach makers, Rupert-street, Haymarket—T. and A. Taylor, cloth manufac turer, Batley, Yorkshire—W. Atkinson, J. hippindale, and D. Biggor, manufacturing chemists, Ald ersga t e - street ( so far as regards J. Chippindale)—R. K. Wilson and R. Gould, curriers, Kingston-upon-Hull—R. Roy, J. Blunt, J. Duncan, D. G. Johnstone, and C. Walton, attorneys, Great George street, Westminster (so far as regards J. Duncan)—M. W. Shaw and T. Bone, coal merchants, Wandsworth—ll. and M. Stapley, upholsterers, Tunbridge-wells. SCOTCH SEQUESTRATIONS. FRANK TOWNSEND, engraver, Edinburgh, Nov. 5, at two, at the Royal Exchange Coffee-house, Edinburgh. WILLIAM PA NTO N BROWN and CO., manufacturers, Turriff, Nov. 5, at two, at the Royal Hotel, Aberdeen. JAMES STE WART, grocer, Paisley, Nov. 4, at one, at the George Inn, Paisley. PRICE OF SUGAR. The Average Price of Brown or Muscovado Sugar, computed from the Returns made in the Week ending Oct. 26, 1841, is 355. 14d. per Cwt., exclusive of ,the Duties of Customs paid or payable thereon on the importation thereof into Great Britain. Wi D th E r S ef T er ß e U nc C e T t l o O rhe o la F te D fire E , R p n ar Y ticu l la ° r; V o N f N ri vh A ick L lFe s appeared in cur paper, the Derby . Merau.y of theii week says :—" From the evidence it appears a 6n fire originated in the Committee-room,. No. , i which there had been a fire on the previous evening. The town- c l er k' s office was undergoing repairs, and two men were at work there with a light until half-past eight o'clock ; but the place where the fire was first perceived was exactly underneath the hearth of the tire place in the C omm i ttee-room. The fire was purely accidental, and no blame seems justly imput able to any one. The buildinc, was insured fur 5,000/. in the Nottingham and Derbyshire Fire Office, who (tho ug h the policy was - not renewed, as it ought in consequence of the r ecen t alter to have b een , . lawns), have honourably agreed to pay the amount. We should suppose that the loss to the town will be some thing like 1,0001., as the lonic pillars which supported the portico, worth 1 : 0001., are but little damaged, and the foundations, &c., will be av a il a bl e for the new building. These sums, and the insurance, it is expected, will suffice. We have been told, however, that the 5,00C1. insurance will cover all. neighbourhood of FA LCONS.-A few days ago a I men of the osprey was shot in tho very fine speci- Ch:. by one of the gamekeepers of A bird equally rare, and infinitely the falconer, was netted on Monday tht' Oak Farm, East Acton, in the occupation more.arl ot Powis. last, valuable to n the . Old Pain. The hawk we now refer to was immediately °iMr. taken to town, and shown to several bird-fanciers, could not recognise the species. It was next conveyed who to St. John's Wood, to the residence of a gentlemanwheo, from his application to the science, may be reg ar d e d as an authority; and he, to his surprise, at once perceived that he had before him a superior specimen of the pere grine falcon, and fortunately a female bird, which h e at once purchased. She is now under the process of re clamation, is of exceedingly good temper, well propor tioned, powerful, and, he thinks, will make a first-rate bird for rook-hawking. The Rev. Dr. Burns, the Rev. Mr. Baird, and Cout . p. cillor Henderson had an interview with the "ice-Press l dent of the Board of Trade on 'Thursday. CENTRAL CRIMINAL COURT. OLD COURT.. MURDER ON THE HIGII BEMs. — IV/ /Liam Tat lent, aged 38, a seaman, was indicted for the wilful murder of Ed ward Hills upon the high seas, and within,the jurisdic tion of the Admiralty of England. Mr. ADOLPHUS and Mr. WARRINGTON conducted the prosecution, and Mr. CLARKSON appeared for the pri soner. William Jones deposed that he was steward of the Dido, and in the month of January last that vessel was lying about 15 miles from Rhodes. The prisoner was chief mate of the vessel, and the deceased was second mate. On the 12th of January the Captain left the ves sel, and the prisoner then took charge; and in the course of the morning a quarrel took place between him and the deceased, but they were afterwards reconciled. The next morning, while they were at breakfast, the prisoner called the deceased a - old fool, and the latter was very angry, and told the prisoner he would not say so to him if they were upon deck, and at the same time he shook his fist in the prisoner's face. The prisoner said, " I will not do that, but I will do this," and he seized a carving knife and plunged it into the breast of the de ceased, who fell to the ground, and died almost imme diately. When the prisoner found the man was dead he attempted to stab himself, and inflicted two slight wounds upon his breast ; but he was secured and placed in irons before he could do himself any material injury. At the close of this witness's evidence Mr. Baron Gull- NEY intimated his opinion that the charge of murder could nut be supported upon it, and that the offence only amounted to manslaughter, Mr. CLARKSON said he concurred with his Lordship, and he could not hope to reduce the offence below the crime of manslaughter. The Jury accordingly found the prisoner guilty of manslaughter. Mr. Baron GURNEY then ordered the prisoner to be transported for life. The Grand Jury having concluded their labours at five o'clock, they were discharged by Mr. Baron GUR NEY, who at the same time thanked them on behalf of the country for the services they had rendered it. POLICE INTELLIGENCE. MANSION-IIOUSE. A young woman, who had been in the service of a respectable family, was on Monday last brought before Alderman PIRIE, charged by William Wills, (policeman No. 503), with having attempted to throw herself into the Thames from the parapet of London-bridge. The girl had got upon the parapet on Wednesday evening at at six o'clock, and was caught hold of by the policeman at the critical moment. She appeared to him to have been determined upon self-destruction. Upon being questioned by the Alderman, she said that she was in despair in consequence of having lost her situation, and that she had no doubt, that by that time all would have been over with her if the policeman had not interfered. The Alderman suspected that the girl had some unfor tunate attachment, but could not prevail upon her to make any acknowledgment of the fact. The officer, however, produced a letter, which he had found upon her person, and which was addressed to her by a private in the Guards, named William Sheldrick, from which it appeared that the Alderman's suspicions were correct. In consequence of directions given to the policeman, the soldier and his Sergeant appeared yesterday before the Lord MAvon, and Mr. Nobler having mentioned the particulars of the former declaration, his Lordship " in quired of the Sergeant the character of Sholdrick. The Sergeant said, that the man had been in the regi ment 10 years, and was . a person of steady habits and good character. The policeman stated that he had applied to the former mistress of the young woman, to ascertain why she had been discharged from her place, and the answer he re ceived was, that she had been guilty of dishonest con duct, which her mistress had herself witnessed. The young woman, he added, had not uttered a word to the prejudice of the soldier. _ _ glieldrick said it was he who had written the letter, and that it was the generous effusion of his heart at the time, for he was much attached to the young woman, but her subsequent conduct altered his opinion com pletely. The LORD MAYOR—NO doubt. Having succeeded in your scheme of seduction, of which the letter contains evidence, you have thought proper to desert her. Sheldrick—The man who has 'been in her company last ca■ tell more about her than I can. She acted so badly that I could not think of keeping company with her any longer. The LORD MAYOR—You have been the cause of this attempt made by the unfortunate girl to destroy herself, and you hardly deserve the name of man. Sheldrick—Oh, a soldier is sure to have no friend. It is enough for him that he is a soldier. He is sure to have every one his enemy. Ilobler said that the insolent tone in which the soldier expressed himself, showed that he was a worth less fellow, if there existed no other evidence. There was not the least truth, too, in the remark that a soldier had no friends. That depended entirely, as in the case of any other person, upon the merits of the party. Sheldrick—l say that the man who was with her since I have kept company with her, can tell you more than I can about her. The young woman here interposed, and said that the letter contained nothing of an improper nature. The LORD Mivon said that he felt exceedingly in dignant at the want of feeling displayed by the soldier. In his (the Lord Mayor's) opinion the man had dis graced himself in such a manner that a mark ought to be set upon him, for he had acted in defiance of all morality and decency. It was manifest that the unfortunate crea ture had been redueed to her. present condition by the treatment shellac" met with from the soldier, and it was but reasonable to expect that a fellow who could be ca pable of seducing A poor girl, would not hesitate to share m the plunder she might have been tempted to commit upon her mistress. Sheldrick said there was nothing against his charac ter at all, and he did not mean to give offence to any one by what he had stated in his own vindication. Ile as sured the Lord Mayor that the young woman's conduct was quite unpardonable, and he again referred his Lord ship to the person who had sncceedcd him in her favour. The Lonn MAYOR ordered the soldier to leave the room, and directed that the girl should be taken to her. aunt, who was ready to afford her protection. The Sergeant informed the Lord Mayor that he should report Sheldrick's conduct in the proper quarter. MORTALITY in the METROPOLIS The following are the results of " A Table of Alortality in the Metropolis, showing the Number of Deaths from all Causes Registered in the week ending Oct. 13, 1841." The Table is issued from the Office of the Registrar-General : Weekly Total. Average CAUSES OF DEATH. 1838-9-40 Epidemic, Endemic, and Contagious Diseases 163 204 Diseases of the Brain, Nerves, and Senses ll2 161 Diseases of the Lungs, and other Organs of Respiration Diseases of the Heat and Blood-vessels 2O 18 Diseases of the Stomach, Liver, and other Organs of Digestion Diseases of the Kidneys, &c. Childbed, Diseases of the Uterus, &c. Diseases of the Joints, Bones, and Muscles Diseases of the Skin, &c Diseases of Uncertain Seat O'd Age, or Natural Decay 42 71 Deaths by Violence, Privation, or Intemperance 19 25 Causes not specified Deaths from all causes... - Average Weekly Deaths 926 Deaths in the Average Weekly Week. Deaths, 1838-9-40 NVestern Districts ... 108 ...... 139 North Districts Central Districts 179 ..... 190 East Districts South Districts ... Total 775 It is stated that under the term Metropolis are comprised the 32 districts herein mentioned, which include the City of Lon don with and without the walls, the City and Liberties of Westminster, the out-parishes within the Bills of Mortality—. and the parishes of St. Marylebone, St. Pancras. Kensington, Fulham, Hammersmith (Chapelry), St. Luke (Chelsea), Pad dington, St. Mary (Stoke Newington), St. Leonard (Bross ley), St. Mary-le-bow, Camber vell, Greenwich, St. Nicholas and St. Paul (Deptford), and Woolwich. The population, as enumerated in 1831, was 1,594,890. The weekly average for 1838, 1839, and 1840, was obtained by dividing the deaths in he three years by 156. TEMPERATURE IN THE WEEKS ENDING Oct. It Oct. 23. 64' . 3' 46 38 54 50 28, 1841. Highest Lowest Daily Mean . General Register Office, Oa. Yesterday afternoon a very numerous meeting of the prisoners confined in the Queen's Bench Prison, was held in the common hall, for the purpose of con sidering the effects of the laws as regard confinement for debt. Sev e r a l p ersons h av i ng addressed the meet ing deprecating the operation of the present law, so far as concerned those willing but not able to pay, and ex pressing a wish that when real dishonesty was mani fested, the parties ought to he subjected to criminal pro ceedings, a series of resolutions were adopted, em bodying the sentiments of the speakers, and a committee appointed to draw up a petition to Parliament on the subject. MR. THEODORE HOOK'S " GURNEY MAR RIED."--The numerous admirers of Mr. Hook's " Gil bert Gurney," will be glad to observe that Mr. Colburn has just added to his collectiou of Standard Novels the sequel to that inimitable work called "Gurney Married," which may now be had complete in one volume, with illustrations, for only 6s. Mr. Colburn's series of Stan dard Novels now comprises also the following popular works, which cannot be procured in any other collec tion, viz.:—Mr. Hook's Sayings and Doings, First, Se cond, and Third Series; Sir E. L. Bulwer'; Pelham, Dis owned, and Devereux ; Mr. Ward's Tremaine ; Mr. Ho race Smith's Brambletye House, and Zillah; Captain Marryat's Frank Mildmay ; Mr. James's Richelieu; Lady Morgan's O'Donnell, and Florence Macarthy; Mr. Lis ter's Granby; and Mr. Gleig's Chelsea Pensioners; any of which may be had separately, price 6s. each, bound, with fine portraits of the authors, and other engravings, The study of English Grammar has hitherto been made anything but amusing to the youthful learner; wordy productions; all the works on this subject preceding that of Pin nock's, entitled, "An Elementary English Grammar, upon an entirely New Principle," have been mere dry adapted to the con trary, is at once instructive and amusing, comprising this little cheap volume, on the e will desirousprove Exercises on natural and every-day objects, esecial our l angnag N e v 11 o ital•andwell deserving of universal youthful capacity, Foreignersllll adoption by the enlightened teachers of youth. based as it is ' on the soundest principles of Grammar. Le Compteao n f a invaluable speedy assistantknowledge Capo d'lstrias I\ I • Burnley (Trinidad) ,am . i. had interviews with . ' Lord Stanley yesterday at the Colonial-office. THE SUN, LONDON, SATURDAY, OCTOBER 30, 184 i. AMERICAN NEWS TRIAL AND ACQUITTAL OF MR. .111,LEOD. REV EASE OF COLONEL GROGAN. LIVERPOOL, FRIDAY NIGHT. By the Acadia, Captain Rylie, which arrived this night at Liverpool, we have received New York papers to the 16th, and Halifax dates of the 18th, whence she sailed on the evening of that day. She brings the gratifying intelli gence of the acquittal of Mr. M'Leod ; the trial lasted eight days, and the Jury without hesitation returned a verdict of " NOT GUILTY." Judge Gridley, in summing up, was very elo quent, and was entirely in favour of M'Leod. The Montreal Herald states that Colonel Gro g:a-TA-lad been, released by order of his Excellency Sir Richard Jackson, administrator of the Go vernment, on application of the United States' authorities. He was handed over to an in spector of police, with directions to be safely escorted to the province line. The excitement caused by these unfortunate events was subsiding, and a better feeling springing up on both sides of the border. Beyond the above there is little news of inter. est, either from the United States or Canada. Since our last advices no change has taken place in the Money Market, the high rates of Foreign exchange preventing the free operation of the Market. The Exchange on England was' 91 to 10 prem. THIRD DAY—CONTINUED. UTICA, OCT. 6. Henry Meyers (examined by the Attorney-General) — I reside about four miles on this side Canandaigua. I work on a farm. I have a family. I am a blacksmith by trade. I have resided in Canada. lam a citizen of the United States born. I went to Canada seven years ago, and left there eight or ten clays after the Ca roline was burned. I have seen M'Leod twice before. Saw him when I was moving out of Canada, at Niagara, in Canada. It Was about a year before I left Canada that I saw him at St. David's. When I saw him at Nia gara, I had stopped with my horses to bait them. It was cold, and I went into the bar to warm myself. There were fifty or sixty persons there, some of whom had weapons, and some had not. When I was in the tavern, there was a conversation as to who had shot Durfee. Somebody spoke and said, " Who is the man?" M'Leod spoke and said, "Here ho is; by God I'm the oae." Then he pulled out a horseman's pistol, and said " that's the pistol that shot him ;" he then put up his pistol, and pulled out his sword, and said, " there's the blood of the damned Yankees ;" there was blood on the sword about five or six inches long. It was dried on. I then went out of doors to the shed to feed my horses with oats, and he and two or three others followed me out. They asked me where I was moving tot I said to Geneva. They asked me why, and I said my friends all lived there, and my wife was not satisfied with Ca nada. Some of the company said I was a damned rebel, and M'Leod said I was a damned Yankee, and should go no further. They were under the shed sometime talk ing, and at last M'Leod said if I had a mind to treat the company I might go on. I did so. I said I had no thing against either party. We went into the bar and drank till it amounted to a dollar, which I paid, and was then allowed to go. I have not, neither before nor since, heard M'Leod say anything about it, nor do I know any thing about the Caroline. By the Attorney-General—l had never travelled from Smithville before ; the country is not thickly set tled as in this country, and I took directions from others; the person that I saw there was the prisoner ; I have no doubt of it ; I took particular notice of him, for as he used me in that way, I thought if ever I caught him on this side, I would try and use him in the same way. Calvin Wilson (examined by the Attorney General) — I live in the town of Wilson, in the county of Niagara; I have seen the prisoner at the bar, and am somewhat acquainted with him ; I saw the prisoner somewhere between the 4th and 15th January, 1838, at the house of James Miller, a public-house in the village of Niagara ; there was quite a number of people with him ; I knew a young man of the name of Baincock who was with him ; I saw Mr. Miller passing in and out; I think John Mozier was there ; I supposed I saw a young man named Meredith that I wanted to see, and a man called Elmesley ; they were in a sitting room in the public-house. Mr. Itaineoelc brought up the subject of the destruction of the Caroline, and how many were killed, murdered, or burnt ; this Mr. M'Leod than re plied he did not think there were more than three or four ; he did not know but there might be five. One thing he said he did know, that one "damned Yankee" or " damned rebel " got shot on the wharf. Mozier did not say any thing, if it was Mozier. I don't recollect Elmesley saying anything. I believe lam sure the prisoner said very near the words I have given. I hare no doubt the prisoner is the man. Cross-examined by Mr. Spencer —I had never spoken to bP.l.eod, but I had seen him frequently, and knew him very well. lam just as sure that I saw him there as I am that I saw Itaincock, and as sure of ltaincock as of M'Leod ; I am sure they were both there. By Judge Gridley—Since that time I have given means to aid in promoting an enterprise egainst Canada. Judge Gridley informed the witness that such an en terprise was an offence against the laws of this State, and if the witness thought his answer would tend to convict him, he ;night decline to answer. Witness—l decline to answer, then. Sables Yates (examined by Mr. Woods)—l reside in the west part of the town of Clarkston, Monroe County ; I lived in Canada when the Caroline was destroyed, s 7 about one hundred miles from Toronto, d own th e L a k e. I don't know that ever I saw M'Leod to know him but once b Niagara goal, Lockpo r t, Niagara f c re ty ;. thatl bwelaievt was last April. I could not say that I had seen him bef ore th a t. I h ave b een o oun to Quecnston several times. I was there in the latter part of the winter of 1839, for the first time. I cannot say positively that I saw him. I was in the public-house where there were persons taking something to drink. One said this is something like the night after the burn. ing of the Caroline ; another said yes, damn them, we gave them " a lick," and I should like another job of the same kind. I was told M'Leod was the person who made that observation. Mr. Spencor—l hope the Jury will have sense enough to know that is not evidence, Judge Gridley said he had heard much that was not evidence, and lie regretted to hear it. Counsel should avail themselves of the rules of evidence. The witness was asked if he saw M'Leod there, and he said he did not recollect. He did not appear to know him at all. Leonard Anson was called and examined by the Attorney-General—l am 4 carpenter, and live at Lockport; I was at Chippewa in December 1837, and remember the expedition against the Caroline ; in the night, the centinel in front of the house called me up, and I saw the light of the Caroline burning. I was sleeping at Smith's house. Early in the morning I want over to Davis's, and saw a number of per sons in the bar-room, and among the company was Alr. Ml•Leod. I knew M‘Leod, and had seen him frequently. I have no doubt that he was there that morning. Ile was standing by the side of the bar. I believe the lights had been blown out. It was just at the break of day. The room was full all round. It was a large room. Ile had just been drinking, apparently. He had hold of a glass, and had his hand on the counter. They were all talking of the expedition they had been on that night, and which had done the greatest crime. The persons with him talked as if they had been on the expedition. lie said " I have killed one damned Yankee, and here is his blood," pulling out a pistol, and exhibiting it. I don't recollect anything else said by him. When he said he had killed a damned Yankee, those that were there did not contradict him, nor express surprise, as though that was the first time they had heard of his being there. When the sentinel called me he said, " They have cut out the boat and set her on fire," -or words to that effect. I drove Mr. Smith's team at that time. When the outbreak took place, there was no work in my business, lam a native of the United States, and was born in Albany county. I now work at my business. I am employed by Judge Porter's son. Cress-examined by Mr. Spencer—l have no connec tion with the people on this lido who are acting against Canada. I have the feeling, but I suppose it is only such as any American citizen would feel. The morning I first heard M`Leod was taken I was at Lockport, and than for the first time I told what I knew about it. I went to Lewiston that same night. I told it to Philo Smith just as Ido now. lie was than living at Lockport. 110 is the man who kept the tavern at Chippewa in 1837. Philo Smith testified in this mat ter. We had not talked it over at all. I went over to Davis's the morning I have mentioned, out of curiosity, the same as anybody would have done. I believe I spoke to no one. They were talking about the expedition, but I cannot tell what was said more than I have mentioned. I saw the blood on the breech of the pistol. Mr. Spencer then proceeded to open Elbe case for the defence, and was speaking when our messenger left. In opening the defence of the prisoner, Mr. Spencer spoke as follows - - . - GENTLEMEN OF THE JURT—I need scarcely say, that this is a case of no ordinary character and importance. It is the first of the kind you have ever tried, or in all probability will be again called on to investigate ! A solemn duty has devolved upon you, and I have not the smallest doubt that it will be fully and faithfully dis charged. The defence which we intend to make is two fold, and I will place it before you in its double aspect g thus early, i n or d er that the C ourt ma y b e prepar e d t o direct our conductin of the case.as it may think proper. ' In the fir s t place, then, we will inquire whether any mur der has been committed at all; and secondly, whether, if that question be answered in the affirmative, Alexander APLeod was ono of the murderers. We shall in the first place, after a few more facts shall have been made to appear in evidence before you, insist that there ca n b e no such offence as that of murder proved as growing out of the destruction of the steam boat Caroline. And here allow me to say, that in the whole course of my reading—limited I admit it has been —I never knew of a similar case. It is now for the first time that we see an individual acting under the authority and by the order of the Government whose subject he was, having been put on trial for obeying those orders. This is indeed a remarkable occurrence almost at the end of the first half of the 19th century? As the Counsel of Alexander M'Leed, then, I shall have occasion to contend that there can be no such thing as murder charged against any of the persons who formed the expedition sent to destroy the Caroline. And let me here add, that the question as to whether that act was a justifiable.pro cedure or not on the part of the British Provincial Go vernment cannot be entertained by you. The facts, Gentlemen, to be adduced will show that this party which made the attack upon the Caroline, consisted of the crew of seven boats—six of them containing eight persons, and ono contained nine—and which were made up of British provincial soldiers then on duty at Chip pewa ; that Colonel M'Nab ordered the expedition ; that he acted under the authority of Sir Francis Bond Head, the Provincial Governor, who directed them to seek out and destroy the Caroline, which he then be lieved to be in the employment of the party on Navy Island, who had there raised the standard of revolt, for tified their camp, and opened their batteries on the Canadian shore. When this party was thus circum stanced, and at a season of the year when navigation by any other vessel was extremely perilous, that boat came down for the express purpose of being employed by the occupants of Navy Island, and in their service that boat was from day to day engaged. The boat was then as liable to destruction at Schlosser as if she had been moored at' Navy Island, so far as respected individual responsibility. Indeed, it was now proved that Schlosser was the very rendezvous of the party of the invaders of the Island, or of those who were continually carried over to the Island. Wo shall contend, Then, that the boat, while at Schlosser, was there for as hostile purposes as if at Navy Island, and that the British authorities were therefore as much justified in destroying her there as if she had been at the latter place ; and I ask every American citizen if he would have regarded the destruction of the boat at Navy Island as an offence ? Might not the Island have been justifiably invaded, and the persons on it taken pri soners and slaughtered, without the persons so in vading it being chargeable with the crime of murder, or any other offence against the laws whatever ? , Whether the insurgents on the Island were right or wrong, is wholly immaterial. Whether the Bri tish Government had been tyrannical, and had driven these people to desperation, is wholly immateri a l. Th e Canadian subjects of Great Britain had seen fit to revolt, and with O. aid of American citizens had made open war in Canirda, and whether they were right or wrong, it was a war, and all the rights and immunities that be longed to those engaged in war, pertained to then]. We will show to you, Gentlemen, that the Government of the United States took this view of the case—that they took cognizance of this offence, and demanded reparation from the Government of Great Britain, and that at a later day the British Government acknow ledged the responsibility of that act, and declared that it was dons in obedience to the British Provincial Govern ment, and justified it as a necessary act for the protection of the subjects of Great Britain, then living in Canada. The Federal Government, then under the constitution, had taken full cognizance of the whole matter, embrac ing not only the invasion of our territory, but also the destruction of the steam-boat, the property of one of our citizens, and the taking away of the life of another. All, all those considerations were presented to the notice of Great Britain, and our Government mindful of the na .tion's rights, and ready to vindicate them, had demanded full and entire satisfaction for the injury which our coun try has received. But the individual who formed part of that public force of Great Britain, stands excused as he always must, from all the consequences of his action under those orders. As an individual offender he is not answerable to any tribunal. Passing from this, I will now take up another branch of the case, on w !Lich I am well persuaded the intelligent Judge who presides here, and myself, will have no difference of opinion, whatever may be our respective views of the other features of the case, and thus unfold more deeply interesting ques tions of constitutional right, and that is the point as to whether M'Leod had anything to do with this tran saction or not. lam willing, and I intend to call your attention more minutely to the evi dence sustaining that ground of defence, than that per taining to the other position which we have assumed ; because that evidence sustaining the latter is not in any degree susceptible o; dispute. Every word of evid ence given on the part of the prosecution has gone to estab lish our case, and what is yet to come will only confirm what has been shown already. But the point to which I call you now is, that Alexander M'Leod had no more to do with the destruction of the Caroline, or with the killing of Durfee, than either of you, Gentlemen of the Jury. Not any more. And I speak with knowledge of the facts, and will satisfy you that what I have now said is fully and literally true. I confess that I ani somewhat surprised by the results of this trial which we hare yet seen. I anticipated much greater strength on the part of the prosecution. I ant here to defend a man whose life is as dear to him as yours is to you, and to whom yon are bound to give a fair trial—a patient hearing— and a faithful and impartial verdict, just as much as it he were an American citizen. I ask no favour at your hands, because he is a foreigner. We expect nothing whatever from your hands, on account of the difficulty " in which your verdict may place the Governments of the two countries. We ask only that you will listen to the evidence, cautiously weigh it, and then pronounce whether Alexander M'Leod is a murderer or not. First, on the part of the defence we have Col. M'Nab, who proves the issuing of the orders to Captain Drew, the individual who had charge of the expedition. Col. A.P.Nab states that the expedition, when planned, was a profound secret, unknown to any except himself end one or two confidential officers. The party collected on the shore, and went on board the boats, and then the purpose of the expedition was declared when the party_ was on its way to accomptibh its object. When the • expedi tion returned, Colonel Nl.‘tiab ordered a list of all the men engaged in the expedition to be made out, in tending to bestow upon them some mark of appro bation for their hardihood and successful conduct of the expedition. In the lists thus made out, the name of Al iLeod, either Alexander nor Angus, does not appear. Col. M'Nab also says that he was on the shore when the expedition embarked, and that he did not see M•Leod, whom he knew most intimately. Then every boat's crew were acquainted with each other, and they respectively testify that M'Leod was not among them. This is in substance the evidence which we have taken on commission, and that will be first laid before you in our defence. You will listen to that reading with attention, although it may not be so satisfactory as the evidence of witnesses who would be before you personally. Bat we will also produce before you living witnesses, who will speak of what they know. At the close of the Learned Gentleman's remarks, the Court was adjourned until Thursday morning, at fifteen minutes to eight o'clock. FO URT fl DAY. UTICA, OCT. 7. The Court re-assembled this morning at 15 minutes before eight o'clock. The first witness called upon was Alex. C. Hamilton, Esq., who was examined by Mr. Spencer, to contradict one of the witnesses for the prosecution, who &prised to a conversation between him and Riincock and Nl‘Leod, after the affair of the Caroline. I reside at Niagara, in Canada. Raincock, the person spoken of by one of the witneases yesterday, had left Canada in November, 1837. I was married in January of that year, and went to England. I returned in November, and Raincock bad left then. [ had been on habits of intimacy with him, and I think he could not have been there without my knowledge. I understood he had gone to England. The Canadian outbreak occurred after I returned. Cross-examined by the Attorney-General—Raincock s a deputy-collector of Customs. I don't know whe ther Raincock was a Patriot or a Royalist. The out break trek place after he had lelt. The following will be found to contain the main and most important facts proved by the witnesses examined under the Commission in Canada, to which the Learned Gentleman alluded in his opening speech : The testimony of Sir Allan M'Nab was taken at Kingston, in Canada, on the 18th of September, 1841, before James E. Small and James Harvey, Esqs., Commissioners—Joseph Center, Esq., being present and approving for the people, and Hiram Gardner, Esq., for the accused. He said—l am a barrister. I reside at Dundwin, in the Gore District, in the Province of Canada, about forty-five miles from the town of Niagara. I know a body of militia was assembled at Chippewa in the month of Decem ber, 1837, and January, 1838, to the number of be tween two thousand and three thousand, to repel an expected invasion from rebels and American brigands assembled on Navy Island, and on the American shore, near Schlosser. They were ordered out by the Lieu tenant-Governor of Upper Canada, Sir Francis Bond Head, for the purpose aforesaid. I was the officer in actual command of the forces then and there assembled. Sir F. B. Head was at Chippewa more than once dur ing the months named. Of the force assembled there by his directions I assumed the command by his order, directed to mo as Colonel of the 3d regiment of Gore Militia. 'lle Governor-General of the two provinces was not at Chippewa at the time mentioned. ido remember the last time the steam-boat Caroline came down previous to her destruction. From the infor mation I received, I had every reason to believe that she came down for the express purpose of assist ing the rebels and brigands on Navy Island with arms, men, ammunition, provisions, stores, &c. To ascertain this fact, I sent two officers with in structions to watch the movements of the boat, to note the same, and report to me ; they reported they saw her land a cannon, (a six or nine pounder), cove• ral men aimed and equipped as soldiers, and that she had dropped her anchor on the east side of Navy Island ; on the information I had previously received from highly respectable persons in Buffalo, together with the report of these gentlemen, I determined to destroy her that night ; I entrusted the command of the expedition, for the purposes aforesaid, to Captain A. Drew, Royal Navy ; seven boats were equipped, and left the Canadian shore ; I do not recolset the number of men in each boat ; Captain Drew held the rank of Commander of her Majesty's Royal Navy. I ordered the expedition, and first communicated it to Captain Andrew Drew, on the beach, where the men embarked, a short time previous to their embarkation. Captain Drew was ordered to take and destroy the Caroline wherever he could find her. I gave the order as officer in command of the forces assembled for the purposes aforesaid. They embarked at the mouth of the Chippewa river. I was there when they embarked, and when the boats shoved eft, I had been there about a quarter of an hour. I noticed most of the persons going into the s boats; I stood within ten or twelve feet of most of the boats as the men went on board ; and while they were preparing I was walking about among them, which afforded me the means of knowing who em barked. I know Alexander APLeod, late Deputy Sheriff of the Niagara disteiet. I did not see him when the boats shoved off to destroy the Casoline ; he was not in my presence this evening. I made a return to the Lieutenant• Governor of Upper Canada, of the officers and men who destroyed the Caroline. lam sure the name of Al exan d er M'Leod was not among them, because he was not one of the party ; therefore his name could not have been in any return made by me. I was not in command when the forces took pos session of Navy Island. Captain Drew is now at Woodstock in the Brock district of this province. Shepherd M'Cormick, Esq., of the township of,Lon don, in the district of London, Canada, aged 49 years, being examined on the part and behalf of the defendant (M'Leod) says !—" The first time 1 ever saw Alexander M'Lcod was on the night of the 28th of December, 1837, when he was introduced to me by Captain Graham. I never saw him until the time before men tioned. I was in Chippewa at the time of the destruc tion of the Caroline, and for some days prior to it. The persons who went to destroy Vie Caroline embarked at the mouth of the Chippewa River. I think they were standing there about half an hour before they em barked. I was getting the boats ready. I took the list of the names, and went round to get volunteers by direction of Captain Drew, as I was second in com mand. When the boats went to destroy the Caroline Ido not know where Alexander M'Leod was. I did not take down his name, and am positive he was not of the party. I was the second man on board the Caro line on the night of her destruction, and in different parts of her. I was wounded and put into one of the boats before the other assailants left the Caro. line. I did not see Alexander M'Leod among the assailants, and am positive he was not one of them. Alexander M'Leod called on me shortly after the de struction of the Caroline, and expressed his regret that he had not heard of the expedition, as he would have accompanied it ; further than this I know of nothing more that may tend to the advantage of the " said Alexander 111'Leod." To :the c ross -i n t erroga ti ons h e says, " I am a Lieutenant in the Royal Navy ; I was third in command of the naval brigade at Chippewa, under Captain Drew, until Captain Graham left, when I was second in command. I neither commanded nor was attached to any vessel. On the night of the 28th December, 1837, Alexander M'Leod accompanied me in a boat around Navy Island. I did not again see him until after the destruction of the Caroline. I ne ver conversed with him, nor did I ever hear him con verse with any persoo on the subject of the Caroline previous to her destruction. John Harris, of the town of London, in the Dis trict of London, Canada, aged sixty years, being ex amiuined on the part and, behalf of the defendant (Alexander M'Leod) says :—I have no personal ac acquaintance with Alexander 111'Leod ; I am not cer tain that I ever spoke to him in my life. I kneW him by sight not for a longer period than a week. I recol lect the destruction of the Caroline. 1 was in Chip pewa about that time, and about a week or ten days before she was destroyed. Those who went to destroy the Caroline embarked at the mouth of the Chippewa Creek, in the district of Niagara. The men were in the boats half an hour before they started. They were ordered into the boats as they arrived. I was amongst them engaged under Captain Drew, engaged in manning the boats. Iha 1 every opportunity that an officer has of seeing and noticing those engaged in an expedition under his command. I saw the Caroline on the night of her destruction. I was one of the boarding -party. 1 boarded her abaft the wheel house ; went forward to the forecastle hatchway, and was after wards in her cabin. I went on at the same time as the other assailants. 1 believe I was the last person who left her. Alexander M'Leod was not with the assail ants, and had nothing to do with the destruction of the vessel. 1 know of no other matter or thing, nor can I say any thing touching the matters in question in this cause, that may tend to the benefit or advantage of the said Alexander M'Leod, besides what I have been in terrogated unto. All I can say is, lam positive Alex ander M'Lcod was not in the boats, as I was actively employed as aid-de-camp to Captan Drew, in superin tending the manning of the boats. Angus M'Leod, of the township of Kingston, in the Midland District, aged twenty-seven years, being swore. and examined on behalf of the defendant, says— Ido know Alexander M'Leod. He is my brother. I have known him since he came to this country, ex cept when he paid a visit to our family in Scotland. He came to this country in 1831, since which time I have known him intimwely as my brother. Ido recollect the time of the destruction of the Caroline. I was at Chippewa at that time. I went to Chippewa the day previous to the destruction of the Caroline, in company with my brother, Alexander M'Leod. I was not con cerned in the expedition, and cEtl not know of it untl they bad started. I do not know when the expedition embarked and pushed off from the Canada shore. To wards the evening of that day I saw Alexander M`Leod on horseback. As I think, he told me he was going on horseback to Stamford, distant about three and a half or four miles, and I have no doubt he left Chippewa that evening for Stamford. Ho was not in my pre. sence front the time that he was on horseback as I have before stated, until the next morning ; I was not on the teach when the boats started, and did not go in any boat from Canada to Schlosser upon that occasion ; the nearest I was to the Caroline on the night of her destruction was at the bank of the Chippewa Creek, being distant two and a half miles from Schlosser ; with regard to the presence or absence of Alexander M'Leod during the attack upon the Caroline, I can say nothing more than what I have already stated ; 1 have reason to believe I saw the men who were engaged in her de struction, as I saw them land from the boats that came to the Canada shore Irons that direction, after I saw the boat on fire ; I did not sec Alexander M'Leod among them, and I believe he was not among them. I did not think of looking for him, knowing where he had gone. Ido not know Sir Allan M'Nab by sight. 1 do not know where he was when the expedition started, nor do I know who commanded the expedition, or by w h ose command the expedition was undertaken. I saw Alex ander M•Leod about nine o'clock in the mornins after the destruction of the Caroline, either in Stamford or on his way from Stamford to Chippewa. This was the first time I saw him after we had parted the evening before in Chippewa, when I either saw bins on horse back, or when he stated he was going on horseback to Stamford. Evidence of P. Clevely, Esq.—The first time I ever saw Alexander M'Leod was on the evening of the 28th of December, 1837, when he was preparing to accompany Captain Graham round Navy Island ; he remained during the greater part of the night at our quarters ; I was present when he embarked and when he returned, but have not seen him since ; I perfectly recollect the time of the destruction of the Caroline; I was at Chippewa about that time ; I had been there three day.; when it took place; the persons who went to destroy the Caroline embarked at the Chippewa river, near •ti mouth ; they were standing on the bank about halt an hour before starting; I was there during the time, and saw most of the men embark ; when the persons who went to destroy the Caroline embarked I do not know where the said Alexander M'Leod was. Ile was not in the boat with me. I have never seen ' the said Alexander M'Leod since the morning of the 29th of December, 1837, when he returned from the expedition round Navy Island with Captain Graham. When the boat pushed off to destroy the Caroline I weet in the boat commanded by Lieutenant Beere, of the Royal Navy. I saw all the persons in the boat, I went in from Canada to Schlosser. Alexander M'Leod was not one of them. I did not see him on my way from the Canada shore to Schlosser. I was on board of the Caroline on the night of her destruction, and went into most parts of her. I boarded her at the same time as the other as sailants, and left her about the same time they did. I did not see the said Al.!xander M'Leod among the as sailants, neither do I believe that he was one of them. I saw all the men who composed the expedition. Alex, M'Leod was not one of them. In answer to the cross-interrogatories, he said—l re side in th 3 town of London, in the district of London, and province of Canada, and I havo resided there be tween six and seven years. lam a native of England, anti a barrister-at-law. Edward Zealand, of the town of Hamilton, in the Gore District and Province of Canada, mariner, aged 45 years, deposed as follows :—I do know Alexander M'Leod, and have known him since about January or February, 1838. I was not acquainted with him in December, 1837. I knew his person by sight in De cember, 1837, but did not know his name was M'Leod until 1838. I think him a native of Scotland and a British subject. Ido recollect the destruction of the Caroline. I was in Chippewa at that time and had been there from about the 25th December, 1837. The ex pedition embarked from the Chippewa Creek. I think those who embarked were engaged in the preparations on the beach for about an hour before starting. I was, among the ethers, assisting in the preparations during that tittle. I bad no opportunity of noticing those who went except the persons in the boat in which 1 went. I do not know where Alexander M'Leod was at the time mentioned ie the interrogatory ; I know he was not in the boat in which I was ; I went on the ex pedition in a boat commanded by Captain Drew ; I saw all the persons in the boat I went in from Canada to Schlosser. Alexander M'Leod was not one of them, and I did not see him on my way from Canada to Schlosser. I did see the Caroline on the night of her destruction. I was on board of her, aft in tlle cabin, and on the larboard side of the deck. I got on board of the Caroline about the same time with the other assailants. I left her nearly the last. I did not see Alexander M'Leod among the assailants, and I do not believe he was one of them. There was a dead man lying on the dock at Schlosser, but he was not conveyed there. The man referred to met his death during the attack upon the Caroline, but I do not know whether lie received the shot on the Caroline, or on the dock. I think the shot which struck him proceeded from the EVENING' SUN direction of the tavern on shore. lie c:ted not have bern carried or conveyed to the deck without iny knowledge. In answer to the cro s s -i h t erroga t o ries he said-1 re side at Hamilton, and have resided there about 6 years I am a native of England, and have resided in Canada since the year 1813 ; I am aged 45 years ; I ern a m ariner Hamilton Robert O'Reilly, Eaq., of the town o f IL mdton, in the Gore D:striet, Canada, says-1 ha ve known Alex an d er M'L ro d a b out n i ne years or Word s ; I hate m e t hi m i n hi s c h aracter o f D eput y-Sheriff, 110 ° transacted busi ness w ith hi m , an d h a d oi:cirri:enmity met, him while tr ave lli ng a t i nns , an d at severa l sittings o' the Assizes, and I h ave no d ou b t h e i s a na tive of Scot land, and a British sn'oject. I was at Chippewa on the 26th day of S e pt em b er , 1837, an d cont i nue d there un- • til some time after the destruction of the boat. 'SV e embarked from near the mouth of the Cli'inpews c reek ' We were upon the beach about fifteen minutes befor e . our embarkation. During that time I was in the boat, with the exception of a short period while in search:al. oars. I had r.ot a goo d o pp or t u nity o f knowing o°.• persons engaged in the cxped.tion, but s peak positi v ?!l, with regard to thus.. persons i n th e b oa t with are. to,!":. was my duty to dttermine the number - by--counting them. I know not where Alexander Al'Lead was at .tl9 time of this expedition, but I know thit he was not .1p the bout with me. Ido not k now w h ere lie Was'at.!," time mentioned in this int e rr og aory. Hmt was :, within my ob.sertation, and I think I should Inic'eleo him had he been on the cafe lition. 1 saw a nna.i 6 k il l of the persons engased iu the destruction of the Cara line upon their lindias upon the Canada shore, or„,j e l mediately afterwards. I did nu t see At exan d e r . l‘l%b.Fe d among them. I did not see th e sa id Al exan d e r ISl`L' e° among them at any time that night. Io answer to cross interrogatories he said-1 in the town of Hamilton, in Canada. I have reside! . here since June 1839. lam a native of Canada. be past 30 years of t.ge, and am a b ar ri s t er - a t-l a w. Il i° in December 1837, and January 1838, the tentivr,,aft t rank of Lieutenant at Chipp ewa , i n an indelieoe° ' volunteer company. I was for a few days a t'firat, o t ; tacked to the land forces, and was afterwards reivin,.• to a schooner under the command of Lieut. isr'egs' . Graham, of the Royal Navy. William Smartlight, of the township of North o',. ford, in the district o f B roc k, an d prov i nce o f Cao°, 6 '' was in one of the boats comman d e d by Mr.' 134 °'; ‘ ,;', and he deposed that M'L eo d was not i n it. In,, of , respects he corrob ora t e d t h e et h er witness. tle:7Z• not see M'Leod, nor did he believe he was in the e l 7 pedition. ,• Thomas Hector, of the city of Toronto, in' his 'O' t .' nation gave an account of the transa c ti on in agreelpe ° • with the statements of the preceding w itiresel Amongst other things he said :-11e was in c oiner ° of one of the boats, amid Alexander•APLeod was not is t that boat, nor did he s ee hi m a t a ll t h at n i g h t , ; the which be command e d was one o f t h e b oats w hich 14 ' not reach the Caroline, lie having returned to chilli the rowers ; after the exp e diti on t h ey suppe d togete e e at a tavern where be saw a list of these engaged 1 11 - tb enterprise, and M'Leod's name was not one of thcal.', Duncan Cameron's dep os iti on con t a i ne d no Dewtt' John Gordon com man d e d one o f t h e b oat s, ano„!. - deposed that M'Le o d was no t i n hi s b oat. His ' ll .'" r ''' net inn closely resembled preceding ones. de(' Christopher Beer, a nava l officer, w h o com ma° another boat, gave similar testimony. Colonel John Chi s h o l m , o f t h e 7th Gore RegiiP e t' of the township of E as t Fi am b oroug h , C ana d a , was the beach when the expedition started, and saw anditn.,, most of the men composing it. He said I cannot stoei,i', my own knowledge where Alexander M'Leod preset ', L i' time rnentionel. I have reason to believe th.t hel„ -- v a a on his way to Qucenston. I have reason to hei'` , l; so from the following circumst antes was then 3 f,. ing as Assistant Q uar t er -M aster G enera l, at cifL pewa. The horses o f a ll b ea - ers o f d espatc hes 1 13: fed at my quart e r s . A mongst t h em Al exan d er Mane' arrived at my (latters on horseback, in the afteraf/4 of the day on which the Caroline was destroyed' h ' i g understood at the quarters o f Si r All an MiNsh i l o i M'Leod was to leave Chippewa with despatche s :o: Sir Francis Head, a t T oronto , an d saw M‘L eo d'sh°l taken out of the yard at my quarters, before 5 111 ; s ti ) el the same evening, and at the same time I saw Al`n e ' within the Square, and I have no douht bUtof with despatches, and I have no doubt that be we! • 77 ''', among those who embarked on the expedition. • John P. Battersby, Esq , of the Gore district, caoiesiii, who command e d one o f t h e b oats , gave the saw! veer sion of the whole, transaction as' was given by and deposed that M'Leod was not in his boot' f bio boat did not reach th e C aro li ne i n coosequen ee.°' crew being bad rowers. - -• f , the , Ms, 0 . Neil M'Gregor, o f Chippewa, who re ° • a;" expedition, and sailed in J. P. Batteiby's boat, amined, but no new fact was elicited. • tire. Robert Armour, of the town of Cobourg. 3° .. vi ' o r New Castle Distri c t, i n t h e rirovinee of Conad'%, B o, one of the expedition, an d h e deposed that 1114Leou tt jt , not in the boat in whi c h l ie w a s , nor did he think, 00 M'Lcod was upon the beach ai the eribarkation. , sailed in Capt. Elmesley's boat, He, with all th e ot le witnesses whose depositi ons were take n , deposed t hat • did net see M.Leod at all in the transaction. of' Hewlett Lou, a Justice of the peace, from Pen°. vania, exami ne d b y M r . Spencer. —I would not b e lts . the witness Qoiniby on his oath. By the Att aney-General—lnquirsy was mado °fr o ; about the standing and character of Quimby, an d . t t ho led to my being here. He Lad knOWn Quimby sin c v„,4 summer of 18:38, but any man being near Quimby ° seen form an opinion respecting his . reputation. -1 Lansing Whetmore (examined by 'Mr. Speneer)r; live in the borough of Warren, ;' I kneel. a ei° ",:rd From what I know o f hi m I wou ld not believe." W illi he said on hi s oat h unsupporte d bi o ib er tes tirinaP, Ed ij has been a pretty regular a!tendant on our Cee):t!P,' - has been in law himself. . 0 01,. By Mr. Spencer—lt was ge ner a lly sa id by c.°l for that if a witness was necessary they might !ITT • QuDavbimy. r 4 ' id C. Bates, examined by M r ; Spenesr-- - -; r t es ra il at Canandaigu a ; 1 k nos Sainiiel - Brown ; 1. lr conversation I think in February with IrTni rese,o r his knowledge of this matter, and . he said lie was,aj pcenaed to go to Lockport in ,the M'L' eod case him what he know about it ; he said' he did, , )°° l l, l o'. much about it, or not en oug h t o do M'L e od Bo na r4O; Mr. Spencer propo se d t o i n qui r e int o Dint!°, l •P - ral character for moral worth. The Attorney-General objected: . The Judge said this questiOn had been e 1 ,4101 argued, and Judge Oakley haddieided. that 'the,Tiiii should be as to the wit ness ' s c ha rac t er for tr„..,T i aleil honesty. This was th e ru l e w hi c h h e (Judge " r j te9 acted upon—truth and veracity was considerfetrodn limited. If a man is di s h ones t, h e 'not a man °f WO Examination resumed—For the last two °F a - . years Drown's character has been pretty g° ° o mealy it was rather bad. By the Attorney General—He was formed/ Ile pated, and he was considered rather dishotte e %, Yt could not be relied upon, o w i ng t o . hi s bad haht e - le was seven or eight years ago. Since that S i. Orf been a pretty good citizen. He was in Can t ! 41 1 1 years. I believe he had reformed before t o there. He reformed some years ago, and into bad habits again ; and then he reformed iten r r4 James A. Sears, examined by Mr. Speo'e., r. la a f t ,; sided at St. Catharine's, in the district of •N'°CiiilT: resided there on the sth of December, 18371 !''' , 'Ale/ rebellion broke o ut. Aft er th a t I enered.th e yinial as a Captain in the In co rp ora t e d Militi a , en, ,w I was in comman d o f t h e i n -line t -Igitdi s ie., guard, from outside the main guard, which .ter then"; at a little bridge nea r D av i s ' s tavern , to opposite the end of Navy Island. at the embarkation of the exredition• 11 "1 - 1.1. - A, 1 :4 up with the p a tty. I then' knew I Lad known him very we ll s i nce le r„ , "tri: : i, * " was acquainted with him as with a n r 7 'l l / 14 „ ; , public office. I did not see hi m id that party'r o it!" they embarked they began ta row. Then som, f tiell sailors landed and " track e d." I re ceived de ; • ocr,, that when the sentin e l s saw b oats a pproach q;; eY iy : tr: not to challenge, lest it should be heard on are a d totin ff•• land. I instru c t e d th e guar d t o th a t e ffect, a . o je„ ; vent mistake, an o ffi cer o f C o l. APNib's sti The e the line of sentinels as the boats went up. g i s t,n, A • (ion was to be kept as secret as possible. ,:f - t het:::, the expedition as far as I had charge. NV4 4 4 ( 1 4 7 0 pedition retired I went amongst Clem, " 5 be",, 6 , - friends and acquaintances in the p ;sty, and 't learn the result. I saw all the men - as ' l nh'S" j r . , a 7 t barked respectively, and I learned these wel 44 - , 6 1 7 boats which had reached the Carelir4.: I °' t' 1 4 • t i v 1 .4 11 M`Leod among the number. I was freqae° aqui vies tavern in the night and also in the trli s 'a P r i i saw nothing of M.Leod there. 1. saw., - one noon of that day. I and another officer • har t the river to n ear t h e res id ence of Catknin ' %'''e f fgl i f t was murder e d. Whil e standing ther e, ,1 0 0 1 `e7re, to Navy Isl an d, to o b serve their ta a vern entss: t ; f 44 1 41 wood,them a bring n d prepareout h fromarge it. behind' a c i e , the road, and the officer that ay s;i %V w e itt.. ° ?J;4; Here comes Colonel M‘Nab." Two tue•iw e i r . ,, b on horseback. I said "No one 'is 1 1 4144eP u the 'llet! i i passed on. The Navy Islanders fired at „.. b re . l4 men, and that fixes it on my recollection • j th i tj, a been cannon fired from Navy Island alloos_ f _Li Tti 1. 4 ' 1 5 quita daily, and frequently in the night. d • at the peopl e on t h e C ana d a ' m ain, an s were killed. re* "..irf , of ani this w. TinlaietioAn. He said ttorney- theyGeoeralwereobjectedto try no C ) iog Island affair. t wo Mr. Spencer said he should show yet t h at Outvl.l, dred stand of arms had been stolen fronnicove These circumstances, immediately in C O _°. de i,ee. the affair, were competent to be given in eYitiholda was surprised the Learned Attorney-qcoe'll , 0 3, 1 • so restive on this subject. . Mr. Jenkins argued that the, evide nc e eto.! missable. '. Judge Gridley said the opinion P- ' 'OO , OO Court would be binding on him, and watt 0 if the prisoner's counsel should offer testisnew