The Sun. — London, England, 1824-09-02 00:00:00

FitENCII PAPERS. MADRID, Auo. 25. (RY AN EXTRAORDINARY COURIER.) Their Majesties and all the Royal Family con tinue at the 'Royal Castle of St. Ildefcmso. Don Joseph O'Donnel, Commandant-General of the camp.of .Gibraltar, has addressed to the 31inister of War a Report, dated from Algesiras the 11th of August, of which the following is an extract . _ _ The fortress of Tarifa would have been restored to the power of Ple King on the night of the Bth instant, if we had -succeeded in blowing up one of the gates, which was the object •of the fire and of the operations of our allies, the French ; but the barrel of powder destined for this purpose was of so bad a quality; that we found it impossible to ignite it. "In the night of the 10th, there arrived from Cadiz four additional pieces of ordnance, which are about to be mounted. . The tempest which occurred on that day compelled us to *stispendour labours. The rebels sought to avail them • • selves of it to escape by sea; they had, however, only a small 'boat capable of containing at the most a dozen men. Our naval forces, ors the other hand, increase considerably. " A party of the rebels, commanded by the surgeon Lopez Merino, "-antlered in the mountains. A Royalist party from Taiajan fell in with and routed them, taking aye prisoners, which have been sent to me. " Merconchini, who had come out of Gibraltar with 151) smugglers, hoped to land at Estepona, but he could not suc ceed, and therefore could only disembark at Marbella. Ile levied 80,080 reels, but had scarcely collected seven, when, seized with a panic at the report of the approach of our brave mountaineers, he hastily re-embarked. Ile attempted to return I to Gibraltar, but the English would not let him. " All the mountaineers of Ronda flew to arms, amidst shouts of ' Long live the King !' " The rebels shut up in Tarifa are in want of provisions, but • they have wine and money, as they give their soldiera 10 reals per day." ' The Extraordinary Gazette, which was publiihed yesterday evening, contains a second report from General O'Donnel to the Minister of War, in tenour as follows : _ _ " Long live the King ! The clock is sounding midnight, and I have this instant received a note from Count d'Astorg, Commandant of the siege of Tarifa. Thu fortress,' he writes, was carried this evening, the 19th, at f►ve o'clock. The re. bele have, unfortunately, succeeded in taking refuge In the isle of Tarifa.' " This note was brought to meby an officer whom I had left, for the purpose, with Count d'Astorg. He has given me an account of the opening of the breach, which was effected after two hours' firing. The rebels, seeing this, offered to negotiate, by a flag of truce, in order to gain time to escape. The women instantly appeared on the ramparts, waving their handkerchiefs, and shouting Long live the King !' • "Our troops entered through the breach without resistance. The fort St. Catherine, which deecntis the is!hrti us betwten the town and the isle, was carried by Storm, and almost without. " The same officer inftitin's me - that it fa decided to attack' the isle ht the course of the night, by a descent for which pre: parat4on is tnatie. 'rite rebels ar4 rednoti TOI their own re= sources: all t4te ipdividuali whom they bad indoeCd to take Tart in their projacte have abandon,:d titc,ln 7 (SigniA) " O'DONNIM. " At Alg , Aram, Aitg.l9."• REPORT rapP4 0r."4 - KitAt . _ Woomera. TO Tin: AIIWISTER or WAR. " Most Execihnit have just received (half.past eleven o'clock a. at.) an officer dispatelied by the COlonet Don Joseph Bsuradas.. Ile infoims me that the Trench troops have occupied the isle without Meeting any resistance.: they have made upwards of 40 prisoners.. ' The details will make known the Important services ren. dery i to the King our Sovereign by the Count d'Astorg, Corn. mandant of the French troops, to whose bravery and talents the success of the enterprise is due. " O'DONN&L. (Signed) " At Aigeiiras, Aug. 20." PA /US, A ua. 30. TRENCH ARMY in SPAIN.—ORDER (!! the DAY, /Vrevulutiunary parry, consisting of about 101) men, had taken possession of the fortress of Tarifa on the morning of the 3d of August, after having surprised the Spanish garrison. The rebels, cotntnmanded by an individual named Valdes, had in crossed their number by liberating the galley slaves who were In Oxon dt Tarifa—a recruitment worthy of them ; these and some atildiera of the garrison, a few Spanish deserters and out casts of society who joined them, augmented this noes]) to about 400 men. " On the first intelligence of this event, the Lieutenant- . 'General comtnanding the division of Cadiz sent a column, of 'lnfantry and Cavalry, under the orders of CMlnt d'Aatorg, Colonel of the 14th regiment of Chasseurs, anti -on the 7th. Ta rift wa s blockaded by land, and soon • afterwards by sea ; but as it is surrounded by ramparts, Om- heavy , utrrilldrY , wwls necessity, brought up against it to etLet,it. bretdilt; " At length, on the afternoon of-tite-liith, the breach was ; at four o'clock the town wow taken by assault, as was also the fort of at. Catherine, by the hiat4 84th of the line, and the *finish troops who had collie from the camp of St. "Itnch The following morning (the 29th) at day-break, the Isle, defended by 2( pieces of cannon, in which it party of the rebels .had taken refuge idler having abaticlot , ed Tarifa, I'ol into our poWer. " We have made prisoners two chiefs, Pedro Valdes and Domingo Gonzalo, and 160 of the factious band ; the princi pal chief made his escape in a cowardly manner during th;.: night. " During the whole course of the expedition *pleat Tarifa, we have to regret the loss .of one livutenant of the 34th, and two.non-canntnissioned officers rind soldierA, killed; two arta. lerg oftici - !ri and 27 non-cotninieeioned officas and aoldiers were wourided," . . (Tito order proceeds to tnentioti tlic names of till oqicers who peiticultirly distinguished thernselves, , runt to eulogise the steady.cooduct an 4 bravery of the troops, end thus concludes): " It IA under these happy euepices that tho French troops volt to.ttiottow eektiret.: the day of :at. Louis, the festival of their good King. ° I ive It. 'Rol ! t w it tovt! et 10 Bourbon' toujorcis 1, -.. (Afxy thi) King live 1.14,; - , 1 4 and. tho Boutixons al wigs !) '• Ilead-lutoterA A vg , 2 4 ; • k-yispoulit,1)101:10N, “eoriai; , Cointinn'iitlint in Citiir." • l'Auts, AUG. 30.—A ftPr, mass', which Ihr Kiog heard in his apartment,, AL the 'Yoke de'thimas, President of the Central' committee of the zberou Monument, and several of the Members, had the honour to present the design thereof to the King. M. Fburnel, manufacturer of Cachemere had the honour to present one of French fabrica tion to the King. At noon his Majesty received Gentlemen ; the King will receive Ladies.this evening. his Ma jesty did not go out. . Intelligence from Tarifa, dated the 20th, states, that all the rebels, 'excepting 20, have been killed, wounded, or taken prisoners. The fke of St. Louis has been celebrated at Madrid with all , the magnificence which eircum• stances demanded. The Austrian Observer continues silent re• specting the atfaire•of Turkey, which ought to be regarded as a very good 011101. for the Greeks. (From the Consatutionnel of Monday.) ST. 1 f.DEFONSO, Aua. I 8.—( Private Corre spondenee.)—Tho Minister Calomarde is the only one who accompanied the Court in the jour ney to St. Ildefonso, as in that to Sacedon. Much business has been - transacted this morning, and an ordinance has been published, according to which every individual is forbidden to come to Ilde fonso, without having received the express per mission of his Majesty. Another ordinance di rects the Military Authorities of the ,Provinces and the Generals, to punish with death, and without any trial, all those who, having taken part in the late troubles shall now be found wits► arms in their hands. At Grenada a decree of the , Police has been published, ordering all the Officers with an unlimited leave, the number of which is 600, and all those who have not some obvious means of subsistence, to leave the city in three days. Every meeting of more than four persons, whether public or private►, is forbidden, under a penalty of 200 ducats for the first offence, and five years' imprisonment for a repetition of it. IVI A bit I I), A u G. 1 9.—( Private Correspondence.) Some quarrels which have taken place in Cata lonia have been. badly explained. No Constitu tional movements have taken place in this part of Spain. The Monks seem not to be entirely ig norant of these dissensions, and it is said they see with much dislike Cordona given into the hands of the French. The Monasteries are every where full of activity. The Capuchins of Olot have armed themselves ; those of Manresa have done the same, and have fortified their Monasteries.— At‘ Marireza; at Salzona, and at Ripol, more vio lence has taken place than formerly against those tie ho are suspected of being Constitutionalists, am) the French who endeavour , to promote the uniom or the two parties, are sometimes exposed to have their intentions misconstrued. 13A nc rung , A uG. 1 7.---:(Eriract from the Echo du Midi.)—Every thing here. is calm and tranquil thanks to the firmness and prudence of Lieut.-General Viscount Maringotte ; but the news from Valencia, from some parts of A rragon, a tid• some parts of this province, is not equally favourable. Front Traga we learn that a convoy of '2r mules, escorted by '2O men, has been at tacked and plundered, with the loss of five or six of the escort. There exist oti the frontiers of both provinces some bonds of men whose inten tions cannot be other than criminal. ( From the Journal des Debat.t. • ntourri, Atrc . 17.—The following decree has just, been published :--- "Convinced of the fidelity with which some foreigners form. ing part of the Royal corps of the Body Guard have served my august ancestors, I have resolved on the following measures : The guard for my royal person shall be augmented by a foreign. company, under the denomination of the Saxon Com. pany.--2. This Company shall be established on the same foot= ing, and in the same force, as those Companies which already, exi5t...4.,,1t is an indispensable condition . of admission into this Saxon Company, that the person should profess the Roman . Catholic Apostolic Religion. "August 9, !M. " FERDINAND." AUG. 18.—Yesterday evening, and again this evening, a fire broke out in the street de Toledo, and in that of the Depreeiados, but, thanks to the zeal of some individuals, it was immediately extinguished. Nothing animates and exalts tle minds of the people here more than these sorts of events, and it is generally agreed that the negros are the authors of the fires. rittxcli Fuxin. Aun, 30.—Vive per Cents. opened M 101(. 20c. ; highest lillf. 30e. ; closed at 101f.—Bank Stock, 1,992 f. 50c. .—Neapolitan lientes, in ducats, 07,i ; in francs, 91; Spanish ditto, 19; Spanish. boan, 1823, 57.--Exchange on London— One month, 2of. 10e.; three months, 95c.—( Coura A lithentique. FAUX PAs.--A statement under this title, copied from Gulignani's Messenger of the 23d ult., appeared in several of the London Papers. In Galignuni's Messenger of Monday last is the following letter from one of the parties allud ed to : is TO THE EDITOR. " Sir,—Severe indisposition, which now confines me to my bed, did not admit of my being made acquainted with the pa ragraph in your paper of the With inst. till yesterday, entitled rre late fashionable Pala Pas at Naples. It' the initials L. IV. are meant to apply to my name, I have to declare the ai tiertions therein Contained to bia gross ntis-statement qf.facts• As it is not my intention, nor do I consuiet it, under any eir. cumstances, becoMing to entertain the public with private affairs. I shall satisfy myself with this declaration, witho u t b e . ing led through the medium of the public prints into any fur. titer details, nor should I have taken this notice of the above inis.statement, did it not involve the conduct of others. " Saturday, Aug. 28, MIL "W. 1.. W.EIIIIESLEY• " Hotel IVlirabean, rue de la Paix." A letter from Madrid, dated the 16th of Aug. says—" Whoever has observed. the proceedings' of this Government, has witnessed the rapid strides it has been making to its own destruction. All, all are disgusted. Of the C randees, whose number is from 1)0 to 100, only 15 are said to enjoy What is called the KING'S favour. Above five-sixths are wandering,and in exile,in various parts of the kingdom, Italy,' France, and'Eng land. In two of the prisons of Madrid there are near 800 prisoners al..cused of political offences, whore trials seem never likely to come on. The true 'Spanish system is, punish first, .and try afterwards. The extreme heat and 'dose confine ment has engendered .the gaol fever , and th:eir^ situation must be horrid." A line young seal was caught by a fisherman in the Clyde last week, and is now living. SOUTH AMERICA. thifollowing is an extract or a private letter, wiitteit by our Consul at Panama, MALCOLM M‘GuEuon, Esq., and dated the 27th of June• This letter was brought to Jamaica by his Ma jesty's brig Helicon, Capt. DA.wturts " I send you an official account of the defection of the Spanish General Olaneta, who, it appears, has put himself in communication with some Buenos Ayreans on the-frontiers of Upper Peru, which will act as a powerful diversion in favour of the operations of General Bolivar on this side. " A general engagement was expected to take place in Peru in all this month. The appearance of a Spanish force on this coast has prevented the arrival of some troops here, destined for ►that country; but, notwithstanding this circumstance, I am not apprehensive of the issue of the campaign. General Bolivar has a force of upwards of ten thousand good troops with him, well clothed, organised, and disciplined, and far su perior to any thing, from what I can learn, that can be brought against him. " The Peruvians are not Spartans ; they are at the lowa ebb of moral debasement." The following is from the Extraordinary Gazette of Panama, dated June 3d, 1824 : By the schooner San Francisco, which has just anchored in this port, from Paira, in fourteen days, the Intendant General has received the following official communication TO THE GENF.BAL OF BRIGADE, J. 31. CORRENO, INTEND ANT OV TILE DEPARTMENT OP . TiIE ISTHMOR, rAIRA, MAY 19Tit, 1824. I have the pleasure to announce to you the t official notice, which has this moment been rec e ived by me express from the Prefect of the Department of Truxillo, referring to a communi cation from his Excellency the Liberator, of .which the follow ing is a literal copy "REPUBLIC OF PERU. " Tituxtr.T.o, MAY 13. " TO THE INTENDANT or THE PROVINCE OF E PAIRA. " Sta—By an extra courier, I have just received from his Excellency the Liberator the following intelligence :—That General Olaneta, who has been with a considerable division in the provinces of Upper Peru, after having beaten General Cur ratala, who had followed him with an equal force, and taken hint prisoner, he immediately consented to serve the Patriotic cause, and cordially recognized the justice with which America had recovered her liberty and independence.—You will be pleased to give this general circulation. " JOSE GAI3RIEL PEREZ." " This unbolted-for event assures us of the establishment of the national freedom. The Liberator, with the rapidity that characterizes bins, will avail himself of its consequent advan tages, and Colombia, now in her glory, will give general Inde pendence to South America. • " I have the honour to felicitate, " MANUEL DE TORRES VALDIVIA." ( Prom the Jamaica Courant of July 19.) Parties of guerillas presented themselves before Lima; and passed the walls on the sth of May. They spread themselves over the city, and the valiant Ramairez surrounded the Con. vent of Mercy. At length, they resolved to present them selves in the place of the Cathedral, where they experienced a slight resistance, in which an officer and two soldiers of the ad. verse party perished. The guerillas retired from , the capital without being molested hy. the Spaniards. and without the loss of a single man. Such is the state of Lima ! The Hospitals teem with more soldiers than the il(tirp,eks; every thing con. spires against the infarnOUs conspirator*. JAMAICA PAPEItq. " St. Elizabeth'4, July 1, 1614. " Sta—At the request of a Board of Magistrates this tlay assembled, Lbeg to enclose, you., a voto of, thank! for the imme.. diate attention paid to their request, which I had the honour to forward to you yesterday, and -which feel I the highestpleu, sure in communicating. • "In 24 hours after my, dispatch had been sent off. I had the happiness to see his Majesty's frigate Ilussar standing hi for flack River; and was shortly after informed that a detachment' of the 92d Ileglinent had landed there. " For such decision, and such support, it is in:y(ll4lWe not to feel guileful. " I have the honour to be, Sir, " Your most humble Servant, "JOHN SAIAION. " To Major Gen Sir John Keane, K.C.B. &e." liead-quarters', Kingston, July 27, 1024• " Sut—l have been this day favoured with your letter, cont• inunicating to me a vote of thanks from the Magistrates . of St. , Elizabeth's, for the military assistance lately seut to that at their request. " Whilst I cannot btit feel, indeed express, pleasure that the arrangements I have made have been so well calculated to attain the object I had in view, to inspire confidence in the proprie. tors, and give them security, if it should he required,"yet must, in candour and justice to my own feelings, disclaim any merit beyond a discharge of my duty, in sending, with the least possible delay, a military force, where it seemed to be re. quired. And I beg you will have the goodness to state to those gentlemen, whose'ti. entiments you convey, that I shall always, as I have hitherto done, consider the troops under my command as ready to act at a moment's notice whenever their services may he wanting. " 3lay I beg you will accept my thanks for the obliging terms in which-you have communicated the vote of the Magis. trates. " I have the honour to be, Sir, " Your obedient Servant, "JUAN 'ICI:An, Major General. " To the lion. John Salmon, &e. &e. &c. EXTRACT OF A LETTER }lvor sT. ELIZABETH'S, DATED JU LY 15. " We have all been busily engaged with guard keeping.— It is my opinion, had oot the militia been edict! out so promptly more mischief Would have ensued. There are three persons to be brought to trial, charged with conspiracy ; two of them were drivers on IpsWich estate, and the other head driver on Roseberry plantation." • EXTRACT OF A LETTER, DATED BLACK nivrn, JULY 18. " An instance of. great promptitude , the morning of Friday the 2d, by the reat promptitude, which deserves to be recorded, was evinced fith battalion company of the reginient of this parish. Captain Eason, who commands it, received orders about- one o'clock A.M. to proceed from Salt Sprinel'en to Black River, a distance of four miles. The company, 115 in number, marched oft in less than fifteen minutes from the time the orders were receiv ed, and arrived with ammunition and baggage at their placesof destination before, three, notwithstanding 'they had to wade through heavy roads, and frequently the sea knee deep ne ar l y two miles on thei r march. The worthy Captain refused to ride, as himself only had a horse at hand." Gronot: Toww, DEMERARA, JUNE 14. We are sorry t o l earn that within the last fortnight the gangs of three estates between George Town and Alahaica have re. fused to do their work, and that the principal parts of each of them have been dOwn to the Fiscal to lodge complaints against their owners or managers. These complaints have we under. stand been for the most part of a frivolous and vexatious nature but we have yet to learn what .measures his Excellency the Go. vernor or the Fiscal has adopted, or intends to adopt, to prevent the recurrence of this ituproper and disorderly conduct on the part of the slaves fur the future. A great number of negroes from the Big Diamond Estate, up ; the river, came down to town this morning, atul,if some decided steps are not promptly and vigorously enforced,. Ida Honour may expect to be visited in a short timc by the gangs of all the estates in the country. 'A listless toleration on the part of the Executive of this strip. ing of work by a few evil disposed negroes, will prove not o n ly' highly subversive am ong t h at c l ass of peopl e in general; but will be a source of very considerable injury to the just interests of their Masters. ASSIZE INTELLIGENCE, WEST4IIORLAND AgSIZES-.APPLEBY, At4GUST 30. The Grand Jury of Westmorland are composed partly , of the saute Noblemen and Gentletnen'air that of Cirlisle, and which we have before seen, at-the head Of. which is the Right Hon. William Viscount Lowther. After the names had been read over, and the Jury sworn, his Lottlihip-said— GENTLEMEN OF THE GRAND JURY—It reflects great credit to this County to observe, that there is but one case in the Calentlar—(the case of O'Neil)—and that not marked by any particular act of atrocity. It is the case of a man for burglary, namely that of breaking into a cellar. Now the law of burglary is so defined, that there' must be an actual break. ing into the dwelling-house to constitute the capital part ; and if you have any doubt as to the point, your better way will be to throw the bill out altogether for the burglary, and find only for the misdemeanor. Charles O'Neill was indicted for feloniously and burgia. riously breaking into a cellar belonging to Thomas Black adder, of Temple-Sowerby, with an intent to steal therein, on the night of Friday, the 14th day of May last. It appeared from the evidence given in the case, that the pro secutor, who is an innkeeper at Temple-Sowerby, in this co u nty, having discovered that a considerable quantity of spirits was purloined every night from the stock in his cellar, determined, if possible, to find out who was the thief. I n consequence , h e and his wife resolved to watch the premises on the night of the 14th May last. They appeared to go to bed at their usual hour, but Instead of doing so, they returned back into their kitchen, having first extingui s h e d t h e i r can dl e a b ove sta i rs . Th ey h a d not watched long, before they saw the prisoner attempt to enter the cellar, of which the door had been fastened at the early part of the evening. After making one or two attempts, lie succeeded in entering it, but had not been there long before he was appre hended by the prosecutor and his wife. Several keys were found upon his person made for the purpose of opening lock-cocks, and also a bladder tilled with gin, which he was supposed to hare drawn from a gin cask of the prosecutor. On being apprehend ed, he told the prosecutor that if lie would let him go, lie might do any thing he liked with him; but the prosecutor told him, that as he was detected in a felony, be must answer for it in a Court of Justice. 'As there was some doubt as to whether the cellar in which the theft was committed was part of the prose cutor's dwelling-house or not, a considerable portion of the examination of the witnesses was directed to that point. It appeared that the house, barn, and premises of the prosecutor were all under one roof; that the cellar adjoined to the back of the barn, but was not in the same straight line with it—that the barn was over part of the cellar, but not over the whole of it, and that the barn door was entirely over the cellar. Under these circumstances, Mr. Baron H uLtocit held, that the cellar was so attached to the dwelling-house of the prosecutor as to form a part of it. The prisoner, being called upon for his defence, entered into a long and irrelevant statement, about his having been em ployed by the prosecutor to conduct some smuggling transac tion for him and his wife, both in s ilk s an d i n spirits, and con tended, that if it bad not been for their treachery, he would never have been in the place in which he then stood. He com plained, that after all the capital bargains which he had put into the hands of the prosecutor, it was a cruel recompense to be put into prison. He solemnly protested that lie was inno cent of the burglary which had been laid to his charge, and de clared that he was in the cellar of the prosecutor for no other purpose than to superintend the delivery of some smuggled spirits during that night. Mr. and Mrs. Illackadder were recalled, and swore most dis tinctly that there was no truth in the statement made by the prisoner. They had never been engaged in any smuggling transaction either in the silk or in the spirit trade. The Learned JUDGE summed up the evidence; and the Jury returned a verdict of Guilty against the prisoner. Mr. Baron Hut.i.ocx then ordered sentence of death to be recorded against him. The prisoner entreated his Lordship to consider his cnse with completion ; he had a wife and six Alberich children, who were entirely dependent on him for support. He Implored his Lordship again and again to consider his family. 'Mr. Baron Hu r.t.0c1i..--How can you expect. that other people will consider your family, when you did not consider it yourself ? (Turning to the gaoler.)--Let the prisoner be taken away instantly. He was accordingly taken away from the bar back again to prison. Neat Putts—(Before Mr. Justice. HULLOCK.) DIXON V. TUODIPSON._ Mr. GREEN opened the pleadings, and Mr. Limns()); stated the nature of the action, which was brought by the plain. tiff, a farmer, to recover of the defendant the amount of' 18s. for the loss of two sheep,' which the declaration alledged he had lost by the hounding of the plaintiff's dog. The defendant ple4ed the general issue. Thomas Dixon examined by Mr. ALDERSON—IIe is the son of the plaintiff; in 1823 his father turned out 30; he did not find all of them afterwards ; last year he turned out 26 and lost two. Roger Sharp examined—He was the shepherd, and had the careof the sheep. He heard the plaintiff say that he had lost two sheep, and that he had heard the defendant say, "there had been some comical tricks done upon the Fell with watching one another; but that what he saw of that kind he was not to tell;" he turned them out by the defendant's order, and set the upon man and th he Rinson was theest dojo he ever had them, for vanishing at sheep, said and o t b hat he could set his dog on them with a whisp, which he would immediately under stand, fly in the face a nd nos e o f th em i n a jiffy. - e xamined by Mr. Wt L cialus—There had been a ctsdif ference between him and the defendant, who was his late master . He said he was to let him know how things went on. Mr. WILLIAMS said, this was as disgraceful an action as VMS ever brought in the county of Cumberland, and which ought to be scouted from a Court of Justice. His LORDSJIIP then addressed the Jury, antsaid, the only question for their decision was, whether the pl a i nt iff had lost his two sheep by the hounding of the defendant's dog or by ac cident. TheJury'found for the plaintiff—Damages, Is. Mr. AGLIONBY—I hope your Lordship will certify in this ease ? — ft) the JUDGE—I was thinking Mr. Aglionby, that this w as one of those cases where it ough t t o b e done—Cases of this kind ought not to be tolerated. LOFT v. WARREN. This was an action brought by the plaintiff, the proprietor of The Kendal Chtoniele, against the defendant, ofblacking hnnior tality, for a small sum of money due to him for advertisements inserted in that Paper.. The defence set up on the part of the defendant was, that he was not strictly liable to the plaintiff's demand, it being the act of an unauthorised agent, and not by his own order that the advertisements were inserted. Verdict fbrthe plaintiff. (Before the Hon. Sir Join{ BAYLEY, Nat.) • TRESPASS. PARKINSON (as tenant of Lord Lonidale) V. WYEBURaII. This case occupied the Court nearly the whole day. Mr. SCARLETT suited the nature of the action, which was nominally brought by a tenant of Lord Lonsdale's, though in fact it was virtually l,tis Lordship's action, against the claim set up by 3lr. Wyeburgh the defendant, to the right of an island called Elder or Alder, in his Lordship's demesne, upon which the defendant • had entered and cut timber; and the vole ques. Lion was, to whom did it belong ? Mr. WlLLtans, for the defendant, contended that the spot in question was a kind of a kingdom of Sancho_a To m Thumb of an island, and scarcely large enough to whip a cat round, and moreover, 201. was as much as it was really worth to either party. After a number of witnesses had been examined pro and con, his Lordship suggested the withdrawing a Juroi, in order that the parties might be the better enabled to conic to a right conclusion, and a mi ca bly sett l e a ll matter i n di f fe rence ; but which suggestion of his Lordship was not complied with, and the cause (although of no public interest whatever) was not over until nine o'clock, when the Jury retired to consider of their verdict, and his Lordship left the Court for the Castle. After an absence of upwards at an hour, they found for the plaintiff-- Damages 31., costs 40s. There were four Special Jury causes, which were deferred in consequence of the lack of Special Jurors in attendance. BOMERSET ASIiI2ES.--WELLs, AUG. 31. CROWN Sun .: ::(llVore the CluEr?usTICE.) Israel Rose and TV/Mani - Du/dip were indicted for assault ing Robert Wilkins on the King's highway, in the pari s h o f Barrow, in this county, on the - 9th of August, and stealing front his person some copper coin, two pairs of stockings, a handkerchief, and other articles, his property—Gni/I'y. CIVIL SlDE.—(Bcfbre Mr. Baron GAIIII.OW.) DYER v. TIIE HUNDRED OF KINGSBURY. This tiCiion;‘;4l;r 7 ougillagainst the Hundred by the plai n . tiff to recover compengttion given by the Statute for the tni t try lie had sustained by the alleged wilful firing of his barn. i t was proved that the barn was seen on fire in two distinct places on a calm night ib November; and that a few days after u piece of rag, saturated with gunpowder, wits found near the spot. The Jury, under his Lordship's direction, found a verdict for the plaintiff Damages, 180/. !f' A t the close of this cause, the Learned Judge Intimated to ' the Under Sheriff that the trial which would be first called' on 'Thursday (Porter v. Jones, Esq. for Crint. Con.) would not b e fitting for lathes to hear; but he trusted that MC seats they usually occupied would not be filled • if they were, he should find it necessary to order the unworthy intruders to withdraw, in order to make room' for the fair occupants, when they Might wish to be admitted after this trial was ended. VITARRAN"I'Y OF A lIORSE.—FISREE L. BITAGGE. Mr. Sergeant PELt stated the case to the Jury, and observed that this was not only the first horse cause that had occurred. but was one of a singular description. The plaintiff; Mr. Fisher, was an attorney residing at Bath, and the defendant was a -farmer and horse-dealer. Some gentlemen, on hearing the avocations of the parties, might think them well matched ; but he thought it would turn out that the horse-dealer was too much for the man of law. Mr. Fisher, although a man of great skill in his profession, was not at home in the science of horse-dealing, and it would appear that he being in want of a quadruped of that genus that the defendant dealt in, he applied for his assistance, and ultimately agreed to pay 251. for a horse that was represented as perfect. However, after a very short time the plaintiff dis• covered to his infinite mortification that this perfect animal was not the horse that had :men represented. Amongst other imper fections in this pattern of excellence, Mr. Fisher found that he was walleyed; and not liking a wall-eyed horse, the plaintiff wa s naturally anxious to send luni back, and receive in return his 251. The defendant did not object to take back the horse, but the return of the money was somewhat inconvenient to him, and the plaintiff was compelled to make the best terms he could, and he ultimately entered into another agreement with the de fendant to the following effect :—" lib. Fisher has rentrned to Mr. Bragge a horse called Foxbury, for which Mr. Fisher . paid 25/., and he has agreed to take a filly called Fancy, in exchange, and to pay .Mr. Bragge the further sum of ten pounds. Mr. Bragge agrees to break in the filly for harness, and to keep her till the Ist day of April next." A memo• table day, observed the Learned Serjeant, when he is to deliver, unblemished and in good condition, this famous filly It. would be proved that Mr. Fisher's son 'was sent to Bragges house, and that he paid the 101. in pursuance of this last, agreement. The filly, however, on being brought !aline to the plaintiff's stables at Bath, turned out to be as sorry "is° as oxbury ; she was labouring under complicated diseases. and so wretched was her co nditi on , th at t h e plaintiff foua i d t . necessary to place her under the care of a veterinary surgeon before he could return 'it on the defendant's hands. The Learr.f ed Serjeant then called Hugh }limns Fisher, son of the plaintit 4 who proved the agreement. John Allen Fisher stated that he was also a son of the plainti ff ' anti went to the defendant's about the Bth April to get a mara delivered. He paid 10/. as ki ng t h e d e f en d an t to lend him a sovereign, lest he should not have enough to carry hint home.He did so, observing, that it should be a debt between diem. AVitness rode the fill 30 miles in ten hours ; she appeared very weak, and carried him badly. Witness, when he first saw d,'e animal, observed to the defendant, that she was in a nii.serahP condition, and her legs a pp eare d swe ll e d. Defendant said 1 been ploughing and had b e en d raw i ng was a bony mare and in h ar d con di t i on , an d a dded, ail,' Eats f turnips. She had also been rode fox hunting, and leaped le: markably well. Witness slept at Shepton Mallett, and wen" the next day to Bath, walking the mare all the way. th e Cross-examined by lUr. Sergeant WlLDE—Mules' ; filly the first time on Sunday the I lth April; he WAS Pos its " he did not see her before ; witness and his brothers had been in the habit of visiting at defendant's, but he did not know that the he was a horse-dealer ; lie slept at the defendant's house on Thursday night, the Friday, and Saturday ; he never e t: pressed his admiration of the mare on either of those day's— did not see her defect until defendant had quitted him, when he was returning to Bath, and then the filly, in trotting an galloping, appeared to:sink under him. J. Thatcher deposed, that the last witness brought the ma re to his stables in Bath on Monday the 14th April ; she was thert• very , poor in flesh, and her leg.' puffed; she had a large crack a • waggon-load o in her heel, which witness considered an old grievance. ' Mr. Sewell, a veterinary surgeon, saw the mare at Thatcher stables on the 14th; she was then in an impoverished s tate; bet fetlock joints were swelled and ulcerated. Cross-examined—Has been in business six years at Batil•- Curbs are not ossifications but diseases of the ligaments. 'rltef , might have been produced in a fortnight or three months.--• Grease might not have existed on the Tuesday previous to the day he examined her. This was the case on the part of the plaintiff. " ed Mr. Serjeant I , l'l LDE, on the part of the defendant, Sae . 1 that he would not then stop to inquire into the statement alas Learned Brother as to the character which his client had filled in life. He could only s a y, lie was a most respectable farmer , and had merited a very different treatment from that which h a had experienced a t th e h an d s o f M r . Fi s h er . He should call witnesses, who would completely contradict the young man who took away the hor s e, and :thew that lie ran the horse before Sunday, and even expressed hi s admiration of its beauty and movements. John Ilragge, brother to the defendant, stated, that yours Mr. Fisher came to fetch away the horse on Tuesday, and on } ridaY • ordered four new shoes to be put on her. On the morning of Friday they rode out together, witness on the mare and yow% ' Fisher on Foxbury. Fisher expressed his admiration of h animal; lie took away the inure on Sunday ; she was blemish or fault ; witness knew that the mare was taxers '" greatest care of and taught to draw according to agreement' • The witness in his cross-examination stated that them was at the door, and that she had not curbs. • ,Mr. Sewell, the veterinary surgeon, stated that he had PO seen the mare, and would midertike to say she had curbs. , eit The Jury then went out to inspect the mare, and on l u • - return said that some were of one opinion and some of an oth er. Several witnesses were called, who proved that the mo r e r i in excellent condition when she was delivered, and wa s t good state at present.—Verdict for the plaintiff—Damg° THE SERPENTS IN THE TOWER. • The public, wo—believe l are not gene ra/15 : aware of the existence in the Royal Menagerie at the 'row° °' a very fine collection of that species of snake called the boa o ° 4 e for strictor. We were induced to attend there on Monday 1 0 - , Pti eri the purpose of being witness to the mode in which these aniot ali receive their sustenance, and to discover how far the deacl thr ir ; given by various authors of their manner of disposing o f 0.0 prey tallies with wh at m i g ht actua lly occur u nder our ( L a observation. The animal selected by the keeper for the 1 3 ,P r rii, was the largest there, and measured, we believe, ten ' cc ', to length, and 7 inches in diameter in its thickest part. Previl l , ou t receiving its prey, it appeared very lively, and peered a ual , with its head in all directions, occasioning its body.to lo those beautiful curvations of which the snake species. tre the • capable. On perceivin g th e a pp roac h of the keeper we- 9 0( 4 rabbit destined for i ts m ea l, it w i t hdrew all appearat, ip vigour and motion; b u t t h e moment the rabbit was Olacc,rop, the cage, it seized its head with so astonishingly rapid that the eye could not k ee p p ace w i t h i t , an d by a sunuhr l iot action of its body, is compressed its folds so tightly round "Ws the rabbit as to crus h every b one that was w i t hi n its grasP: git io rapid change was n ervous to b e h ol d , and a vivid iniagin,, could not but pi c t ure t o i tse lf the fearful scene o f cru, and struggling which the seizure of such an animal as or an ox would crea t e by a larger animal of thi s 6 ,.Pp e e c a wit" That such scenes have occurred, and have likewis e ,'""voisi ee nessed, we doubt not ; but until we witnessed th.e but ineffectual s t rugg l es o f t h e unfortunate ra bbit - in • o ur con ous and gnarled grasp of the serpent on this occaaj°, l ; 4 .. wi t ched' ception reached n o f art h er t h an t h e common hell e ' foil; ' to the relation of the tremendous powers of this speciO° To enable the snake to gorge his prey with the gf e , a „ t r n f ro l f_ at he was removed into the court-yard, when the g l ' t "",intet' - sun.beams upon hit purple scales added much to 1 "e and beauty of the spectacle. When the rabbit Was ta" the snake gradually loosened its folds, still retaining., o f 'Jill by the head ; and timing ful ascertained the dee"' 00 victim, he proceed e d to stretc h the body . of the ra bbit ' bead he very curiously performed, in drawing It by the this h e through a ring formed. from the folds of its body. ctd repeated until the whole was a ma , S. After lubricallI:01. head very much, but no other part, he pr oceeded i e , r ling . it low the rabbit, which action he accelerated hY•P s ti u .. on g re l ; dawn his throat against his own boi, and hY a - the Pc i e t ta ha k n in a g lo s n u g s l te u traction and re-expansion of the muscles which lay at, - „ ot hink of the head ; by degrees the animal disappeared, nod , w "hieli impelled forward by the action of the muscles, unt il „ I ogle the middle of its body, where it remained. Such ti` r , accounti with those furnished by various writers, an" Pie, tier :l a ie n s d na i k f e u 's ,e th c e o n n a i t :l l ,,att e i ri: ar wit h that given us b Dr. AI lad of the Ale° c o , y r. ac e , tit o f shall find them differ in nowise except in the circuni 0 time size of the object upon which it fed ; this snake's omitting to lubricate the whole of the n i n it P r c i for thead us .S; its prey, which, however, may have arisen from the 4 , e ' 0 11 t e ha r t a a bb d i o t g w th as rice go ti r r s l iz w e a w s ot s il o d g e r x e p a c t ri a e s nc et° v s er a y e lifti l difficulty in obtaining a temporary midence maw. There is NO in this menagerie , one of the most utch', ass specimens of that harmless reptile the harlequin soalte' f, whos e ever seen in this country, the variety and brilliancy : v i s itors' ,e . 7lo s urs are such as to excite the highest admiration in th.ls;oty, his is a native of Ceylon, d h been shown to hie foie' an as , ovac who Was likewise • highly pleased with its beauty al to this , _ o p ( Times.) mat h ;Ice nw etia an im al's walking on the n o n W 1 A boy on Sunday afternoon, perceived a fine salmon which • „hp into Shallow water • the lad pounced upon his Prey, seiz ul .,rior.) with n ia fists, and bore him off ' //Alive" at trump u North Humber got