The Sun. — London, England, 1825-07-14 00:00:00

ZSs observations, and his drawings to the Plaintiff's work ; and Sa now, in the name of the plaintiff; expressed a hope that Mr. Bankes would, in order to dispel from his mind the mis take whiCh had taken possession of it, respecti•g the publica ion of the drawing, carefully compare the drawing published by the plaintiff with the drawing taken by Mr. Bankes at Je rasalern. He had to apologize to the Jury for the length of time which he had occupied, and he had only to remind them that in case his Learned Friend should, instead of relying on his justification, abandon them, and not give him (Mr. S.) o.nother opportunity of addressing them. Their duty was to consider whether they were not bound to give a verdict which would operate as a warning to the anonymous slanderer, who stemd out of his way to destroy private character. Jetin-Peterson, - the clerk of the plaintiff's attorney, swore that oft the 2411 of Dec. 1823, he purchased the 52d Number of the " Quarterly Review" at the defendant's shop. Mr. PAitxc ohjec.r:sl to the declaration. He contended that as the index was a reference to parts of the alleged libel, those parts ought, in setting forth the index, to be set forth in the de. elsrstion. The index was an unqualified statement, but if the passages to which it referred were set forth, those passages would qualify the index. Mr. BROUGHAM having been heard on the other side, The LORD CHIEF J trsTicE over-ruled the objection. If the index were a libel it was a separate libel, and it was not therefore necessary, in setting it forth, to set forth any passage to which it referred. LIBEL. " The charge of a low origin and ignorance' (with however odd a grace it may come from such a quarter) is not restricted to Nath. Pearce : two respectable Germans, who seem to have committed no other offence than that of having been assisted by Mr. Bankes, in the very same manner as the writer himself was, almost immediately afterwards, are described as young men, who were evidently persons of low origin and Confined education, and their manners WERE DECIDEDLY VULGAR.' • Although travelling (he indignantly adds) without any pro fessed object beyond their own pleasure, they were both so poor and destitute as to suffer Mr. Bankes to pay their expences. It is to be hoped that Mr. Buckingham does not intend toupbraid them, in this,place, with a degree of SUFFERAN CE which he soon found it convenient to imitate, more - especially as we have the best assurances, that these yovg men neither violated the confidence of any employers to whom they were responsible, nor abused the indulgence of their benefactor, by procuring tracings from his papers, iesjorder afterwards to turn them to account." "Mr. Buckingham had undertaken to carry letters for a mer cantile house to. India, overland, by the most direct and eipe elitious route, and with all attention to economy, the firm agree ing on their part, to bear his expences. From the first moment however, of his setting foet.in Asia, we find him acting as if both his time and funds were his own. How he may have ice arranged matters with his tried and well-loved friends at AJexandria, .we know not ; but this we do know, that so soon . as his conduct reached their ears, Mr. Barker, the British Con , sal at Aleppo, was authorized to take from him the dispatches, and to dismiss him ; and that he being now already on his way to Bagdad, a Tartar was sent expressly after him for his recal, but died accidentally upon the road! So that it is to the timely death of this Tartar ' that the Asiatic Societies at Calcutta, and Literary Societies at Madras and Bombay,' are indebted for sheir distinguished member." " Hie transactions with Mr. Bankes seem to have been an episode in his plan. We have not only the statement of that gentleman with respect to them, but have seen also the deposi tion on oath of his servants (the same who are spoken of in this work), that Mr. Buckingham bore no part whatever in the de positions or the expences of the journey beyond Jordan, Sin. • that he never made a single sketch during this time, nor had materials for doing so, and has, moreover, been heard to la; nient his inability ; that the plan, which is the ground-work of :bat here given of Djerash, was made by Air. Bankes, and traced, by his permission, at a window of the convent of Na tereth by Mr. Buckingham, upon a direct promise that it should not be published." " Buckingham (J. S.) Travels in Palestine—notice of an gregious blunder in the title-page of this work—remarks on the blunders in the preface—geographical blunders respecting the site of Ramat' aud Bosor—specimens of his ignorance and book-making—profane and infidel allusions to the Scriptures— his account of the Lake of Tiberias, false—blundering accounts of the ruins of C&sarea—ignorance of Arabic—incorrect ac count of the convent of Jerusalem—illiberal disparagement of Nathaniel Pearce—dishonourable conduct of Mr. Buckingham towards his employers, and Mr. Bankes's note—arrival of the latter gentleman and of Mr. Buckingham at what the latter calls the ruins of Geraza, which, most probably, are those of Pella—blunders committed by Mr. Buckinghom in his account' of the antiquities actually discovered there—his plan of them, and transcripts of inscriptions pilfered front Mr. Bankes—fur ther specimens of Mr. Buckingham's blunders —the ruins of Oomkais, which he gives for those of Gamala, proved to be the ruins of Gadara—remarks upon the ignorance displayed in his -plates, which are pilfered from those of former travellers."— •k Index.) " The map is with all its errors; for it is one of the least correct of the pr oductions of that extraordinary ge n:us ; and the ground-plans of Jerusalem are taken out of a t: . anslation of Josephus. Upon the whole, we are compelled to say of this dull and tiresome volume, which we have gone through with more care than it deserved, that the plates are wrathy of the letter-press, and both of them, we verily believe, of the Author. " So much for Buckingham!" Mr. AIIItOTT having commenced reading the note to page 3fil, containing one of the libels set forth, was interrupted by the Attorney-General, who said his client regretted very much having published the article now complained of; that he was willing to withdraw his justification, and to consent to a verdict -for s►ol. _ Mr. SCARLETT—My client instructs me to accept of that apology, and to say that this mode of terminating a proceeding of which another termination might engender hostility, was the more agreeable, as his anxious desire was to stand well with tile Loan CHIEF JU S TICE —The result is a proof of the advan. cages of conducting causes with the temper and moderation with w...;c11, I must say, causes in this Court are generally con cu sted. A. verdict was taken for the plaintiff—Damages .501. ICING AND QUEEN' OF THE SANDWICH ISLANDS. HILL AND OTHERS V. STARBUCK. Mr. SCATILETT said, that this was an anction brought by' the plaintiffs, to recover damages for loss occasioned to them by the defendant's breach of contract. The plaintiffs were the owners of a South Sea whaler, called L' Aigle, and the defend ant had been employed as Captain of the vessel, in a voyage which she'performed in 1823-4. The plaintiffs complained, ti at in consequence of the defendant's neglect, they had been deprived of 25 tons of oil, which they might have had if he had exerted himself, and that from the same cause s:.veral tons of oil which they did receive, were in such a damaged state, that tney were obliged to be sold at a very reduced price. In a for in,:r voyage, the vessel had brought home 285 tons of oil ; but previous to the voyage in which the defendant commanded e was repaired, and her capacity of holding oil increased, so that it was fairly calculated that she could bring home from 300 to 320 tons. The plaintiffs had suffered a loss on the general state of the cargo, but upon that they did not found the present action ; indeed, they had cut down ti!eir just -demands to the lowest possible scale. The defendant was ap pointed commander of L'Aigle on the 2d of January, 1822, and the contract into which he entered with the plaintiff, bound him to proceed round Cape Horn, 'and to use his ut plost exertions to procure a cargo of oil in as short a time as possible, which he was to bring - home -with- all reasonable dis patch. The defendant was to receive 12 per cent. on the net proceeds of the cargo, besides 12 per cent ; on, any bounty which might be received from the Government. It would appear that the defendant had been misled by two passiona.whith often found their way into very honourable minds, namely; love and ambi- . tion. The defendant could not resist these passions, and hehad become etheirvictiin. Of all mankind, a sailor should be the last to yield too readily to the solicitations of the tender passions, whilst he was on a voyage and had a stern and rigorous duty to perform. No sailor in the King's service was c.llovied to take his wife on board ship with him, lest in her society his attention ahould be distracted from his duty to cares of a different nature. He apprehended that no commander of a vessel could be jus tified in selecting an object to bestow his particular attentions on during a South Sea voyage, unless with the consent of the owners. The defendant set sail in January, 1823, and in the spring of the same year he arrived at the Sandwich Islands. He did not stay there any great time, hut it was long entaigi to lose his heart. From the Sandwich Islands he went on his first whale-catching expedition, but soon returned, borne on the wings of love. The Sandwich Islands seemed to resemble the island of Circe, which those persons who had once visited it could never keep away from. On his second arrival at the ' island, the defendant took on board a young woman of very fine form, it was said, whose personal attractions increased to an. extraordinary extent whilst she remained on' board. The defendant again set forth in pursuit of whales with his fair companion, and on September the 7th he wrote to his owners that he had 275 tons of oil on board, a.rut that he expected to complete the lading in two months. In the meantime, tie said fte . was going to the Sandwich Islands *to recruit the health of some of his men, who were ill with the scurvy. The defendant, however, had another reason for going to the Sandwich Islands—it was to put the young lady ashore,. where it was supposed her accounchement, could take place more conveniently than on board ship. When the young woman arrived in her own country, she spread the Captain's praises so industriously, that he soon became a prodigious favourite with the ladies of the Sandwich Islands. His reputation reached the Court circles, and her Majesty of ' Sandwich was highly interested by the account which the young female gave of the pleasant manner in which she spent her time on board the vessel. What did the defendant do next ? It would hardly .be believed, but he abandoned the prosecution of his trading voyage to receive on board his ship the King and Queen of the Sandwich Islands, their prime Admiral, Secretary of State, and other distinguished individuals. In order to accommodate the royal train, it.was necessary that additional provisions should be taken on board ; consequently the vessel was stocked with about 400 hogs, a proportionate number of goats and sheep, and 45 tons of water, the supply usually kept on board being only 10 tons. The owners were kept in perfect ignorance of these proceed ings; and the first intimation they received of them was, an annunciation in a newspaper that the King and Queen of the Sandwich Islands had come to England in L'Aigle, and taken up their abode at Osborn's hotel in the Adelphi.— What had inilticed the defendant to bring the royal personages to England—whether it was the hope of being made a peer of the Sandwich Islands, or of obtaining some pecuniary recom pense—the owners did not know. It might be supposed that when the defendant got the royal party on board the ship, he would have come to England by the shortest route ; but that did not accord with his ambitious ideas. He determined to show his august visittrs something of the world, and thinking it, best to begin with that part which was new, he proceeded to Rio de Janeiro, and introduced them and himself to the Emperor of the Bra'ils. The whole party was received at Court there, and it was related by history that a like honour attended them in this country. By this imprudent conduct of the defendant, the owners of the vessel had been injured, and for the injury which they had received they now came to that Court for re dress. He understood that the ground upon which the defend. ant intended to defend that part of the case which related to the taking on board the young lady of the Sandwich Islands was most extraordinary. It was to b 0 urged that the defendant was justified in taking the female on board, on account of the sin gular keenness of her vision, which enabled her to spy out the whales which the captain was in pursuit of. If this plea should be successful, it must be understood that in future a young woman of the Sandwich Islands was a necessary part of the outfit of a South Sea whaler: It would be proved in evidence, that after the defendant left the Sandwich Islands, he might easily have completed his• cargo, bedause the ship fell in with several whales; but he was not in a condition to do that, having thrown overboard the utensils for boiling the oil, to accommo date his royal friends. It would also appear, that the defend ant had taken 29 months to complete his voyage in, when he might have completed it in 24. If the facts which he had stated should be proved, he trusted that the Jury would give the plaintiff's such damages as should compensate them for the loss which they had sustained by the defendant's misconduct. Tire Learned Counsel then called evidence in support of his statement. The ATTORNEY•GENERA-L addressed the Jury for the de fendant. He said that unless he was deceived by his instruc tions, he would be able to give a complete and satisfactory answer to every part of- the plaintiff's case. The Jury could not fail to have been struck with one circumstance during the progress of this inquiry—namely, that out of all the persons ccmposing the crew during the voyage in question, not one indi vidual except the two apprentices of the plaintiffs had,been brought forward to give evidence. The defendant had been most hardly dealt with by the plaintiffs. During the three years that he had been in their service, he had earned from 1,2001. to 1,4001., of which he had not yet' received a single,l sixpence; but, instead of paying him the plaintiff's had treated him with the present action. The evidence which would be produced on the part of the defendant would he of the most satisfactory nature, though unfortunately it was not oral but written evidence ; for the parties who had given it being obliged to leave the country, their evidence had been obtained in anticipation by interrogation. The evidence to which be particularly alluded was that of the person who acted as mate on board L'Aigle at the time the defendant was commander.— This person was now on - a voyage in the service of the plaintiff's, and it could. not, therefore, be alleged that he was subject to an undue bias towards the defendant. The evidence of that Man would prove that the defendant had been most indefati gable, in his exertions ,to procure a cargo, and that he in no way neglected his duty in consequence of having on board the female who had been alluded to, although he did not mean to defend his conduct in that respect. The plaintiffs never com plained of the defendant for bringing the King and Queen of the Sandwich Islands to this country for several months after they knew of the circumstance. In fact, it was the plaintiffs themselves who escorted the King and Queen to Osborn's Hotel. The present actions had originated in feelings of spleen towards the defendant, because the plaintiff's had _discovered that he was applying to - the Treasury for remuneration for bringing the King and Queen to England, at the same time that they themselves were making application for a similar purpose. The plaintiff had a direct interest -in bringing home as large a cargo as possible, because he was to receive a per cene. age on the amount. The voyage had been, perhaps, a little longer than usual, but that was owing to a storm which the ves sel experienced off the coast of 3lexico, and in which she lost all her boats but one. It would be fully proved that at the time the vessels left the Sandwich Islands she had, as large a cargo of oil as she could carry.• The decrease of quantity ob servable on her arrival in this country, was to be accounted for by supposing that there had been a- loss by leakage. He had almost forgotten to state, that when the King and Queen of the Sandwich Islands came on board . the vessel, they stocked it, as well as another vessel belonging to the plaintiffs, called the Princess Mary, with provisions, free of expence. That was a clear gain to the plaintiff's, but not one word had been said on . the subject by his Learned Friend. After some further remarks the Learned Counsel concluded by saying, -that after the Jury had heard his evidence, he would confidently leave the case in their hands. The evidence of .John 31‘Adam, the mate, and Wm. Roots, one of the crew of L'Aigle, was then read by the clerk. Joshua Williams deposed ( viva voce) that he was surgeon on board L'Aigle, during the voyage in, question. During the hole of the voyage the Captain exerted himself to the utmost. —Whilst the young female was on board, the Captain never negles:ed his duty. Before the vessel proceeded to the Sand wich Islands, 19 of the crew, which consisted of 35 men, were ill with the scurvy. The vessel did not remain longer at the Sandwich Islands than was necessary to restore ele health of the crew. Before the vessel. left the whaling-ground several of the men were unable to work, owing to illness. The ship was as full of oil as she could hold. Cross-examined by Mr. SCARLETT —lle was in the vessel during the voyage which she made previous to the last. On the former voyage there were two girls on board. He did not keep one of them. He would not swear that he had not told the plaintiff's solicitor that the ship was not full of oil. In the former voyage the vessel brought home 282 tons of oil. he was then crazy. In the last voyage she was in excellent con dition; she then brought home 271 tons. %Vm. Chaplin, .the master of Osborn's hotel, proved that within a day or two after the arrival of the King and Queen of the Sandwich Islands at his house, Mr. Boldcott, one of the plaintiffs, came to visit them. He repeated his visits frequently, and was attentive to their Majesties. One of the Jury asked who paid the bill, and Mr. Gurney said that Government paid it. Perkins, a waiter at the hotel, stated, that he heard Mr. Boldcott ask the King for money, as payment for his passage. The King had about 3,0001. in his possession. A clerk of the Bank proved that Mr. Boldcott and the King of the Sandwich Islands came to the Bank, and vested 2,100/. in the name of the King. Several South Sea Captains stated that two years and four months was not .a long voyage for a ship going round Cape Born. ... Mr. SCAItLETT, in order to meet the statement made by the Attorney-General, that the ship was provisioned for the home voyage by the King of the Sandwich Islands, by which the plaintiff's had profitted, produced a charge in the de fendant's writing upon the plaintiff's for the provisions for the home voyage. Mr. SCAItLETT then shortly replied. The Loitn CHIEF JUSTICE summed up the evidence, and the Jury, after some deliberation, found a verdict for the plain tiff—Damages, 210/.—The Court rose at eight o'clock. Lord LTLFORD is said to have died in COnSp quence of a cold, caught by being exposed to the torrents of rai❑ which fell during the late review at Hounslow. Thursday night, during Miss FooTE's Per formance in Dublin, Peace Officer Ga/og/y took into custody a young man of genteel appearance, named J. RUSSELL, living at Summer Hill, on a charge of using obscene language to Miss FooTE. The prisoner entered into recognizances to abide his trial before the RECORDER. Mr. Joitx CRAVEN, a farmer at Galisetey, had, during the day, been assisting his brother in the husbandry bu siness, .and in the evening retired to sup with him ; during the time they were at supper. his nephew, a youth about lt; years of age, took up a gun, which had not been used for a consider able titrie, and presentinglit at his uncle, said, " Uncle, I will shbot you , ;" when, to his consternation and horror, the piece went off, and shot his unsuspecting relative dead on the spot— The shot paSsed through his cheek and part of the head, and so instantaneous was his death, that he expired before he could complete the instinctive movement of raising his hand to his Head.—( York Courant.) THE ARMY. Detachments belonging to the sth, 16th, 21st, 23d, 35th, 41st, 44th, 45th, 46th, 48th, 85th, and 89th Regiments of Foot, the East India Company's Artillery and Infantry, embarked on the 21st ult., at Cork, for England. Detachments belonging to the sth, 6th,Bth,l2th i 13th, 24th, 38th, 41st, 43d, 44th, 45th, 46th, 47th, 54th, 55th, 57th, 59th, 69th, 70th, 85th, 89th, 97th, 98th, and 99th Regiments of Foot, the East India Company's Artillery and Infantry, embarked, ou the '24th ult., at Dublin, for Bristol. COURTS-M RTIA L. At a General Court-Martial held at Up Park Camp Bar 'racks,' Jamaica,' on the 27th December, 1824, and continued by adjournment to the 19th January, 1825, Captain Theobald O'Doherty, of the 91st Regiment of Foot, was arraigned upon the undermentioned Charges, viz. : First, " For conduct unbecoming the character of an Officer and a Gentleman, in having stated to Quarter-master M‘Lean, of the 91st Regiment, some time in the month of November. last, that he, Captain O'Deh er ty, h a d furnished Mr. 51'Neil, late Lietit.-Col. of the 91st Regiment, with documents to prove that Lieut. Barnes had thrown a glass of wine in Lieut.-Col. M 'Donald's face ; and that he, Lieut.-Col. M‘Donald, had taken no further notice of it, than by reprimanding Lieut. Barnes on the morning parade." . Second, "For stating to Captain Richardson, of the 91st Regiment, some time about the month of June last, that En sign, now Lieut. Barnes, threw some wine in Lieut.-Colonel M`Donald's face, at a dinner-party at the Royal Artillery mesa, in Port-Royal." "Such false statements tending to lower Lieutenant. Colonel M`Donald, his superior Officer, in the estimation of the Of ficers of the Corps, and to deprive him of that influence, autho rity, and command, necessary to the'discharge of his duty as a Field-Officer of the 91st Regiment ; and consequently, highly prejUdicial to his Majesty's service." Upon which charges the Court came to the following decision : " The Court having most maturely and deliberately weighed and considered the evidence of the documents brought forward in support of the prosecution ; as also the prisoner's defence, and the evidence adduced in support thereof, is of opinion as follows: " With respect to the first charge, viz. conduct unbecoming the character of an officer and a gentleman, in having stated to Quarter -Master M‘Lean. of the 91st regiment, some time in the month of November last, that lie, Captain O'Doherty, had furnished Mr. 31`Neil, late Lieutenant-Colonel of the 91st re giment, with documents to prove that Lieutenant Barnes had thrown a glass of wine in Lieutenant-Colonel 31• Donald's face; and that he, Lieutenant• Colonel 31 - Donald, had taken no fur ther notice of it, than by reprimanding Lieutenant Barnes on the morning parade :—The Court is of opinion, that he, the prisoner, Captain Theobald O'Doherty, of the 91st regiment, is guilty of the said first charge." " With respect to the second charge, viz.--Stating to Capt. Richardson of the 9lst regiment, some time about the month of June last, that Ensign, now Lieutenant Barnes, threw some wine in Lieut.-Colonel 31‘Donald's face, at a dinner party, at the Royal Artillery Mess in Port Royal Court is also of opinion, that the prisoner, Capt. Theobald O'Doherty, is guilty of the said second charge." " The Court having found the prisoner Guilty of both the Charges preferred against him, being in breach of the Articles of War, does therefore sentence him, th e p r i soner , Captain Theobald O'Doherty, of the 91st Re g im en t, t o b e dismissed his Majesty's service." " However painful it must always be to a Court to find itself under the necessity of animadverting on the conduct of an evi dence, yet this Court would consider itself wanting in that duty which it owes to the service, were it to close its proceedings without noticing the very extraordinary and vacillating manner in which Captain Richardson, of the 91st Regiment, gave his testimony, as appears on the face of these proceedings. The Court cannot help expressing its surprise, that an Officer of Captain Richardson's rank and length of service, could have any other than one impression, after" hearing such an accusa tion as he swears Captain O'Doherty made against his superior Officer ; yet Captain Richardson states in one part of his evi dence, that it made no impression on him at the time, but it did afterwards ; and in another part, that it did make an im pression on him at the time, but he never thought of it after wards. This strange inconsistency on the part of Captain Richardson, (although it could not shake the direct testimony that he gave of Captain O'Doherty's having made the satement of which he has been found guilty), the Court cannot pass over without remark." " It is equally painful to the Court to revert to the evidence of Major Creighton; whereby it would appear, that the report of a glass of wine having been 'thrown in Lieutenant-Colonel Ill'DOnald's face, had come to that Officer's knoWledge from two sources; and the Court cannot but regret that an Officer of Major Creighton's rank standing in the army, should not nave immediately' called upon the informants to give up their autho rity for such reports, and also communicated the circumstance without delay to his Commanding Officer.". His Majesty was pleased to approve and confirm the finding and sentence of the Court. His Majesty was further pleased to command, that, in con. sequence of the serious,_ nimadversions passed by the Court upon the conduct of Captain Richardson, and Brevet-Major Creighton, of the 91st Regiment, which animadversions ap pear to be amply born out by the minutes, of their evidence upon the trial of Captain O'Dolierty, these Officers shall be re, quired to send in their resignations, with a view to their retir ing from his Majesty's service by the sale of their respective Commissions. At a General Court Martial held at Up Park Camp, Ja maica, on the 24th of January, 1825, and continued by ad journments to the 27th of the same month, Lieutenant Thomas Giddy `lntyre of the 91st re g i me nt, was arra i gne d u p on th e under-mentioned charge, viz. " For conduct unbecoming the character of an officer and gentleman, ,by -putting in c i rcu l a ti on some t i me a b out t h e montn of June or July, 1823, and subsequently, a report to the following effect, viz. : —Th a t Li eu t enant , t h en E ns i gn Barnes, had thrown a gla ss o f w i ne i n Li eutenan t-C o l one l, then Major, M‘Donald's face; and that he, Lieutenant-Colo nel 31. Donald, had taken no further notice of it than by repri manding Lieutenant Barnes on the morning parade ; although Lieutenant M'lntyre had stated to Lieutenant Burne, of the 91st regiment, in a conversation with that officer some time about tile said month of June, 1823, that Lieutenant Barnes had accidentally sprinkled same wine over Lieutenant-Colo nel M'llonald, at the Royal Artillery Mess at Port Royal, for which he, Lieutenant Barnes, was reprimanded on the morning parade by Lieut.-Colonel M'llonald. Such false re port being highly prejudicial to the character of Lieutenant- Colonel M'Donald, his superior Officer, tending to lower him in the estimation of the Officers of the Corps, and to deprive him of that influence, authority, and command, which, as a Field Officer of the 91st Regiment, he ought to have; greatly to the injury of his Majestya service." Upon which charge the Court came to the following decision : " The Court having maturely and deliberately weighed and considered the evidence adduced in support of the prosecution, together with what the prisoner has stated in his defence, and the evidence thereon, is of opinion that he, the prisoner, Lieu tenant Thomas Giddy 111`In tyre , o f t h e flit Regiment, is Not Guilty . of so much of the Charge preferred against him, as is comprised within the tellowing words, viz.: Conduct unbecom ing the character of an Officer and a Gentleman, -by putting in circulation, some time about the month of June or July, 1823, a report to the following effect, viz.:—That Lieutenant, then Ensign, Barnes, had thrown a glass of wine in Liedtenant- Colonel, then Major, Macdonald's face ; and that he, Lieut.. Colonel M`Donald, had taken no further notice of it, than by reprimanding Lieut. Barnes on the morning parade." - • 4 With respect to the remaining part of the charge, the Court is of opinion that the prisoner, Lieut. I'. G. M'lntyre, is Guilty of stating, subsequently to the month of June or July, 182:t, that Lieutenant, then Ensign, Barnes had thrown a glass of wine in Lieutenant_Colonel, then Major, 31 4 Donald's face; but the Court does acquit him of stating that Lieut.-Colonel Macdonald had taken no further notice of it, than by repri manding Lieut. Bari,es on the morning parade." " The Court having found the prisoner guilty of so much of the charge p re f erre d aga i nst hi m as i s a b ove recor d e d , an d wnich being in breach of the Articles of War, it does, by virtue thereof, sentence him, the prisoner, Lieut. Thomas Giddy M'lntyre, of the 91st Regiment, to be severely reprimanded in such manner as his Majesty may be pleased to direct. " The Court has been induced to pass the above very lenient sentence against the prisoner, from its appearing, by the evi dence adduced on the part of the prosecution, that Lieutenant APlntyre was not actuated by any hostile or improper feeling towards Lieutenant-Colonel icl'Donald, in making the state ment of which he has been found guilty, such statement having been induced by Major Creighton's (his then Commanding Officer) inquiries as to the character of the Officers composing the detachment at Port Royal, as far as regarded their military duties, and of Mr. Barnes in particular, to whom his attention had been drawn by his being absent from a parade." His Majesty has been pleased to approve and confirm the finding and Sentence of the Court, and to command that Lieut. M'lntyre shall be admonished to be more cautious not to en courage or repeat statements which may have a tendency to affect the character of any officer, more especially that of an officer commanding a regiment, which it is so peculiarly ne cessary should be upheld and protected by all serving under his immediate orders. His Majesty has been further pleased to express his opinion upon this and Capt. O'Doberty's Court Martial, that the at tempt made, as lies been exposed on the proceedings, to pre judice the'eharacter of the meritorious officer now in command of the 91st regiment, has not been less malicious than the accu. sation itself has been proved to be false and unworthy. THE LATE GOVERNOR MACQUARIE. (From the Sidney Gazette, Nov. 18, 1824.) in pursuance of the Resolutions that were adopted at a Meeting at the residence of JOHN THOMAS CAMPBELL, Esq. on the sth instant, the Solemn Procession took place on Sunday last, the 14th instant, in honour of the memory of our late Governor, General MACQUARIE. On the present occasion. we shall be as brief as circumstances will pos sibly admit. At ten. o'clock the Officers, Civil, Military, and Naval, the Hon. the Judge Advocate, and Magistrates of the Colony • and the private Gentlemen, Merchants, and respect able Inhabitants, were assembled in the front of the 'Court house, in Castlereagh-street. At half-past ten the ProceSsion began to move, adhering, as nearly as possible, to the following order, which was determined on at the Meeting held on the sth, and rendered public fur general information : Two Mutes . ; Two Mutes; Three Mutes; The Rev. Wm. Cowper, Senior Assistant Chaplain ; The Staff of the late Governor as Chief Mourners ; comprising H. C. Antill, Esq. late Major of Brigade; John Thomas Campbell, Esq. late Secretary to Government ; and William Redfern, Esq. Surgeon to his late Excellency's Family ; The Officers of Regiments, formerly on duty in New South Wales ; The Officers of the present Garrison ; .Officers of the Navy and Commissariat; • Law Officers according to Rank Medical Gentlemen ; Judge Advocate and Senior Magistrate; -. Other Magistrates, according to Priority of Commission; Principal Civil Officers ; • • Solicitors ; Private Gentlemen, Merchants, and Strangers; ' Clarks in Public Offices ; . Inhabitants generally • • ' • The Detachment of H. 31,48 th legimen t ; Two Members of the Procession Clininittee ia the Rear ; .' Two Mutes. •, - . --. The streets were 'lined with the populace, thousands of whom were assembled to behold the cordial tokens of respect that re mained to be offered by a grateful 'people, to the memory of their departed Governor. The Rev. William Cowper, who had fulfilled the duties of the Ministry in the Town of Sydney, and in the Church of St. Philip, during the whole of the adminis tration of General Macquarie, was very properly chosen to preach the Sermon on this mournful occasion. The Rey. Gentleman selected for his text the following passage, to be found in . the xxii chap. Proverbs :—" Seest thou a man diligent in his busi ness ? he shall stand before kings; he shall not stand before mean men."—The Rev. Gentleman took occasion, in his dis course, to remark upon the uncertainty of sublunary affairs; and pathetically urged immediate attention to the realities of the eternal world. In the exordium Mr. Cowper descanted upon the unremitting energy of the deceased General, who was indefatigable in exerting himself in the cause of these interest ing colonies whose welfare and prosperity were primary objects in his elevated and liberal mind. After the Rev. Gentleman concluded his discourse, in which he made solemn appeals to the crowded congregation, lie briefly delineated the contrast be twixt the present state of the Colony, and what it bore in 1809— a contrast most striking ! Governor Macquarie, the Rev. Gen tleman observed, was subject to the fallabilities of man : but his principles and character demanded our esteem, and called upon us to revere his memory. The public and private virtues of the late General were eminently conspicuous. As a Hus band, Father, Friend, and Master, his equal, in private life, was rarely to be found ; for eleven years and eleven months he sacrificed every thing to the duties of his Administration. In 1809, almOst the whole of the Australian population were living in a state of unblushing concubinage—marriage, the ordinance of Heaven, was little respected. In the first year of General Maquarie's Government no less than 181 marriages were so lemnized in the town of Sydney ! To behold the numbers of poor children wandering about the streets,, destitute of instruc tion and clothing, was a lamentable object for enlightened hu. manity to contemplate. Public and charity scho o ls were insti. tuted seven, weeks after his arrival. In 1809 the Sabbath was unknown as the day of the Most High-and quite disregarded. Cattle were slaughtered, provisions issued fro.n the stores, carts and waggons were employed, and 'public worship little attended. The Sydney Gazette, too, the only paper printed in the Colony, was published on a Sunday. The Bible . and Benevolent So. cieties were founded under Governor Macqdarie's auspices, and every laudable Institution was generally encouraged and pro moted. His Excellency General Macquarie, too, founded the Male Orphan . Institution, thus imitating one of his predeces sors (Governor King,) who first formed the Female Orphan In stitution. In closing the subject, the Rev. Gentleman observed, that he could not but pertinantly remark that the deceased, in his long and arduous public course, had most aptly illustrated the text. " Seest thou a man diligentin his business ? he shall stand before kings." General Macquarie stood before George the Third, and George the Fourth ! and, as a mark of Royal approbation, was rewarded with a pension of 10001. per annum. We think Mr. Cowper will now stand higher than ever in pub lic regard ; he deservedly merits, from 15 years' unceasing dili gence in the Ministry, the grateful consideration of the Colony —particularly when it is to be recollected that lie was one of those who had, in common with many others, to share the fatigue . of thelate Governor's arduous Administration. No other Mi nister,_in New South Wales, perhaps, could have done more ample justice to the memory of oar late Governor in Chief, than Mr. Cowper; the Rev, Gentleman is therefore entitled to our warmest and grateful respect for his exertions on this interesting occasion. A l et t „ trk c. MASONIC NOTICES FOR NEXT WEEK. ENGLAND. Monday, July 18, LONDON. Nos. 1, 8,14,15, 22, 104, 284, 293, 306. Cor,rxTßY. Nos. 20, 72, 102, 219, 311, 368, 423, 509, 510, 521 , 583. • - 19, Lox Do N. Nos. 33, 42, 266, 281, 309. CoUNTRY. Nos. 127, 151, 167, 170, 184, 199, 385, 532, 544, 551. Wednesday, -- 20, Lospox. Nos. 36, 56, 91, 92, 13 4, 225, 296, 321. COUNTRY. Nos. 95, 105, 124, 146. 207, 229, 339, 342, 465. 480, 487, 529, 581, 67 8, 711. 21, LONDON. Nov. 65, 152, 274, 3 88. House Corn. Fem. Sch. at 11. COUNTRY. Nos. 48, 113, 171, 2611 416, 453, 466, 469, 6 11, 561. - V, LONDON. • • • COUNTRY. Nos. 283, 5.50, 655, 67 5, 709. • o • • Tuesday, Thursday, Friday, Saturday, 23, Lo:mos. • CouwritY. s s MR. MARTIN AND HIS ACT. GuILDTIALL.—Mr. MARTIN attended yesterday before the Sitting Alderman, Sir CHARLES FLOWER, Ban., to support an information he had previously laid against one Wm. Bos well, a carter in the employ of Messrs. Randall, coal and corn merchants, Queenhithe. On the defendant's making his ap pearance at the table, Mr. Martin, omitting all proem or exor dium, with a sort of warmth of indignation, rushed at once into his complaint. Now, Sir Charles, said he, as I was coming to this Office on Monday, I saw this fellow og tk leading horse of his team in the most wanton, brutal, and shameful man ner you can possibly imagine. I never heard louder smacks of the whip in all my life, and they all fell upon the poor animal's head, ears, or muzzle. I do not know what all this violence was for, but the fellow was a little behind his fore-horse, and I verily believe flogged him because he went straight on, and did not know by inspiration that he wanted him to turn round into King-street. You know what sort of an instrument of punishment a cart-whip is, Sir Charles, and this fellow was using it with both his hands, and with a dexterity of cruelty that, I am quite sure, could not have been acquired without much practice. I never saw a fel low correct a horse with more barbarity ; and if the animal had been drubbed with a bludgeon, instead of a whip, he'could not have experienced greater pain. T'nere was no excuse for his conduct, for I never saw a horse more handy, or that drew more direct and properly. What have you to say for yourself ? (ad dressing the defendant.) Why, you ran up to the horse with the look and manner of a fury. The defendant meekly denied having used the violence im puted to him, and he would take his oath he did not strike the horse morn than three times. Mr. Martin, he said, was wrong in stating that he was behind the waggon. Mr. Martin—Behind the horse, man, I said. Defendant—Well, then, Sir, that was my proper place to be in. I called to the horse, but he did not mind me, and I was obliged to fetch him back again. A little whipping is some times necessary to keep horses under controul.. Mr. Martin—But your horse don't want whipping. I waited, Sir Charles, upon this man's master yesterday, who told me that the horse was one of the best in the whole city, and would do every thing but talk—that was his very expression ; while he described the carter as a very passionate sort of fellow. He bears, however, otherwise a very good sort of character, and I would therefore plead for him to your Worship not to inflict the full penalty upon him. It is proper, however, that these pas sionate sort of fellows should be taught to keep their tempers. I have known many men who would take great pains to keep their horses clean and comfortable, who loved their horses, and would even steal hay and corn to give them, and yet when they got into one of their passions, flog them very cruelly. Sir C. FLOWER said, the public were greatly indebted to Mr. Martin for the introduction of the law itself, but mote particu larly for the persevering exertions with v:hich he kept it in operation. lie should certainly have inflicted the full penalty in this instance, but in consequence of the defendant's good character; and the suggestion of Mr. Martin, he should mitigate it to 10s. Mr. Martin said he felt much obliged to the City Magistrates for the ready assistance they had always afforded him in enforc ing the provisions of the statute. He could not, however, help making one exception as to the Alderman who a short time since raised a doubt whether the informer could be admitted as a legal evidence, and since that another Magistrate had taken it into his head that two witnesses were necessary to enforce a conviction. He differed in Soto from that opinion ; and so sa tisfied was he of the intent of the Legislature, that as a Magis trate himself he would at any time convict upon the testimony of one witness only. The defendant paid the penalty and costs, Mr. Martin at the same time advising him to learn tQ keep his temper a little better for the future, . PRICE OF' STOCKS TIIIS IM Y AT ONE O'CLOCK• Bark Mock 2314 24 2 Ohl Annti , ties 3 per Cent. Rea. I . 901 New Ditto 3 per Cent. Cona , '9o{ 90 ex div. nx. Bills 1000/. lid. 34 30 33 :Ps per Cent , 9si ,Ditto 5001. 1/41 35 31 Ditto Red. - 4 per Cent. New 104 i 3j ex div, Ditto Commercial Bank Long Ann: ... 22 .5-16 Bank for Act. - India Stock .273,1 I India for Acct. - —, Ditto Bonds 53 52 pin. " Cons. for Opening ....... 911 0 South Sea stock PRICES'OF FOREIGN F Austrian lids, 5 per et.— 911 i Brazilian lids 1825 1 'dis. Buenos. Ayres lids Chinon, lids, 6 per cent — Colombian lids, 6 per et • do. 1824 BB Danish, 5 per cent. Do. .Scrip - Greek lids Do. Scrip, 1825... 12 12 tlis. Mexican Ms 76 Do. Scrip 1825 11' 26 2 dis. Neapolitan, 5 per cent. ... N DS AT ONE &CLOCK • Neapolitan Scrip ............ Peruvian Bontls - ..-- 1)o. Scrip • 3 d lg. bpi Portuguese Bonds .. Prussian, 5 per ct. '.......- Ditto New .-- -9/ Russian, New; 5 p.' ct. ....•• i i Spanish 1821, 5 per ct. 21a , 1823 French II entes, 5 p. ct. —I. Exchange ... —f• —f: —,---. 3 per cent. ~ ....c. Exchange ... ---1. PRICES OF SHAKES AT ONE'O'CLOCK• , t , Anglo-Mexican Minin g C om p an y Anglo-Chilian Minin g C om p an y - _ 4; Castello and Espirito S an t o B raz il Mi n i ng CompinPyel.S..l:ll:7; Cornwall and Devonshire Mining Company ...... • ........ I l i English Mining Company - Potosi La Paz and Peruvian Mining Association ...... 0 , Royal Irish Mining Comp an y Royal Stannary and Briti s h Mi n i ng Association —• 6 I New United Mexican Minin g C om p an y Welch Iron and Coal Mi n i ng Company 11 Protector Fire Assurance Company Manchester, and Liverpool Railway Company . ............ ii ii British Iron Comp a ny British Rock and Patent Salt Company General Steam Navigation Company Great Westminster Dairy CoMpany 3i Imperial Plate Glass Company - Imperial Distillery Company London Carpet Company • •—• London and Boulogne Steam Packet Company Rio de la Plata Agricultural Company Scarlet Dye Company West India Company ...- FOLZEIGN MAILS. Anurvizu. DPI C ' Lisbon - - . 0 1 Hamburg!' - , . - G „ France - - - A F Jamaica - - - America - - • - 0 . . • 1 1()%i ' 7, 1111111 WA TE It A T LON DON .11 It 11) a E TO-510f I tet '',„ Morning, 36 minutes after 1. I Evening t 4 minutes ~,,,•' THE SUN. SOLLZII QUIS DICERE FiILSUM 4UDX-11 , THURSDAY EVEN IN LONDON G, JULY 141_.: The German Mail which arrived this 010rfiln has brought us the Austrian Observer of t he. oo , July. The extract which we have trod' ir a te it draws a very unfavourable picture of th e tr %i l l of the Greeks in the l‘lorea, and of thei r aP :or in general, and we greatly fear the correctoe s a 0 the account cannot b e doubted. The J ust(' A , Observer has long been silent on the subje c "%, we may therefore conclude would not 11 0° P o . lished this intelligence unless derived froo' ve " thentic sources. Its previoas accounts 03 ' ways hitherto proved to be true. This ar e° ° is confirmed in - inost respects by letters 0 1 ' 1 Trieste, Constantinople, and Augsburg , to 1,1 119 French Papers of Monday, and espe cia t gr an article in the Etoile of Monday, bu e jsi r ij rw was too long to extract. That of . v eti contains the same intelligence we h ave gl Ar l fr below. The Quotidienne says, that the til„ Cg i r PACIIA, after the loss he sustained n ear le of d'Oro, had arrived at Suda, in the 15 „ e a f Candia. The destruction of the ves sel tole into Syra is also confirmed by the -sa•- Monday. cliir e CONSTANTINOPLE,,JUNE 0,•---The o°-- "A r gc i lle : of Colonel Rottiers, who brought the f",,re es count of the events of the nth Mayrelt't varin, appear to be unfounded, as far 05 fr tir to the injury done to the town of Aloa cln 't a detailed report, dated off Z e a, Otb ° Ao sfrr, l f by Major Ba:tcleira, commanding th e ' 4- itl st e schooner Arethusa, who was also ih th e ,r, e the Egyptian squadron off Modon .0t 1 . 1- 00 01. ,14 dt ti tai m eyr e ,e , who and ot returned r N remained and av a rsevera l v e d a o l i n s t a h e ti rr il ' a ti p i e a t; loss of the Egyptians consisted of a gai' 9 ,r t rl‘ l. o t Asia), three rorvettes, three brigs, fcl ur (et re t ;il and four lonian transports, most the first) very old and unserviceable ve'i 10 4 '"ar that neither the town nor the castle ° jo o oi s had suffered any injury whatever. T t i le cc ce r a few ships , had n o t uny influence to'