The Sun. — London, England, 1825-12-24 00:00:00

LAW INTELLIGENCE. COURT OF CHANCERY, DEC. 23. IN RE BEL LIS, AN INFANT. Mr. HART applied 6,r an order to enable OK.. Bank of Eng 'land to pay to the use of the infant, dividends upon stock, upon which the late Fauntleroy had raised money for his own pur poses. The Bank had consented to do this, on condition of the -responsibility in which they might be held by the administra tion of the bankrupt estate being taken from them—The order watgrauted accordingly. DE BEAUVOIR V. RHODES. Mr. HEALD opposed a motion which had been made for impounding all the papers and instruments in this cause.— There were many of the documents which were necessary to the lease in going on with his building contract+. After some discussion, it was arranged that the papers should be impound ed, with leave to apply for such as might be .occasionally re quired. HUDDERSFIELD RANK. ith. Rot applied for the ex iuction of the commission of bankruptcy which had issued in this case, on the ground of ntiadeseription. The firm of the bank was John Thompson and Co., bankers, at Hudderfield, and John Thompson, hop merchant, London. They had all been described in the com mission as bankers and hop-merchants. The LORD CHANCELoR thought that this was not a mis description which would quash the commission. People in these days of speculation entered into 40 different trades ; if this objection were allowed, not one commission of a hundred would be found good. COVENT-GARDEN THEATRE.—CONST is. HARRIS. The •Lortn CHANCELLOR, after considerable discussion upon the directions to be given to the treasurer at the Theatre, at length settled them on these terms. The receiver is to be allowed the current expences, including the nightly expences, rates, taxes, and other unavoidable outgoings ; he is to reserve a proportion of the receipts for the payment of the rent: and fte is every two months to state on affidavit what sum he has re served, and also what balance he holds in hand. Parties are then to be at liberty to move the Court for the payment in, and j appropriation of such balances: His Lordship ocularly remark eci that hehoped they would manage such motions to the Court, 10 as not to pay box-prices for them. VICE-CHANCELLOR'S COURT, DEC. 23. IN THE MATTER OF WHYTE, A 13ANKRUPT. 'MT. HORNE appeared to argue the petition of the bankrupt in this case, who prayed that the Court would order him to be allowed to surrender to a commission of bankruptcy which FK.I been issued against him many years ago. It appeared by tNe affidavits filed in support of the petition, that the bankrupt happened tube in France on business connected with his trade in-the year 1802, and for some time afterwards. When the war was declared between England and France, he was among the number of Englishmen ordered to be detained by the Go- Ternment of France. During his absence, the commission was taken out against him ; be was duly declared a bankrupt; tired although 'he was prevented by the circumstances before sated from appearing under it, his property was dealt with in the ordinary manner. When, at length, the restoration of peace enabled him to return to England, tie found, that although he:was stripped of all his means, he was not in a situation to elsim the privileges which the laws bad provided for bankrupts, And he presented this petition for the purpose of enabling him to surrender, and duly obtain his certificate. The affidavits were stated to be quite full, and to negative, in the mo , t expli ,cit manner, the fact of his having gone abroad to avoid the commission. The Vicr-CHANCELLOR said, that the bankrupt must duly surrender, and pass the ordinary xamination before the Com missioners. This would enali persons interested to investigate the circumstances o • 24 would give the bankrupt an opportunity of establishin 'facts stated in his petition.—The Order was therefore granted as irraybfor. 4 EXPARTE SMITH. Mr. Hone said he was requested to apply to the Court for an order, that an attorney of the name of Smith should be re 'placed upon the list of solicitors in Chancery. His Honour had formerly ordered that this person should be struck off the roll, sad some doubts havinte subsequently arisen, an application to the Lord Chancellor had been made, who gave it as his opinion that the Vice-Chancellor had no power to make such order. He presumed, therefore, that his Honour would not now object. The VICE-CnAstcstt. non said, that the order had been pro nounced as a matter of course—it always following that when an attorney had been struck off the rolls of the Courts of com mon law, (as this person had been), his name should also be re moved from the rolls of the courts of equity. The Lord Chan cellor was of opinion, that in point of form he (the Vice- Chancellor) had no right to make that order, which had been Frcnounced rather with a view to the facts of the case, than to the technical forms of the court. This affair had been the sub ject of a correspondence between the petitioner and his Ho.. Tour's' Secretary, in the course of which he must say the peti etioner had displayed a singular degree of obstinacy. If the party at whose instance he Was struck off the roll had re t paved riOtice or this application, and did not appear to show cause against it, the order for his restoration should be given. It was intimated by the petitioner to his counsel, and through him to the Court, that such notice had been given. The VicE-CitaxcELLOß said, that upon an affidavit of the fact being filed, the order mightpass. COURT OF NINO'S BENCH, DEc.23. • • HAN':` , ZAFORD v. HILINI,4I. This case, in which the defence was conducted by the Admi ciat)r, being specially appointed for to-day, was called on at the hitting of the Court. Only two 'special jurors appeared, and rorrie time elapsed before a full complement of common jurors could be obtained. At length - the jury were sworn. PATTESON opened the pleadings. The action was lirpught for three several assaults on board his Majesty's ship Tweed; the first, on the 14th of August, 1824; the second, on the 31st of August ; the third, on the 11th of September, and imprisonments consequent thereon. To each of these allega tions the defendant pleaded 14 special pleas of justification, all alleging that he was captain and commander of his Majestya ship Tweed; that the defendant was master of the same ves sel. Each set of pleas was divided into two classes, the first justifying the trespasses on the several grounds that the plain tiff disobeyed the lawful orders of the defendant; that he dis 'obeyed the orders of his superior officer ; that he had quar relled with his superior officer; that he behaved with contempt ; and that he made an unlawful alteration in the log-book with out authority; the second class alleging that he was charged with doing all these things, and that he was arrested upon that charge; and all the pleas averring that he was kept and de 'Mined in prison in order to his being put upon his trial at a -court-martial. To all these special pleas the, plain tiff replied, ,that the defendant committed the trespasses without the causes sa alleged; and also newly assigned that he kept the plaintiff in prison for a longer time, and in a closer manner, than was necessary for the purpose relied on ; to which new assignment the defendant pleaded " not guilty." Mr. BROUGHAM, who stated the case, said, the plaintiff came to complain of most gross injuries that could be sus tained. Ile was a man of as an unexceptionable character as any in the King's service—he was a Master in the Navy, which was an office of no inconsiderable rank. The defendant was the Captain of a vessel called the Tweed. In the summer of .• 1t:24, the Tweed was off Bahia in the Brazils, at which period the defendant, not satisfied with the powers given him by the Mutiny Act, the articles of war, and the book containing the nosy regulations, thought fit to issue a new code of instructions and regulations for the management of the ship, and about the 11th of August, in the last year, these regulations were drawn up and handed to the different officers of the ship for their sanction. Now it happened that these regulations were not only new, in the navy, but many of them were directly in the teeth of some 'of its most important regulations ; the first of which regulations was, that the Master and Lieutenants should pay the greatest attention to the stowage of the treasures of the ship, and that when any treasures, that was, gold and silver, were brought on board, the Master, &c. were to attend in the Captain's cabin, and there count and mark every bag, and report the same .to the officer of the watch. This duty was no part of the duty of . the Master, because, although he was bound to see to the stowage of it, he - had nothing to do with the counting of it ; the very act of carrying it was a privilege granted to the Captain, for which he received an ample remuneration, and took it on board . at his own risk. However, a copy of this new code of regula , tions was handed by the Captain to the plaintiff, directing him W get it recopied, and bring it back to him, signed by the Ship's officers. The Learned Counsel here cited various parts .of the Navy regulations, showing that if any officer had a com plaint to make regarding another . officer, it was to be made to ..the next superior officer in command - and if any new orders Were issued, which an officer thought he was not bound to obey . he was to represent his objection to them to the officer issuing 'the orders, but if he persisted in their being obeyed, he was bound to obey them until he had communicated with the supe slur officer on the station. The plaintiff, considering the new regulations about to be introduced by the defendant as unau .thorised by the laws of the navy, he, on the 14th of August, presented a most respectful letter to the defendant, referring to vitriol's clauses of the navy regulations, and stating that he saw nettling in any of those clauses which would warrant him (the plaintiff) in signing the regulations. Upon receiving this on the ,seine day (the 14th) the Captain assembled the whole ship's crew, the guards were called out, tha marines mustered under ,arms, and then publicly on deck presented the letter to the plaintiff; demanded to know of him whether he was the writer of it. Upon the plaintiff replyiag that he was, the Captain or dered him into the custody of a serjeant and private ; he then read the letter aloud, with much violence and gesticulation.— Afterwards read aloud the Articles of War, laying particular stress upon the disobedience, mutiny, &c. ; and then having thus exposed the plaintiff to this degrading exhibition, be caused hirii to be hurtieci.away below deck, and confined to his cabin, which was only front six to seven feet square, and about four feet high, and in which was his heti ; and there, in a place with scarcely any light, kept the plaintiff confined for three days, in a climate where, upon the deck, the heat was about 86 degrees.— At the end of these three days he was set at large, and then the plaintiff apprehended that there was an end of his offence, if offence he had cotnmitted. Things went on thus until the 31st of A must, when the Captain accused the plaintiff of having made an addition to the entry in the log-beak that was not au thorised by the officer of the watch. The plaintiff replied, that he made it at the express desire of Lieutenant Harwood, who was the Officer of the watch. The Captain accused him of falsehood and prevarication—he again referred to his former orders, had the whole ship's crew agaid assembled in the same manner as before ; and, after reading over the orders, lie direct ed the plaintiff to sign the orders, which he instantly did, at the same time respectfully dissenting from their contents. He then lied the articles of war again read as before—order ed the plaintiff again into custody, and had . him placed in his cabin. Previous to the plaintiff's being sent down, how ever, in order as much as possible to degrade him, and irritate his feelings, the Captain ordered two men who had been or dered to be punished, one tbr using disgusting language to the boatswain, and the other for drunkenness, to be brought on deck, and on addressing the first, said, " I cannot punish you, my man, when I see you have so. baneful an ex ample before you" (pointing at the plaintiff,) and the punish ment of the other he reduced to six stripes. The Captain then declared aloud to the crew, that the plaintiff, was labouring under mental derangement, and said, he should send him to his cabin to take care of him ; thus making him accountable for his own acts,. as well as the acts of others, at the very time when, if what the Captain said was true, he was not even ac countable for any act whatever. The plaintiff was then sent to his cabin as before, guarded, and there detained until the ship :arrived at Rio de Janeiro, which was a period of near eight weeks, during the whole of - which time he was suffeeing -the greatest agonies, both of body and mind. The Learned Coun sel then proceeded to relate certain acts of insult and-oppres shin, that the defendant had inflicted on the, plaintiff. The plaintiff was brought to trial by a Court-martial, which Court. ordered him to be slightly reprimanded, at the same time ad vising him to seek redress against the Captain in a Court of Justice. In pursuance of that advice he had come before the Jury to-day, and he (31r. Brougham) trusted that the Jury. would, by their verdict, show the world, that all men in the. army and navy, although they were liable to other and more severe laws, still did not lose their rights as citizens ; and that the Jury would also teach officers placed in authority under his 3lajesty, that they were not invested with absolute power, but that power given them was to be administered according to law, and that if they were guilty of a maladministration of that power, they were amenable to the law for such misconduct. Lieutenant William Harwood---Was on board the Tweed in August last year ; the plaintiff was master of tier; a master is of tile same rank as a Lieutenant; the ship sailed from Rio Janeiro on the Bth August ; recollects some orders being issued by Captain Hand; the orders now produced are the same; they were issued about the 13th :August; the officers were all required to sign them. On the 14th August the plaintiff was placed tinder arrest on the quarter-deck ; the ship's company was turned up, and the marines. placed under arms ; the Cap tain was on deck, the plaintiff was there also; the Captain pro duced a letter, and asked if that was his Writing ? the defend ant said it was, and conducted himself quite respectfully ; the Captain gave him in charge' to a serjeant of marines, and a marine sentinel then read his letter to the ship's company ; he then read the naval articles of war, making gesticulations at the plaintiff whenever he came to the words, "mutiny, disobe dience," &c. The plaintiff several times attempted to speaa, but was prevented by the Captain calling out " Silence ; no cabal." The plaintiff was then taken to his cabin, and con- . fined until the 17th ; the cabin is about 4 or 5 feet high, and from 6 to 7 feet square ; there is a small scuttle light in the cabin, of about 9 inches by 5, that is the only means of ventila tion; the crew sleep on the same deck, about 130 in number; the temperature is about 86 degrees ; the cabin would be wanner than the gun-room. On the 17th he. was released, and per, formed duty as master, and continued to do so until the 31st of August, on which day he was again placed under arrest, the crew were again turned out, and the marines under arms 'f he were both again present. The Captain desired him to go down instantly and sign the orders, which he did. The plain tiff: at the same time, presented a letter to the Captain, saying he was bound to obey those orders, and he begged leave to offer his dissent until the opinion of the Commander-in-Chief was known. The Commander-in-Chief was Sir G. Eyre.—Whilst the plaintiff' was absent Signing the book, the Captain said that the.plaintiff had inserted something in the log book, which took place during.witpess's watch, and, by way of peevarication, had said that witness desired him to do so. Witness replied that he had so desired him. Part of what was inserted was copied from the board, and. the other witness dictated ; but the adition was a fact. The Captain then asked witness if any one had heard him tell the plaintiff that he was at liberty to make any insertion in the log book that he thought proper.—One of the midshipmen replied, that he had heard him.—The name cif the midshipman was L. Hardy. The Captain then read the articles of war, pointing nut the particular ones which he con sidered the plaintiff canto under, at the same time asserting that he was sure the plaintiff wes labouring under mental de. rangement, and he would confine to his cabin, to take care of him. Two sailors were then brought forward, who had been or dered for punishment, the one was for infamous expressions to the boatswain, and the other for habitual drunkenness. The Capt then said to the first man that he could not think of punishing him, when he saw that he had such a baneful example before him ; and to the other he made use of similar language, and mitigated his punishment to six lashes. The plaintiff was continued in confinement until the 11th of October, when he was released by an order from the Commander-in-Chief.— During the whole of this time lie was in close confinement in the same cabin. The heat of the weather was much about the same the whole time the vessel was at sea—from the 31st Au gust to the 2d of October—clueing which time the scuttle could not be kept open. The plaintiff during this time was allowed to walk the main deck for - one hour each day, but he was accompanied by a guard, and not permitted to speak to any of the ship's crew. On the'9th October, two Captains of King's ships carne on fiend, and two days afterwards the plaintiff was released. The ship left Rio on the 12th. Part of the time the plaintiff had a sentinel placed over him. The orders of the Captain were here put in and read. John Rous produced a letter from Mr. Hannaford to Capt. Henn, which Mr. Harwood proved to be in Mr. Hannaford's hand-writing. The letter referred to the Captain's requisition that Mr. Han naford should sign his (Captain Hunn's) orders, as he found nothing - in the general naval instructions requiring him so to do. Other letters from Mr. Hannaford to Capt. Huhn, were put in and read. The log-book was also produced. Lieut. Harwood re-examined.—The log was kept in chalk, and then copied into the log-book. He was directed to turn to that part of the log book which related to his being put under arrest by order of Captain Hunn, and which he hid himself dictated to the Master; as he . (Lieut. Harwood) did not think his own entry on the log book sufficiently explanatory. The Captain of tile ship in the King's service received half of the profits of carrying specie, the Commander-in-Chief on the sta tion one-quarter, and Greim with Hospital one-quarter. A letter from Admiral Eyre, directing that Hannaford might not be confined so strictly, as to be kept without air, and that he should be permitted to . walk the quarter deck and attend Divine Service. It also required that his application for a Court Mar tial should be in a letter, confined to that subject solely. Several of the articles of naval instructions were here read with the view of showing that Captain Hunn had violated them, but that Mr. Hannalorclhad not. Lieutenant Harwood cross-examined.—They sailed from England about March hist. Mr. flanitaford joined the ship in that month at Plymouth. They sailed next day. Witness had a quarrel with plaintiff on the quarter-deck. It was the day before they went into Madeira. A complaint was made by plaintiff to the Captain about it. The Captain was much dis pleased, and spoke to witness on the subject. It was proved that Mr. Hannaford had acted rightly. It was no quarrel, a mere difference of opinion on a point service. There was no threat, nor did he on that or any other occasion, threaten Mr. Hannaford with personal violence. 'Witness never heard that plaintiff had so represented it to the Captain. Mr. Hannaford and witness did not speak for a month or six weeks to each other, though in the same mess. The First Lieutenant (Kelly) complained to the Captain of Mr. Hannaford for a breach of his orders. Did not hear what took place between Lieut. Kelly and Mr. Hannaford lie never heard of two charges having been made against Mr. Hannaford for disobedience of orders. There were not perpetual differences in the gun room between Mr. Hannaford and the other officers. Did not recollect any other quarrel than the one between himself and Mr. Hannaford, and Lieut. Kelly and Mr. Hannaford. It was usual for the officers to sign the Captain's regulations, if not at variance with the printed instructions. Ile had heard of persons refusing to sign such orders on the ground of their being contrary to the printed instructions. Mr. Hannaford did not sign Captain Hunn's orders, other officers did, but remonstrated against them. They remonstrated against more than one article One article, which alluded to the quarrels, was withdrawn by the Captain, at the desire of some of the officers. Did not know that the quarrel between Lieut. Kelly and Mr. H. arose out of the orders for stowing the specie. He was not on the quarter deck when a quarrel took place between Lieut. Kelly and Mr. Hannaford. The gun room was the mess room for all the offi cers. There was a memorandum drawn up by Captain Hunn of the circumstances which led to the arrest, and was signed by himself as well as the rest. After the second arest, there was one signed by the other officers and himself. Was under ar rest on the 5.18 th August. There was a Court Martial upon Mr. Hannaford. Was examined as a witness there. It was held at Rio Janeiro. Five officers are requisite to form a Court. It was held as soon as possible. He was put out of confine ment on the lids. Re-examined by Mr. PAREES.—Was under arrest, but was not tried, as Captain Hunts withdrew the charge. Mr. Han naford was not permitted to walk out of his cabin into the room into which it opened. The orders remonstrated against were the 13th and 14th. Witness objected, as well as the other offi cers, to the 21st. Captain Hunn did not withdraw the charge against himself at his own request.—]A letter here produced.] Witness signed this letter. The statement therein contained is correct. • The v ;mess here entered into a long explanation of this letter, but it was not material. By Mr. Baotremax—Captain Hunn accused witness of telling a falsehood respecting an entry which hed been made in the log-book, but that gentleman afterwards explained. Joseph Seale was surgeon of the ship ; remembers on the 14th August Mr. Hannaford was brought upon the deck ; Capt. Hu no was there, and the pleintiff was then put under arrest. Mr. Hannaford was put upon the sick-list on the 24th August, and on the 30th he discharged his duty ; was present on the 29th August, in the gun-room, when Mr. Hannaford was writ ing in the log-book; Lieut. Harwood was there, and the entry was made from the log-board ; plaintiff's behaviour was very respectful to Capt. Hunn; during the first part of the plaintiff's confinement, he walked upon the main-deck by order of Capt. Hunn; witness heard the order given ; the Captain sent for him and told him he was to walk on seven bells fur one hour and a half; does not know whether the plaintiff had refused to walk upon the main-deck or not ; the period for the plaintiff' to walk was afterwards extended to three hours ; he complain ed of such an order, and said it was unpleasant, as people ga.sed at him. Witness told Captain Hunn of these com plaints, and said if Mr. Hannaford did not think proper to hold up his head, he would send down the Master at Arms, who would compel him. Witness had informed Captain Hunn that the gun-room was exceedingly close and hot, and proposed that a screen cabin should be erected for Mr. Hannaford, which would be mote airy. Captain Hunn replied, that Mx. Hanna ford must pay for his folly or madness, cannot say exactly which, anti that he did not think the plaintiff was altogether of sane mind, but did not consult witness as to whether such was the case or not. Nothing was then said about his being released, but subsequently Captain El. said once or twice that he would not set the plaintiff at liberty without the order of the Commander.in-Chief. After they arrived at Rio, witness suggested the propriety of releasing the plaintiff, saying, that gentleman might become ill, and if such was the case, it might not be so well. The Captain said he would only do so by orders of the Commander-in-Chief; but when there was a survey held, if the medical gentlemen should think it requisite, he would then release him. The thermometer was from 81 to 86 in the day, and at night 80. Witness; has often been compelled to get out of bed and go into. the gun-room for air. Remembers some bedding being sent down below wet, but did not see it. After the 4th October the space the plaintiff was permitted to walk was more circumscribed, it being not more than three or four yards. He complained of this, and asked witness to mention it to Captain Hann, and also to state that the sail-makers were at work there. Captain H. told witness that the plaintiff ought to order them away. An officer when under arrest cannot give orders. About the time the plaintiff' was released front close arrest, he was ill with the bowel complaint; such complaints are common in warm climates; cannot therefore say it was brought on by the confinement. Cross-examined by Mr. Scanevrw—Most probably men tioned to Capt. Hunn that exercise was actually necessary for the plaintiff. Remembers plaintiff refusing to take orders from Mr. Kelly in the gun-room. Thinks it was about some stores. This was before either Of the arrests. Remembers one of the midshipmen coming into the gun-room, and delivering a mes sage respecting some money to the plaintiff, which was to be stowed away, and that the plaintiff was to tell the mate of the lower deck; this mate was one of the master's mates. Rather thinks there was a message in consequence of this, desiring the plaintiff's attendance on deck- Lieut. Ellis and Mr. Arden, Midshipman, corroborated the evidence of the last witness. The ATTORNEY-GENELAL then addressed the Jury for the defendant, and called their attention to the situation of the Captain of a King's ship, who was bound to check any appearance of mutiny and disrespect in his crew. Front the commencement of the voyage, Mr. Hannaford had shewn a desire to quarrel with his brother Officers.— Lieutenant Kelly had been left in charge of the ship when the Captain landed at Rio de Janeiro, and the plaintiff re fused to receive Mr. Kelly's orders. The next proof of dis obedience was a refusal to stow a quantity of specie which was received on board. 'rise Captain, on hearing the report of Lieut. Kelly, was desirous of making Mr. Hannaford slier sub mission; he ordered Lieutenant Kelly's complaint to be put in writing; he then sent for the plaintiff, and told him if he did not alter his conduct he should be obliged to represent him to the Commander-in-Chief; 'Mr: Hannaford said he stood well with the Board at home, and did not regard any representations. Captain Hunn, in the discharge of his duty, then thought it ne cessary to draw up the orders which had been read in Court. The plaintiff had no excusefor not signing them ; the plaintiff, instead of signing the orders, sent a letter to the Captain, writ ten with bad feeling, and the Captain put him under arrest. — His improper conduct to Lieutenant Kelly, and language used.' to the Captain in his cabin, constituted a charge proper for a COurt-martial ; the plaintiff was consequently put under close • arrest ; the Captain *owe time after released him, and it became necessary to confine him again. Having justified the conduct of the defendant, the Attorney- General called Lieutenant /icily, who stated, that the plaintiff signed the Captain's orders, when peremptorily ordered to do so, but protested at the saute time against three of these orders as being contrary to the service. The proceedings of the Court Martial which tried the plain tiff were also read. It appeared that the Court acquitted him on the charges of disobedience, because he had been ordered to do his duty and released from arrest. On other charges they ordered hint to be. reprimanded. It appeared also that the plaintiff wrote a letter to Admiral Eyre, to bring the defendant to a Court Martial, on a charge of wasting the King's stores, and of applying the same to his own use. The charge he did, not follow up. Mr. Bao GHA3I, in a most eloquent reply, contended that the defendant had made out no defence. The LORD CHIEF JUSTICE read over to the Jury all the pleas of justification, and left them to consider whether the plaintiff had been guilty of disobedience. If he had, the de fendant was justified in putting hint under arrest, and entitled to a verdict. _ The Learned Judge saw nothing disobedient in the letter written by the plaintiff to Captain Hunn, and with respect to the alteration of the log-book, it appeared a very -tri vial matter. The Jury retired front the box, and on their return found a verdict for the plaintiff—Damages 250 i. NORFOLK ISLAND.—The accounts from this re novated panal Settlement e are rather of an interesting description. His Majesty's cutter Mermaid, Captain Penson, arrived in the Cove from thence last week, after a stormy passage of 13 days. Considerable progress has already been made in arable cultiva tion. Six acres of wheat are in the ground, three acres and a half of maize. Potatoes, cabbages, peas, and other varie ties of vegetables, are planted, and every thing bears a very promising appearance. The surface of the whole Island was overspread with grass, four, five, and six feet high. Guava trees are in great abundance, as also orange and lemon trees. The coffee plants flourish most luxuriantly'. Some of them are seen bearing not less than four or five bushels of coffee. Pine trees, of a very fine size, are numerous.— The various animals have increased to a wonderful extent— such as pigs, fowls, pigeons, &c. The pigs are very large. Several of the prisoners, who are of the worst and most incorrigible class of offenders, were at first particular ly refractory. Captain Turton, however, ordered out the triangles as the most effectual recipe for the disorders, anti after having had a few dozens administered, found his prescrip tion operate tolerably well. He keeps the men hard at work from sunrise to sunset. A great Many of the buildings ' the walls of which were in a pretty good state , have been roofed in, and repaired. Public stores and barracks for the men, have been put in an efficient and habitable state.— Huts alto for the prisoners have been erected. The old lime-kiln has been rekindled. It was not in the least degree dilapidated. The old road from Cascade to Sydney, now called by Captain Turton, Kingston, is put into good tra velling order. In short, the effects of industry and hard labour have, within the short period that has elapsed since the landing of the company and the prisoners, re-adorned that garden of Eden, ‘‘ still where many a garden flower grows wild," and which many persons now resident here abandoned with regret and an aching heart. The cutter was kept constantly moving round the Island, seldom coming to an anchor. During the 6 weeks that she was there the south-west'gales plas i vailed almost inces santly. No ships ever hove in sight. It is supposed that the bad weather prevented whalers cruising about there. The finest sperm whalers are found in the greatest numbers. An immense number of fish of all kinds are found. around the island. The weather was experienced comfortably warm.--(Alistralia.) EXECUTION. — John Smith, who was found guilty of horse-stealing. at the Essex Assizes, was yesterday executed, according to his sentence. STIRLING, STIRLING, AND 110D;OLL. We stated on the 13th instant, the day on which this old and respectable Establishment deemed it expedient to suspend their pa ythents, that we had GOOD AUTHORITY for rAying that, On the arrangement of their affairs, all their-c-&toiners would be paid their full balances. The t*,,H o wing Circular, which the firm yesterday i,stied, justi 'fies our assertion, and the promptness with which they investigated their accounts, ana commu nicated the favourable result to the to sufferers by their failure, entitles them not Only to the approbation of the parties immedi.itely af fected, but to public respect, and we have no doubt that they will be able to resume their bu,i fleas with the entire confidence of all their former customers, and that the long-tried credit of the Establishment will be fully reinstated : (CIRCULAR.) SlR,—Although the recent general embarrassment of Money Concerns compelled us to suspend our Payments, yet, after a most careful investigation of our accounts, it affords us the greatest gratification to be able to assure you that we possess Assets to an amount considerably more than sufficient to satisfy, in full, every demand against us. We shall, of course, use every ex ertion to accomplish that object with the least possible delay ; and as the best proof we can offer that such is our intention, we beg to inform you that on Monday, the 23d of January next, we shall be prepared to pay you one-third of the Amount of your Claim upon us. We regret that we cannot at present make a larger Payment, considerable part of our Assets not being immediately availa ble; but, with a view to convince you of the integrity of our, intentions, we propose that the remainder of the Demand shall bear Interest at 4 per cent, from the Ist of January next, and we anticipate, with much pleasure, that we shall, within a very moderate space of time, make a further Payment, and shortly afterwards discharge every Claim against us. We return our best thanks for your kind forbearance towards us, and remain Your much obliged Servants, STIRLING, STIRLING and HODSOLL. strand, Dee. 23, 18'25. TILE LATE EMPEROR OF RUSSIA. (From the Courier Francais.) PARIS, DEC. 20.—A bout a year ago it was re ported that an important interview had taken place between the Emperor ALEXANDER and his brother CONSTANTINE. The latter had long since declared himself in favour of the Greeks, and thonght the Russian armies ought to march to Constanti nople : he had just urged his brother to renounce his uncertain policy, and take a part. The conversation was warm: Con stantine maintained that Alexander suffered the fairest oppor tunity to escape hint that had yet offered, to make himself master of the Bosphorus. lie reproached him with abandon ing the national policy, and sacrificing the interest of Russia to the self-gratificatiOn of being the chief of the confederation of kings. Those reproaches hurt Alexander. Constantine added, that as heir to the throne, he had a eight to see to the political direction of the Government. It was then, it is said, that Alexander put him in mind that his marriage might endanger his right to the succession. This family dispute was not known at the time to any but diplomatists of the first rank. However, the secret was not so well kept but that it transpired, and it was spoken of eight or ten months ago. But in matters of this kind there is nothing positive or proved. What is certain is, that it has since been remarked, that Alexander sought to attach to himself the members of the directing Senate., lie seldom refused them a favour: all his conduct announced the intention of acquiring among them a powerful and devoted party : people talked se cretly of a ukase which was to be presented to the Senate, and by which the succession to the throne would be secured to the Grand Duke Nicholas : lastly, it was recollected that the Em peror had always shown the greatest affection to the latter, and that he had taken care to have him brought up in the princi ples of his policy. These facts had been long circulated in Germany, where they gave rise to many conjectures. This is the cause of the greet impression produced in that cotintry by the denomina tion of heir to the throne given to the Grand Duke Nicholas.— It was considered as a consequence of the misunderstanding supposed to exist between Alexander and Constantine. But these random conjectures must now give way to more interest ing conjectures on the probable direction of the European policy. There is its the character of Constantine much activity ; he is fond of war ; he has a powerful party in the army, but he has little popularity. It is thought that the project which chiefly occupies his thoughts is to march to Constantinople, and his principal motive is, that his name is Constantine. But the impatience of a Prince placed at the head of the armies must be modified amidst the cares of an incipient reign, and the difficulties inherent in the position of the new Emperor. The Porte cannot be ignorant of these dispositions. Far from retiring, its armies will fall back on Moldavia and Wa lachia. It will be a diversion in favourof the Greeks. CI ELEC [IONS. Tioa election of Common Councihnen in the different Wards closed yesterday. The follow ing is the state of the Poll FARRINGDON WITHOUT. Messrs. Reeves - 541 1 Messrs. Roberts Vale - - 497 Savage Crook - 483 Beckwith Tickner - 170. *Ranishaw Griffith - 466 i Galloway Butterworth - 453 1 *Harmer Blacket - 417 *Obbard Figgins - 446 *Bousfield Taylor - 433 *Jones Southgate - 426 *Charles The first sixteen were elected. - 423 - 420 - 415 - 405 - 404 - 404 - 386 - 363 - •.x.13 . 162 BIiIIOPSGATE. Messrs. Dep. Greenaway 262 Messrs. Windus Pesenck - 2CO Weston Si: W. Rawlins, 260 Dowler Bennet - 252 Phene. *Kenyon - 236 Stevens D.iy - 234 Stirtevant Duddel - 225 Hoare Glover - 222 The first !'curt, en were elected. ALDERSGA - 139 1 - 130 1 - 128 - 125 - 124 The first eigh, Messrs. 111atthews Fisher Forrest Walton. Paxton TE WARD. .Messrs. Larkin Diggini Lloyd *Alottram °flume t were elected. coLENIANT•TgEET WARD. Messrs.*Hunter - 147 Messrs. Blendun West (Deputy) 135- Allen Carter - 133 *Griffiths 'Hale - 109 *Jones The first six were elected. - 102 BREA D-STREET. :Meyers. Mathie - 48 .Means. Hallam . Burra - 47 Copc - - Bridge - 46 *Frith - Coleman - 46 *Scott - - Legg - - 46 *Hooper - Dc Graive - 46 *Lawrence - Davidson - 46 *Shoobridge - The first twelve were elected. .... In the Tower "tt ard Mr. Ilartshorne, the new Candidate, re signed, and the other twelve were elected. Walbrook Ryde, an original Member, resigtuvi, 'and the others were elected. 'lilt: COMET.—The trial of the Master and Pilot of the Comet, before the High Court of Admiralty, com menced yesterday, and after an investigation, which lasted till four o'clock this morning, the Jury were inclosed to consider their verdict, and the Court adjourned till this day at two .'clock, when it will be received.—( Edinburgh Cuurant, Dec. 22.)—The particulars of the melancholy loss of the Comet have already appeared. in THE Sur, TO CORRESPONDENTS. ME COAL TRADE.—AIgus on Monday.—We are obliged to . COnIMCTOR from the Banks of the Tyne, and shall rec ede his communications with thanks. PRICE O STOCKS TIIIS Bank Stock 3 per Cent. Red BOlO 3 per ('ent. Cons. • 3A per Cent. Ditto Red. 4 per ('ent. New Bank Long Ann. l9 India Stock Ditto Bonds l. 18 7 dis. South Sea Stock PRICES OF rotzEtaN Fl Austrian lids, 5 per cent 90 Brazilian Bds 1825 ..... - -- Scrip Buenos Ayres Bds Bds, 6 per cent — Colom Bds ds Do. do. 1324 Oanish. 6 per cent. Do. 1825 Greek 13ds Do. 1825 Ouatimala Mexican Bds 52 Do. 1823 I)4Y AT ONE o'cLocit• Old Annuities ............ 7I New Ditto . . .............. Bills 10001. lid. 21 2 dig. Ditto.soo/. 1id.... 10 die. Par Ditto Small 1 - Ad. ... 5 dis. par Ditto Advertised ..... . ...... -- Bankfor Acct. ............... India for Acct. ............... Cons. for Acct. ... 81 i 2 112 NDS AT ONE o'CLOCK• Mexican Scrip ............... Neapolitan, 5 per cent. ..• Neapolitan do. 1824......... --- Peruvian Bonds ......... 40 Do. Scrip .................. Portuguese Bonds ......... Prussian, 5 per cent. ••• 88 9 Ditto New .................. Russian. New, 5 p.ct. Spanish 1821, 5 per ct. "* 1823 ............... French Rentes,s p. e. Exchange ... "1 - 3 per cent. Exchange ... Puices OF snauEs AT ONE O'CLOCK. Per Shafei Chilian Mining Company .................................... 11 Colombian Mining'Company - li Haytian Mining Company l6 15f New United Mexican Mining Company Droitwich Patent Salt company Provincial Bank of Ireland • FOLtEIGN 1k1A11.5. Guernsey and Jersey Lisbon Gottenburgh Malta ARRIVED. DV° . Hl(i II WATER A T LOSDON BRIDGE TO-11ORR o, Nit,rning, 3 minute% after 2. T Evening, 28 ninttL THE S FiT N. SOLEM QUIS DitERE FALSUAI 4UDE4T LONDON SATURDAY _EVENING, DECEMBER Paris Papers of Tuesday received this dt l f have brought us some accounts from Greece way of Zante and Trieste. These accounts oil be found subjoined. They give no better oe o from the theatre of war than has been hitheri° received, but we are reluctantly compelled ° h say that they require confirmation. The Fr e-c Chambers have been convoked to meet on Ike .• 31 s t January next. The French Funds were onThursday at tbree o'clock as follows - : • For the end of the month. Five per Cent. Three per Cent. 94 f. 80 c. 62 f. 10 c. " ZANTE, ICOI.- 11," • " Karaiskaki and Jakata have marched against OA c0.,_1 which occupies Karrasam, whon they attacked andcorol!,4: defeated, and killed 700 men. Kasaiskaki took the c* occupied it, but was soon obliged to quit it for want ofprov isl 7; This chieftain also took, on the road to Jilissolonghi , of Redschid Paella, consisting of 100 camels, 200 hovel mules, escorted by no men, of whom all were slain 0 00 o f —(Greek Chronide.)—We have received the confirmation the raising of the seige of Missolongbi. vv p an ", DEC.' " When we recollect the nature of the country that the $113 ; peror Alexander visited, we shall not be astonished at tie illness which terminated his life, and which according tout, best reports, was occasioned by a bilious and putrid fe:ii The sea of. Asof, very justly called. the Palur 3 1.119b1 ;0, in several parts an infectious marsh spreading the 0 1 °. and fogs, far and near.. The Emperor, on ente rin g the Cr a; . was compelled to go for a great distance along the arm of • vi lo called the " Putrid Sea," the perpetual res idence -f °- the ! 1 fevers. Some days before his journey to the Cri mea, perot Alexander had visited the country of the Cosr` ad i and particularly Tckerkesk, a town situatedin an immensemu e%P e " marsh, in passing through which many travellers have in tile rienced attacks of dangerous fevers. Besides, the wee r ' 0 01 greater part of these countries are hard and brackish, and yo that the inhabitants suffermuch from drinking therm. In c° o a himself to all these dangers described in the voyages Sujef, the Emperor contracted the disease of which he di : "By an Ordinance Of the 11th December the King c ' f ; 5 0 - has granted the widow of the Baron d'Eroles annn,,Bfevert sion of 8,000 reals (2,000 francs), a moiety of which vii" . to her children in equal parts. . or ev e • " The Madrid gazette contains in its official Par t A o es tions relative to the subdivision and recovery of 11l ni"" reals, known under the name of Subsidies qf Commersea Std " A letter from Grenada, an English Colony, un der ja s nt 4rl October last, says—Our ports will be open the Ist ot, nations' next, according to the new commercial treaties , to t u t " - relts c " we hope, therefore, to procure all we vent with . 4, ye facility. I believe also that the French Colonies if"' a active in their commerce with St. Domingo. vs ca d pe " They write from Madrid that the high price Of by of Palasei, excited a great fermentation in the quarters inha bit bake °. lower classes ; large crowds surrounded the doors of the 0 0 On Dec. 11. there was another disturbance, but t i ll fic elt° remained firm, and calm was re-established. It is w t h s t Of t' l conceive the reason for the high price of bread, seeing.`nated is very cheap. The Consultative Junta had terr n '''„ pre labours on the 10th, and submitted to the Government - for the suppression of the Juntas of purification. clif ido s c " It is reported that the proceedings aga inst the JP implicated in the conspiracy of Bessieres is t o be caro rie. re o be it!fi the Couacil of Castile. It is added , tha t those whub exiled, and against whom no judicial 'cha r g e is bro be recalled. ' " The last letters from Corfu of the 2 3 d November? eels6llll'''. the intelligence of the arrival of the Turkish Fleet be,?iicli 1 g o d solonghi ; but they make no mention of the repor t " ,adisb t prevailed, of the Commissioners of Government cstid, there having fled to Zante. The same letters sl ore; three European transports, in which were sev e A % families that Ibrahim was sending to Aleonlie e s r; been taken, and carried to Hydra by the Greeks . br etilt tains who thus infamously treated their Christian t ~eft•ecti!li, ought to be put to death. Ibrahim appear s desirous e' iile Cln i to his plan of supplying, by means of the EgyP tn'°"' la nce 1 tiara population of the Morea, who are to be crane of Hof Egypt. vem% l el ey th w at ri a t s e the death of the Emperor Alexander, Prince Virillianto sia, son of the King, set out for St, l?eterriburgli,t° P soonfrom aßsetrillien,Cuonudrterretheeeivdedatetiolef tihnetleflietpcerti: spects to the Emperor Constantine." be rn The Allgeeine Zeitunw of the 17th Peerizil ~c 1 received this day, affords only the subjel- e re l-g sce' r paragraph, referring to transactio ns in 10or, o b f e m se is e s t o l i f o r n ot:: , i tliisisexalc,ceocutentti; tbbuatt tit: i render will der tios