The Sun. — London, England, 1827-04-25 00:00:00

LAW IN TELLIGENCE. -(THIS DAY.) COURT OF CHANCERY. IN TDE MATTER 07 LORD PORTSMOUTH, A LUNATIC. This matter occupied the attention of the Lord Chancellor, for nearly two hours this morning. It earoa befor e him upon a petition, which stated the 4 t t ate of th e l unatic ' s property and the debts upon it, o be thus :—His income was 14,0001, a - year; the allowance for his maintenance, and the support d o f his establishment was 8,0001. a-year; there were ebts d ue from his Lordship, incurred between the toe of his return from Edinburgh and the appoint cot of t h e comm i ttee to the amount of t other de'. is unpaid, 16,000/ • the pc ti °ter s costs under the commission amounted to 19 ,000/., and the costs due to the solicitors who conducted the defence to the issuing of the commis sion was 2,5001., in addition to 2,500/, they had' already been paid. And the petition prayed a re ference to the Master, to inquire and report to the C ourt how a sum could be raised out of the pro- Petty of the lunatic to pay those costs. His LORDSHIP inquired if those costs had been taxed ? is Couns e l stated, that the lesser bill (Messrs. ahner and France's) had, but that the bill for ,the 19 ,000/. had not, though the Master had looked at the items, and reported, that such a s um might safely be paid. It appeared also from the petition, that by the sale of part of the property; consisting of an annuity of 4,0001. a year, for the of the• lunatic, the sum of 28,0001. might he Iti !ed; that 8,0001. might be raised by the renewal of °nes • that a d e b t d ue f rom M r . Ald er o f 15,00/. could be recovered; that 12001. was in the hands of 1. Robins, and 2,000/. in the hands of the Trustees. It appeared , i n the end, that the sum said to be im mediately c h argea b le on t h e property was 43,0001. and a fr act i on, and that that which might be raised to pay the sum off was 40,0001. and a fraction. In th e 1 90004 due to Messrs. Kerslake and Co. th ere seemed to b e c h arges f or carry i ng on the proceedings in the Ecclesiastical Court, Which was sought to be paid off puri passu With the creditors, and the costs that had been in curred under the Commission. This was objected to. M r . Horne contended that the creditors and the costs of the Commission ought to be paid in prefe rence to any thinz going tow ar d s t h e expences of the Proceedings in" Doctors Commons. HiS LORD SHIP cou ld not call upon the creditors to elm aent to any thi ng. Th ey had a right to call for the PaYment of their demands if they thought proper; and under the circumstance& here, the only order he Irould make was, to refer it to the master to adver tise for creditors to come in, and then to enquire what arrangement could be suggested for the pay ment of all claims which the creditors would con tent to. This sort of reference did 'not seem very acceptable to the petitioners, and therefore his Lord ship Was asked if he would dismiss the petition. His LORDSHIP observed, as far as I am concerned, th e Petitioner is completely dismissed, for I am dis 4'issed.---(Laughter.) The petition may stand over if the parties like. Mr. JUD GME.NT S. Ch SUGDE N stated; ae case of Richards v. aniber ss stood o n ly f or rep l y , an d t h at as a ll port es unies wer e very anx i ous, he should have the op -14-1.,,tY of making, th a t re ply, w hi c h s h ou ld b e --1 1 ,*burt, be had to entreat to have the opportunity. s LOR DSHIP said, he should sit here again on I tY, and s h ou ld be happy to hear the reply. I,,,n'tr• HART add e d, th at t h e part i es i n t hi s case i tn . t tict be glad to t a k e th e j u d gment w h enever i t ghitt !be convenient-to his Lordship to give it. • SIJGDEN corroborated this statement. 1 . 1 414 LORDSHIP observed—Then I will do that t 3* * I cannot expect Counsel to consent for par uAlel„) nor can expect that all the parties themselves 'ki.consent to the mode I have suggested of giving - p ll4 rt; rae nta; but all I mean to say is, that all cases 4 d les may please to leave to me to dispose of in - f O 4-6m ent, after I leave this (for it will be impossible rn t ,Me to get through all in the short time I can re •talo here), I shall not only be happy, but consider 1 0 ,, 4 1 duty, to do so ; and it will be a great R -lenience 'to me, if parties will have the - i ° l l"ness to intimate to me in what cases they si t p thus consent. Mr. A gar , I b e li eve, propose d to u a statute of limitations, th a t I s h ou ld g i ve a ll Lfl u dgments before Michaelma s T erm nex t.— o ghter.)—Now, I think that very fair, but I will hi ll . le re, for I will undertake to do nothing till I thee gon e t h rough all the cases the part i es may have ha, g o odness to leave to me to dispose of ; and I vd / i : e l oo doubt, f rom l oo ki ng at my b un dl e o f papers, pretty large, that I shall be able to ge t e t .,... aa R 1 1 the whole in three weeks or a month. It 7 441 7 will be a vast convenience to me, if the wlll will let me know, by note, what cases they leave to me to dispose of. e li e • s UGDEN said he wou ld commun i cate w i t h hi s I .. at s, and l et hi s Lordship know the result. es °II. ' REALD w as surpr i se d t h at part i es h a d not -Me ex f orward with more activity than they had, to o f t t r ess th e i r f eelings on this point, considering how sl i i h n the Proposition had been reiterated by his Lord e • For hi s own part, he could only say that but that For had spo k en to h i m on t h e su bj ect, an d that Gentleman objected to the proposition. 1 , 114 1 i8 LO RD IIIIP--DOnt let it be understood that I m ay l hav e any unpleasant feelings towards such as in 1 refuse to leave their cases to me to dispose of thi n : W ay I have suggested, for very probably sombee hear?' ma y have fallen from me by the course of t bettergs, that might make A. think I liked B.'s case not hthari h; Ids, and therefore, very naturally A. may shouldl e se to leave that case to me to dispose of; bu t i„, object to it myself, if I were in A.'s place; gi ve : t r uolle cases in which no intimation has been to t i t . °I my i ntercession, I shall be greatly obliged repeatedlye parties to or. me know what I have now so asked for. t.onDsH lP 7 °Ras v - azsizas a , V. LORD MANSFIELD. Isismea nt to having been informed that Counsel sa to dispose of e it on Friday. y no mo r in this matter, promised finally His LottnLittp,7l" THWAITES. he had a l ready don e read over the papers (though then state to the Couns "' el I'o7 wh at occurred to him on repeat e dly) aga i n , and all th e different singular what that had taken place i n Proceedings the case. Ile hop e d never to see or hear His of su c h another case. Lo_ausuip's tim e was principally occupied a hearing Lunatic Matters, with a few other thin i gs Ivhich he made orders, or gave directions in. He s it again on Friday, when he will hear a short Petition in Wellesley v. Duke of Beaufort. ---_-_,„ VICE-CHANCELLORS COURT. JUDGMENT. 144 8115. CHAMBERS' BANKRUPTCY—Ex-raars CFIAmBERg IN THE MATTER. OF CHAUDERS. Il* VICE- CHANCELLOR gave lodgment this tn or 1,, C o l i p Upon t his . p:titiol()_rr several days during the late sittings. The alleg e, " S I said his - Honour, among other things mis s i on a s objections to the v alidity of the Corn- Part as ' that there was no s uch trading on their Initt would support it, and that they had corn.. b . ed n n act ' Bankruptcy. o jeeri,, ofThe first of these th e vns is foundied upon the construction which Thi,tet.itioners gave to the new Bankruptcy solemnly argo Poi of construction I find has been sole ther e f or ed in the Court of Common Pleas. I would it, e ve not think it fit to express my n If it were material in this case; but it is u riee,,, ar opinion . o n n . th e b an k ' . that I should, in deciding the merits of consi,upts' petition, take that question into my charnvieration, for it is clear that the Messrs. meet, °lves;e,Wchaenyitnhgey signed the deed of arrange andon the business of bankers, wer e '' nuf act also enga ge d as partners in the ma ifure of the cement with a Mr. White ; so that there deed put an end to the trading as bankers, still remained the ether business, which the deed did not affect, and which continued after its ' i ecuti c 3 n, to be carried on for the joint benefit of the ree partners. But (continued his Honour) the deed of arrangement is not, in my opinion, an assignment of any property whatever. The creditors merely acquire by it the additional security of having the business of the petitioners managed under the superintend ance of a Committee. I am, therefore, clearly of opinion, that there was a continued trading on the part of the Messrs. Chambers; and I am also bound to decide, that the evidence justifies me in saying that they had committed acts of bankruptcy. The next objection to the Commission is, that there was no sufficient petitioning creditor's debt, and this objection is founded upon a provision in the deed of arrangement, which declares, that in case the Messrs. Chambers shall, during the continuance of their let ter of licence, be persecuted, prosecuted, or mo lested, by any of the creditors signing the deed, the debt of such creditor shall be thereby for feited. A'Becket, the petitioning creditor, was an executing party to the deed, and it is charged against him, that he, as attorney to several credi tors of the petitioner's estate, caused them to be seized and arrested, and it is therefore contended, that he has forfeited his own debt. lam of opinion that his debt could not be forfeited by any acts of his as an attorney, and that the proceedings con ducted by him against the petitioners, must not be considered as the acts of A'Becket, but of the creditors by whom he was employed; if, however, the bankrupts think that I have come to an erroneous conclusion upon these or upon any other points in the case, they have it in their power to go into a Court of Law. Another objection, said his Honour, is, that the petitioning creditor, in suing out the Commission, did not consult the general benefit of the creditors, or the due administration of the estates of the bankrupts, but that on the contrary, he had acted fraudulently, and in collusion with the Committee of Manage ment and Mayhew their Solicitor; and that, there fore, the Commission must not be considered as the commission of A'Becket, but of the Committee and Mayhew. What the effect of this collusion would be,ifproved, lam not called on to say, as there appears to be no evidence which can establish any such charge against these gentlemen. The petitioners also say that the Commission was not sued out for the fair administration of their goods, and they contend that even if it were fairly issued it must be invalid, inasmuch as their letter of licence was in force when the docket was struck against them. This objec tion, if worth ail-thing, comes rather too late, for if the wish of the Messrs. Chambers be that their property should have continued to be managed by the Com mittee, I rather think that such a desire (if, in deed, the petitioners ever entertained it) must have been defeated by their quiet submission to the Com mission for nearly a year. The bankrupts next in sist that the letter of licence, if revoked at all, ought, according to the terms of the deed, to have been re voked within the two months next after the execu tion. They further contend, that the revocation was not justified by the facts that it was fraudulent, inas much as the petitioners, on the day previous to the revocation, had been prevailed on by the Committee to execute a lease of the Opera-house to Mr. Ebers; and, finally, the petitioners say' that five out of the seven Committee-men who signed the revocation were not duly elected. With respect to this last objection, said his Honour, I find that these five gentlemen had been for a consi derable time recognised by the Messrs. Chambers themselves, and that they had in every instance acted as if they were elected in due form. But it does not appear that these objections were known to A‘Becket, the petitioning creditor, who proceeded upon the revocation of the letter of licence, without, of course, enquiring into the circumstances attending it. At the same time, observed his Honour, it is but justice to the Committee to say, that the con duct of the Messrs. Chambers, formed a sufficient ground for the revocation, and that the Committee had not been guilty of fraud in so procuring the ex ecution of the lease to Mr. Ebers, for it was intimated to the elder Mr. Chambers, that the revocation of the letter of licence, was delayed for the sole purpose of enabling them to come to some final and satis factory arrangement with Mr. Ebers. His HONOUR, after going through the evidence as it bore on the conduct of Messrs. Mayhew and Hazlewood, and adverting to that part of the peti tion which prayed that Mayhew might be dischar ged from the agency to the Commission, and that Hazlewood be restrained, by the order of the Court, from continuing to act as solit.,or to the assignees, —said he was clearly of opinion that the petition ought to be wholly dismissed. The assignees, ob served kis Honour, are brought here by the bank rupts, and I am, therefore, bound to decide that their costs must be paid out of the bankrupts' estate. As to the costs of the members of the Committee, and of Messrs. Mayhew and Hazlewood, I will direct that they be paid by the petitioners them selves, and the costs of A'Becket must, I am of opinion, be paid out of the estate. COURT OF KING'S BENCH. LIBEL. HARNETT V. THWAITES. Mr. BROUGHAM opened the pleadings. Mr. SCARLETT then stated the case. This was an action, brought by the plaintiff, an attorney of the Court of King's Bench, against the defendant, who was proprietor of the Morning Herald Newspaper. The Learned Counsel said, that the object of the plaintiff was to defend his character from the dark insinuations of some secret enemy, and to replace himself in the same situation amongst his friends as he stood in prior to the publication of the malignant libel in question. The present case arose out of a Police Report, and it was to be desired that the publication of such reports should not be the result of malicious intentioas of casting scurrility upon private individuals. Such he believed would be found to be the case in the present in stance. The Jury would recollect that some time ago a person named Muirhead was charged with a certain offence, and the boy making the charge was held to bail to prosecute. Some few days after wards a letter was sent to the master of the boy making the said charge, offering if he would get the boy out of the way, to give him 80/., the amount of the boy's recognizances, and, more over, a bonus of 500/. besides. This letter was dated from No. 29, Northumberland-street, the residence of Mr. Harnett. A friend of Mr. Harnett's, a Colonel in the army, wrote to that gen tleman, enclosing a copy of the Morning Herald, and expressing his surprise that such a letter should come from his office. The letter was signed Evans, and there was a person of that name living in that street, but neither he nor Mr. Harnett knew any thing at all of Muirhead, or of the charge against him. Mr. Harnett went immediately to the Police office, and asked to see the letter which had been placed in the hands of the Magistrate by the boy's master. The Magistrates refused to show him the letter, so convinced were they that he was the author of the letter, until he wrote his name upon paper, and allowed them to compare the writing with that of the letter. There was one thing important, which was, that Mr. Bourke, the reporter, who originally reported the case, was intimate with Mr. Harnett, and therefore he h m e u w st a h s a g v i e ving known reported when he the case, th a t the residence of Mr. Harnett. Mr. Bourk e had brought actions against the Newspapers, for stating that he was the author of certain letters, and upon those actions being brought to trial, ver dicts were had for the defendants. The present defendant, commenting on those actions in the Morning Herald, took occasion to state his opinion of their absurdity; and in answer to these comments Mr. Bourke addressed a letter to the Editor of the Morning Herald, defending himself for bringing the actions, again stating that he was not the author of the letters alluded to, and adding, that he could prove, that the present plaintiff (Mr. Harnett), was the writer of the letter. Under these circumstances, Mr. Harnett had no other course to pursue, but to bring the present action against Mr. Thwaites, which would afford the defendant an opportunity of justi fying the libel, by placing Bourke in the Witness's box. If he neglected to take advantage o f t hi s course, the atrocity of the libel would he manif es t, and th e Jury would give such damage., al would show the sense they entertained of the plaintiff's character. Edward Henry Harnett was called, to prove that the plaintiff was an attorney of the Court of King's Bench. Michael Fitzpatrick, chief clerk at the Police office, Marlborough -street, produced an information, sworn to by a person named Charles Burton Lane, and signed by Mr. Conant. This information stated, that a person, then unknown, had assaulted the ins formant, with intent to commit an unnatural offences' On the 25th of August, five days subsequent to the ;late of the information, a person named Muirhead, was brought up and identified by Lane as the person against whom he had laid the information on the 25th of August. Mr. Nodder produced the warrant of commitment against Muirhead, dated the 24th of August, and signed by Mr. Conant. James Emanuel Allen, clerk in the office of the Deputy Clerk of the Peace for Westminster, pro duced the recognizance of a person named Spilsbury, for the appearance of Charles B. Lane and J. Hod son, to prosecute Muirhead. Charles Spilsbury resides in Poland -street, and is master of Charles Burton Lane, an apprentice and minor. Received a letter through the Two penny Post, signed Josh. Evans, sen. The letter contained an offer of a bribe of 5001., if the witness would get his apprentice out of the way, to prevent his appearance at the trial of Muirhead. The letter from Bourke to the Editor of tho Morning Herald was then put in and read. It dis tinctly charged the plaintiff with having written the letter to Spilsbury. Michael Fitzpatrick recalled and cross-examined —Remembered Mr. Harnett coming to the Police Office to complain of the letter in the Morning Herald. The letter to Mr. Spilsbury was not read publicly in the Office, but privately by the Ma gistrate. Mr. ADOLPHUS, on the part of the defendant, ad mitted the proprietorship of the defendant, and also admitted the publication of the libel, and that it ap plied to the plaintiff. ' Mr. ADOLPHUS (with whom was Mr. TAYLOR) then addressed the Jury for the defendant. He could account for the plaintiff's having brought this action against Mr. Thwaites, instead of against Mr. Bourke, who was the acknowledged author of the libel, be cause the proprietor of a paper was likely to be a better mark for an action than a reporter. So far Mr. Harriett was well advised; but he must have known, and the Jury must be convinced, that ,the defendant could have had no personal or malicious motives by the insertion of the letter of Mr. Bourke. li The letter was inserted in fairness towards Mr. Bourke, and without any ill feeling towards any other person. It was insinuated that when the plaintiff wanted to contradict the libel which appeared against him, he was charged one pound for the insertion of the contradiction; but there had been no proof offered of such a circumstance, which would stamp Mr. Thwaites as a venal man; and no proof having been adduced, the Jury were bound to receive the insinuation as an unfounded calumny upon his cha racter. In fact there was not the semblance of malice on the part of the Editor of the Herald. He made no imputation himself on Mr. Harnett, but merely inserted the letter of Bourke, with Bourke's own name attached to it. Under these cir cumstances, the Jury were to consider whe ther this was a case in which any damages °tight to be awarded, but he was sure they would agree with him that, if any damages should be given against the defendant, whose only object was to do justice to an individual, the smallest sum would satisfy the justice of the case. Upon all questions of law the jury should be guided by the Learned Judge ; but upon questions of fact, as to the amount of damages, the jury should consult their own understandings, and confine their observations to the evidence. In conclusion, he would observe that, nothing was more injurious to the freedom of the press, in this country, than the practice which recently prevailed of bringing actions against the proprietors of newspapers, upon every trifling oc casion ; and when the jury considered the object of Mr. Harnett, who was looking out for a large bill of costs, he was sure be might leave the case to them with the fullest confidence, that their verdict would do justice between the parties. The defendant's Counsel having declined to exa mine any witness, The LORD CHIEF JUSTICE proceeded to sum up the evidence, and observed, that by the law of Eng land every man was accountable for that which he published. The defendant had published a letter imputing a very serious charge to the plaintiff, and it was for the Jury to consider what damages the plaintiff was entitled to, for the injury which his cha racter sustained by the publication. After consulting for a few minutes, the Jury re turned a verdict for the plaintiff.—Damages, 100/. COURT OF COMMON PLEAS. EAST LONDON WATER %I/Dims COMPANY V. BAILEY AND OTHERS. This was an action for breach of contract. Mr. Sergeant TADDY st a t e d t h e case. In February, 1821, the plaintiffs advert i i;e e d s, fo a r nd fro a rn ie l d o e , f o en o d o an t t o s 16,000 yards specification, w hi c h was agree d to. t y e a n r d d e s r c i f nm cast ter iron so f h w t at e e r p In September, 1824, a considerabl e quant i ty of the pipes having been previously furnished, th e d e f endants applied to the plaintiffs to grant indulgen ce for the completion of the remainder of the contract till Lady -day, 1825. The plaintiffs, on condition that 1500 yards should be furnished in November, as that quantity would be then required, granted the indulgence. But the defendants having ne glected to furnish the 1500 yards required, the plaintiffs, in February, 1825, insisted that they should be imme diately furnished, and the remainder at Lady-day. But the defendants refused to perform their part of the con tract, in consequence of which the plaintiffs were obliged to purchase them from others, whereby they lost upwards of 8001. Thomas Nelson Pickary, clerk to the plaintiffs, was then called, and produced the letters, proving the above state ment. It was with this witness the agreement was made. He ordered 9,600 yards to be furnished first. Mr. Samuel Parker, who furnished the remainder of the pipes, stated, that the price of iron had nearly doubled be tween February, 1824, and February, 1825. Mr. Sergeant Witnx, with whom was Mr. Evans, con tended for the defendants, that there was no evidence that the 16,000 yards were ever contracted for, and that in February 1825, when the price of iron Lad nearly doubled, the plaintiffs were not entitled to call for performance of the remainder of the contract. The CHIEF JUSTICE had no doubt that the defendant had engaged for the full 16,000. With the rise hi the price of iron, the plaintiffs had nothing to do, as the delay in performing the contract, was occasioned at the de-. fendants' own request. The Jury found for the plaintiff, for the full contract, re serving the damages to be ascertained by arbitrators. TIMBER FROM NORTH AMERICA. Amount of duty paid in the United Kingdom on timber, deals, and other articles of wood, im ported from the British Provinces in North America, in the year ended sth of January, 1825 218,117 14 1 1826 244,868 9 11 1827 241.015 12 10 Amount of duty which would have been re ceived on the same articles if they had been charged with the rates of duty payable on similar articles imported from the Baltic, in the year ended sth of January '1825 £1,444,140 16 0 1826 WM. IRVING, In i sp El' . 2 - 7 Gen. of Imports a l ed l9 E 6 :l 6 )ort i s. 1 Inspector-General's Office, Custom-house, London, March 28, 1827. His Majesty the King of Prussia, through his Excellency Baron Von Werther, his Majesty's Ambassador, and Baron Von Humboldt, has purchased the precious collection of Egyp tian antiquities belonging to .M. Passalacqua, who has stipulated that it shall not be packed up till the day after the opening of the mummy which makes part of the collection, which is to take place on Thursday next, in the great Am phitheatre of the Sorbonne. The amulets, or naments, papyri, and other valuable articles which may be , beneath th e co v er i ng , are part o f t h e collection, and are to be sent to Berlin. FASHIONABLE AND MISCELLANEOUS, The Duchess of Gloucester visited Hie MA JESTY yesterday. _ _ The Duke of Sussex has returned to his apartments in the King's Palace, Kensington, from Salt-hill. Mr. Canning was visited yesterday morning by the Right Hon. F. Robinson, Viscount Gran ville, and. Sir John Copley. Mr. Canning went, about three o'clock, to the King's Palace, St. James's, to have an audience with the KING, and remained about an hour with his MAJESTY. On his return Mr. Canning received the Duke of Devonshire. His Grace continued with the Minister about two hours, and, on leaving Mr. Canning, proceeded to the_residence of the Hon. J. Abercrombie, in Spring-gardens. Mr. Can ning afterwards received visits from the Right Hon. W. Huskisson, the Right Hon. C. Wynn, Viscount Granville, Lord Seaford, Lord Dud ley, and Mr. Herries. THE DUKE OF WELLINGTON.—The Duke of Wellington came to town on Monday morn ing from Leamington. His Grace transacted business- at the office of the Board of Ordnance in Pall-mall, on Monday afternoon ; the Mar quis of Anglesea met his Grace the re , wh en - th e Duke d e livered to his Lordship the official do cuments of the office. The Duke of Welling ton went to the office of the Commander-in- Chief in the Horse Guards yesterday afternoon, and transacted business with Sir Herbert Taylor for about two hours. - Sir Herbert Taylor held a levee yesterday morning at the Commander-in- Chief's office for the first time since the resigna tion of the Duke of Wellington, to whom Sir Herbert was Military Secretary. It was an nounced at the Horse Guards yesterday that the Duke of Wellington will hold a levee this day at the Commander-in-Chiefs office. The Earl of Harrowby and Mr. Wynn had interviews yesterday with the Right Hon. F. Robinson. Earl Bathurst transacted business on Monday at the office of the Secretary of State for Colo nial Affairs. The Marquis of Sligo transacted business yes terday at the office of the Secretary of State for Foreign Affairs. _o _ _ A 13oard of the Lords of the Treasury was held yesterday at the Treasury Chambers. The Right Hon. T. Wallace transacted busi ness yesterday at the Treasury. The Princess Lieven visited Mrs. Canning yesterday at her residence in Downing-street. LIBERAL CHURCHWARDENS.—in an ac• count just published of the receipts and expen. diture by the Churchwardens of the parish o' St. James, Clerkenwell, are the following items, under the latter head : .R. s. d. Expences--Swearing in Officers .. 6 5 0 Ditto, on perambulation of homeward boundaries 25 14 0 Ditto, Committee letting Cobham Estate (three journies) Paid Mr. Mills, writing vote of thanks to Mr Lovell Paid Mr. Clay, for framing and glazing ditto 5 5 0 These items will partly account for the Church wardens having expended, during the year ending 1826, the tring sum of 2,2341. 18s. WATER-PROOF SHOT.---PARIS, APRIL .22.—1 n consequence of the orders of the Mi nister of Marine, M. Lizovie made, to-day ; a new trial of the projectiles of his invention in the old Garden of Tivoli, and in the presence of a Commission, of which Col. Briche, Inspector of the Artillery, was President. These projectiles are three in number ; a 241 b. britlot, and two bombs, one weighing 81bs. the other 121bs. The metal of these projectiles, when heated, becomes malleable, and falls in drops. As for the com position of the charge, the substance swims on the water, resists its action, and acquires addi tional energy by plunging under it. This expe riment promises the most satisfactory results. Flannel was first used in Boston, as a dress next the skin, by Lord Percy's regiment, which was encamped on the common, in October, 1774. There was hardly flannel enough then in the whole town for that one regiment. Some time after Lord Percy had begun with flannel shirting, Sir Benjamin Thompson (Count Rumford) published a pamphlet in America, assuming to have discovered the utility of this practice. He might, perhaps, have suggested the use of it to Lord Percy. Flannel . has not been in general use till within some 30 years. MARSEILLES.-The history of Marseilles is full of interest. Its origin borders on romance. Six hundred years before the Christian era, a band of piratical adventurers from lonia, in Asia Minor, by dint of superior skill in navigation, pushed their discoveries to the mouth of the Rhone. Charmed with the white cliffs, green vales, blue waters, and bright skies, which they here found, they returned to their native country, and persuaded a colony to follow them to the barbarous shores of Gaul, bearing with them their religion, language, manners, and customs. On the very day of their arrival, so says tradiz tion, the ,daughter of the native chief was to choose a husband, and her affections were placed upon one of the leaders of the polished emigrants. The friendship of the aborigines was conciliated by marriage, and their rude manners were sof tened by the refinement of their new allies in war, their new associates in peace. In arts and arms the emigrants soon acquired the ascendancy, and the most musical of all the Greek dialects became the prevailing language of the colony.— American Paper. raFriday surprisedltheast a t town were rather handsome neatly decorated eight oared boat, or wherry, which had been that morning rowed over from Lynn, by nine young collegians of 'Trinity College, Cambridge. The boat excited much attention, being peculiarly calculated for cutting its way through the waves. It measured forty-two feet in length and only four in breadth. The " tight young watermen" were all dressed alike in blue jackets, striped trowsers, and straw hats, with green ribands. After taking some re- ' freshment, -and lounging through some of the principal streets of the town, they again embarked on board their " trim built wherry," and pro ceeded up the river Witham to Lincoln. The expertness and facility with which they plied at and feathered their oars, will be obvious from the fact, that they travelled the first mile, although rowing against a very powerful current, in about six minutes. From the rapidity of their pro gress, which certainly averaged nearly seven miles an hour, and their easy and elegant style, the task must have been scarcely more than agreeable. They excited much attention at Lincoln, from whence they again returned to this port yesterday morning. The project of crossing over from Lynn to Boston in so light and fragile a bark, was attended with a considerable degree of hazard. This morning between six and seven o'clock they left Boston for Wisbech,but in con sequence of the unfavourable and stormy weather they very : prudently returned again to this place between eight and nine.—Boston Gazette. SPORTING INTELLIGENCE. NEWMARKET FIRST SPRING MEETING, 1927. The Cup may be challenged for on the Monday in this Meeting, to be run for over the B. C. on Tuesday in the First October Meeting next, by horses, &c. the pr operty of Members of the Jockey Club ; four-yr.-olds ca trying 7st. 111 h. five, Bst. 81b. six, Sst. 131 b. and aged r 9st. Each gentleman at the time of challenging is to ( leliver to the Keeper of the Match-book a description of his horse, &c. sealed up, which is to be kept till six o 'clock on the Saturday evening, and if not then accepted, Ito be returned unopened ; but if accepted, or if more than• ona challenger, to be then opened and declared a Match. or Sweepstakes of 200 cove. each. Motmay,,Aram 30.-The Second Clarendon Stakes of 200 cove. each, 'n. ft. colts, Bst. 71b. fillies, Sot. Alb. D.M. Lord J. Fitzroy's c. Paramour, by Merlin-Parasol Mr. Wilson's c. by Filho da Puta-Gonsalvi's dam Mr. Hunter's f. by Orville-Canvas Lord Exeter's c. by Captain Candid-Augusta's dam Lord G. H. Cavendish's c. by Partisan-Pagoda Sweepstakes of 50 soya. each, h. ft. for colts, Bst. 71h. and fillies, Bst. 51b. T.Y.C. Mr. Molony's cb. c. Vivian Grey, by Anticipation Mr. Ramsbotton's ro. c. Prism, by Rainbow Mr. Prendergast's br. f. by Comus-Eliza Mr. Hunter's ch. f. Soubrette, by Gustavus-Sprightly, Gen. Grosvenor's ch. f. Spite, by Tiresias-Sprite Lord Wharncliffe's b. c. by Catton-Bistirpa Mr. Rogers's hi. c. Nonsuit, by Smolensko Mr. Rogers's b. f. Flounce, by Clinkerj-LadY Sarah Mr. Nowell's b. f. Souvenir, by Orville--Dulcamara Mr. Rush's ch. c. by Selim-Chintz Sweepstakes of 100 sovs. each, h. ft. colts, Bst. 51b. fil lies, Set. 21b. rising three years old. D.M. D. of Richmond's f. Gulnare, by Smolensko--Medora Lord Orford's c. by Rainbow-Miss Witch Mr. Prendergast's f. by Comus-Consul's dam Lord Warncliffe's f. by Filho da Puta-Calypso Match-R.M. 200, h. ft. - Lord Jersey's c. Mameluke, by Partisan, Bst. 71b. Lord Orford's f. by Merlin-Shoveler, Bst. 21b. Match-Clermont Course, 50 soya. Mr. L. Charlton's ch. c. Braganza, by Octaviuc, Bst.. 31b. M r . R. Wilson's bl. f. Emma, by Smolensko, Bst. Match-D.M. 200, h. ft. Bst. 51b. each. Duke of Grafton's Zoffani, by Woful-Zaida Lord Orford's c. by Merlin-Comical's dam Match--300, h. ft. (no Course mentioned). Duke of Grafton's Paul Jones, Set. 71b. Lord Anson's Noureddin, Set. 21b. IVUtch-D.M. 100, h. ft. Bst. 51b. each. Mr. Scott Stonehewer's Theorem, brother to Problem • Mr. Greville's c. by Waterloo-Orion's dam Match-D.M. 500, h. ft. Set. 51b. each. Mr.• Greville's Rachel Mr. Rush's Carthago Match-Last Three Miles of B.C. 200 sovs., h. ft. Colonel Wilson's Lamplighter, Bst. Sib. Mr. R. Wilson's Maldonia, Set. Tuasnai.-The King's Plate of 100 gs, for mares, three yr-olds; Sat. 41b. four, 9st. 41b. five, 9st. 101 b. six and aged, lOst. R. C. Fifty Pounds, by subscription, for four.yr.-olds; 7st. 91b. five, Sst. 31b. six and aged, Set. 71b. Last Three Miles of R. C. The 2000 gs. Stakes, a subscription of 100 sovs. each, h. ft. • colts, Set. 71b. fillies, Bst. 41b. rising three year , old. R.M. Lord Orford's ch. c. Protestant, by Tramp Lord G. H. Cavendish's ro. c. by Partisan-Espagnolle Lord Exeter's ch. c. Atticus, brother to Attica Lord Exeter's ch. c. brother to Fanatic Lord Jersey's ch. c. Apollo, brother to Nicoll) Lord Jersey's b. c. Chrysalis, by Orville-Filagree Duke of Grafton's b. c. Turcoman, by Selim Dake of Grafton's br. c. Latimer, by Merlin-Piquet Mr. Wyndham's b. c. Whalebone, by Octavius Mr. Gauntlett's b. c. Gamelius, by Whalebone Mr. H. Jones's b. c. Pandarus, by Whalebone Mr. Kirby's hi. c. Othello, by Blacklock-Scancataldi Mr. Chifney's b. c. by Whisker-Castrella Mr. Mockford's hr. c. by Smolensko-Sir Peter mare Mr. Mockford's h. f. Livonia, by Smolensko--Stella Mr. Yates's br. c. Fairlawn, by eomus-Manfred's dam Sweepstakes of 100 cove. each, h. ft. for colts, Set. 71b. and fillies, Bst. 31h. rising three years old. B.M. Mr. Payne's b. c. by Whalebone-Snowdrop Sir N. Loftus's c. Bachelor, by Irish Hollyhock Mr. Nowell's f. by Comus-Fair Helen Mr. Theakston's gr. c. by Quizzer-Gossamer Mr. Scaith's b. f. by Whalehone-Vignftte Sir J. Shelley's br. f. Slipslop, by Smolensko-Old Maid Sweepstakes of 100 sovs. each, h. ft. D.M. for colts, Set. 71b. and fillies, Sst. 41b. rising three years old. Mr. Haffenden's br. c. Pontiff, by Waxy Pope Gen. Grosvenor's b. c. Half-moon, by The Flyer Duke of Grafton's br. f. by Woful-Zeal Mr. Nowell's bl. or br. c. by Comus-Young Caprice Mr. Wilson's c. by Merlin-Comical's dam Sweepstakes of 100 soya. each, h. ft. for four-yr...olds. T.M.M. Lord Wharncliffe's Pastime, Set. 61b. Duke of Rutland's Adeliza, Set. 41b. Mr. Payne's Barytes, 7st. 121 b. Mr. Gully's Rigmarole, 7st. 121 b. Mr. Thornhill's br. f. Christabel, by Woful-Harriet, Sst. 21b. recd. 25 mom from Mr. Shard's bl. c. The Black Buck, by Buffalo-Enchantress, Bst. 51b. D.M. 100, h. ft. WEDNISDAT.-Fifty Pounds, by subscription, for three yrs, 7st. 51b. four, Bst. 111 b. and five, 9st. 41b. B.C. Sweepstakes of 200 cove. each, h. ft. D.M. colts, Bst. 71b. fillies, Sst. 21b. rising three years old. Mr. Nowell's f. by Rainbow—Brown Duchess Mr. L. Charlton's ch. c. Constantine, by Comus Mr. Payne's c. by Octavius--Amazon Mr. Greville's c. by Merlin—Gramarie Mr. Milner's f. Milicent, by Comus—sister to Woodcock Gen. Grosvenor's c. Braganza, by Octavius—Harriet Lord Orford's b. c. by Rainbow—Miss Witch Sweepstakes of 100 sovs. each, h. ft. for three-yr-olds. A.F. Lord Exeter's Tirailleur, Set. 101 b. Mr. Payne's Belzoni, Set. 81b. Lord Exeter's Hobgoblin, Bst. 71b. Lord Wharncliffe's Crusader, Bst. Mb. Mr. Mills's Panic, Bst. Mb. • Mr. W. Wyndham's Colleger, Bst. 31b. Mr. Forth's Shortwaist, Bst. Lord Anson's Heroine, 7st. 121 b. Colonel Yates's Garcia, 7st. 111 b. Mr. Gully's Truth, 7st. 91b. URSDAY.-The King's Plate of 100 gs, for four-yr-olds, list. five, list. 91b., six and aged, 12st. R. C. The 1000 gs. Stakes, a subscription of 100 cove. each, h. ft. for fillies, Bst. 41b. each. D.M. Lord G. H. Cavendish's, by Partisan—Barrosa Lord dd Exeter's,Exeters by by Wfui Soothsayer—Bess Phantona Mr. Batson's, by Partisan—Jessy Duke of Grafton's br. by Woful—Zeal Duke of Grafton's ch. Novice, by Selim—Rowen a Duke of Grafton's Monody, by Woful—Miltonia Mr. Rogers's Whimper, sister to Aline Sir J. Shelley's b. Scornful, by Woful—Scratch's dam Gen. Grosvenor's ch. Spite, by Tiresias—Sprite Mr. Greville's Miriam, by Whalebone--Moses' dam Mr. Wyndham's b. sister to Addy Mr. Petre's ch. sister to Hampden Mr. Mockford's b. Livonia, by Smolensko—Stella Sweepstakes of 100 sovs. each, h. ft. for three-yr-olds. Mr. Scott Stonehewer's Goshawk, Sit. 121 b. Lord Wharncliffe's The Dragon, Bst. 91b. Lord Exeter's Recruit, Sit. 41b. Mr. Payne's The General, Sit. 21b. Mr. Dilly's Maldonia, Bst. 21b. Mr. I. Sadler's Tears, Bst. Mr. Payne's c. by Ardrossan, 7st. 121 b. [The Appointments for Friday to-morrow. PEDESTRIANISM. Edward F. Holtaway, of Lynn, Norfolk, undertook to walk, on Good Friday, from London to Brighton, a dis tance of 54 miles, in twelve hours, he won cleverly, by ar riving at the Bricklayers' Arms, North-street, Brighton, within half an hour of the given time, including stop pages. Six to four were offered and taken against time. Not being accustomed to walking he bad his work to do. There was hatched on Sunday last, at Logic rait, a chicken with four feet. The claws, &c. were perfect in every respect ; the two four feet protruded from the breast, the other two were far back. It was full grown and the wings were perfectly formed, but much advanced on the neck. On this phenomenon making its appear ance, the wise women of the village were con sulted, who immediately pronounced against it a verdict of " Guilty of coming before something." Perth Courier. SKETCHES OF BRAZIL. RIO DE JANEIRO.—Rio is estimated to con tain 200,000 inhabitants, including slaves, which I have been informed are six to one freeman ; 10,000 are said to be imported here annually, which is, no doubt, a very moderate estimate, as four cargoes came in a day or two after our ar rival ; they are, of course, not all retained here, but shipped along the coast. They have a regu- - lar slave market in the city, where may be found negroes of all sizes. The streets here are all very narrow, few of them exceeding twenty feet, and most of them less ; this affords a partial pro tection from the sun, as there is generally a shade on one side or the other. The city in many parts bears the appearance of decay and neglect, more particularly as regards their chapels and convents, which are numerous. Many of their churches present a very grand appearance, being built of dark atone, which, in some in• stances, is left in its natural state, and in others rough-cast. The interior is generally hand somely ornamented with gold and silver, but the architectural part is very rude, and needs a gcod deal of ornament to screen its defects. The Emperor's Palace . is a very plain build ing with no deviation of style from the generality of private buildings in Rio ; it faces the water, and has an open space in front, and on one side, wilich is called Palace-square, and is the fashion able promenade in the cool of the evening, and the landing-place for all boats coming off from the vessels in the harbour ; there are no wharfs built out, but all vessels must lie in .the stream: It is quite an amusing sight to witness a hard shower in Rio, the houses being all covered with tile, caisses the water to run off very rapidly, and it is thrown by the spouts to about the middle of the street. The houses being very compactly built, there is no outlet for the water until it reaches the harbour ; so, in about ten minutes, there is not a stone to be seen in the street, all being compl e t e ly un d er water , so that, with a canoe, you could go to any part of the city. The lower class of persons trudge through the whole of it, up to their knees in water, in crossing the sti Let, and ancle-deep on the flag stones allotted for foot passengers. The street: Are all concave, and there is little or no diAinc tion between the foot-ways and carriage-ways, as they are so narrow they drive over them with their clumsy carriages and mules, without regard , ing the foot-passengers, who must keep a good look-out that they do not get run over. They are driven by postilions, wh o rid e a mu l e f as t ene d outside the shaft ; they are shaped pretty much like our old-fashioned chairs, but have four wheels. In walking throu g h t h e streets you are, almost at e v er y 'turn, disgusted with the sight of i'rom two to twelve negroes connected together with heavy chains, and compelled to carry kegs of water on their heads. '1 he larger droves are convicts, sentenced to labour for the convents, &c., during life ; the others are made to wear Lhem for the commission of some offence. All funerals take place here at night—the corpse is conveyed through the streets in an uncovered. hearse, and the body covered with a Mantle ; they are buried in the churches. Those of a higher order are deposited in niches in the wall, in which the body is placed and covered with lime pre viously t o b eing cemente d or c l ose d up. The body of the Empress was deposited in a large convent. I this morning accidentally saw one of their Sepulchres, as I bel:eve I have already mentioned they - have no burial - grounds. I was passing through a narrow alley, and in looking into a a large gate or door, which was standing open, I law what I took to be a beautiful little flower garden, so walked in, in company with one of our Portuguese passmigers; it was about forty feet square, open in the centre ; over the little garden of shrubs and flowers, which had at first attracted my attention, there was a marble pave• meat about eight feet wide, extending round the building ; the ceiling or roof appeared to be about ten feet high, with two rows of niches in the wall, in which the bodies were deposited without a coffin ; limo is thrown upon them to destroy them soon, and prevent any disagreeable smell ; we saw one or two which had just been closed up, and only saw one that was vacant. The Mongol, Hindoo, and Chinese Priests, zre of opinion that the blood of animals does not please the Gods, because they abhor destruction! CHRIST CHURCH, NEWGATE-STREET.--A ,election of sacred music was performed yester day at Christ Church, Newgate-street, in aid of the funds of the ward schools of Farringdon- Within. It was patronized by the Members for, the City of L on d on , an d we were much gratified at seeing a very numerous and highly respectable. auditory assembled on this benevolent occasion. COUNT VILLA FLOR.--LISBON, APRIL 7. —The Count has left his army on the frontiers ; Ind has been in Lisbon for the last four or five days. He is a youn g man,:apparently not abo ve thirty, has a good countenance, a soldie r -like bpruboulgichtnfreowms otfhethfreonletiasertsimfor appearance, and altogether an air of int e lli gence k b , eNe b no ut the gen era l b e li e f , w h atever y p ee. retend, is th a t a ll goes on we ll , and s unless Tartsome and n c i te i ahvihtas rebels are aided and abetted anew by Spain or some other European power; there is little probability that they can soon make an other attack. No plot, conspiracy, or attempt at conspiracy, has been discovered at Lisbon. The inhabitants remain quiet, and much less anxious about the fate of the Constitution than the people of London. Le Rol le Vent is the Constitutional formula ;-or the King's signifying his assent to any measure submitted for his approbation. A caricature has just been published, in illustration of this phrase, by Pores, at the corner of Sackville-street, Piccadilly, representing a Noble and Learned Lord being driven " out of Court" from coin's Inn Hal., a coup tie point and a coup de pied, by a lady belabouring him with a sceptre, until he drops the mace and bag in his flight, followed by her protc"ge, the Minister, bearing a cross or crucifix, " sub hoc signo vinces," followed by his Secretary, or moustachied Under-Secretary, with a pen (the insignia of his office) behind his ear, flinging an inkstand and its contents at the head of the fugitive Chancellor, with the emphatic exclamation of " Take that—and that—and that—Le Roi le vent, the King wills it ;" but the word " Roi " being struck out, her Ladyship vociferates, Je le veux (It's me that so wills it) ; whilst a high distinguished personage beholds the fracas from a garret window, apologisi ng , as it were, t o hi s faithful old servant, with " Necessitas non habet loges," (necessity has no laws). But the pur suers pay no attention. The Noble and Learned Lord ejaculates part of the speech of Cardinal Wolsey in Shakspeare's Henry the Eighth, " Had I but served my God with half the zeal . I have served my King, he would not have suf fered me to be turned out for supporting his cause."