The Sun. — London, England, 1853-03-22 00:00:00

ASSIZ 'ENCE. HOME CIRCUIT—KINGSTON, MARCH 21 CROWN COURT. (Before Mr. Justice Coleridge.) This morning having been appointed for the.h m trial of the four Frenchmen who were charged with arising out of a duel that took place in October t last at Egham, considerable interest appeared to be created in the proceeding, and the court was the usual hour for commencing business. A great num ber of Frenchmen were among the spectators, among them were M. Louis Blanc, together with a great many -- of the French refugees. At 10 o'clock the prisoners, Edmund Allain, 36, de scribed as a wine merchant ; Etienne Barronet, 46, not ary, Emanuel Barthelemy, 29 , engineer; a n d Phil i p pe Eugene Mornet, 42, labourer, were placed at th e b ar , an d the indictment which charged them with the wilful mur der of Frederick Cournet, was read over td" them. The prisoners all pleaded not guilty, and elected to be tried by a jury composed half of foreigners. An inter preter was sworn to explain th e ev id ence to t h em. - Mr. Locke and Mr. Knapp were counsel for the pro• secution ; Mr. M. Chambers, Q.C., defended Allain ; Mr. Parry and Mr. Ribton defended Barronet ; arid Mr. Ballantine and Mr. Needham were counsel for Barthe lemy and Mornet. The learned counsel, in opening the case for the pro secution said, that although th e p r i soners h a d exer cised their privilege of being tried by a jury partly composed of foreigners, yet he was satisfied that all the gentlemen who occupied the position of jurors, would be actuated solely by the desire to perform their duty, and to uphold the laW of the country in which they lived, and that they would decide the present case just the same as if four Englishmen were placed at the bar instead of four foreigners. He then proceeded to state that the prisoners were charged with having caused the death of one of their countrymen in a duel ; and he said that, by the law of England, the killing of a fellow creature under such circumstances was held to amount to murder, and, subject to the ruling of his lordship, the only question, as it appeared to him, the jury would have to decide was, whether the prisoners were proved to have been concerned in the duel ; and if they were, whether as principals or seconds, as they were commonly termed, their offence according to the law of England would amount to murder. If he should make out this fact to their satisfaction, it would be their duty not to shrink from returning a verdict of guilty ; the punishment that would follow such a verdict would, of Course, be left to other hands, and no doubt the clemency of the Crown would be extended to the utmost in such a case. The jury, however, had nothing to do with the result, and he was satisfied that they would return a verdict in accordance with the oath they had taken. The learned counsel then proceeded to state the facts of the case as they afterwards appeared in evidence, observ ing that the evidence would tend to show that Barthe lemy and the deceased were the two principals in the affair, that Allain and Barronet acted as the seconds to the deceased, and Mornet and another Frenchman named Brisson, who had made his escape, had acted in the same capacity for Barthelemy. He said that there was one circumstance in connection with the trans action which would lead to an inference that there had been some unfair play, which was that it appeared that only one pistol had been discharged, and upon the pistol used by the deceased being examined after the occurrence it was found to have a piece of rag in the barrel placed close to the breech so as to prevent the powder from ex ploding. He should not be able to prove by any evi dence how this rag got into the pistol, but it appeared quite clear that it could not have come there by accident, and it certainly appeared to be a very suspicious circum stance. He concluded by saying that he should lay all the facts before the jury, and when they had heard the evidence he should produce, and had heard from his lordship the law with regard to the subject, he felt as sured that they would perform the important duty that devolved upon them in a manner satisfactory to their own.conscience and to the country. The following evidence was then adduced :- 11. FranOis Pardigan said —I knew the deceased. I last saw him at a quarter to eight o'clock at the Water loo Railway station on the morning of the 18th of Octo ber. I saw him dead on the following morning at the Barley Mow at Englefleld-green. I know three of the prisoners—Barthelemy, Barronet, and Allain ; the two latter were with the deceased when I saw him at the railway station. I also saw a gentleman of the name of Brissot in company with the deceased on the morning of the 18th, and I heard the deceased ask him if he " ac cepted." The deceased asked me to accompany Allain and Brissot as an interpreter to hire a pair of duelling pistols. We went to two shops, but they refused to let pistols on hire. We asked for pistols that would fire with precision —shooting-school pistols. We went at last to a shooting-gallery in Leicester-square, and the pioprietor consented to let us have a pair of pistols on hire, and Allain and Brissot examined them. The owner of the pistols said that they had been used the same day, and they were not clean. M. Brissot took the pistols away with him, wrapped in brown paper, and they were taken to my lod g i ng , w h ere Allain and Brissot cleaned. them. Allain and Brissot each cleaned one of the pis tols, and I gave them a piece of white rag for the pur pose. I took the rag from a drawer myself. It was about the size of a pocket handkerchief. I gave them a large pencil uncut, and they used that to clean out the barrels of the pistols, after I had cut some notches in it with a penknife. They tied the pistol to a small walk ing -stick, and by this means they cleaned the barrels of the pistols ; and when they had finished, each of them blew down the barrel of the pistols and put their finger to the touch-hole, and then said it was well. As the rag became dirty they tore off a portion and threw it into the fireplace. After the pistols were cleaned they were placed in an envelope, and Allain and Brissot said it was necessary to seal them, and when they were wrapped up in paper thirteen seals were placed upon them, and they wrote on the paper, "Allain, thirteen seals—Brissot, thirt een seals. ' Allain th en put the seal into his pocket, and the parcel containing the pis tols was given to Brissot. I recognise the paper, and the seal now produced as the same made use of upon the occasion. By Mr. Chambers--I knew M. Barronet first during the Exhibition in 1851. I saw him very frequently at that time. I have always heard that he was a man of very good reputation and character, and a man of hon our and a gentleman. He also had the reputation of being a kind and humane man. From what I saw relating to the pistols, everything was done with perfect honour and integrity by both parties. Re-examined.—l never saw the pistols from the time I have mentioned until they were produced before the magistrates at Chertsey. Mr. 11. Hand said—On the 18th of October I was the proprietor of an exhibition in Leicester-square, called the Assault d'Arms. On the 18th of October I lent a pair of pistols to three foreigners, and I furnished them also with twenty-two bullets, about the same number of percussion caps, and some gunpowder in a flask. The pistols were afterwards returned to me, and I now pro duce them. 'When the pistols were hired, the parties said they wanted them for practice. I can only recog nise the last witness. Ido not know any of the priso ners. The pistols were not clean when the parties took them away, and I told them so. The pistols were brought back to me on the 19th of October, and I paid them back about 61. 15s. They had deposited Si. with me, and I de ducted 11. for the hire, and the remainder for the flask, which was not returned. I examined the pistol, and being told that one was lo a d e d, I put a cap upon it, and tried to fire it, but it would not eeplode. I tried it a second time, but still it would not go off; and I then un loaded it by unscrewing the breach of the pistol, and discovered a piece of rag between the powder and the nipple, which prevented the former from exploding. It was impossible to discharge the pistol while the piece of rag was at the bottom of the barrel. The witness produced the piece of rag he found in the pistol, and M. Pardigan said it was of the same descrip tion as that used by the prisoners Allain and Brissot to clean the pistols. M. Denis said—l keep a coffee-house in Old Comp ton-street, Soho. All the prisoners were in the habit of coming to my shop. On the 4th October I saw M. Bar thelemy there, and he inquired how my business went on, and I told him that M. Barronet, M. Cournet, (the deceased), and another gentleman boarded with me. He then said he had a letter he wanted me to give to M. Cournet and I gave him a sheet of paper and pens and ink. He began to write, and in a short time he said he could not complete it as he wished to look at one of the last,. letters of M. Cournet. I a s k e d hi m if he knew 13°111110 ., and he said he did not ; and I told him he was a fine robust man. M. Barthelemy then raised his arm as though in the act of levelling a pistol, and he said— "At this I don't fear the first comer." He then went away, and said that he should probaby return in about an hour or an hour and a-half. M. Barthelemy slept at my house on the night of the 18th of October, and he went g.out about a quarter past si x o ' c l oc k t h e next mornin By Mr. Ballantine---4 have t bie e n E fi ng ve years in Eng land, but I only speak a very ii of nay customers are English. lish. Very few and he known Cournet about seven or eight months, a htiel breakfasted and dined at my house, but did not slene n ob 7.u o t .c fi eo r b in e g r . 19 rarely came to my house. Aft er ta l: e there. Barthelemy tap _ arrival Bar thelemy I frequently' heard Cournet Jane Pettingall said—On the morni ng I went down to Windsor upon business o'clock train, in the morning. I was i n a Z ec t e h end tght carriage. The train arrived at Windsor about ni - n lass half-past nine o'clock. Three foreigners we re in the same carriage. Two of them were the Pr i soners Barthelemy and Mornet. They conversed togeth er in French during the journey. I understood what they said. The name of Cournet was mentioned, and I heard one of the gentleman say he would kick him and cane him to death, and I saw Barthelemy take his right hand out of his coat pocket and look at it, and say, "Je ne suis pas agit6e.' M. Mornet had a cloak on, but I ob served nothing particular about his appearance. Francis Farquharson said—l am a guide at Windsor. I was at the station on the arrival of the ten minutes past nine train on the morning of the 19th October, and I saw six gentlemen, who appeared to be foreigners, get out of the train. I believe the prisoners were some of the gentlemen I saw. I afterwards saw the dead body of a- man who was one of the same party. When the six foreigners got out of the train they walked up the street in two parties of three each. One party went ' into the Red Lion, and the other into the Adam and Eve. I followed them, in the expectation of getting a job. The two parties came out of the houses I first saw t rit h e e n 'il t, go into, and went to two other houses of entertain tl.l.l they soon afterwards came out together, and all the SIX walked away i two towards Eagle field -green, On thteo .E2.l.poeafternoon three of the gentle men came backmoro Windsor. Idsor. Two of the prisoners (Barronet and know any of the others. recognise,• but Id o no t toodo e o se three l g o e b n s t e l away by the t ra i n for rvemedellbewfoenret they started that the prisoner Morn et had something like an umbrella wrapped up in his cloak. Margaret Perkins—My husband is a labouring man at Egham. On the morning of the :19th October I was going across the Englefield-green about twelve o'clock, and when I came to a place called Priest's-hill I saw six gentlemen, who were apparently foreigners, standing together. They then all came out into the main road, and, after they had taked together a short time, they went towards Priest's-hill. The four prisoners were of the party, and the deceased also was among them. Two of the party went into a field, and I heard a whistle, and the rest of the gentlemen joined them in the field, and I observed them cross another field, and then I saw nothing more of them. I saw the deceased soon after wards at the Barley Mow, and I recognised him as one of the party. William Herbert said—l am a labourer, and reside at Barham, in Berks. On the 19th October I was in the neighbourhood of Englefield-green, near Priest's-hill, when I heard several foreigners talking in a meadow, and I stopped to listen, and in about five minutes I heard the report of a firearm. I only heard one report, and then a man halloed, and I saw a man come up the hedge into the road.. I cannot recog nise either of the prisoners as that man. A medical gentleman named Hayward came up, and I accom panied him and one of the foreigners into the second meadow, where I saw a man lying upon the ground, who was bleeding from a wound in the side, and the prisoner Allain was endeavouring to sop up the blood. I wished to carry the deceased to the Barley Mow, at Engle field-green, and Allain and Mr. Hayward accompanied us there. By Mr. Chambers—The prisoner Allain seemed very sorrowful, and to be in great distress of mind at what had occurred. Mr. Hayward—l am a surgeon, and reside at Egham. I was passing up Priest's-hill on the 19th October, about a quarter to one o'clock, when the prisoners Mor net and Barthelemy came up to me. A third man was with them. One of them asked me the road to Windsor in broken English. When I got to the top of the hill, a third foreigner ran from the field into the road. The person was Barronet. He asked me to accompany him to place where, he said, his friend had been wounded by a bullet. I belie've he had been told before that I was a surgeon. When we got into the second field I saw Cournet lying on the ground, and Allain was attending to him. I saw that he was wounded on the right side, and that there was a corresponding opening on the left. The deceased was removed to the Barley Mow, and in about three-quarters of an hour Barronet went away. The prisoner Allain remained until he was taken into custody. I stayed with the deceased until five o'clock in the afternoon. The three men I first met came in the direction from the field in which the duel was fought. I saw the body of the deceased after death, and ascertained that his death was evidently occasioned by being shot by a pistol ball. By Mr. Chambers—The three men were at least 150 yards from M. Barronet. He did not tell me what was his object in going to London. By Mr. Parry—Allain appeared in great distress of mind. He talked of M. Cournet as an old friend. The deceased died about six o'clock. He appeared to be very much devoted to Allain, so long as his senses re mained, and I never saw more real feeling than was evinced both by Allain and Barronet. Charles James said that he met three foreigners on Priest's-hill on the morning in question, and they told him that there had been an accident, and asked him where they could get a cab or some other conveyance. Two of the men he saw were Mornet and Barthelemy. By the Court—Priest's-hill was about three miles from Windsor. Mr. John Madigan, the station-master at Windsor, deposed that on the morning of the 19th of October, he was in the office prior to the starting of the half-past two o'clock train for London, when he saw the prisoners Mornet and Barthelemy and another man, who also ap peared to be a foreigner. Mornet carried his cloak with something like a sword wrapped up in it. These three men took their seats in a second-class carriage, and in about five minutes Barthelemy came to the station, and he walked along the train and looked into all the carri ages, and then he changed his ticket, which was a second-class one, for a first-class ticket. After the train had started, he received a communication to the effect that a duel had taken place, and he sent a telegraphic message to London by the Great Western Railway, and on the same evening Barthelemy, Barronet, and Mornet, were brought down to Windsor, and he recognized them as the persons he had seen in the afternoon ; and he ob served to the policeman that in taking Barronet they had taken the wrong man. He thought at the time, by his coming to the station after the other three, that he had nothing to do with them. John Underwood, a police-constable, proved that upon the receipt of the telegraphic message by the Great Western Railway, he stationed himself on the platform of the South-Western Railway upon the arrival of the 3.25 train ; and in consequence of the description given to him he took Barronet, Barthelemy, and Mornet into custody. The two latter got out of a second-class car riage, and the other prisoner came up to them, and he did not see where he came from. The clothes and shoes of all the prisoners were very dirty. As they were going towards the Tower-street police-station, a fo reigner who was standing in the Waterloo-road came up to him and offered him a sovereign if he would let his friends go. He told him he could not do that, and Mornet was then about to hand his cloak to some per son who was following him, but he took it away from him, and found two swords wrapped up in it. John Noble, a constable of Windsor, proved that from information he rec e iv e d h e p u t the telegraph in motion, and afterwards proceeded to London, where he found the prisoners Barronet, Barthelemy, and Mornet in custody. and he conveyed them back to Windsor. He found sonic percussion caps in the possession of the prisoner Barronet. Upon the prisoner Barthelemy being s:arched two right-handed gloves, both of which were split across the palm, were found in his possession. Mary Day deposed that she was called into the Bar ley Mow to lay out the body of the deceased, and she found a bullet in the bed. Mr. Biddlecombe, the superintendent of the county police for the district, said, that from information he re ceived, he went to the Barley Mow public-house about six o'clock in the evening of the 19th of October. He found the deceased quite warm, and apparently just dead. The prisoner Allain was sitting by the side of the bed. A gentleman who was in the room told him who witness was, and he pointed to the deceased and said, "My friend." Witness assisted in undressing the body, and saw that a bullet had passed through the clothes of the deceased, and also completely through his body. He likewise found the half of a railway ticket, from Windsor to London. He took Allain into custody, and found in his possession a powder flask, nine bullets, a quantity of copper caps, and a seal, all of which articles he produced. He likewise found upon the deceased a passport in the name of Bouquet. Witness was present at the magistrates' office when the prisoners were under examination, and upon one occasion Barronet and Allain handed in a statement, which they afterwards signed. Mr. Locke was about to put in the statement as evi dence, but Mr. Chambers objected to this being done until it was shown that no inducement or threat *was held out to the prisoners before they made it. Mr. Edgell, one of the magistrates before whom the inquiry took place, was called as a witness, and he stated that when th e pr i soners expressed the desire to make the declaration, he cautioned them in French, and made them distinctly understand that by the law of England they need not make any statement unless they pleased, but that if they did it would be used as evidence against them. The statement was then given in evidence. It was to the following effect : " Whatever may be the consequences of the severity of the English law against duelling, of which I was ignorant, I declare that I was the second of M. Cournet on the nth October ; that the obligations of sincere friendship I enter tained for him would not allow me to refrain from accom panying him in this fatal rencontre. He was my best friend ; I had found so many noble qualities in him. I did all I could to avoid the rencontre, but I had to obey the laws of honour, friendship, and the customs of French duelling. Were Ito pass the remainder of my life in pri son, I would never disclose the name of the person who was the adversary of M. Cournet. Now that I know the English law, honour forbids me from mentioning the name of an antagonist, if he cannot or will not do so. lam a prisoner, but I will never quit a prison by making a decla ration which is repugnant to my character and habits. (Signed) " BARRONET." The following statement, made by the prisoner Allain, was put in : " I adhere to this declaration, and it is quite in confor mity with my sentiments. (Signed) "ALLAIN." This closed the case for the prosecution. Mr. M. Chambers then made a most eloquent speech to the jury on behalf of his client, Barronet. He com menced by declaring that his learned friend who ap peared as the counsel for the prosecution had, in his opinion, not correctly stated the law in reference to the matter now under inquiry, and that he had wrongly de scribed it as stern and cruel, for such it must be if men were to be convicted of murder under the circumstances had been detailed in evidence that day. The law of Eng land, on tho contrary, was merciful, and made great allow ances for the infirmities of human nature, and did not re quire from mankind more than mankind was capable of performing. The law of England also mercifully , considered that foreigners might be ignorant of the cus toms and the laws of this country, and, therefore, gave them greater privileges than were conferred upon Englishmen upon that supposition. What, then, were the circumstances of the present case ? Here were four unhappy exiles from their own country, a portion of a great number of others similarly situated, who had been flirted to seek a shelter and asylum in England, charged with a most serious offence. He would observe that this e was the first c h arge th a t h a d b een ma d e aga i nst any thse men•of having made a breach in the law of the countryin which they were sheltered, and he could not help remarking that it appeared to him that this was they were t h e present very muchotffeenceeir honour. The prisoners were charged w ef hte m a u t rd th e upon the supposition that duel, but lie denied another person was killed in a , and co nten p d a e r s t t l w e th f at i it was necessary to sufficient to support such a charge show some malice on the Surely, he said, there ought to be stel:Tle e p e distinctionrso n s ac c t s a e d d e . between the seconds of then art a y nd i o f w th a e skilled, and the seconds of the party killi g ; law did not make such a distinction, he thought the jury would do so. He asked them if it was accordingss common sense or humanity to convict a murder a man who ached as second to another, who was perhaps his dearest friend, if that man happened to be killed, when it was perfectly clear that the second had no intention whatever of kill ing him, but that, on the contrary, his death wa s a source of the utmost grie f and miser y to bin, it cluseslr''sible man 013. Th ey the to m su i e n h d ai of een a Navpopu earedl d ti hint o t m h i a n t g were called upon to brand as murderers men who had only done what had been d o n e on man y ot her occasions by persons infinitely above them in station -- and tank. He could mention many instances where the usages of society had compelled men of the very highest position to go out to fight a duel, which, in some instances, had been attended with fatal results, and yet there had been no conviction for murder. A person who killed another in a duel had never yet been ranked with those criminals whose horrid crime rendered them objects of disgust to the whole of the community, and he felt satisfied that the jury would come to that conclusion upon the present occasion. [The learned counsel was then about to mention the names of parties who had been engaged in different duels attended with a fatal result, when the learned judge interfered, and said he was not justified in doing so, as he was, in point of fact, giving evidence which was not admissable.] Mr. Chambers went on to say that he yielded immediately to the direction of the court. His only object was to show that notwithstanding what had been said about the in flexible character of the law, killing in a duel had never been looked upon as an ordinary murder, and the rea son was clear why it could not be so. He then referred to the facts of the case, and said that, so far as a second was concerned, it was always regarded as the great est proof of friendship a man could afford to attend an other upon such an occasion ; and that, so far from his anticipating a fatal result, in a great many cases it was the object of a second to effect a reconciliation between the parties, and avert the possibility of any thing serious occurring. For all that appeared to the con trary, in the present case, this was all that had been done by M. Barronet ; and he put it to them whether, under such circumstances, he ought to be convicted of the crime of murder. It was only by a fiction of law that the charge of murder could be at all supported, but he submitted that it was a fiction far to strong for the jury to give effect to, to say that a man was guilty of murdering his dearest friend, when it was clear that his only motive was to assist and protect him as far as laid in his power. They had it in evidence that after the fatal occurrence, Barronet evinced the deepest misery and sorrow for what had occurred, and that he remained with his dying friend up to the very last moment, and the jury were called upon to convict this man of murder ing that friend. Upon this view of the case he asked the jury for an acquittal for the prisoner for whom he ap peared ; but he would also ask for it upon the ground that there was nothing to show that Barronet had acted in any other way than a piece -maker ; and that even upon the evidence for the prosecution, there was nothing to show that he was present even when the fatal shot was fired. Mr. Parry and Mr. Ballantine also addressed the jury for their respective clients. They repeated a good many of the arguments used by Mr. Chambers, and both the learned counsel conte n d e d th a t it was clear the strict letter of the law in cases of duels could not be carried out, as it was repugnant to common sense and!to the feel ings of jurors, and indeed every one concerned in the administration of the criminal law. They also called the attention of the jury to the circumstance of the piece of the piece of rag being found in the pistol, and Mr. Parry said that he was surprised that his learned friend Mr. Locke should have mentioned the matter, inasmuch as it was perfectly clear, from all the circumstances, that that the piece of rag must have remained in the pistol by accident at the time it was cleaned, and that if blame was to be attached to any one, the seconds of the deceased alone were responsible, as it was their duty to have seen that the weapon was properly loaded ; and if there really had been anything wrong, they must b e su pp ose d t o have sacrific e d th e i r own friend. Some witnesses were then called to speak to the cha racter of Allain and Barronet, and they described them as having been persons of honour and respectability ip their own country. Mr. Justice Coleridge, in summing up the case, said that after the long speeches they had heard, an d th e ob servations that had been made by the learned counsel for the prisoners upon the subject of the law, he felt it right to remind the jury that he and they both sat there to adminster the law under the obligation of an oath, and it was their duty to do so fearlessly and conscientiously. It was very painful for a judge to have to sit and dis pose of so serious a case, and he must confess that he Was surprised to hear learned counsel, of great expe rience and great talent, tell a jury the law was that which they knew it was not, and, to speak plain English, mislead them, and endeavour to induce them to find a verdict which they knew could not be justified either by the facts or the evidence. The four gentlemen at the bar were Frenchmen, but they resided in this country, and were therefore subjects of the Queen, and bound to obey the law, and he would tell them what the law was upon the subject of the present case, and he believed they would be of opinion that it was not only in accordance with the law, but also with the dictates of common sense. The law was this—lf one or more per sons went out together, armed with deadly weapons. for the purpose of committing an unlawful act, which fighting a duel undoubtedly was, and the death of one of the parties ensued, it was in the eye of the law murder in every person connected with the transac tion, and this applied equally to the seconds of the de ceased as to those of the survivor ; in fact, they were all held to be responsible for that which might be ex pected as the natural result of the act they were about to commit. If, therefore, the jury should believe that the prisoners, or either of them, were proved to h ave acted in this manner, th e y would be justified in finding them guilty of murder • but if the evidence w as no t sa tisfactory as to their identity, or upon any other point, they would then say they were not guilty. The jury retired at a quarter to seven o'clock, and re turned into court in about an hour with a verdict of guilty of manslaughter. The learned Judge, addressing the prisoners, said they had been convicted, after a very long and patient inquiry, of the crime of manslaughter, and it was now his duty to pass sentence upon them for that offence. He ob served that they had already been in prison more than five months, and he thought it probable that, being foreigners, they were ignorant of the law of this country upon the subject of duelling, and that, therefore, they might have been misled ; and, taking all these circum stances into consideration, the sentence would be much lighter than otherwise would have been. He then sen tenced all the prisoners to be further imprisoned for the space of two months. MIDLAND CIRCUIT.-WARWICK, MARCH 21. The Nisi Prius business of the assizes commenced be , fore Lord Justice Jervis this morning. EAST V. TOUNG-TIIE CARD-CHEATING CASE. An action to recover 1121., the amount of a bill in dorsed by the pugilist, Henry Broome, to the plaintiff, who acted as his attorney in the recent notorious card cheating case. Mr. Macaulay, Q.C., and Mr. Hayes, for the plaintiff; Mr. Mellor, Q.C., for the defendant. John Sherman, an attorney's clerk, living in Noel street, London, proved the ha n d wr iti ng o f Dav i s and Broome, the indorsers of the bill. Mr. Mellor, in defence, stated th a t th e d e f en d ant was an under graduate of the University of Cambridge, and having a race horse of his own, he became acquainted with Broome. The acquaintance, in this case, had a ruinous effect on the prospects of the defendant. A friend of Young's wanted some money for the purpose of paying his college expenses, and for that purpo se Young accepted a bill o f exchange for 50/. Broome offered his services to get the bill discounted, having, as such characters always professed to have, " a friend in the city." The bill was consequently entrusted to Broome, but he never discounted it, and, after many futile applications for the bill, a community of designing persons brought Young to Warwick Races, in the last autumn, where Broome made his appearance, and was challenged by Young for the bill. Broome replied, " You said I was to keep it ; you lost bets to me on the Chester Cup to the amount of 1121., and said I might keep the bill." Young rejoined—" Why, instead of losing, I backed the winner." On this Broome offered to show Young his own handwriting for the amount he had lost on the Chester race. A crowd assembled, and the re sult was that Young was fool enough to give his written engagement for the amount on condition that Broome was not to use the bill at all or put it in suit against him until he produced the alleged handwriting in admis sion of the debt. The bill was accepted, and Broome received it ; yet Broome, in violation of his engagement, handed it over to Mr. East, who was now put forward as the person who had most chance of the bona fides, and in order to give the case the greater appearance of justice. The defendant was put into the box, and corroborated the statement of his counsel as to the circumstances under which the bill of 1121. was obtained from him— namely, conditional upon Broome's producing his (de fendant's) admission that he had lost money to him (Broome) upon the Chester Cup. On the contrary, wit ness swore that he had backed the winner of that race. He had given the bill to Broome because he had threat ened to follow him wherever he went, and collected a crowd of persons round them. Mr. Macaulay then called the plaintiff and his clerk. The former said that he was an attorney at Birmingham, and was employed by Henry Broome and John Broome and his wife, in some legal proceedings, about August or September last, in the Hamp and Probert conspiracy case. The bill was indorsed to him by Broome, on the 27th of November. He had applied to Broome for cash, and it had been arranged that Broome should bring him 601. On the Saturday, previous to the trial, he brought the bill for 1121., and said that witness might either have that, or he (Broome) would get it cashed, and bring the 601. Witness preferred taking the bill, on Broome's as surance that it was a good one. He knew nothing of the circumstances between Broome and Young, or he would have taken the cash instead of the bill. Broome at that time owed him (witness) 2001., for professional services. His lordship, in summing up, observed that the ques tion was whether East got the bill before the 20th December. If he did, the verdict must be for him ; but if, as had been, alleged, it was on the 27th December, then the question would be whether he gave considera tion for it. If not, as the plaintiff and his clerk had sworn that consideration was given, and the jury were to return a verdict for the defendant, it would be tanta mount to saying that the plaintiff and his clerk were perjured. - The jury, after some consultation, had to retire, be cause as the foreman stated to the judge, he believed the evidence of the plaintiff and his clerk, but that the rest of the jury did not. Verdict for the defendant. SETTLEMENT OF THE GLEN TILT CASE.—This cele brated and important case has, "of consent of the de fendor," resulted in a finding that there is a public road through Glen Tilt, and in the duke being found liable in the whole expenses of the process. We believe that this termination of the case has been reached on an un derstanding that the pursuers will not resist an intended application by the duke to the road trustees for leave to make a new road deviating from the present track in its lower part for two or three miles.--IScotsman. , -- THE SUN, LONDON, TUESDAY EVENING, MARCH 22, 1853. THE FIRE AT WINDSOR CAST - ADDITIONAL PARTICULARS.I WINDSOR, MONDAY MCI] At 10 o'clock this morning an inquiry was h`f Castle, respecting the cause of the fire. It was by Prince Albert, the Lord Chamberlain, an the principal officers of th e R oya l H ousehold. the witnesses examined was Mr. James Braidw Superintendent of the London Fire Brigade,; believe, was of opinion that it arose from a defd, of the flues in the Prince of Wales's Tower. calcined state of the brickwork forming t there is every appear ance o f a f i re havil smouldering for several days. The inquiry wa; private. A report, however, will be framed of dence adduced, and that will be made public. The London Fire Brigade , with th e i r eng i' tinue to have charge of that portion of the Cast the fire broke out. NING Ad at the attended most of Among rood, the ,who, we in one 'rom the le flues, kg been strictly the evi- les, con, le where • Some surprise has been expressed at the delay exhi bited in sending for the aid of the London brigide, two hours having elapsed from the period of the fire being discovered to the message being sent to town. It is con sidered just possible that, had Mr. Braidwood been ap prised of the outbreak at , an earlier stage, he could have got a number of engines drawn within an hour, and could have rendered important service in pre venting the progress of the destructive element to the extent it unfortunately did. In such a case of emer gency it might be expected that the authorities would have taken care, when the London engines were sent for, to have had the line clear for the special train. However, such was not the case, its progress was much retarded by goods train, and the brigade did not reach the Castle until 2 o'clock. The gates of the Castle are strictly closed to the pub• li; and will remain so for a few days. A THRILLING INCIDENT AT SEA-SIXTEEN LIVES SA VED. (From, the New York Tribune.) We have been kindly favoured with the following extract of a private letter from Marcus Spring, Esq., of this city, giving an account of the saving of the brew of the Scotch barque Jesse Stevens, by the steamer Pacific, on her last passage from here to Liverpool. We are sure that no one can read this simple narrative without something of the emotions it so vividly ex presses : One morning, while lying wrapped up in blankets, overcoats, &c., on the sofa, the wind, and sleet, and snow] roaring round the heaving ship, one of the pas sengers came down and reported that a wreck had been seen in the midst of the storm, and men cli ng i ng t o it, and calling out, " S ave us ! Save us !" Though so nearly stupified as to care for nothing, even if we had been the wrecked ones ourselves, and hardly believing, at first, if it could be so, I roused myself; and sure enough, all my own stupid and selfish feelings, all nausea and headache, and all murmuring spirit in view of our own condition, were instantly dissipated, and gave place to the heartiest sympathy and earnest prayers for sixteen poor fellows in a shattered barque, with sails torn and streaming in the wind ; masts all wrenched off and swept away, and the water rushing through the sides of the vessel, as she rose now and then on a high wave, the sea rolling over her, a perfect flood, every minute. Our ship had stopped .her engines, and was hovering about, coming near enough, in the brief intervals of the storm, for Captain Nye to speak through his trumpet a word of encouragement. The captain had been sick with a violent cold and inflammation of the lungi (the first time, I think, since he became a captain), but this had called him from his bed, and, dressed in his great tarpaulin coat, with his hat drawn .; over his ears, a sailor holding him from falling as he stood upon the steep deck, the ship tumbling almost over on its sides at every roll, his fine face flushed with excitement, as the wind and sleet dashed into it, and against him, as if they would take him off his feet ; his trumpet in his hand, and, raising above the roar of the storm his voice of command to engineers, sailors, & c ., t o go on or stop, or go to th e o th er s id e o f wreck, trying to keep near it, and avoid dashing against it, to the certain ruin of all. All this lasted for an hour or more, while we pas sengers on the upper deck, holding on to ropes to keep us from being dashed overboard, and watching the poor fellows, when the mists, and clouds, and spray, gave us an opportunity to see them climbing the wave in their shattered barque, all looking anxio us ly t owar d s us, an d waving hats and hands. The rolling of the sea, some movement on deck, and something I heard the Captain say, made me fear it was a hopeless case, and we should have to go and leave them, when all at on ce a g l eam o f light broke from a b ove , an d a splendid rainbow appeared on a dark background of clouds behind us. It seemed, indeed, a Heaven-sent sign of hope and promise, and I eagerly scanned the upturned faces of the wretched crew to see if they did not hail it as such, but I since learn they interpreted it in accordance to the sailor's adage : " A rainbow in the morning, Is the sailor's warning ; A rainbow at night Is the sailor's delight." While I supposed the bow of promise was filling their hearts, as it was mine, with joy and gratitude, the Cap tain seized the moment of a lull in the storm to say to Tompkins, his third officer (blessed be the noble-hearted fellow !), "Are you willing to risk going in the life-boat to their rescue ?' " Ready and willing," was the prompt reply ; and soon the beautiful boat, with Tompkins and three sailors, was bounding over the foaming waves. They had a rope soon drawn from ship to barque, passing through the life-boat. The brave little company were soon under the stern of the wreck, receiving with their open arms, as they were dropped or thrown down (for some were so stupified with wet and cold, they had to be thrown into the boat), the dripping sailors of the Jesse Stevens. The waves ran so high it was un safe to lie near the wreck, so the boat was hauled up by rope, at intervals, near enough for them to drop in one or two men—then they would slacken the rope and let the boat recede, before the returning wave should come and dash them together ; then they would return, in like m anner , f or one or two more ; and finally all were safe in the boat, and we only hoped that they would get it back to the ship with its freight of saved lives. Proudly again it bounded over the billows with its heavy load, as if it had been a swan or a sea-bird, and though several times, when it went out of sight in the trough of the sea, we trembled lest we had seen it for the last time, it still mounted the top of the next wave and dashed down the watery hill-side towards us, again to rise and descend till they reached our ship's side, when a hundred men, with boisterous shouts and ropes let down, with nooses at the ends, soon hauled up every man of them. And so sixteen nice, respectable Scotchmen, from Augustine, on their way home from Canada, with a load of lumber, are fellow passengers with us, with thankful hearts only and no lumber, and will reach home before they are looked for to tell of their marvellous escape. Since this incident, certainly the most heart-thrilling and sublime it has been my lot to witness, and well worth, we all say, all the sufferings of the voyage, we have all been in better spirits, and have slept, I imagine, with more grateful and happy dreams. We had a meet ing of passengers, and raised five hundred dollars as a purse for Tompkins and the three men who aided him. Tompkins looks very happy as he walks the deck, and is a great favourite with us all. SHIPPING INTELLIGENCE. CUSTOM-HOUSE —MARCH 21. ENTERED INWARDS.—The Lion, from Harlingen ; Mag net, do. ; Ceres, Rotterdam ; Menai, Calais ; City of Lon don, Dunkirk ; Concordia, Rotterdam; Giraffe, do. ; Christiana Lurvig ; Christian, do. ' • Ravensbourn e , Ant werp ; Expedition, Marstr an d ; Triton, Krageroe ; Rhine, Hamburgh ; Fyenoord, Rotterdam ; Bangalore, Penang; Catharina, Emden ; Gerda, Lauvrig. ENTERED OUTWARDS FOR LOADING.—The Ravensbourne, for Antwerp ; Pax, Rio Janeiro ; Lucie Arnie, Nantes ; Elspe, Rotterdam • Les Amis, Rouen ; Ceres, Rott er d am ; City of London , Dunkirk ; Menai, Calais • Frisked, Laun ceston ; Wharfinger , Hamb urg h ; Admiral, New Zealand ; Fyenoord, Rotterdam • Saracen, Portland Bay ; B avr i c k , Demerara ; Seine, P:oulogne ; Concordia, Rotterdam ; Diana, Trinidad ; Jens Hansen, Leind, Copenhagen ; Mo narchy, Calcutta; Larkins, King George's Sound. CLEARED OUTWARDS WITH CARGO.—The Vivid, for Rouen ; John Pink, Melbourne and Geelong ; Jonge Johanna, Rotterdam ; Miranson, Calcutta • Marys, Guern sey and Jersey ; Mentor, Cape Coast Castle ; City of Boulogne, Boulogne. BREMEN, March 15.—The Edmund, from Liverpool, which arrived here March 13, got aground on entering the old harbour at Bremer-haven, but is not supposed to be dangerously situated. SHIELDS, March 17.—The Neptune, of Seaton Sluice, bound to Havre and North America, which took the ground near the Stanhope Drops, came off. NEW YORE, March s.—The Canada, of Quee ns t own , bound to Havannah, is on shore on Stonohouse Shoal, ten miles south of Tybee. ST. THOMAS, Feb. 9.—The Eucharis, Charleston for Bordeaux, Put in here, Feb. 7, very leaky, and with loss of sails, &c, VESSELS SPOKEN WITH. The Fleece, Port-au-Prince to Queenstown, Feb. 12, in the Caycos Passage. The Iceni (barque), March 3, lat. 47, long. 10. The Eliza Brown, bound westward, March 16, off Cape Clear. The Argentina bound up Channel, March 17. The Wat erlilAbarque), Nov. 24, lat. 7 S., long. 88 E. The Morning Star, London to New South Wales, Jan. 29, lat. 1 N., long. 21 W. Tho Sovenir, Clyde to Pernambuco, Feb. 2, l a t. 5 N., long. 24 W. BREACH or PROMISE of MARRIAGE.—On Saturday, a very unusual case of breach of promise was tried at the Stafford Assizes. It was brought by Miss Sarah Ann Adcock, aged 22, the only daughter of a gentleman of some position in Birmingham, to recover damages of Mr. Russell, by reason of his failing to make her his wife. The preparations for the marriage had proceeded as far as the deed of settlement and the purchase of the licence, but in this state of things the happiness of the loving pair was destroyed by the reports of a neighbour ing Mrs. Gossip, who confidentially informed the mother of young lady that the intended bridegroom was in a state of health which rendered his marriage highly im proper. Medical advice was immediately obtained, and the report was ascertained to be a pure invention ; but the evil tongue had produced its effect, and the gentle man, disgusted with the nature of the reports spread to his prejudice, b ro k e off the match. So far a ll wou ld have been ri g ht , and he would have been perfectly jus tified in his con d uct, b ut unfortunately he cont i nue d hi s intimacy with hi s i nten d ed b ride and her fam il y f or seve ral months bef ore h e i nt i mated his intention o f with drawing from th e engagement, during which t i me th e marriage preparations were continued. Under these circumstances the jury gave a verdict for the plaintiff, with 1001. damages, -ACTION FOR LIBEL AGAINST THE EXTRACTS FROM AUSTRALIAN PAPERS, "FREEMAN'S JOURNAL." JAMES BIRCH V. JOHN GRAY AND GEORGE ATKINSON. This case, which excited a good deal of interest, came on at the Kildare assizes on Friday. The plaintiff was the proprietor of the World newspaper, and the action was for a libel, alleged to have been published in the Freeman's Journal. The plaintiff had been brought down to Naas, under a writ of habeas corpus, from the Richmond Bridewell, where he is still undergoing twelve months' imprisonment for a criminal libel upon the character of a lady. The court was crowded with spec tators and others who had been summoned as jurors and witnesses in the case. Dr. Hayes, Q.C., Mr. O'Driscoll, and Mr. Mont gomery were counsel for the plaintiff. Mr. M‘Donough, Q.C., Dr. Battersby, QC , and George Woods Maunsell were counsel for the d‘-fendants. Before the names of the jury had been called over, The Lord Chief Justice, having looked over the re cord and the abstract of it, said—l have handed up to me to enable me to discharge the duty of trying this record an abstract, consisting of 558 pages. I should very much disregard my duty and very imperfectly attempt to discharge it, if I were to set out upon the trial of this record with such an abstract. For me now to set about collecting from this document—to do that which is the rules of the attorney for the plaintiff to do—would be impossible, and equally improper. It would be vio lating the settled rules of the law, it would be degrading the office I hold, and it would be encouraging the gross neglect of those who are concerned for the plaintiff. I therefore order this record to be struck out. Dr. Hayes, Q.C.—I trust that where the parties have gone to a great expense on both sides—where gentlemen have been summoned here as special jurors and as wit nesses, and great expense has been incurred, your lord ship will, at all events, give us an opportunity of reme dying the defect as far as possible. Mr. Birch—l think it is very hard that I should be sacrificed for the fault lof my attorney ; I employed counsel ; I have been imprisoned ; I have been slandered. I thought I had employed the best counsel and attorney. The expenses of the law in this country are so great, so enormous, that it has cost me more than 1001. already to bring this case to trial. I have done so to vindicate my character against ruffians who beset me in every way. The plaintiff was here checked by his counsel. Mr. Alaunsell—My lord, I object to Mr. Birch making a statement of this kind. Chief Justice—l must object to this on the part of the court. I have made my order. Mr. Kinder—My lord, I am the plaintiff's attorney. I consulted counsel on the subject, and it was he who drew up the abstract. I looked into the general rule, and I found that it only applied %o cases tried in Dublin, and therefore I did not think it necessary to go into any length of abstract. Lord Chief Justice—Every reason that makes the rule applicable to cases tried in town makes it equally appli cable to those for trial in the country. Mr. M‘Donough said that the rule was perfectly settled. Dr. Hayes—Probably your lordship would kindly consent to adjourn the matter for half an hour. Lord Chief - Justice—l cannot alter my decision. Dr. Hayes—Really, my lord, it is a very grievous order in its effect on my client. Probably your lordship would consent to the case standing over, on the under standing that the costs of the day should be paid. Lord-Chief Justice—l cannot do so—it is not a ques tion of costs. Dr. Hayes—lf your lordship would consent to only half an hour's adjournment, I will undertake to lay a full abstract before you. The Lord Chief Justice—Half an hour nor half a day would not enable me to put myself in possession of this case. I do not pretend to say what the present case is, because I do not know ; but if it be like a case which I have seen an account of lately, in which a party takes upon him to utter and publish a libel, by which he declaims in general terms—not imputing any illegal offence—but imputing general defamation, and afterwards conies to justify himself by specifying a number of matters—not charging any illegal offence, but matters still defama tory ; and if• this could be allowed, first to publish a general defamatory libel, and then to publish a number of detailed libels, because if the matters suggested in the pleas are not true they are all libels ; and yet under colour of those pleas for which he will not be answerable in damages, to defame his adversary instead of bringing forward his charges in the face of his declaration, upon which if he put them he would be answerable for them in damages ; if the law is such that that course can be taken, it is high time for the Legislature to interfere if indeed the courts have not themselves the power at Nisi Pries to meet a case of this sort in a way that will pre vent such an abuse and perversion of the law. It is, therefore, that I feel doubly bound to be put in full pos session of every part of this record, that I might be ena bled to make up my mind whether I could not deal with a case of that sort in a way that would prevent that per version of the law which would enable a man to defame another, and to aggravate the case by any' number of additional libels without being responsible for those addi tional libels. Mr. Birch—l thank your lordship. The Lord Chief Justice—l don't say that that is' the case, for I am not acquainted with it so as to be able to say so ; but if this be that sort of case, I should feel it my duty to consider whether, even in this Couit of Nisi Prim, I could not meet it in such a way as to prevent such a gross perversion of the law. Mr. Birch- - -Thank your lordship. Mr. Kinder was about to speak, but His Lordship said he could not suffer the business of the court to be interrupted any further. Mr. O'Nscoll subsequently applied on behalf of the plaintiff to have the record given back ; and there being no opposition on the other side,' the record was accord ngly returned. SPORTING INTELLIGENCE. LINCOLN SPRING MEETING. MONDAY. The TRIAL STAKES of 10 sovs. each, h ft, and 40 added. One mile. Mr. Morris's King David, 3 yrs, Est 31b (Barker) 1 Mr. Gulliver's Chilton, 3 yrs, Est 101 b 2 Mr. Marson's c by Theon, out of Rebecca, 4 yrs, Bst 21b 3 Mr. H. Robinson's Billy Richardson, 4 yrs, Bst 21b 4 Mr. Walter's Sir Eustace de Grey, 3 yrs, Est 101 b 5 Betting-7 to 4 ag s t Ki ng D a vid, a n d sto 2 agst Billy Richardson and Chilton. Won by a neck ; same be tween second and third. The Two-YEAR-OLD STAKES of 10 sovs. each, h ft, and 40 added. Straight run in. Mr. Cunningham's Jewess, Bst (Charlton) 1 Mr. Knowles's Ludwig, Bst 41b 2 Mr. Peck's Pope Joan, Bst llb 3 Mr. E. It. Clarke's c by Napier, out of Cawroush's dam, Bst 71b 4 Mr. H. Lister's Little Jem, Bst 41b 5 Betting—Even on Jewess, 5 to 2 agst Ludwig, 4 to 1 agst Pope Joan, and sto 1 agst Clark's colt. Won by half a length ; a head between the second, third, and fourth. The STEEPLECHASE HANDICA of 10 SOVS. each ; 5 ft, and 2 only declared, with 100/. added. Four miles. Mr. Higgins's Simple Peter, aged, 9st ...... (Weaver) 1 Captain Reynard's Bruce, aged, 9st 2 Mr. Osborne's Ringleader, 5 yrs, 9st 101 b 3 Mr. Barry's L e p ore ll o , age d , 9 st 31b ..... ............ 1!) 4 Mr. Trafford n d b g b y Li tt l e K nown, age d, 9st 1 0 Mr. Green's Little George, aged, 9st 41b.. ...... Mr. Kemp's H o p e , aged, 9st 41b 0 Mr. Day's Voya ger , age d , 9 st 51b Mr. Oldacre's D an d y J em, age d , 9 st 10 0 Mr. French's Little Queen, aged lOst 41b Mr. Higginson' s Bourton, aged, lOst 51b Betting-7 to 4 agst Bourton, 4to 1 agst Ringleade 5 to 1 agst Leporello, 7 to i each agst Dandy Jem and Voyager, and 12 to 1 agst Bruce. Won easily by a length ; half-a-length between second and third." The SELLING STAKES of 5 sovs. each, and 25 added, one mile, were won by the Gip, beating True Girl. In the New World, which is so rapidly springing up ,at the antipodes, the old country does not seem to have been forgotten, judging from the names which the hardy colonists have given to their newly acquired pro perties. In the Geelong Advertiser, for instance, among the advertisements of sales by auction, we are startled by seeing in large type the familiar words of " Kildare," " the Westbourne Property, " the delightful town of Islington, " Gretna Green," " Ascot," " the Montague Estate," Hampton Village," " Milton," " Sherbourne," &c. The different estates are described by the auc tioneers, after the usual stereotyped fashion in England, but here and there the introduction of a little original phraseology tells us that it is not at Garroway's or the London Auction Mart, where we must attend the sale. In one advertisement, the auctioneer announces that " a Champagne lunch will be provided," in another says, "an early day after the sale will be appointed to meet and place the purchasers in their lots, and they will on this occasi on b e h osp i ta bl y entertained." THE SALARY OF THE MAYOR OF MELBOURNE. —The Melbourne Corporation have voted their Mayor 1,003/. as his yearly salary. MOREE GOLD FIELD.—On the Moree gold field, in New South Wales, large masses of gold have been found • and it i s now s y stemat i cally explored. Here the Australian British Gold Mining Company are en gaged in draining the waterhole at the junction of the Lewis's Ponds with the Louisa, and in working some claims higher up the creek. They have the large num ber of 36 men employed, the most of which came out from England under agreement. The Company's camp has quite an imposing appearance. —Geelong Advertiser. GEELONG INFIRMARY, &c.—The moieties of 'fines, &c., from the Police-office for last month (October), re ceived by this institution, amounted to 1801. 15ki. ENCOURAGEMENT TO INDUSTRY.—The Victoria In dustrsal Society has announced its second annual exhi bition in Melbourne, on the 15th of December. Prizes of gold medals, &c., are to be awarded to successful com petitors, exhibiting live stock, samples of agricultural productions, animal products, garden produce, colonial manufacturers, and approved Famples of colonial articles, as vegetable oils, candles, and specimens of artistic skill, in leather furniture, typography, litho graphy, paintings, carvings, and so forth. —Geelong Advertiser. CHARACTER OF THE POPULATION AT THE DIGGINGS.— The general character of the population at the diggings is that of peaceable and industrious persons. There are many exceptions, however. In those districts where the earnings of the diggers are very regular, and an industrious man can make pretty sure of doing well, but where there are few instances of great luck, the diggers are mostly orderly and industrious. At such places as Tambaroora and the Turon, however, where thCre are often very large gains made, the population is not so steady. A great deal of drunkenness may he ob served, and disorderly scenes are too . con:in:ion. Many of the public-houses at such, places are in fested with the worst of characters—thieves and 13lack legs—who prey upon the fools who, having been fortu nate enough to get a good hole, squander their ear n i ngs at the gro g - s h o p s . Besides these there is another de scription of character who hangs about the public-houses and ekes out a living, no one knows how. He is a species of " Ne'er-do-weel," who is not fond of hard work, and only takes to it when compelled by dire ne cessity. He pretends to know a great deal about gold getting, and is acquainted with all the rich localities. He is a complete sponger, and is tolerated in public-houses because he brings them some custom. This genus is termed in California " a loafer." I met a good specimen on the Meroo. He looked very like a br,oken down swell, but he talked so sensibly, and was apparently possessed of so much • information; that I put some faith in him. In speaking of a new place which had been opened on the Devil's Hole, Creek, Spring Flat, he said that " the ground stunk of gold," an expression which somewhat startled me. He said there was plenty of room there ; on which I asked him if he had a claim at Spring Flat. He replied, 1' No, that he had a 'rattling claim' on the bar below, worth any two th ere , an d h e wou ldn' t bother himself `with Spring Flat." I subsequently ascertained that my big talking friend had no claim at all, but some of the dig gers used to let• him work a day or so with them when he was hard up. It is, unfortunately, too true that there many persons at the diggings who are hardly ever sober from morning to night. Many of the diggers, after having made a few pounds, go to a public house and never leave it until all their money is gone, when they are ignominiously expelled, and at last get sober, and awake to a true sense of their condition, without a farthing in their pocket. But the chief !por tion of the diggers do not act thus, and gentlemen i n positions of authority an d influence should pause before they make rash assertions concerning the morality, and the general behaviour of the population at the gold fields. The greater number of the miners work hard and steadily, and even deny themselves much ofl the license and the luxury they would enjoy at their usual employ men t. B es id es this, five out of every half dozen I f e ll i n w i th, were men o at least average intellig ence an d i nformation, and a great many were men of much shrewdness and common sense. By such persons as these the conduct of the Govbrn merxt towards the miners is narrowly scrutinised, and, I must say, fairly and impartially judged. Almost all the miners with whom I have conversed have more Con fidence in the Government for fair and impartial treat ment than in the Legislative Council, and few regard the handing over of the management of the gold fields to the Council with pleasurable anticipations. The reason of this is the reckless manr*r in which some honourable members have spoken of the gold diggers, and the bitter spirit exhibited towards them by others. Men do not like to be termed "hordes of licensed ruffians," and even gold diggers can see the gross injustice and the folly of attempting to raise a revenue from the gold fields large enough to defray the whole expenditure of the colony. Miners can apply the fable of the man who killed the goose which laid the golden eggs as well as other people. Gold diggers, too, have breeches ' pockets as well as capitalists, thank goodness ! and they are just as likely to resist any unjust attempts of other people to dip their hands into . them. Knowing as they do how heavily the treesent license fee presses on the industry of the miner, , not to be suppoged that they can hear, without in dignation, the project of placing an export duty on geld in addition to this fee.—Sydney Paper. • SOCIAL CONDITION OF AUSeTußA.ctilelyAt.p—haes\Vtpeermhaanveentiot . ' sufficientin crease in datathe for population determining d ur i n g year, but it may be fairly assumed that more than 80,000 souls from all quarters of the world have landed on our shores. A great number from the adjacent colonies haive come for the purpose of trying their fortunes at the diggin but and intending jor to re turn wheth er success f u l ' pr not ;the great maity of those who arrive are actual immigrants. The entire population of the colony at the present moment may be stated at more thin 200,000 souls. This immense influx, while it has given an impulse to our progress u nprecedented in colonial history, has been attended with much inconvenience to the entire community, and especially to persons newly arrived. The appliances of social life have not kept pabe with the rapidly increasing population ; nor was it p&A- Bible. In a young colony, and in circumstances of such unexampled emergency, there must of necessity be a se rious deficiency of the most ordinary social conveniences. The general rule, having but few exceptions, is, that male immigrants proceed to the diggings at once. This outlet has averted the shock that would be occasioned by the dis proportionate pressure upon the ordinary employments, and kept the labour market comparatively bare. The vast majority of those at the gold fields have settled there for the present, no appreciable proportion of them falling back upon ordinary occupations. Hence, it is evident that the gold field is of indefinite extent, and that the labour is generally remunerative. The defi ciency in the labour market is only partially filled up by the few immigrants who do not go to the dig gings, and the still fewer who forsake them. The want of social conveniences must have entailed much suffering upon individuals ; but, looking on all the circumstances of the case, there is cause for thankfulness that the evils have not been infinitely more serious and general. There has been, and there still is, great personal discomfort ; but there might have been famine 1 and pestilence. The principal i nconvenience felt by new corners is the want of house accommodation. The abundance of money, and the deficiency in effective labour, have raised the expenses of building far above the point at which it would be a profitable investment for capital. The number of buildings erected in the city within the year bears no proportion to the increase of the population. But already we discover symptoms of reaction in this respect ; and we think that the ensuing year will witness a revival in the building trade, and a great extension and improvement in the city. Meantime, the want is partially supplied by tents and small wooden buildings in the outskirts. On the southern bank of the Yarra Yarra there is a popula tion of 4,000 or 5,000 living in tents ; and all around the boundaries of the city wooden cottages are daily spring ing up,—Melbourne Argus. THE FREE LIBRARY OP MARTLEBONE. --At the last meeting of the Working Men's Committee, on the 18th ~ inst., at th e C entral National School-room, High-street, _lltarylebone—M r. T . W ilson in the chair—the secretary, Mr. George Lock, stated that in consequence of the dis tribution of political papers at the meetings of the above i library, by H. D. Griffiths, the Reif. Dr. Spry, rector of ! Marylebone, had informed him that the school-room in High-street was no longer at their service (the trustees of the same having met, and come to that decision). He (the R ec t or ) , however, would allow the committee 1 to meet onc e more th ere i n order that they might take such steps as would prev ' ent their expulsion, sooner than retire in anhonourable ma nner , an d th ere b y insure the respect of others by showing respect for themselves. The committee unanimously agreed that Mr. Griffiths should be expelled the committee for the " offence" he had given, unless he (Mr. Griffiths) expressed contrition for such " offence ;" leave being given him to retire with a good grace, as they felt they had a disagreeable task to perform, and would rather be rid of it. Mr. Griffiths de clined either expressing contrition for the diffusion of useful knowledge, or of retiring for no real cause : his "offence " was, in giving away copies of "The Home " of his friend Richard Oastler, and papers against taxes on knowledge, which were in accordance with his (Mr. Griffiths') views of the rights of labour. They had, however, Dr. Spry and his friends to please, and the question was whether he (Mr. Griffiths) should be ex pelled or the committee. A long discussion follow e d , which ended in Mr. Cole moving, and Mr. Rob ertson seconding, a resolution for Mr. Griffiths' expulsion, which was carried unanimously—Mr. Griffiths Vo ti ng for his own expulsion, on the ground that it was an honour to part with men who had so lost respect for theßwelyes. COUNTRY MARKETS. COLCHESTER —MAlic Prices to-day were as tollow :—Wheat, w hite, 483 to 56 0 ; red, 40s t o 50 s ; b ar l ey, 34s to 388 ; oats, 178 to 243 ; beans, white,Maza o n, s 3o to s to 1 ; 32sgry, ; e mic sos idle to an 3 d 2s s . mall, 32s to 38s ; Peas, Prices to-day were as follow :—Wheat, CHELMSFORD--MARem 18. to 57s Od, new 38s to 55s ; red, old 36s to 475, new 31s to 44s ; barley, 25s to 27s ; chevalier, 31s to 37s ' grin din g: 21s to 27s ; malt, 55s to 56s ; chevalier, 55s to 58s ; oats 19s to 25s ; peas, partridge, 30s to 35s ; white, 32s to 340; white, old 400 od boffin.. 38s to 41 s ; d un, new, 29s to 33s ; beans, tick, 3 2 e to 345; Harrow ti c k s , 31 s to 36s ; Mazagan, 29s to 325. The following is the official statement of the quantities of corn, &c., received in the port of London from the pork' s in Essex, from the 14th to the 19th March, both br elusive : Colchester Harwich . Leigh Malden A -4 7'3 105 105 1005 - 180 1991 983 36 . vs • 4 g 3 .3.4 8 (1, - 20 12 300 - 15 - 1246 - 82 25 -203 i 194 10f0 1005 :1213, KIRKCALDY —MARCH 19. The following are the quotations for grain : Wheat. II , Barley. Oats. I Bean s. First Second 32s Od 20s Od Os Od Third 39s Od 27s Od 17s Od I Os Od I Oatmeal, per bag of 2801bs imperial, 29s Od to 30s Od. ;T—Mecca 21. a close of the market : - COAL MARK Prices of Coal per ton at t 5. d. 5• d• 1 Buddle's West Hartley 16 91Northumberlaud E. ...... 16 6 Burnhope l6 6 Riddell lB 1" a Carr's Hartley l6 61Ed en M a i n ..... ...... -• • ••19 0 0 Holywell.. . .... . ....- . lB 0 B e ll 19 a Howard's West Hart ley Belmont 19 0 Netherton 16 3 Hetton 2O ° Longridge's W. Hartley 16 6 St ewar t' s 20 0 .„ Ravensworth W. Hartley Iti 6 H arvey Wylam, uns . lv 6 Sidney's Hartley l6 6 Heugh Hall 18 Walker Primrose West Hartley 16 6 S ou th K elloe 18 ° Wylam 17 3 Whitworth 16 9 Willington Hartley l6 0 Clavering Tees 1617 0° War s End, &c. ISt. H e l en ' s T ees Gosforth 18 0 1 Tees 2O ° . Herten is 0 Woodhouse Close . . ..... ..17 o 6 6 Killingsworth E. l7 0 D erwen t wa t er Hartley 1 --„ 6 Northumberland l7 0 Fothergill's Aberdare3' 4 . Ships at market 69 1 Sold 59. RAILWAY SHARE MARKETS. LIVERPOOL—MARca 21. STOCK EXCHANGE.—The business done in railway 0 0c1g has been but limited, and at lower prices genera4y. ' • MANCHESTER,--MABoH 21. STOCK EXCHANGE.—There has been a g o od deal a i fluctuation in prices, and Sheffield stock, which opened ad 29i, has cl ose d a t 304. L ancas hi re an d Yorkshire, '— Midland have declined, the former 22s 6d, and the latter 25s upon F r id ay ' s quo t a ti ons. L ondon and North est.' ern are also 20s lower. The sales at the close Eastern Counties, 13 ; Leeds, 744 ; Sheffields, 304 ; lands, 74 ; Dovers, 24 ; North Staffords, 4 5.16 d. ; 11 " - donians, 32 ; London stock, 118. BIRMINGHAM., MARCH 21. STOCK EXCHANGE.—The market has been brisk toc_t l6 „' and prices were firmer. Sh rews b ury an d Birmingui'4l stock was done a t 64i ; Sh rews b ury and Herefords " 1i die. LEEDS—MABon 21. A bee STOOK EXCHANGE.—The market this morning again very flat, and a general decline in prices has t'a lce a place. Lancashire and Yorkshires have fallen 11., the Midlands, 17s 6d, while the smaller stocks D" ae .., undergone a similar decline. The following are the clove transactions, the market closing at its weakest-pos t „„ r i Lancashire and Yorkshire, 75 ex &'— Y. ; South Eastern cher Dovers, 23k ; Northern Counties Unions, 3 die. ; Mail ter, Sheffield, and Lincolnshires, 291 ; Midland stock, 74; Leeds Northerns, 16; York and North Midlands, 29i. EPSOM AND METROPOLITAN STEEPLE- CHASES. Nominations for the Metropolitan Steeplechase Han dicap ; weight s t o b e pu bli s h e d on t h e 24th inst. : British Yeo man , Q u i c k s t ep , P eter, Tom, Geraldu s , Ri ng l ea d er, The G Fazeley, Honest General, Miss Mow bray, The Her o , Vi scoun t, M ar i a D ay, Th e U n known, Talisman, Grey M omus , S enator, Shi nrone, Th e Brewer, Forest Lad, Simpl e P e t er , Ch ar l ton, Si r P e t er Laurie, Janus, Sam Hood. _ The Hurdle Race Free Handicap :—The Hero, Gul nare, Geraldus, Malmsbury, Sir Robert, Sam Hood, Stamford, Quickstep, Fazeley, Reindeer, Bradford, Ormsby, Simon the Cellarer, Gerard, The Unknown, Union Jack, Caurire, The General, Ventre terre. THE WAKEFIELD MURDER.—The executionofHenry Dobson for th e wilful murder of Catherine Sheridan , girl 19 y ears o f a g e, in a house of ill fame at Wakefield, on the 18th of February, has been fin ed for Saturday si fin his condemna tion by Baron Martin on Thursday next, the 26th instant, at York. ce last n t d h e unrelentingcond e mn e d culprit has continued in mood. a , callous a A CHINESE ARTIST ON FEMALE BRAWL—LUMPS is called by Europeans the Sir Thomas Lawrence of China ; and he well deserves that proud distinction. , as the colour ing of this artist's oil paintings is exceedingly fine, although his idea of female beauty differ materially from ours. In the course of conversation, we asked his opinion of an English I belle then at Canton, and the reply was characteristic of a Chinaman's ideas of female beauty. Herface is too round, she has colour in her cheeks, her eyes are too blue, too large ; she's too tall, too plump, yi yaw ; her face talks (meaning her countenance was expressive), and she has feet so large that she can walk upon them. In Lum qua's atelier we saw many portraits both of Europeans and Chinese, many of which were excellent likenesses, and although deficient in light and shade, were executed in a most masterly manner._Chin k and the Chinese. [ADVERFISEMENT.]—HoIIoway's Pills for the Cure of Asthmatic Coughs, and all Diseases of the Chest and Lungs.—A gentleman na me d Mi ddleton, of Scotland road, Liverpool, states, in a letter to Professor Hollo way, dated. Jan. 1, 1853, that for upwards of five years he suffered severely from asth ma , attended with a violent cough, which so prostrated his strength and debilitated his constitution as totally to unfit him for any of the active duties of life. He was attended by the most eminent medical men, but all failed to give him relief. At length he tried Holloway's Pills , and in about three m onths this wo n d er f u l medicine effected a perfect cure of his disease, and restored him to sound health.—Sold by all druggists, and at Professor Holloway's Establish- • went, 244, Strand, Londen. • ' • 9 .`-"" " • - SEABORNE MAILS. (N signifies that the mails are sent front the General rost-ofge° by the night—and M by the morning —dispatch.] Day when made up From what JaeWl'S COUNTRIES. in General P os t- Port b oy Office, London. Dispatched. EN; 41 14 Arnerica(byßrit. - pack)N Every Friday .... Liverpool ... America (brUnited Sts. 11 4 packet) ..........N March 22 Liverpool ... April America (by U States arab 26 packet) March 28.... • • .. Southampton M Australia (via South. ampton) ..........M 4th of May •• .• •• Southampton APrg 4 Ditto (via Marseilles) N Bth of May ...• Dover ..• . • A pril 1 Ditto (via CaPo of . 0 . 0 Rope) .......... N2d of April .. Plyjno.u, r ch .. Africa (West Coast)..N 23 r d o f t h e month. Plymouth 4 Alexandria NB, 9, 24, &30 of m Dover .. Alexandria...... .1 1 , 19 ....M 4th & 20th o f mon. Southam pton April 4 „ Bahamas M 2nd of the month Southam tor. let of lac' Belgium ...... • • .. ..N .• •• • Dever .. P ... Dany Brazil .... .•• • • . M 9th of the month.. Southamp ton • P r ,l 1 6 Buenos Ayre5........31 9th of the month.. Southampton (. ; . 6 Cape of Good Hone ..N 14th of the month tlYmou'h " Cape of Good H o p e ..N 2n4 of April Plymouth M arc h 30 26 Cape de Verds ......N 14th o f the mo n th Plymouth • • Ma rch Ceylon (see India) Ceylon . • 14th of the mo n th Plymouth .• March 26 Channel Isles • • •• N Mon.,Wed ,&Fed. r •o uthampton fu Tn.. sa • M ..d & 17th of mon th Southampton China (see India) Constantinople ......N 1 ,8,17,21,&27 of m 30 Constantinople ......M 4th & 20th of mon SouthimP Cont. of Europe M& N Twice daily .• •• Dover •• • fo ic aily a Egypt (see India) France ........ M& N Twice dai1y...... Dover s• •••• - 26 Gibraltar 4,7, 17, 20, 27 of m. Southampton Mar.- , Greece (see India) aired Greytown .......... M 2nd & 17th of mon. Southampton A gat . Dover L a r r il eit e l' Hamburgh ....N Tuesday & Friday London ..... Havannah .......... M 2nd of the month Southampton APra-_ ur Holland .... 17t or Wednesday the e month & Sat Honduras pton Arrlvd India (viaSouthampt.)M 4th & 20 th of mon. Southampton Ilia=h ,'" s L o on ut d h o am n India (via Marseilles)M Bth& 24th of month Dover ...... • Pril ' . lonian Isles (see India) Ireland ........ M & N Twice daily Holyhead ... Li5b0n....... ••• • • M 7, 9, 17, &270 f m. Southampton AM', 1 6 Madeira ...... • • ....M 9th of the month Southampton Madeira .... .. •• .. N 23rd of the month Plymouth April t' Malta (see India) Malta 7,17;19,27, 30 ofm. Dover .. ga rc l l29 Mauritius (see India) ' 26 Mauritius .... • • ....N 14th of the month Ply mou th .. Arch Mexico 2nd of the month. Southampton Ist •ri s Naples,, .• •• • • ..N sthlsth2sthormon D0ver...... Mard i New Granada M 2d & 17th of month S ou th ampton Arriv ed New Zealand.... . • Papal States .... ..N sth 1 sth2Sth o f mon. D over .po • • Starch 22 ~ 2 6 Peninsula 'th I 7th27thofmo n Southampton Marc h .A Peru ...... •• • • M 9 d & 17th of mon ,outhampton Arriv ed • Port Natal ..........N 14th o f the month Plymouth .. Matc h 26 0 Sicily ...... ••• • • . ..N sthl sth2 s thohnon, Dover ...... 2 2 Tuscany .. ..N s u. l sth2sthofmon. Dover ...... M Venezuela ..... • • • ..M 2d & 17th of month Soathampton Airiveei Van Diemen's Land ( See Australia) . West Indies ........M i 2d& 17th of month Southampton Airrlf'''' ATTEMPTED MURDER IN PARIS.—The Court of AssiAti3 few days ago tried a young man of good education, 11943 ? — i Roger, empl oye d as corrector of the press in some 0" the most important establishments of Paris, for attempt at murder. In the evening of the 14th N'° vember l as t , as a Madame Cour chinoux, a m ilk-dealsrl in the Rue Vaugirard, was proceeding along t ha i street, the p r i soner h urr i e d up to her, and cried, ..j fi have suffered lo ng enoug h ! For e i ghteen ' days, eighteen . hours a day, I have been waiting for you h Ypu shall not return home again 1" "Do not Ult me, or I will cry out !" said the woman, greatly frig ened. At the same moment she took to flight, hut,'" seized her, and, drawing a knife, attempted to stab her in the heart. She warded off the blow with her hand and arm,, and was wounded in three places. She Is' to the ground. At that moment a passer-by came uf: and rescued h er f rom h er assa il ant. She then wen: home, and did not d are t o f o ll ow. The wounds were not serious. She k new th e name and address of h'„,, assailant, and having communicated them to tye police he was soon arrested. It turned out that ,u-r -reason for committing the crime was that he had 01 _ 1 ] eeived a violent p ass i on f or th e woman, but that she had always refused to yield to his wishes. He had become ecquainted with her through her husband, with who'l l he had long been on friendly terms, and had been ac" customed to take his meals in her house. According to his account, however, he had maintained intimate re lations with the woman, and his reason for attempting to kill her was, that she had had the business (his o expression) 'to make them known to her husband. The jury declared him guilty with extenuating circumstances, and the court condemned him to imprisonment for years, with hard lab Our. In the course of the trial some verses of a religious character, which he composed just before committing the crime, were read by his advocate. BIRTHS. OF A BON. On the 18th inst., in Gloucester -place, the Hon. Dfro, Seton. On the 18th inst., at Mornington-cr eacen t, Regenu -- park, the wife of T. Green, Esq., b arr i ster. OF A DAUGHTER. wife of On the 10th inst., at Storn oway, N. 8., t h e Captain R. Burnaby, Royal Engineers. MARRIED. o f On the 17th inst., at W a l t h am Abbey, Essex, -3' of W. T. Barnett, Royal Artillery, son of C o l one l Barnett Hutton Hall, York s hi re, to Eliza Josephine Ellen, e ldest surviving daughter of Joseph Jessop, Esq., of Waltham. Abbey. On the 12th inst., at St. James's„ Piccadilly, J.A.Evan s, E sq ., Captain Bombay Army,. e ld es t son o f T. B. _Esq., of Dea n -h ouse, Oxfordshire, and North Tuddenirr, r Norfolk, to Margaret Eleanor Ge org i na , f our th daught er of the late Hon W. Fraser, of Saltoun. DIED. On the 13th inst., Invergordon Castle, Ross-alb s . N. 8., Roderick Macleod, Esq., of C a dboll, Esq., 14° Lieutenant of the county of Cromarty, aged 67. On the 14th inst.,Mr. R. Hart, of 148, New Bond-stree t, aged 48. On the 17th inst., at Moore-street, Chelsea, Anne, W e . of Lieutenant Francis Witham, R.N., aged 53. On th e 17th inst. at Ventnor, Isle of Wight, Marl cam only child of Captain Rippon. On the 17th i ns t., a t M on t ague - p l ace, Montague-e!:luare , General Sir Robert Barton, K.C.H., late of the 2d Guards, aged 84. USG LONDON : Printed and P u bli s h e d by MURDO YO 112 , of No. 112, Strand, Printer, at The Sun Office, N o ' kr a Strand, in the Precinct of the Savoy, LA Ow 00 0 •• Middle*); Mu:tabby, Nardi URI Y}: i~ 1 F