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

'ENCE. HOME CIRCUIT—KINGSTON, MARCH 21 CROWN COURT. (Before Mr. Justice Coleridge.) 1 ' This morning having been appointed for the trial of - the four Frenchmen who were charged with murder arising out of a duel th a t t oo k p l ace i n O c t o b e r last at Egham, considerable interest appeared to be crea refor din e the proceeding , and the cou r t was cro wded long the usual hour for commencing business. A great num - ber of Frenchmen were among th e specta tors, among them were M. Louis Bl anc , t oge ther with a great many of the French refugees. At 10 o'clock the prisoners, Edmund Allain, 36, de scribed as a wine mer c hant ; Etienne Barronet, 46not ary, Emanuel Barthelemy, 29, engineer ed ' and at the bar, Phil ippe Eugene Mornet, 42, labourer, we re p the indictment which charged them with the wilf u l Mur der of Frederick Cournet, was read over to them. The prisoners all pleaded not guilty, a n d e l ecte d to b e tried by a jury composed half of foreigners.. An inter preter was sworn to explain the e v id ence to them. 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 ; and 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 the prisoners had 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 murde r . If h e s h ou ld ma k e out this fact t o 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 .Allam 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 : M. Francois 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 Englefield-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 proprietor 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 l o d g i ng, w h ere Allain and Briasot 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 therii 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 mean's 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, " A Hain, thirteen seals—Brissot, thirteen seals." Allain then 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—l 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 h'uniane man. From what I saw relating to the pistols, everything was done with perfect honour and integrity by both parties. Re-examined—I never saw the pistols from the time I have mentioned until they were produced before the magistrates at Chertsey. Mr. H. 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 1/ for the hire, and the remainder for the flask, which was not returned. I examined the pistol, and being told that one was loaded, I put a cap upon it, and tried to fire it, but it would not explode. 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 asked him if he knew Cournet, and he said he did not ; and I told him he was a fine robust man. M. Barthelemy then raised his arm as though iu the act of levelling a pistol, and he said— "At tail I don't fear the first corner." He then went awa h y, and said th at h e should probably return in about amy n l our or an hou r and a-half. M. llarthdlemy slept at r use el ' t he night o f , the 18th of October, and he wen o ut about a quarter past six o'clock the next morning. By Mr. Balla.ntine—i land, but I only speak a ;aye been five years in Eng. Engl e i g . little English. Very few montnhnsi of ray customers are about seven or eight I had known Cournet glee he breakfasted and dined at my house, but did mter e t t there. Barthelemy rarely came to my house. talk about of M. Bar alk about firing, thelemy I frequently heard Cournmetnr Jane Pettingall said—On the ue t e h n e dn i i g a h ss t I went down to Windsor upon buslitnineg of IDethber 19 o'clock train, in the morning. I was in ss aa 3 lsB: y carriage. The train arrived at Windsor half-past nine o'clock. Three foreigners were nine or same carriage. Two of them were the prie ln th e Barthelemy and Mornet. They conversed togethenreZ French during the journey. I understood what th e , said. The name of Cournet was mentioned, and I heard one of the gentleman say he would kick laim 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 Buis pas agitee.' 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„foreign,es 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 p ar ti es came out of the houses I first saw them go.into, an d went to two other houses of entertain ment, and they soon afterwards came out together, and all the six walked away in two parties towards Eagle field -green. On the same afternoon three of the gentle men came back to Windsor. Two of the prisoners (Barronet and m e know any of the 0 /let) I can recognise, but I do not away by the train foerrs.L These three gentlemen went London, and I observed before `' they started that the prisoner Mornet had something like an umbrella wrapped up in his cloak. 1 Margaret Perkins—My husband is a labouring man t at Egham. —On the morning of the 19th October T was going across the Eng,iefield-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 believe 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 i 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 - :ton 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 received h e pu 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 some percussion caps in the possession of the prisoner Barronet. Upon the prisoner Barthelemy being starched 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." Wit ness ass i s t e d i n un d ress i ng the body, and saw that a bullet had passed through the clothes of the deceased, afid 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 poVider flask, nine bullets, a quantity of copper caps, anti 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 the prisoners expressed their desire to make the declaration, he cautioned them in French, and made them distinctly understand that by the law of England they heed 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 19th 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 ever quit a prison by making a decla ration which is repnant 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) "ALLArN." 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 the 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 forced to seek a shelter and asylum in England, charged With a most serious offence. He would observe that this was the first charge that had been made against any of these men of having made a breach in the law of the help in whi c h th ey were s h e l tere d , and he could not geip remarking th at i t appeared to him that this was very much to their honour. The prisoners were charged (tyriluiiete3hi,, wit)huerteehper offenc e of murder, upon the supposition that such a charge ec , show some malic e on d co ji Surely, he said, there ought between the seconds the seconds of the eenannitevihen another person was kiiled in a h o a f tgt}:hieei killing was sufficient to support party y t k en il d li ed that it was necessary to 1 1 3 tart of the persons accused. to be some distinction made , v , ap se partyr a ha n ea w d cp o h s f his sn w t hdgaeesatlroakewisi killed didcommon dinfriend, m n o n o n t d humanity to convict of 7wrdheernaitm7 who acted make such a distinction, t so. He asked them if it thought the jury would do sense or i a f s t s b e a c t o m nd an to ha a r r: p ot e h o e e r d , t w o h b o e w k a i s lled was perfectly clear that the second had no intention whatever of ki!U• ing him, but that, on the contrary, his death was a source of the utmost grief and _misery t o him ? It appeared to him that the mind of a se ns ib le man would called ldrev upon oltatto comingbrantdo sasuchmaldcoenrcelrus men whos'ton• They were had only done what had been done on many other occasions by persons infinitely above them in station ASSIZ THE SUN, LONDON, TUESDAY EVENING, MARCH 22, 1853. and rank. He could mention many instances where the usages of Imlay had coMpelled men of the very highest position to go out, to fight a duel, which, in - so:no instatkces, had hen attended with fatal results, - and yet there had been no conviction for murder. 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 e v id ence 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 contended 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 andito 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 be supposed to have sacrificed their 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 in their own country. Mr. Justice Coleridge, in summing up the case, said that after the long speeches they had heard, and the 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 have acted in this manner, they would be justified in finding them guilty of murder ; but if the evidence was not 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 verdictiof 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. TODNG---THE 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 handwriting of D av i s an d Broome, the indorsers of the bill. Mr. Mellor, in defence, stat e d th a t th e d efendant 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 - a paying his college expenses, and for that purpose Young accepted a bill of exchange for 501. 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 112/., 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 adthis• 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 pro cee di ngs , a b ou t A ugust or September ast, 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, hilt 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 t ermination 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.—Scotsman. TILE FIRE t' Tifipsag cfAsTAE. ADDITIONAL PARTTCULAR S. — WINDSOR, MoNDJA - Moi.N-1- ni - G. i ~%, t, 10 o'clock this orning an inquiry w as h e ld t th e Castle, respecting the cau se of the'fire. It w as a tt nded by Prince Albert, the Lord Chamberlain, and most of the principal officers of the Royal Household. AMong the witnesses examined was Mr. James Braidwood, the Superintendent of the London Fire Brigade, wl4), we believe, was of opinion that it arose from a defect in one of the flues in the Prince of Wales's Tower. Froiii the calcined state of the brickwork forming the flues, there is every appearance of a fire having rbeen smouldering for several days. The inquiry was strictly private. A report, however, will be framed on the evi dence adduced, and that will be made public. The London Fire Brigade, with their enginesi con tinue to have charge'of that portion of the Castle where the fire broke out. Some surprise has been expressed at the delay4exhi bited in sending for the aid of the London brigade, 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 beeh 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 lie, and will remain so for a few days. ' A THRILLING INCIDENT AT SEA-SIXTEEN LIVES SA VED. (Prom the New York Tribune.) We have been kindly favoured with the following extract of a private letter from Marcus Spring, Fsq., of this city, giving an account of the savinc , of the crew of the Scotch bar que J esse 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 clinging to if, and calling - out, " Save us ! Save us I" 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 lungs (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 i n ' hi s hand, and, ra i s i ng a b ove th e roar of the storm his voice of command to engineers, sailors, &e., to go on or stop, go to th e o th er s id e of 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 a nx i ous l y towards us, and waving hats andhands. 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 once a gleam of light broke from above, aria 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 interpieted 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 I" " 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 beat), the dripping sailors of -the Jesse Stevens, Th e 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 manner, for 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-thrillini, and sublime it has been ray lot to wit ness , an d well h w a o v r e h a ' ll ee w b ea n n 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 IN TELL IGENCE. CITSTOM-HOITSE—MARorr 21. ENTERED INWARDS.—The Lion, from Harlingen ; Mag net, do. ; Ceres, Rotterda m ; M enai, Calais; City of Lon don, Dunkirk ; Concordia, Rotterdam ; Giraffe, do. ; Christiane, Lurvig ; Christian, do. • Ravensbourne, Ant werp • Expedition, Itarstrand ; Triton, ' Krageroe ; Rhine, HamLrgh E m d e n Rotterdam ; Bangalore, Penang ; Catharina, Gorda, Lauvrig. ENTERED OUTWARDS FOR LOADING.—The Ravensbourne, for Antwerp • Pax, Rio Janeiro ; Lucie Arnie, Nantes ; Elspe, Rotter d am ; Les A m i s, Rouen ; Ceres, R otterdam ; City of London Dunkirk ; Menai, Calais ; Frisked, Laun ceston ; Wharfinger, Hamburgh ; Admiral, New Zealand ; Fyenoord, Rotterdam ; Saracen, Portland Bay ; Bavrick, Demerara ; Seine, Boulogne ; 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 Calcutta • Marys, Guern- Boulogne, Boulogne.Ale ; City o f s J e o y h a a n n n d a , Jersey Rotterdam Mentor,; i r a Cape Coas t &s BREMEN, March 1 5. —The Edmund, from Liverpool, which arrived here March 13, got aground on entering the old harbour at B remer -haven, but is not supposed to be dangerously situated. SHIELDS, March 1 7. —The Neptune, of Seaton Sluice, bound to Havre and North America, which took the ground near the Stanhope Drops, came off. NEW YORK, March s.—The Canada, of Queenstown, bound to Havannah, is on shore on Stonehouse Shoal, ten miles south of Tybee. ST. THOMAS, Feb. 9.—The Eucharis, Charleston for Bordeaux, put in h ere, Feb. 7, very leaky, and with loss of sa il s , &c. P VE SSELS SPOKEN WITH. the Caycos The. Fleece, assage Po rt - au-Prince tro Queenstown, Feb. 12, i n The Iceni (b arque) March 3 , lat. 47 lon 10. The Eliza Brown, bound westward, , March 16, off Cape Clear. g. wn The Argentina, hound up Channel, March 17. The Waterlily (barque) Nov. 24, lat. 7 S., l ong . 88 E . 29, The 1 Morning Star, London to New South W a l es, J an , lat. N., lon. The Sovenir, Clyde to 21 w. Pernambuco, Feb. 2, lat. 5 N. long. 24 W. BREACH OF PROMISE OF MARRIAGE. —On Saturday, a very unusual case of breach of promise was tried at the Adck, aged 22, th e only Staff coord Assize s . It was brought by Miss Sarah Ann some position in Birmi ng h am, to recover damages of daughter of a gen tl eman o f Mr. f R The ussell, by reaso n o f hi s failing to make her his wi. 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 the young lady that th e i n t en d e d b r id egroom was i n a state of health which rendered his marriage highly im proper. Medi ca l 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, broke off the match. So far all would have been right, and he would have been perfectly jus tified in his conduct, but unfortunately he continued his intimacy with his intended bride and her family for seve ral months before he intimated his intention of with drawing from the engagement, during which time the marriage preparations were continued. Under these circumstances th e j ury gave a verdict for the plaintiff, with 1001- damages. I..NTES BIRCH V. JOHN GRAY AND GEORGE ATiii.NSON. 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, Q.C., and George Woods Maunsell were counsel for the defendants. 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. IZr. 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 tof 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 w as h ere c h ec k e d b y hi s counsel. Mr. Matmsell—My lord, I object to Mr. Birch making a statement of this kind. Chief Justice--I must object to this on the part of the court. I have made my order. Mr. Kinder—My lord, lam 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 to cases tried in Dublin, and therefore I did not think it necessary to go into any length of abstract. ,ford 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 nile 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 costa 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 ; b u t if it b e lik e 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 comes 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 Prius 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 Court of Nisi Prius, 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. 01: 0 4scoll 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 ugly retu reed. 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 agst Kin g D av id, an 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 lib Mr. E. R. Clarke's c by Napier, out of Cawroush's dam, Bst 71b 4 Mr. H. Lister's Little Jem, Bst 41b 's 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 HANDICAP of 10 sovs. each ; 5 ft, and 2 only declared, with 1001. 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 Leporello, aged, 9st 31b 4 Mr. Trafford nd bg by Little Known, aged, 9st llb 0 Mr. Green's Little George, aged, 9st 41b.. Mr. Kemp's Hope, aged, 9st 41b 0 Mr. Day s Voyager, aged, 9st 51b 0 Mr. Oldacre's Dandy Jem, aged, 9st 10 0 Mr. French's Little Queen, aged lOst 41b 0 Mr. Higginson's Bourton, aged, lOst 51b 0 Betting-7 to 4 agst Bourton, 4to 1 agst Ringleader, 5 to 1 agst Leporello, 7 to 1 each agst Dandy Jem and Voyager, and 12 to 1 agst Bruce. Won easily by a length ; half-a-length between second and third. ciency in the labour market is only partially filled up by the few immigrants who do not go to the dil 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 circu mstances 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 and pestilence. The principal inconvenience felt by new comers is the want of house accommodation. Tie 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 . e bea ti i s uiet no r , e p e r p o e p e o t r . tion an t do the t t h oh e fe e n pr s eoa u f i u n tli g aotn y i oenair will wi t a n ! eressa alrea e dy v adli discover t v h e e r s y m p m b tinh u ic i nr ld ek i ast n ot g eh t aso m tf de , and a great extension and improvement in the city. Mnewkaoneotfidnitehleiebtyuhiaelrrdwiant is . partially supplied by in the outskirts. On a ngs Yarra there is a popula -000 living in tents ; and all around the boundaries () s r ineonf orabt ahlse, city wooden cottages are daily spring ing up.—Melbourne Argus. The SELLING STAKES of 5 sovx. each, and 25 added, one mile, were won by the Gip, beating True Girl. EPSOM AND METROPOLITAN STEEPLE- CHASES. Nominations for the Metropolitan Steeplechase Han dicap ; weights to be published on the 24th inst. : British Yeoman, Quickstep, Peter, Fazeley, H onest Tom, Geraldus, Ringlead er , Th e General, Miss Mo w . bray, The Hero, Viscount, Maria Day, The Unknown, Talisman, Grey Momus, Senator, Shinrone, The Brewer, Forest Lad, Simple Peter, Charlton, Sir Peter Laurie, JarMs, 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 h terre. ACTION FOR LIBEL 4GAINST TRE BXTRA.CTS FROM AUSTRALIAN PAPERS. "FREEMAN'S JOURNAL." • - in the Nev World, wllieli is so rapidly vringing 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, occasion be hospitably entertained." THE SALARY OF THE MAYOR OF MELBOURNE.--The Melbourne Corporation have voted their Mayor 1,0031 as his yearly sal4y. MOREE GOLD FIELD.—On the Moree gold flew, New South Wales, large masses of gold have been found • and it is now systematically 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. 15s. 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 t o b e awar d e d to successful com petitors, exhibiting live stock, samples of agricultural productions, animal products, garden produce, colonial manufacturers, and approved samples of colonial articles, as vegetable oils, candles, and specimens of artistic skill, in leather furniture, typography, litho graphy, paintings, carvings,. and so forth.—Geelong A dvertiser. CHARACTER OF THE POPULATION AT THE DIGGINGS.— The general character of the population at the diggings is that of peaceable and industrous 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 there are often very large gains made, the population is not so steady. A great deal of drunkenness may be • ob served, and disorderly scenes are too common. Many of the public-houses at such places are' in fested with the worst of characters—thiev es and black legs —who prey upon the fools who, having been fdrtu nate enough to get a good hole, squande r th e i r earnings at the grog-sh 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-hopses because he brings them some custom. This genus is termed in California " a loafer." I met a good speciinen on the Meroo. He looked very like a broken 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 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 h a d a c l a i m at Spring Flat. He replied, "No, that he had a 'rattling claim' on the bar below, worth any two th ere , an d he wouldn ' 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 in positions of authority and 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 of the license and the luxury they would enjoy at their usual employment. Besides this, five out of every half dozen I fell in with, were men of at least average intelligence and information, and a great many were men of much shrewdness and common sense. By such persons as these the conduct of the Govern ment 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 manner 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 eien 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 killweedllthaeB goose which laid the golden eggs as well as other people. Gold diggers, too, have breeches pockets a s 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 die present license fee presses on the industry of the miner it is not to be supposed that they can hear, without in dignation, the project of placing an export duty on gold We have r t ot in addition to this fee.—Sydney Paper. SOCIAL CONDITION OF AUSTRALIA.— sufficient data for determining exactly the permane t in crease in the population during the past year, but n ma y be fairly assumed that more than 80 000 souls shores. all quarters of the world have landed on h ohr shores. A great number from the adjacent eoulnoensi their fort utrenpdosinegotfo trreytut wh ether eas f t ul tar b e r e come diggings, f o r andth the purpose bucces . s , not ; but the great majority of tho actual immigrants. The entire popula se tio w n who t a h r e ri o roe lo a t t y e may be stated at the present moment 200,000 souls. This immense influx, while at it an impulse to our progress m has ore gi th v a en n history, has been atte d d the entire community, and unprecedented in colonial n e with much inconvenience to arrived. The appliances o f s e o s o p i e n c l ia li l f l e y h t a o ve p n er o s t o k n o s p. newly e with the ridly increasing population ; nor was it pos sible. Ina young colony, and in circumstances of su4h 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 av er t e d the shock that would be occasioned by the dis proportionate pressure upon the ordinary employments, vast majority of those at the gold fields have settled there for the present, no appreciable proportion of their falling back upon ordinary occupations. Hence, it is evident that the gold field is of indefinite extent, an:d that the labour is generally remunerative. The defi . THE WAKEFIELD MURDER.---The execution of Henry Dobson for the wilful murder of Catherine Sheridan, a girl 19 years of age, in a house of ill-fame a Wakefield, meeting of the Working on the 18th of February, has been fixed for Saturday THE FREE LIBRARY o m P e M,AR C YLEBONE.—At the last inst., at the Central National n Ho on High es t r l e B e t t h , next, the 26th instant, at York. Since his condemned ' tion by Baron Martin on Thursday last the condenarp , Ei Stil o O M Or-ro itt OT, culprit has continued in a callow; and unrelenting Marylebone—Mr. T. Wilson in the chair—the secretary, ' mood. ~' Mr. George , stated that • in consequence of the dis- A CHINESE ARTIST ON FEMALE BEAUTY.—Lumqua is tribution ofl' • Lawrence of China • library,pock itical papers at the meetings of the above and called by Europeans the Sir Thomas s the colour-, by H. D. Griffiths, the Rev. Dr. Spry, rector of and he well deserves that proud distinction, fine,a althoughinformedhim High -stre et ially from ours. In the was no longer at their service (the trustees his idea of female beauty differ meter . . of the same having met, and come to that decision). course of conversation we asked his opinion of an English He (the Rector), however, would allow the committee belle then at Canton, and the reply was characteristic of a to meet once more there, in order that they might take Chinaman's ideas of female beauty. Her face is too round, such steps as jl would prevent their expulsion, sooner than she•has colour in her cheeks, her eyes are too blue, too retire i large ; she's too tall, too, plump, yi yaw ; her face talks respect u of fn othersonourable manner, and thereby insure the (meaning her countenance was expressive), and she has by . showing respect for themselves. The committee unanimously agreed that Mr. Griffiths feet so large that she can walk upon them. In Lum- qua's should atelier we saw many portraits both o f E uropeans h b e expelled the comm itt ee f or the " offence " he and Chinese, many of which were excellent likenesses had giv e n, un l ess he (Mr. Griffiths) expressed contrition and although deficient in light and shade, were executed for such "offence ;" leave being given him to retire with in a most masterly manner.—China and the Chinese, a good grace, as they felt they had a disagreeable task to On the 13th • DIED. [ADVERTISEMENT.J — HoIIoway's Pills for the Cure of perform, and would rather be rid of it. Mr. Griffiths de- N.B, Rode • Inst., at Invergordon Castle, Ross-shire, Asthmatic Coughs, and all Diseases of the Chest and dined either expressing contrition for the diffusion of Lieutenant orfletk Macleod, Esq., of Cadboll Esq , Lord- ' Lungs.—A gentleman named Middleton, of Scotland- useful knowledge, or of retiring for no real cause :hi -; On the 14th i h n e county of Cromarty, aged 67. • . road, Liverpool, states, in a letter to Professor Hone- " offence " was, in giving away copies of " The Home aged 48. et., Me. R. Hart, of 148, New Bond-street, way, dated Jan. 1, 1863, that for upwards of five of his friend Richard Oastler, and papers against taxes on On the 17th in' he suffered severely from asthma, attended with a v'yelars knowledge, which were in accordance with his (Mr. of Lieutenant St., at Moore-street, Ch e l sea A nne , wife !co ent Griffiths') views of the rights of labour. They had, On the 17th • Francis Witham, R.N., aged g 3. cough, which so prostrated his strength and d 1:11 e 1 ltated inst., at Ventnor, Isle of Wight, Mary Clara P his constitution as totally to unfit him for however, Dr. Spry and his friends to please, and the only child of Captain Rippo of the active duties of life. He was attend b any question was whether he (Mr. Griffiths) should be ex- On the 17th in . -- n. y the most pelled or the committee. A long discussion followed, General Sir Robestt,At a t Montague -place, Montague-squar e, eminent medical men, but all failed, to • K.C.H' „ late of the 2d L So g!ve him relief. which ended in, Mr. Cole moving, and Mr. Robertson Guards, aged 84. r rt°ll ' At length he tried Holloway's Pills, and in about three seconding, a resolution for Mr. Griffiths' expulsion months obis wonderful medicine effected , j perfect cure which was carried unanimously—Mr. Griffiths voting n---------------------•------....-- of his his disease, arid restored him to sound a health.—S.old .for his own expulsion, on the ground that it was an LONDON : hinted and Published by 3117RD0 YOrJN, a' by all druggists, and at Professor Hollowa y 's Establish- honour to part with men who had so lost respect for of No. 112, Strand, Printer at The St! Office No . 11 " s t meat, 244, Strand, London, 1 themselves. Strand, in the Precinct of the IL - ' Savoy, re the muter • Iliddleser. Tuesday, Zillah 22, 1851 ' . , - - . • rrA - r - r , - Tr 1! f rtS COLCHESTER —MARCH 19. Prices to-day were as follow :—Wheat, white, 483 to 5611 ; red, 40s to 50s ; barley, 34s to 388 ; oats, 17s to 24 ; beams Mazagan, 30s to 32s ; middle and small, 32s to 38s ; pewit white, 408 to 42s ; grey, 30s to 325. HELISFORD-31Aficrt 18. Prices to-day wee as IV follow :—Wheat, white, old 40s od to 57s Od, new 38s to 55s • red, old 36s to 475, new 31! to 44s ; barley, 25s to 27s ! chey ' alier 31s to 37s ; grinding , 21s to 27s ; malt, 55s to' 56s ; ehe;alier, 55s to 58s ; oats, 19,! to 25s ; peas, partridge, 30s to 35s ; white, 32s to 31! ) : boiling 38s to 41s ; dun, new, 29s to 33s ; beans, tick, 3 - e to 34s ; Harrow ticks, 31s to 36s ; Mazagan, 29s to 325. The following is the official statement of of corn, &c., received in the port of London in Essex, from the 14th to the 19th 2/11 clusive the quantities from the polio mob, both ilr W m m a ~ I Colchester n Harwich Leigh ..... Malden__ 105 1005' 180 983 11005' ;1213 20 1 15 - 124° 82 25 293 194 10v KIRKCALDY —MA RCH 19. The following are the quotations for grain : Wheat. Barley. Oats. I Bea n2l „,s' First Second ~,Od Third 39s Od 278 Od 17 e Od Os Od Oatmeal, per bag of 2801bs imperial, 29. Od to 30. Od. COAL MARK Prices of Coal per ton at t ET—Meacn 21. he close of the market : B. a; s. d. Middle's West Hartley 16- 91Northumberland E ...... 16 16 " : B urnhope lB 6 Ridd e ll Carr's Hartl e y l6 6 Eden Main 19 „ Holywell. ...18 0 Bell l9 0 Howard's West H ar tl ey Belmont 19 0 Netherton 16 3 ; H etton 20 " Longridge's W. Ha r tl e y 16 6 S tewart ' s 20 ° 0 RavensworthW. Hartley 16 6 H arvey Wylam, uns. A- in 6 Sidney's Hartl e y l6 6 Hengh Hall. l6 3 Walker Primrose l6 6 South Hartlepool .. ...-- - 19 6 West Hartley 16 6 South Kelloe 16 9 W ylam 17 3 Whit wor th l6 0 Willington Hartley l6 0 Clavering Tees l7 0 Wall's End, & c . St. Helen ' s Tees 16 0 Gosf orth 18 o.Tees 2O 0 H arton IQ, OiWoodhouse Close . . • .....17 6 Killingsworth E. l7 OlDerwentwater Hartley 1 6 6 Northumberland l7 0 Fothergill's Aberdare .--22 Ships at market 69 I 501 d... ~ 59. RAILWAY SHARE MARKETS. LIVERPOOL—MARCH 21. Sock STOCK EXCHANGE.-LThe business done in railway 0 has been but limited, and at lower prices generally. MANCHESTER —MARCH 21. STOCK EXCHANGE.—There h as b een a good deal of fluctuation in prices, and Sheffield stock, which opened ad - 24, has closed at 30. Lancashire and Yorkshire, an Midland hav e d ec li ne d , th e former 22s 6d, and the la tte r 25s upon Friday's quotations. London and North Wl__ ern are also 20s lo wer . Th e sa l es at the close wercr cl3fl • Eastern Counties, 13 • Leeds, 744- ; Sheffields, 304 ; lands, 74 ; D overs, 231 ; North Staffords, 4 5-16 d. ; 041°. donians, 32 ; London stock, 118. BIRMINGHAM, MARCH 21. STOCK EXCHANGE.—The market has been brisk to-de' and prices were firmer. Shrewsbury and Birmingh stock was done at 64i ; Shrewsbury and Herefords I I " dis. LE—MAReiI 21. STOCK EXCHANGE.—T EDS he market this morning has 'be en again very fl a t, and a general decline in prices has tape d place. Lancashire and Yorkshires have fallen 11., the Midl an d s , 17 s 6d, while the smaller stocks - hsce undergone a similar decline. The following are the closing transactions, the market eloiiing at it s 'weakest point Lancashire and Yorkshire, 75 ex div. ; S ou th Eastern / 0 . ' Dovers, 238 • Northern Counties Unions, 3 dis. • Manc- 11 4 : ter, Sheffield, and Lincolnshires, 29.1; Midland stock, 7' Leeds Northerne, 16 ; York and North Midlands, 294. SEABORNE MAILS. (N signifies that the mails are sent from the General Post- , fi" by the night—and Mby the morning —dispatch.] COUNTRIES. Day when made up From what W.h e -e ; in General Post- Port d a i - Office, London. Disp a t c h e d. F nglo", America(byßrit.pack)N E ver y Friday .... Liverpool ... Arrived America (by United Sts. 1 packet) ........N March 22 -- - - Liverpool ... April 4 • America (by U States packet) .... ••• .N March 28.... •• - Southampton March Australia (via South. ampton) .......... 51 Ith of May ...... Southampton April 4 Ditto (via Marseilles) N dth of May ...• .. Dover .. April 1 Ditto (via Cape of mood Hope) .. .. .......N 2cl of April ...... Plymouth .40 D Vi o u Yrn v tt e h r am °11 .. p h ton ri Africa ( West C . oast)..N 23rd of the month. Alexandria .... .. .. .. N s, 9, 24. &30of m Hover ..• • • afaz,h i 9 Alexandria ... .......M 4th & 20th of mon. Southampton April 4 ::IBahamas ..... .. • ... Al 2nd of the month SouthamptOn Ist 01 D 1 0 Brazil ...•. . 31 9th the month. Sou tuunpton ra 7 A 3.. Ayres.. :. . : :. .. :. .. ....3141 9";l:ll:yft.he. month.. .... Cape of Good Hope ..N 14th of ths month 'Plymouth .. ma rfi r rf:/i i6 7 30 Cape de Verds ......li 14th of Cape of Good Hope .. N 2nd of Aprd •• .. Plymouth .. u ...,1 7 2 5 the month Plymouth •• tar Ceylon (see India) Ceylon .. ...... .. .. N 14th of nth Channel 151e5.... .•• .N M lov pton Tu. Po. • is Mon ~ ed ,BcFrid. 1 4outhain the month Plymouth d Chili... • • • "• • • • • • • • • 3 1 :ci 8417th of month Southampton Arrive China (sea India) • A I SO Constantinople ......N 7,8 , 1 7,24,&27 ofm, Dover .... • • Mar— .. March 26 Constantinople ... • M 4th lk 20th of mon. Southampton pril 4 „., Cont. of Europe Ai & N Twice daily ...... Dover .„ ••• . . pyriced: ; i v Egypt (see India) France .... • • .. 3f & N Twice daily ... .. Dover .. •• • • Gibraltar . •••.. M 4,7, 17, 20, 27 oim. Southampton March 1 Greece (sea India) Greytown .... •.. ... M 2nd & 17th of mon. Southampton arrived , , Ramburgh ...... • • ..N Tuesday & Friday London ...., Toes. a " 1- Havannah - ... ... .. 3.1 2nd of the month Southampton April 1 u r gon•Th i Holland ............ M Wednesday & Sat London -And- Honduras .........M 17th of the month soutbampton A••• a „, India (viaSouthampt.)M 4th & 20th of mon. Southampton March '"' India (via Marseilles)M Bth& 24th ef month Dover Twiced: t ll l , lonian Isles (see India) Ireland ........ M & N Twice dail - .• . . Holyhead ..• rwit.:edi - I nf . Lisbon.-- .• • • • ...M 7,9, 17, &17 of m. Southampton April lb Madeira ...... • • ....M 9th of the month 4 oathampton April, ler Madeira ...... • • .... N 23rd of the month Plymouth Malta (see India) . 24 Malta ...... •• - • •...N 7 ,17,19,27, 30 ern. Dover .. March, • Mauritius (see India) arc h.2l Mauritius .... - • ...N 14th of the month Plymouth Mexico •... • • ••• .: ..M Ind of the month. Southampton tat of lIT. , Naples.. .. . . • • • • • ..N s thihth2sthormon Dover ...... March '"` New Granada .. •..• Al 2d & 17th of month Southampton Arrived New Zealand... .. . .... By private ship .. Various port( Uncerta i n ' : Ao.AppaP_lrilyi 1.,1, Papal States ........N sth 1 s th 2 sthonnon. Dover ..., ~ Afore.'" 2 .. Peninsula .. ... ••... 3f - thlith27thormon Southamton March 20 Peru ...... •• • • ....DI 2d & 17th of mon Southampton Arrival, ; Port Natal .. .. .. ....N 14th of the month elymouth .. march x" Sicily .... .... ....N sthl' th2 s thoftnon, Dover ...... march 2? a Tuscany ........ ....N sth 115 th25thofmon. I)over ...... March 24 ' Venezuela .. .. .. ....AI 2d & , 7th of month • : oathampton Arrived Van Diemen's Land (lee Australia) .... ...... 1 West Indies .... • ... M 2cl& 17th of month Southampton arrival' ISouthampton ATTEUPTED MURDER IN PARIS. --The Court of Assizes e' few days ago tried a young man of good education, ira,inel Roger, empl oye d as corrector of the press' in some the most important establishments of Paris, for au attempt at m ur d er. In the evening of the 14th vember l as t, as a in the Rue Madame Courchinoux a milk-deal et! Vaugi rhaurdr;iedwausp p t r o oc h e e e r d , in a g nd a l on g street, the prisoner cried, • have suffered long enough ! For eighteen days, a eighteen hour s a d ay, I have been waiting f o r yo 11 1 You sh a ll not return home again !" " Do - not tot 1 04 me, or I will cry out I" said the woman, greatly frig lit ened. At t h e same moment she took to fli g ht, but he seized h er, and, drawing a knife, attempted to stab tot in the h ear t. Sh e warded off the blow with her h: and arm, and was wounded in three places. She to the ground. At that moment a passer-by came 11 and rescued her from her assailant. She then iffe nt home, and did not dare to follow. The wounds we not serious. She knew the name and address (if h' er assailant, and h av i ng communicated them to,e police he was soon arrested. It turned out that > reason for committing the crime was that he had c on" ceived a vi o l en t pass i on for the woman, but that she always refused to yield to his wishes. He had beco fo e ecquainted with her through her husband, with wh 0 11 he had long been on friendly terms, and had been so' customed to take his meals in her house. Accord: '7lg to his account, however, he had maintained intimate re lations with the woman, and his reason for attempti Jig to kill her was, that she had had the business (his o' 1/1 1 expression) to make them known to her husband. Tb.e Jury declared him guilty with extenuating circumstaneiN and the court condemned him to imprisonment for si years, with hard labour. In the course of the trial s , oni,e verses of a religious character, which he composed jutit before committing the crime, were read by his advo sate • BIRTHS. OF A SON. On the 18th inst., in Gloucester-place, the Hon. Mrs:. Seton. On the 18th inst., at Mornington-ereacent, Regent': r park, the wife of T. Green, Esq., barrister. OF A DAUGHTER. On the 10th inst., at Stornoway, N.B Captain R. Burnaby, Royal Engineers, ' the wife of MARRIED. - .- On the 17th inst., at Waltham Abbey B arnett,, 112 Hutton Hall, Yorkshire, to Eliza Josephine Ellen, elde ot sort of Co ' lonel of s W ur . vi T v . in ß g arn da e u t g t h , tße°ryoafl ArteloseipilherY;essop, Esq., of Waltha 02 Abbey. On the 12th inst., at St. James's Piccadilly, J .. .A.Ev: Ang, Esq., Captain Bombay Army, E sq . of Dean-house, Oxfordshire, and North Tudden'ilan3f s e a l i d t e o s u t n s . o n o f T. B. Ev Angl Norfolk, to Margaret Eleanor Georgina, fourth dar i gilter of the late Hon W. Fraser, o