The Sun. — London, England, 1840-12-05 00:00:00

1 EDITION. t:113 CHANCERY COURT-(THIS DAY.) NEWMAN V. WILLIAMS.--. 1.1. 7 : 11 .° %ORD CHANCELL OR gave judgment JUDGMENT in this case, -wef t %, opl 4-48 argued before the Court on Tuesday last. The wil l 9 C i tation in the c ase was w h et h er an executor under a It P ' l • tztvtatg been gu i lty o f a d erastavit, was bound to make t . ), i etael, the whole estate having been adminittered, and • d e tltecutor, in respect to the property in which the de etesturit had been cotrmitted, having changed his character (executor to thsi of trustee. His Lordship was clearly ief opinion upon, the authorities, that he was not liable to 4aak e gorAl the def au l t , an d t h erefore that the l egatees must abAte their legacies equally. oar), V. LYON. „ The fu r th er arguments in this part beard case occupied 'ne.Court the whole thy. LLS' COURT.-(THIS DAY ) tifuF. V. NvitErs - cn. k „,cnis was a genera. for want o equity o a "'I!, filed by of the P l .aintiff, Mr T a il3de, claiming the benefit .an alleged cor.tract for the sale to him, by the defendant, at Wildmarsl, Farm, near Faversham, in Kent. PB1: 1 2 41% Klaroaasi.Ev siipp rted the demurr e r, an d M r . - erraTr, N and Mr. FREELING opposed it. d er ;;Q I'IIASTER of the Rou.s (without healing Mr. Kin tispiLeY., itt reply) was o f o pi n i on t h ere was no contract in / 4 .."` .g betw een th e part i es, an d for that reason the de "r ier must be allowed. WILSON V LEONARD. The bill in this case was filed by Thomas Wilson, on qhalf of himself, and all others, the creditors of Dr. Adam li 4 b .arirriek, against Richard Leonard, and other persons the real executo rs or persona l representatives of , 0 1 :: Chadwick, the parties interested in his real estates l ack by his will he had charged with the payment of his ; and th e o bj ect o f t h e bill was to h ave answered out b f ten . assets of Dr. Chad w i c k th e amount w hi c h h a d en recovered in a judgment at lard against those assets. tader t h ese circumstances a Mr. Parkinson, in 1818, al lied a l ease o f a h ouse in Gloucester -terrace, Camden /le, to gentleman o f th e name o f M or d aunt. Mor ton!" assigned over to t h e plaintiff, and the plaintiff agreed l adeninify Mordaunt against the rent, and the covenants e . lease. The plaintiff afterwards assigned to Dr. IQ 1 410 ck in similar tern's. Dr. Chadwick assigned to a per oa.prrned S urtees i n the same manner. Surtees failed to ,7erre the covenantt, contained in the lease, and the con ,lllenee was that a series of liabilities stiecceded, the d; 1 1 1 nal la n dl or d Parkinson, Parkinson s u i ng Mor arid MoreAkint suing the plaintiff. The pinictiff, idh Ch re p re, now sought t o recover f or th e estate o f D r . ta k 4 :: l 'ek the amount of the sum which, under those cir- RitCt n ees %he plaintiff h a d be e n o bli ge d t o p a y, toget h er h i" c Jsts of the suit. C.4BC was not cot.cludcd at the period we went to • ‘IOIVIMON PLEAS.-(THIS DAY.) (Sittings in Bente.) I % HINE, CLERK, V. REV HOLDS, CLERK. l aik ...`ne COURT gave judgmen t in this important case, re- CI to Church pat rou e ge i n the hands of the Corpora shAtlf Bury, an. cle!,reed in the interim, b e f or e sa l e un d er 1 4 ,„Te t nieipel. Ref orm Bill, b y t h e Bi s h op o f Ely. Their Vi e " l 'uiPa did not think it necessary to consider whether the ease th question c ame str i ct l y w i t hi n t h e second Act— t%a ss 0-ilepal Reform. Th e L or d Chi e f Justice, after Lid !it 'lthat the Cou r t cons id ere d t h e l aw on the question, to damages must t h ere f ore b e g i ven for the plaintiff, in Isk," 4lo ages agreed, and the Bishop's nominee must be St t e „ te.d • -ATT.!). THE STOCKTON AND DARLINGTON RAILWAY COMPANY. ilkihl/1 Was an action brought by an extensive coal owner 6.2 merchant, to recover a large sum, the alleged excess 's the l aw f u l to ll s exacted by the Company, for coals t ,ed upon their road. The excess was the difference 1 44 ;veen IV. and 44d. per ton. The facts had been turned a special case, upon a verdict by consent for the plain t, which Mr. Sergeant Channcll obtained a rule nisi le sst art to set aside. The question in dispute was, first, st lDc l• acre defendants ere justified unde r t h e i r Act orporation to charge an additisnial toll for the Le O f a new inclined place, 'made under thother (1;04 s ubsequently cbtaincd for th e pertose ; and, SC -1 1 3'1 whether coals ste;pped et Stockton-upon tett t . 0 conveyed coass.A6u to t o ter tse, 4 be parts of England, k it. _ within the meanis, g e c, , the Stockton and Darlington tli er : f y Act,‘ t - at “P coals for exportation," and were, %e t . or e. , O .Y treat Act exempt from certain tolls to which 14 s hje c i , °° ° 8 "eenveyed to that port upon the railway were Ne t Upon this point a good deal of learned argu ttfet,-esk place upon the heating of the cause, and much tsp: ° ,,,eo Was mads to Johnson, and other English lexi ltessTeers. But the Court was of opinion that such re keti° Was scarcely necessary, and that there could be no k4,.ut that th e p l a i n an d o b v i ous mean i ng o f the word " ex 'tfsa,"`tieri" comprehended th e shippi ng an d car rying awa y ts t - ' 1 „ ills from the port of Stockton-upon-Tees, whitherso ab„"o be conveye d. J udgment upon th i s part o f the ease %Z ., therefore, be for the plaintiff. But the Company ated fairly entitled to increased toll, to remunerate tis t° for the expense of the improved inclined plane, by Da _ ll all traffickers upon their rrilway were greatly accom tett. On this point judgment fur the defendants. 4 ( Sittings at Nisi Prius.) FRANK V. FRANK. LoanstnP, at th e s it t i ng o f t h e C ourt, a d dressed Our!' upon the evidence, contrasting elaborately and at i v , length t h e statements of the witnesses upon whose seeace the decision of the inquest do lunatico in 1825, i ti;4°, the co nt i nue d i nsanity of the Rev. Edward 'livi d ` from the year 1816 to that year, without kt,„b• i ntervals, with t h e ev id ence g i ven in this cause by so ttelktPspectable persons who had known that gentleman ete,,"'ntly throughout that time ; that he war, with the to.lie s " t 'elt of a te w m a p s o i r a ar a y s a e tt r ac u k a a b t ai l . i p o y r s w ia ic t h e: i h n e lB w l a 6 s , p a e n r el . ; s ir his mind Se 4 oe, and fully compC 7 tent to manage his affairs, N. fr B2l, when he became decidedly insane through h ~s4 e cts of improper medical treatment, and other causes, 5a for the Jury, however, t o weigh the 'evid en ce and i kfader how far the testimony of a number of witnesses ktar of the sanity of Mr. Franks were to be taken tr t the direct positive statements of Drs. Wright,i ttw°o, Shepherd, and others, that Mr. Frank was always %ol liit arid during the whole of the alleged period i nso. „ . t e i t...t, 1 41 1 '.eamediately returned a verdict for the plain 41:t rd Frank was of sound mind at the period k deeds and will were executed. Isl gh YD'S SHIPPING—('PHIS DAY.) mit t . o b ", Dec. s.—Wind this day at noon, light south b, breeze, and f ogg y. t1e ty 7 4 t,.., , , DEC. 4 . —Wind N.W., mod erate .—S a il e d th e o e - ! 'rbeelwright, for Antigua; Ann, Burgess, Tobago; leo Zese,D ae i s, St Jobe's • R ut h, Rundall, Sierra Leone. sPooe Fell.. 4 Wind south, light.—Arrived the - 21 d e• f : !4 omMacero • sailed Oct. 24, and Pernambuco i Orwell, WilleUrn, Quebec. S a il e d t h e A ca di a etsr), Miller, for Halifax and Boston. The Argyle, 4 14 4 to Wicklow is on shore on Limbo. The Lady ' 4 1 4 1 Carthew, arrived here from Lisbon, was run foul :64 t lte 27th ult., i n . l at . 44, l ong 9 , b y t h e T allentyre, Il i Sse`', from Bordeaux to the Mauritius, had her boats jtk: ,oat bowsprit, and received other damage, and had 'lO,, even fur the assistance rendered her by the Ohio, ; e 1 1 : 4 Philadelphia, she would have gone down. The t ? 4-h, Willburn arrived ' here from Quebec, was struck i 44 lsf e v Y sea on ' the Mh ult., in lat. lon. 33, which z,4. rudder, stove long boat, swept the decks, and Vi the, vessel to leak ; exp e rienced a succ ess i on o f ltsm"'e,,s since. :ick, °A lß, DEC. 4.—Th e T rave ll er , R usse ll, f rom Li ,et ~4 London, which put in here on the 23d ult., with Stbrenaast, &c. is bencaped in the inner harbour. e t e „~ LtP „ ° , 4 , DEC. I.—The Constellation, of Glasgow, de - mtLY laden with oats, drove on shore near here yes 01.1,2t_tid it is feared the crew are drowned. "as se'?t,rot, Dac. 4•—Wind N. E.—Off port, the Helen, l'o,7'ittrere. i.%/4"1..P10CT1-1, DEC. 4,—Wind N.N. W.—Sailed the L 6 Mitb, for South Australia. I tte 1 ,.. 44 0UTR, DEC. 3.—Off port the Sophia, Bienckcn, Baltimore. Sailed Delight packet, West Indies, irs ul ttliv, DEC. 3. Sailed Thomas Dempsey, Trinidad. lk;tt'eltit,Wheeler,h Jane, Thompson, for Ba- The Daniel arrived Off this port from tke t aduras, reports that the Mona, for Liverpool, was to th e same dare The Eagle I:ad sailed for Chimlico. Mary Broa was to sail from Trinidad on the 24th I,ltleeeher for this port. The Trinidad, Brown, was to 4 1 , 4 ' for Scarcis; and the Mary, Jones, was daily expected BkSeareis. The Barbadoes, for deep River, was to load. NnEkLAND, DEC . 3 .—Arrived the Lotus, Ed war d s , j I Quebec. i ts t A kk ,Wlett, Dv% 4.—The Heise, Chambers, from Stock le "bridon, got on shore on the Gunfleet Sand yester teing and filled ; crew saved. The Thomas and etl r t !' Dodds, from Shields to London, has been assisted 15 %es a!' Dodd With l oss of rudder and leaky, Laving been on 4 % b . 4 , 1 the Guiifleet Sand. s s . " I te i t , DEC. 4.—A vessel's topmast, In feet long, to ilete 9 feet f rom th e h ee l , and a swinging boom, %f t :et' 1 I to ekl colour, 34 feet long, with au iron goose-neck Were pick e d u p on this coast the 4th ult. trt. t se caSUrer Drysdale, after a few remarks upon okSiPse)rtstaennacein o s e r l uti ;: nla t e,g Edinburgh the centre of the Nile, 0 4 e t es and showing how much the sio si t ,„ "IQ proposed line through Fife would t‘k ittm, end, moved that this commun.cat ot !timid be ld ts!t ru l 44 the Lord Provost's Committee, where he would \d I. 15 Pportunity of moving that 50/. should be sub `r°lll the city funds to forward the present scheme. L IN 'st T to.. Courant. Ztio4menloiselle Cerito, who is now making a pro trte 4 , t ear through th e n or th o f I ta l y, has cre a tedjus e t ,lttl t " rore at V e r ona , Af ter h er fi rst performance in 1y" the ho rses were taken off her carriage, and Tagli. 1, - , ° , t 'lt rival was dragged home in triumph. ulie and Duchess of Sutherland are now t s ened: L .g a select circle of friends at Trentham Hall, elegyetre, a — O , m g whom are the Earl and Countess of t s , t h G s tue Hon. and Rev. F. Grey, the Lady Ma lt, e.); the Dean of Lichfield, Hon. J. and Mrs. Tal , s e e.ad e c t Mary Howard, and the Hon. Mr.. i Howard. ei puke an d D uc h ess , with their Lindy, intend ih w e t :eir residence f o r town about th e c l ose o f the pre )) h ov n •---Dcrby R epor t er . ek r.e 4l6 AUTllolls.—Our correspondent at be~eliaThy us that her Royal Highness th e P r i ncess bol'fh°l Saxony, h as j ust p u bli s h e d th e fi rst vo l ume of to toht l ea tre Complet," The proceeds of which are t o b e 21 cm the various benevolent institutions cf the f e ,:ls(Tris volume contains three comedies. Die Umbe ,t, (1.11 Illiterate Lady), in three acts; Die Stiefto'ch tebe St ep.dauffhter) in four acts; and Pflicht and hi q (butr, r- Th first represen -44, ano ssove), in five acts. e Vor e • a bew drama by the Royal and accomplished is d r '', took plaec last week at the 44 t h . ev iit a i n 1L,t is called Der Hauptman lirnewalci (C . apt-4 1 t i kt i o ') It was received with loud expressions, pr and enthusiasm from the audience, REMAINS OF NAPOLEON. We subjoin the official reports of the Commissioners appointed by the French and British Governments to disinter and transport to France the remains of the Em peror Napoleon, with other particulars connected with that interesting proceeding. THE ACT OF DISINTERRING AND DE• LIVERING THE BODY. (AUTHENTIC COPY.) We, the undersigned, Philip Ferdinand Auguste de Rohan Chabot, Chevalier of the Royal Order of the Legion of Honour, Secretary of Embassy, Commis sioner by virtue of powers received from his Majesty the King of the French, to preside, in the name of the French nation, at the disinterment of the mortal re mains of the Emperor Napoleon, buried in the island of Sr. Helena, and at their delivery by Great Britain to France, in conformity with the decisions of the two Go vernments, on one part ; and Charles Cousin Alexander, Captain commanding the Royal Engineers at St. Helena, deputed by his E.zellency Major-General Middlernore, Companion of the Bath, Governor, Commander-in- Chief of the Forces of her Majesty the Queen of Great Britain at St. Helena, to preside in the name of his Excellency at the said disinterment, of the other part. Having first communicated our respective powers, which being found in proper form, we proceeded this day, the latli of the present month of October of the year 1840, to the burial-place of the Emperor Napoleon, in order to observe and personally direct all the opera tions of the disinterment and transferring. When we arrived at the place called Napoleon's Valley we found the tomb guarded, according to his Excellency the Governor's orders, by a detachment of the 91st Regiment of English Infantry, commanded by Lieutenant Barney, with orders to remove every perscn who should not be designated by either of us as havieg a right to assi-t at the operation. The following persons then entered the enclosure round the torals : On the part of the French nation, the Baron de las Cases, Member of the Climber of Deputies, Cnun el!or of State ; the Baron Gourgaud, Lieutenant Ge neral, Aide-dc-Camp to the King ; M. Marchand, one of the testamentary executors of the Emperor's will ; Count Bertrand, Lieutenant-General, accompanied by Arthur Bertrand, hie son ; the Abbe Felix Ccqucrcau, cheplain of the frigate La Belle Poule, and two cho risters i MNI. St. Denis Noverraz and Archambault yeerren, ancient attendants on the Emperor ; M Guyct, Captain commanding the corvette La Favorite ; M. Charnier, First Lieutenant of the Belle Poule ; M. Doret, commanding the brig L'Orestc ; Dr. Guillard, chief surgeon on board La Belle Poule ; and M. Raux, plumber ; And for Great Britain—His Honour the Grand Judge ; Wilde, member of the Colonial Coun cil of the island of St. Helena ; the Hon. Hamelin Trelawny, Lieutenant-Colonel Commanding the Artil lery ; the Hon. Colonel Hodson, Member of the Council ; M. W. Scale, Secretary to the Governor ; Edward Littlehales, commanding the brig Dolphin ; and M. Darling, vtlio had superintended the works at the Emperor's grave. The persons appointed to direct and execute the works were then admitted. Then in our presence, and in that of the persons alone mentioned hereafter, it was ascertained that the tomb remained quite perfect, and the first operations were commenced in the most profound silence between mid.elglE, and one o'clock in the morning. We first caused the iron railing which surrounded the tomb to be removed ; we then uncovered the surface of the tomb to the extent of five metres forty-six centi metres in length, and two metres forty two centimetres in breadth, being composed of three ranges of mason work fifteen centimetres thick, fixed into another foun dation of mason work. This first operation was con cluded at half-past one o'clock. A rectangular wall then presented itself, forming, as we afterwards found, the four sides of a vault, being 11 feet deep, 8 feet long, and 4 feet 8 inches wide. This vault was entirely Ailed with clay to within 6 inches of the mason-work ; after having excavated and removed the earth out of the vault, we came to a bed of Ro man cement ; this bed having been completely unco vered, at three o'clock the undersigned Commissioners descended into th e v a ult, and a scertained that this cement was perfectly unbroken. This cement having been pierced, it was found that this bed covered another bed 10 feet deep, which was bound together with bands of iron, which it required four hours and a half of labour to remove. The extreme difficulty of this operation in duced the undersigned English Commissioner to have a trench dug on the left side of the vault, and to demolish the corresponding side wall, and thus arrive at the coffin, in case the upper bed of cement should oppose too great a resistance ; but this cement having been entirely re moved at 8 o'clock in the morning, the trench was aban doned, after having been dug to the depth of 5 feet. Im mediately under this bed of cement we discovered a co vering of mason-work 6 feet 10ng,3 feet wide, and 5 feet deep, forming, as we afterwards found, the covering of the sarcophagus. This latter masonwork having been carefully removed, everything was ready at half-past nine o'clock to open the sarcophagus. Dr. Guillard then purified the tomb by sprinkling chloride of lime over it. As soon as the flag which covered the coffin was removed by the orders of the undersigned English Commissioner, and that the coffin was discovered, all the persons present took off their hats. The Abbe Coquereau sprinkled holy water and recited the De Proliendis. Tho undersigned Commissioners then descended to examine the coffin, which was found quite perfect, ex cept a small portion of the lower part, which, although it rested on a foundation of granite, was slightly de cayed. After some further sanatory precauti ►ns were taken, an express was sent to the Governor to announce the progress of the works. The coffin was then withdrawn and placed under a tent prepared to receive it, and the chaplain raised the body according to the rites of the Catholic Church. The undersigned Commissioners then descended into the sarcophagus, which they found in a perfect state of pre servation, and entirely to correspond with the official description of the burial. Towards eleven o'clock the undersigned French Commissioner having been assured that his Excellency the Governor had authorised the opening of the coffins, the exterior wooden coffin was carefully removed, when a leaden coffin was discovered, in good preservation, which was placed in the coffin brought from France. His Excellency the Governor, accompanied by the officers of his staff, then arrived at the tent, when the upper part of the lead coffin was re moved with the greatest care, when a wooden coffin ap peared in good preservation, and answering the descrip tion given by persons present at the funeral. The coVer of the third coffin having been removed, a tin ornament, slightly rusted, was seen, which was removed, and a white satin sheet was perceived, which %%as removed with the greatest precaution by the doctor, and Napo leon's body was exposed to view, His features were so little changed that his face was recognised by those who had known him when alive. The different articles which had been deposited in the coffin were found exactly as they had been placed. The hands were singularly well preserved. The uniform, the orders, the hat, were very little changed: His entire person presented the appearance of one lately interred. Tlao body was not expnaed to the external air longer than two minutes at most, which were necessary tor the sargetti to take measures to prevent any alteration ► mot - ding to his in- structions. The tin coffin and the first wooden coffin were imme diately closed, as v. ell as the leaden coffin which was soldered down with the greatest care by Dr. Guillard, and strongly fixed in the new 'ceder' coffin sent from Paris, which was likewise earefully soldered down. The new ebony coffin was then locked, and the key handed to the French Commissioner. The undersigned Eng lish Commissioner then declared to the French Com missioner, that the disintertheht having been completed the remains of the Emperor Napoleon might be consi dered et the disposal of the French Government The Fretth Commissioner replied, thet h *di ready to accept the remains in the titkiii.b of his Government, and was ready, as tea At the other persons of the mission, to actempriey them to James -town, where his Re:, al Highness the Prince de Joinville was reedy to receive them from the Governor, and to conduct them on board the French frigate Belle Poulo, which had been commis sioned to transport them to France. The coffin Was placed upon a funereal car, and covered with an Imierial cloak presented by the French Commissioner, and at half-past tl tae o'clock the procession set out in the following order, under the command of his Excelleney the Go vernor, whom a severe indisposition prevented froiti as sisting at the labours of the peevious night :—The Mi litia Regiment of Bt. Helena, under the command of Colonel Scale ; the detachment of the 91st Regiment of British Infantry, commanded by Captain Blackwell 1 the militia band, the Abbe Coquereau with two cheris , tors, the funeral car moiled by a detachment of the Royal Artillery, the corners of the pall held by Lieu tenant-General Count Bertrand, Lieutenant-General Baron Gourgaud, the Baron de Las Cases, and MM. Marchand, St. Denis, Noverae, Arthainbaelt, Pierron. The French Commissioner tenducted the mourning pre cession, having. the Captains Guyot and Charner, M. Arthur Bertrand, M. Coursot, an old servant of the Em peror, Captain Doret, and Dr. Giiiiiard i the civil and military authorities, according tt their rank ; his Excel lency the Governor, acnompanied by the Grand Judge and Colonel Hodgson, members of theCluneil i o. ea r io ny of the Royal Artillery $ the principal inhabitants of the island, in deep returning. Minute guns were fired during the procP:ssion. When the funeral car arrived at James:Tbwn it dtfiled between two files of the sol diers oc. the garrison with reversed Arms, who lined the town from the entrance to the landing-place, The procession arrived at the extremity of the quay at half-past five. His Royal Highness the Prince de Joinville, aceotuparlied by Captain Hernoux, and sur rounded by the stair of the three French vessels, La Belle Poule, La Favorite, and L'Oreste, received the naperial coffin from the Governor, wh i ch was inune.4i- THE SUN, L ately embarked on board a boat prepared to receive it, and conducted in a solemn manner on board the Belle Poole, where it was received by the Prince with Royal honours. In faith of which we the undersigned Commissioners have drawn up the present memorandum, and sealed it with our arms. Made double between us at St. Helena, this 15th day of October, in the year of grace, 1840. BOHAN CHABOT. ALEXANDER. Witness MIDDLEMORE. The Commissioners, both French and English, agreed that the persons wh• assisted at the disinterment of the Emperor Napoleon should attach their names to this document. BERTRAND. GOURGAUD. DE LAS CASAS. COQUEREAU. ARTHUR. BERTRAND. GUYS r. CIIARNER. DORET. GUILLARD. " Head-quarters of St. Helena Plantation, Oct. 13. " GENERAL ORDER. 4‘ When the operation of the opening of the tomb shall be completed, and the moment the officer com manding the Royal Corps of Engineers shall have an nounced that all the measure s hall have been taken for the removal of the remains of the late Emperor, on a car prepared for the purpose, their disinterment and transfer from the tomb to the quay will take place in the following order, on Thursday, the 15th inst.:— " A detachment, composed of a non-commissioned offiedr and twelve soldiers of the Royal Artillery will be charged with conducting the horses and car ; four near the horses, and eight on the sides of the car. " The detachment of the 91st regiment will draw up, on the Longwood road, by sections of companies, with t heir right at the meeting of the road leading to the tomb. " The regiment of the militia of St. Helena will oc cupy the heights adjoining the tomb, in order to keep off all persons who might impede the operations of the .vorkmen under the command of the Captain of Royal E.igineers Alexander. When the coffin containing the mortal remains of the late Emperor Napoleon shall have been placed on ihe car, the cortege will procued by the road leading to that of Jam: S Town. " A cannon shot will be fired every minute after the departure of the cortege, and the moment the officer sta tioned at High-knoll shall descry it. When the cortege reaches the entrance of the city the artillery of the ram parts of James Town will fire a shot every minute. The tire will cease the moment the cortege arrives on the quay, and when the coffin shall have been embarked in the boat of his Royal Highness the Prince de Joinville the Royal Artillery will fire a salute from the ramparts. " The militia of St. Helena will draw up before the car, and the detachment of the 91st regiment will follow the militia. " The persons who are to assist at the ceremony, and follow the cortege in the name of France, are re quested to take the places assigned to them by Count Philippe de Chabot. All the military, civil, and naval authoi ides of the island are requested to accompany the Major-General. The officers will wear black crape on their left arm. " The officers will place themselves by fours near the last section of the 91st Regiment, the superior officers closing the march.. " An the gentlemen of the island desirous to follow the cortege are invited to attend in mourning. " The cortege will stop at the entrance of the town, and the Regiment of Militia will line the passage, ex tending towards the gate of the ramparts, the men rest ing on their reversed arms. " The 91st Regiment will march through the ranks, and draw up on the ramparts. " The car will pass through the ranks, and go out by the rampart gate. Then the 91st Regiment will form the hne from the seagatc guardhouse, the men resting on their reversed arms, and the cortege will advance tc wards the quay. " The band of the St. Helena Militia will precede the car through the town, playing !Uncial marches. The drums will be muffled. " By order of his Excelleocy nijor-General Middlc more, C. 8., Commander of the Forces. " G. BARNET, Town-Major." SUPPLEMENT TO THE ORDER OF THE DAY OF THE 12TH OF OCTOBER, 1840. " Belle Poulc Frigate, Oct. 14, 1840. " His Royal Highness the Prince de Joinville, com manding the expedition, desirous that the two French merchant-vessels now in the roads of James Town should participate in the solemnity of the removal of the re mains of the Emperor Napoleon on board the frigate Belle Pottle, invites their captains to observe the fol lowing dispositions. " To-morrow, the 13th of October, at eight o'clock in the morning, they will hoiit the miz , ..n fig a tai-conic, and a national flag at each mast, lowered to the cross trees ; the yards will be placed cn pantcunc. They will eros; the yards, hoist their streamers at the same time as the frigate, and leave their colours flying dur ing the whole night. 1 ` On the next day, the 16th, at eight o'clock in the warning the yards will be put en panicunc and the flags lowered half•mast high. " After the funeral service, the yards will be crossed, the wizen flags hoisted, and those of the masts lowered. " The Captains, their officers, and the French cahin passengers on board, are invited to assist at the funeral ceremony of the 15th. They will wear crape on their arms and hats, and take care to be on board before the arrival of the large boat carrying the coffin, and when on board they will order off their boats. " The Captains are likewi,e invited to assist at the ceremony of the 16th, which will commence at ten o'clock ; they may bring with them a deputation of men of their crews dressed in their grand tenue. " By order of his Royal Highness the Prince de Joinville. The Aide-de-Camp on duty, " TOUCHARD." Dr. Guillard (Remi Julien), the surgeon of the Belle Poule frigate, who was present at the disinterment, gives the following account of the state in which he found the body of the Emperor :—" The body of the Emperor had an easy position, the same as when he was placed in the coffin ; the superior members were stretched out, the lower part of the arm and the lett hand resting on the corresponding thigh ; the inferior members somewhat depressed. The head, a little raised, rested on a cushion ; his skull, of ample volume, and his high and broad forehead, were covered with yellowish teguments, hard and very adherent. The orbs of the eyes offered the same appearance, and the upper part was lined with eyelids ; the balls of the e were entire, but had lost somewhat of their vo lume and shape. The eyelids, completely closed, adhered to the under parts, and were hard ; the bones of the nose, and the teguments which covered them, were well preserved ; the tube and the sides alone had suffered. The cheeks were full. The teguments of that portion of the face were remarkable for their soft supple feel and their whitish colour ; those of the chin were slightly blueish, and derived that colour from the beard, which appeared to have grown after death. The chin itself was not in the least altered, and still preserved the character peculiar to Napoleon's countenance. The lips were thinned and asunder, and three of the front teeth, extremely white, were seen under the upper lip, which was slightly raised to the left. The hands were perfect, and did not exhibit any sort of alteration : if the articulations had lost their motion, the skin appeared to have preserved the colour of life ; and the fingers bore long, adherent, and very white nails ; the legs were enclosed in boots, but in con sequence of the threads of the latter being worn, the four last toes were visible on both sides. The skin of those tees Was of a dull white, and the nails were still adherent. The front region of the thorax was strongly depressed in the middle ; the coats of the abdomen hard, and fallen in ; the Members eppeeted to have pre served their shape tinder the clothes which covered thorn. I pressed the left arm, it was hard, and had lost somewhat of its volume." CEREMONY 01. THE 16TH. "In the tbornil the deck Will not be wished. At ten o'clock the staff, Masters, and a deputation of sixty men from each vessel ; will assemble on board the fri gate to assist at the funeral teremony. Each will be stationed in their proper places by M. Touchard, my Aide-de-Camp. After mass, the assistants will with draw, the coffin will be leefered into the chapel, and the service will resume its usual course. "The Pavourite and Orestes will place their yards en prtniettnii, and their flags half-mast high at eight o'clock, and after the beginning of the mass they will fire a cane non-shot every minute, alternately, and so on during the mass. After mast the fire will cease. The moment the body shall have been conveyed into the chapel, the frigate will lower her streamers, and only one flag, lined with crape, will be left at the mainmast. 'Fire other Vessels will then fire a last general salute of their whole artillery, re-hoist the mizen flag, and lower those on the masts. The ofteers will attend the ceremonies attired in their grand uniforms ; their coats buttoned, a blue I ant Moon with lace batads, with crape on their arms, :meet, and hat. The mldehipmen will also be dressed iei t weir grand uniforms, and wear crape on their arms, swords, and hats. " Yhc crc vl o of 4119 beats which are to go ashore will wt dressed in white trousers and shirts, a black hat, with crape on their arms over their shirts ; the rest of the crows will be in their'grand loic, with pilot coats No. 1, white trousers, and a black cravat and hat. " The Ship Captain Commander, " FERDINAND D'ORLEANS." Order of the day of his Royal Highness the Prince de Joinville, dated October 13, 1840 " Exeract of the Journals of the Belle Poule Frigate. "Ou board tire Belle Poole Frigate at. the anchorage off James Town, St. Helena. " The day of the disinterment of the remains of the Emperor having been axed for Thursday, the 15th in , NDON, SATURDAY, _DE stant, the following dispositions will be taken on the oc casion of that gran solemnity : " l. The captains of the vessels lying in the roads, and the corvette, Captain Charner, will repair on Thurs day, at one o'clock a.m., to the place of disinterment,. in order to be present at it*iis a witness. Th ey will afterwards take, in the cortege, the place assigned to them by the King's Commissioner, and on reaching the beach they mll join their respec tive staffs. " Abbe Coquercau, chaptain to the frigate, and Dr. Gaillard, surgeon-major, will place themselves at the disposal of the King's Commissioner ; they will bring with them two men of the crew, who may be necessary for the service. " No other person belonging to the vessels of the di vision will be allowed to go ashore. " It is important to observe that the ceremony about to take place on shore is entirely English, and that ac cording to the orders of the King's Government, we are not to pay the honours due to crowned heads to the remains of the Emperor Napoleon, until they shall ha delivered into our hands, and placed under the French flag. " 2. On Thuriday morning, at 8 o'clock, the vessels will hoist, without firing guns, Ist, the flag of the stern half mast high ; 2d, a national flag at each mast, low ered to the cross bar of ►he gallant tap-mast. " 3. The moment the cortege will leave the tomb, a cannon-shot will be fired every minute by the frigate alone. " 4. •When the coffin reaches the town, the boats destined to receive the remains of t he_ Emperor Na poleon will leave the frigate, preceded by two other boats containing the officers and midshipmen of the frigate ; two boats will then proc?cil from each ves sel, and convey to the shore the officers and midshipmen of those vessels, one officer remaining on board each vessel. One officer and a midshipman will stop on board the frigate. " The large boat will moor,,sv4h the aid of grapples, with its rear to the wh ar f, by which the coffin is to be embirked ; the other boats, after landing the officers, will form into a line, parallel with the quay, ten yards in advance of the large boat, the rear turned towards the quay, the boats of the Belle Po.ulebeing stationed in the centre, those of the Favorite at staAboard, and those of the Orestes at larboard. " The officers will draw up in two lines at the ap proach.of the coffin, and on its passage to the wharf, the band of the frigate, mounted in a boat, will be landed behind the officers. " On the arrival of the coffin, all persons present will uncover themselves ; the rowers will raise their oars, and the greatest silence will be observed. " The coffin will then be taken from :he funeral car, and carried by the crew of the frigate to the large boat, and deposited in the cabin. " The officers will re-embark in the boats in which they went ashore, " In the large boat, Gommander Guyct will place himself i❑ front, and the only persons'admitted into the cabin, near the coffin, will be Generals Bertrand and Gourgaud ; Messrs. Laseases, Marchand, and Chabot, and the Chaplain. I shall be at the • boric with Com mander Hernoux. Messrs. Denis, Archambault, No crax and Peiron, will embark with the officers. " Then the large boat, at the mast of which the Royal flag is to be hoisted, will make for the frigate, preceded by the two boats of the Favorite, flunked by those of the Belle Poule, and followed by those of the Orestes. " Thecortcge will proceed slowly. _ _ "5. When — the coffin shall be descried from the vessels, the latter will carefully watch the movements of the frigate. The moment the coffin shall have stopped on the wharf, the frigate will hoist her - colours, cross her yards, &e., and all the movements of the frigate will be imitated by the others. " The moment the flag shall have been hoisted on the mast of the large boat, preparations to salute it will be made ; when the f:igate shall have hoisted her co:ours, she will lower her flag from the mizen mast ; the other vesse!s will do the same. (The Orestes Will mPke her signal with the fl ig of the main mast.) " The frigate will re-hoist her flag:' The artillery salutes will then commence, the guns being fired in as quick succession as possible, going round the vessel, the tire commencing at larboard ; and when the fire shall reach the three pieces at the head of the frigate, the officer will command the fire in the battery. It is pre ferable to fire two shots at once than leave any inter mission in the firing. The gunners 'will then reload, the flags will be again lowered, and the file recommence; a third salute will be fired in the same manner. " Men will afterwards be sent on the yards, and or dered to look towards the large boat. When it will come near the frigate the men will face the capstan at the word of command, no cries shall beiattered, and the yards and frigate will be stripped of their flags. " 6. On the approach of the large boar the others will make for the frigate, and the officers and midshipmen will go on board by larboard. They will then draw up in two lines at larboard, with their bats on and sword in band, from the coupcc to the catafalque raised on the panael of the dome; Those gentlemen will place them telves according to their rank and ancienty. "On starboard a guard of GO men, commanded by. M. Tanicros (in virtue of a Ministerial order), will pre sent arms, the drums will beat to arms, and the band, &cod to the right of the guard, will play, when the coffin, once on deck, will be carried from `the coupce to the catafalque. The coffin being deposited therein, the officers will sheathe their swords, and, placing them selves behind the capstan, will assist at the absolution. One-half of the guard will proceed to the quarter-deck, on starboard ; the band will take its station on the lu nette ; after the absolutio n the men will break up ; four sentries will be stationed at the corners of the cata falque; the officer of the watch will be dressed in his grand uniform, and the other officers will return to their respective vessels. " The streamers and colours will not be lowered by theo rit frigates, and Owrelisitcehs p w r ie l s l e lw r o v e them all night. The Fa vorite their streamers but keep their colours and their flags a t t h e tops o f the masts. v" The body' will remain th us i n t h e ar d en t e c h a p e l until the next morning : the cleared, and the officer of the wat c h w ill maintain silence on deck." gaillaird d'arriere will be EXHUMATION AND EMBARKA TION OF THE REMAINS OF NAPOLEON AT ST. HELENA. IC t ULARs.) The illessa ( g F e u r, RT in HE s ß aTtatPin4gt iat it is compelled, fur want of . - space., to postpone publishing the official docu ments relative to the exhumation, gives the following na rrative from an eye-witne ss o f the scene • .' The works commenced a t midnight,' and were con tinued without relaxation for up war d s of nine hours. It was feared, that in spite of all the efforts, and the con tinuance of two operations set on foot simultaneously, to reach the coffin, the greater part of the day would elapse before the exhumation would be completed, and that the translation must be put off until the next day, Bat at daybreak all uneasiness on this poiet ceased ' thanks to the able directions of Captain Alexander, and his anxiety to meet the wishes of' the French Com_ missioner. Too much praise cannot bo given to the excellent conduct of the workmen and soldiers under hi s orders, all of whom pursued their labours with indefati gable zeal, seeming to participate in,our feelings by s i • knee and respectful demeanour. At half-past nine in the morning the earth was entirely removed from the vault, all the horizontal strata of masonry demolished, and the large slab which covered the internal sarcophagus de tached, and raised by means of a crane. The cemented masonry work which inclosed the coffin on every s id e, and which, during the nineteen years that have e l apsed since it was built, had suffered no• detriment, had so preserved it from the effects of the. atmosphere and the neighbouring spring, that at first it did not appe a r to be in the slightest de gree injured. mite toefOoph agug in flagstones was perfect, and could scarcely be said to flagstonese damp. As soon its the Abbe Coquereau had recited the first prayers, the coffin was removed with the great est care, and c a r r i e d by the engineer soldiers bare headed into a tent which had been PrnPured for its re ception near the tomb. After the religious ceremonies on the taking up of the body, the , inner coffins were opened, at the request of the King s Co mmissioner, in order that Dr. Guillard might take the necessary ea sures for securing the mortal remains of Napoleon from any further decomposition. The outerinost coffin was s lightly injured ; the leaden cof fin was in good condition a nd inclosed two others—one in wood and the other in t i n —the lids of which were taken off with the greatest care. The last effin was lined on the insid e with white satin, which, having beating° detached by the effect of time, had fallen upon the body, il an- e nveloped it like a windlog :lied, adhering slightly to it. 4, It is difficult to describe with what anxiety, with what emotions, those who were present waited for the mo ment Which wag to Oleos(' to them all th at d eath had left of Napoleon. Notwithstanding the si ngu l ar state of preservation of th e tomb and coflos, t% , could scarcely hope to find anything but some mis wpm remains of the least perishable parts of the costume t o ev i dence the identity. But when , b y the hand of Dr. G u ill ar d , the satin sheet was raised , an indescribable feeling of sur prise and affection was expressed by i , the spectators, most of whom burst i nto tears. The Emperor himself Was before their eyes! T he features of his face, though changed, were perfectly re cognised—the bands perfectly beautiful—his well-known costume had suffered hut little, and the colours were easily distinguished —tile epauletr, the decorations, and the hat, seemed to be entirely preserved from decay—the attitude itself was full of ease, and but for the fragments of the satin lining, which covered rs with a fine gauze se vera l parts of the uniform, we might h ave believed we saw before us Napo leon still extended on a bed of state. General Bertrand and M. Marchand, who were present at th e i nterment , quickly pointed out the different articles which each bad deposited in the coffin, and in the precise p os i t i on w hi c h 51 cy had previously described. It was ev en remar k e d that the left ha nd which General Bertrand had take 1 to kiss for the last tirr e, befortt he coffin was closed Lies still remained slightly raised. Between the legs, near CEMBLat 5, 1840. the hat, were the two vases which contained the heatt and entrails. " The two inner coffins were carefully closed again ; the old leaden coffin was strongly blocked up with wedges of wood, and both were once more soldered up with the most minute precautions, under the direction of Dr. Guillard. These different operations being ter minated, the ebony sarcophagus was closed as well as its oak case. On delivering the key.of the ebony sarcophagus to Count de Chabot, the King's Commissioner, Captain Alexander, declared to him, in the name of the Governor, that this coffin, containing the mortal remains of the Emperor Napoleon, was considered as at the disposal of the French Government, from that day and from the moment at which it should arrive at the place of embar kation, towards which it was about to be sent under the orders of General Middlemore. The King's Commis sioner replied that he was charged by his Government, and in its name, to accept the coffin from the hands of the British authorities, and that he and the other per sons composing the French mission were ready to fol low it to James Town, where the Prince de Joinville, superior Commandant of the expedition, would be ready to receive it and conduct it on board his frigate. A car drawn by four horses, decked with funereal em blems, had been prepared befoie the arrival of the expedition, to receive the coffin, as well as a pall, and all the other suitable trappings of mourning. When the sarcophagus was placed on the car, the whole was covered with a magnificent imperial mantle brought from Paris, the four corners of which were borne by Go nerals Bertrand and Gourgaud, Baron Lascases and M. Marchand. At half-past three o'clock the funeral car began to move, preceded by a chorister bearing the cross, and by the Abbe Coquereau. M. de Chabot acted as chief mourner. All the authorities of the island, all the: principal inhabitants, and the whole of the garrison followed in procession from the tomb to the quay. Bat with the exception of the artillerymen necessary to lead the horses, and occa sionally support the car when descending some steep parts of the way, the places nearest the coffin were reserved for the French mission. Goncral Middle more, although in a weak state of health, persisted in following the whole way on for), together with Gene ral Churchill, chief of the Staff in India, who had ar rived only two days before from Bombay. The immense weight of the coffins, and the unevenness of the road, ren dered the utmost carefulness necessary- throughout the whole distance. Colonel Tr-elawney commanded in per son the small detachment of artillerymen who conducted the car, and, thanks to his great care, not the slightest accident took place. From the moment of departure to the arrival at the quay, the cannon of the forts and the Belle Poulo fired minute guns. After an hour's march the rain ceased for the first time since the commencement of the operations, arid on arriving in sight of the town we found a brilliant sky and beautiful weather. From the morning the three French vessels of war had assumed the usual signs of deep reentering ; their yards crossed, and their flags lowered. Two French merchantmen, Bonne Arnie, and Indicn, which had been in the roads for two days, and put themse_ves under the Prince's orders, and followed during the ceremony all the manoeuvres of the Belle Poule. The forts of the town and the Louses of the Consuls had also their flags half-mast high. " Oa arriving at. the entrance of the town, the troops of the garrison and the militia formed in two lines as far as the extremity of the quay, according to the order of mourning prescribed for the English army. The men bad their arms reversed, and the officers had crape on their arms, with their swords reversed. All the inhabi tants had been kept away from the line of march, but they lined the terraces commanding the town, and the streets were occupied only by the troops, the 91st re giment being on the right., and the militia on the left. " The co;irg,e advanced s!owly between two ranks of soldiers to the sound of a funeral march, while the can nons of the forts were fired, as well as from the Ba.lle Poule and the Dolphin, the echoes being repeated a thousand times by tbe rocks above James Town. After two hours' march the cortege stopped at the end of the quay, is here the Prince de Joinville had stationed him self at the head of the officers of the three French ships of war. The greatest official honours bad been ren dered by the English authorities to the memory of the Emperor—the most striking testimonials of respect bad marked the adieu given by St. Helena to his coffin ; and from this moment the mortal remains of the Em peror were about to belong to France. When the funeral car stopped, the Prince de Joinville advanced alone, and in presence of all around, who stood with their heads uncovered, received in a solemn manner the imperial coffin from the hands of General Mid dlemorc. His Royal Highness then thanked the Go vernor, io the name of France, for all the testimonials of sympathy and respect with which the authorities and inhabitants of St. Helena had surrounded the memorable ceremonial. A cutter had been expressly prepared to receive the coffin. During the embarka tion, which the Prince directed h:mself, the bands played funeral airs, and all the boats were stationed round with their oars shipped. The moment the sar cophagus touched the cutter, a magnificent royal flag, which the ladies of James Town had embroidered for the occasion, was unfurled, and the Belle Poule imme diately squared her yards and unfurled her colours. Ali the mancevres of the frigate were immediately fol lowed by the other vessels. Our mourning had ceased with the exile of Napoleon, and the Francis naval divi sion dressed itself out in all its festal ornaments to re ceive the imperial coffin under the French flag. The sarcophagus was covered in the cutter wish the im perial mantle. The Prince tie Joinville placed himself at the rudder, Commandant Guyet at the head of the boat ; Generals Bertrand and Gourgaud, Baron de Las Cases, M. Marchand, and the Abbe Coquereau, occupied the same places as during the march. Count Chabot and Commandant Hernoux were astern, a little in advance of the Prince. As soon as the cutter had pushed aff from the quay, the batteries ashore fired a salute of 24 guns, and our ships returned the sa!ute with all their artillery. Two other salutes were fired during the passage from the quay to the frigate, the cutter ad vancing very slowly, and surrounded by the other boats. At half-past 6 o'clock it reached the Belle Poole, all the men being on the yards with their bats in their hands. The Prince had arranged on the deck a chapel, decked with flags and trophies of arms, the altar being placed at the foot of the mizen-masi. The coffin, carried by our sailors, passed between two ranks of officers with drawn swords, and 'vas placed on the quarter-deck. The absolution was pronounced by the Abbe Coque reau the same evening. Next day, at ten o'clock, a solemn Mass was celebrated on the deck, in presence of the cfficers and part of the crews of the ships. His Royal Highness stood at the foot of the coffin. The cannon of the Favorite and Oreste fired minute-guns during this ceremony, which terminated by a solemn absolution ; and the Prince de Joinville, the gentlemen of the mission, the officers, and the premiers maitres of the ship, sprinkled holy water on the coffin. At eleven, all the ceremonies of the church were accomplished, all the honours done to a sovereign had been paid to the mortal remains of Napoleon. The coffin was carefully lowered between decks, and placed in the chapelle ardente which had been prepared at Toulon for its reception. At this moment the vessels fired a last salute with ail their ar tillery ; and the frigate took in her flags, keeping up only her flag at the stern and the royal standard at the maintop-gallant mast. On Sunday, the 18th, at eight in the morning, the Belle Poulo quitted St. He lena with her precious deposit on board. During the whole time that the mission remained at James Town, the best understanding never ceased to exist between the population of the island and the French. The Prince of Joinville and his companions met in all quarters and at all times with the greatest good-will and the warmest testimonials of sympathy. The authorities and the inhabitants must have felt, no doubt, great regret at seeing taken away from their island the coffin that had rendered it so celebrated, but they repressed their feelings with a courtesy that does honour to the frankness of their character. • Generals Bertrand and Gourgaud, Messrs. de Chabot, de Las: Cases, Marchand, Arthur Bertrand, the Abbe Coquereatt, and his two acolytes, Messrs. Saint Denis, Noverraz, Pierron, Archambault, old servants of Napo leon, Captains Guyet, Charner , and Doret , a nd Doctor Guillard, Surgeon-Major of the Belle Poule, were alone introduced into the reserved enclosure round the tomb during the operations. The valley was guarded from sunset by a detachment of soldiers of the garrison, who had orders to keep off all persons who were not designated by one lof the C o mmissioners. General Middlemore had appointed for this duty Captain Alexander, of the Engineers. It was this officer who, accompained by five of the principal authorities of the island, received the French C om missioner,.M.de;Chabot, and the other persons sent from France, on the spot of operation!. GOFF'S OAK.--About five miles beyond En field, through Bull's Cross, and about the same distance from the Railroad Station at Waltham, stands on Chcshunt Common, Goff's Oak ; a formidable rival, and, certainly, a survivor, of the far. famed Fairlop Oak, which, not malty years since was cut down in the Forest of Hainault. A respectable public-house is now within a few yards of the oak. The traditionary history of this tree, inscribed under a rude drawing of the oak at the inn, is, that the oak was planted in the year 1060, by Sir Theodore Godfrey, or Goff, who came over with William the Conqueror ; and it is not improbable that some neighbouring lands, called Cuffiey, belonged to this person at that time. The di mensions of the oak arc very considerable, being :20 feet in girth 3 feet front the ground ; the trunk in hollow, and several persons can stand in the cavity which time has made. The venerable tree is not generally known, the drive to the spot is truly . delightful, and few would regret the time spent in its examination, especially in these days, when the accurate knowledge of the ancient and true British oak may lead to a great improvement in the plan tations, forests, and shipping of the United Kingdom.— Mirrer. FORTH AND TAY RAILWAY.--A letter from Messrs. Gordon and Mackay, W. S., was read, requesting the assistance of the Council in the proposed application to Parliament for a Bill to make a railway from the Forth to the Ta v.—Edinburgh Courant. The Earl and Countess of Harrington, and Lady Blanche Stanhope, arrived at Stanhope House, Whitehall, on Thursday, frora Brighton. " THE CHINA SUN." The following is one among a thousand Testimonial to " The China Sun" : TO THE EDITOR OF THE SUN. Stn-" The China Sun" has this evening come to band, which I consider a most splendid production ; and, as a friend of mine wishes to have it, you will much oblige by sending me another per return, for which I herewith inclose Sixpence. Your's, much obliged, Raweliffe, near Doncaster, Dec. 3. W. S. B. ANOTHER SAMPLE. TO THE EDITOR OF SUN. Satz,—l hare received the three Suns. Please to send me three more on Saturday, for which I enclose you Is. 6d. When you publish " The Railway Sun," I should like three of them—Your obedient Servant, Dublin. H. M. LAW INTELLIGENCE. SHERIFF'S COURT, DEC. 4. OHM. CON.-WAKEFIELD V. *OTHERS. This was an action for crina. con. Mr. Phillips and Mr. Clarkson were for the plain tiff, and Mr. Thesiger for the defendant. The damages were laid at 2,000/. Judgment was allowed to go by default. Mr. l'irrwrs stated that the plaintiff was a banker and broker, residing in Old Broad-street, and married in May 1818, the lady who was the unfortunate subject of this trial, and who had been religiously and elegantly ednee.ted. They had several children, two of whom alone survived, daughters, to deplore the wretchedness of their father, and the guilt of their mother. About twelve months ago there was a serious change in the conduct of Mrs. Wakefield her temper became sour and gloomy, and she fell into habits of conatant bickering when remonstrated with by her husband. She was seen fre quently at the windows, but no suspicion was awakened. At last slie determined to abandon her husband and chil dren, and then it was discovered that she had left them for the defendant, with whom she had entered into fla gitious intercourse. Tee defendant had, he believed, something to do with the Stock-market, but he was not aware of the pecuniary circumstances in which he was placed. Tee plaintiff, upon making the discovery, had, as had been :lone upon an occasion which uncle a deep impression upon the public mind, inflicted personal chastisement upon the violator of his honour and peace, whose crime wait aggravated by the fact that he threat ened to injure Mr. Wakefield by the disclosure of com mercial matters in which the latter was ergaged. Mr. Phillips then ellverted to other particulars given in the evidence, and read portions of the lettere, which we pun nets at length. The Learned Gentleman concluded a most eloquent address in the following impassioned terms. And now, Gentlemen. having heard the ease, you are to consider the only questlort open on the pindings—viz. what damages you should give the plaintiff —a plaintiff steeped to the very bps in misery, witlidiet one single im . putatien on his character. Most deeply de I regret ' that an injured husband hes no other remedy than this. Most deeply do I regret the legislative failure of the great Lord Erskine, who tried to make this outrage a criminal offence The needy wretch who steals into your dwelling, and takes your comparatively-worthless dress, forfeits his liberty, it may be his country, it may be his life ; while he who plunders you of your heart's dearest treasure, escapes, if rich, with comparative impunity. Ought this to be so ? The law says it ought, and we must take the law .114 we find it. The law tells you, Gentlemen, you can give no compensation but that ef money. I wish it had been gracious enough to point out the standard by which you are to judge. Where is the criterion— where is the scale by which we can weigh human hap piness against money ? That scale is yet to be in vented. I know, indeed, there is a rule, but it is a moral, not a legal rule, by which you may be guided—l know it is a safe rule, because I feel it is a sacred one —" Ifo as you would be done by." Many of you, no doubt, have the means of -so calculating—many of you, I doubt not, are basking in the light which wedded love, and wedded love alone, can shed—blessed with a home 'to which you return as to a haven from the storms of life, and surrounded by children, constituting at once your present bliss, and creating within you the delightful hope, the consoling thought, that when you shall have passed away yourselves, your memories and your virtues will survive in them. Tell rip, Gentle men—tell me, if you can, what you would take to dis sipate that vision ? What would you take to desolate that home ? What would you take to see dishonour branded upon your partner's brow, and that dishonour reflected on yourselves ? What would you take to see your little children sneered at in the streets as the spawn of an adultress? Do I insult you by the ques tion ? It is no question of trine. It is the law interrogates you—that law which says you shall not punish, but you may give compensation—compensation for what ? For that which defies all the rules of arith metic—for that which outstripped even the imagination of a Shakspeare. When that mighty poet of our nation (I had almost said of our nature) wished to paint a hell, he sketched the state of him " Who dotes, yet doubts ; suspects, yet strongly loves ;" and he could go no deeper. But here is one whose doubts and suspicions have become dire realities, who feels the earthquake of his happiness beneath him—who looks around for one solitary prop to which to cling, and sees every vision he had cherished, every hope he had created, every bliss he had enjoyed, every household deity, dearest and most divine, shattered to atoms, and the hearth where they were worshipped de solated. And these, Gentlemen, you are called upon to compensate. You arc to do more than that —jots are t 3 hear the adulterer tenderly and indulgently—and you arc to listen, forsooth, to his palliations, as if there could be any palliation for a crime that trampled at. once upon law and religion, and destroys man, while it sets his Maker at defiance. Wllat arc these palliations ? It will be said, no doubt, he has violated no hospitality. So might a burglar say who breaks into your house by midnight ; so might the assassin say, prepared to shed your blood. Gentlemen, would you endure in them for one instant the insolence of such a defence ? If this b., a palliation, of how many a murder has the scaffold been the scene? But consider its danger. Are you prepared to proclaim an indemnity to every idle stroller of this great metropolis? Are you prepared to say to him, Sir, you are welcome to speculate on the fidelity of my wife. You are welcome to dog my daughters in their walks—you arc welcome to make the sacrifice of my household sour amusement alwayi, provided you betray no hospitality." Or must we be driven to the reverse of this—must we shut up our houses ? Must we convert woman's world, her home, into a prison? Must we emulate a Turkish barba rism ? Must we convert affection's tic into the chain of the prostitute ? Thank God, we arc not reduced, either to the tyranny or the licentiousness of that alter native. No; we can yet warn the profligate to keep aloof, without infringing one single iota upon the privi leges of Englishman. We can, at least, warn profligacy that if neither honour nor religion can restrain, we shall find a protection in the morality of our Juries—we shall find a safeguard in the bulwark of our laws. Gentle men, one other topic may be resorted to—the weakness of this female may be relied on.. I admit it—l admit it to its fullest extent. Weak, indeed, she must have been when she could have fled her home— that virtue consecrated and that happiness illumined— for the rank sty of an adulterous, degradation. But it is not in the abyss which he has dug for her, that the defendant is to call upon you to estimate her value. No, no, Gentlemen ; it is at a far different period. It is at that period, to which I beg 3 -out attention, when she presided over the maternal hoard, teaching the pre. ccpt she enforced by her example—" blessing and blessed," the lovely centre of a happy circle—lavishing , around her every varied charm that beauty, and genius, , and accomplishment could shed. It is at that period I , ask you to estimate her value—it is at that period I call on you to estimate her husband's loss. If I am asked, then, how with all these perfections has she fallen?—my answer is, let the defendant tell you. lam not skilled in the necromancy of his wickedness. 1 know not by what witchcraft he lured the wife from her husband, the matron from her home. I know not by what, worse than hell-craft, he stole the the mother from her children. I:may conjecture—he can make it certain. Gentlemen, lam not without grounds for my conjecture, and I will tell you unfeign edly and candidly what they arc. I know there has latterly been let loose amongst us a rabid doctrine call ing itself philosophy, which would not only re , solve society into its elements, but reduce those • life, every very elements themselves to ruin ; and of that doctrine, that damnable doctrine, I believe this defendant to be an accomplished professor. Do not take my word for it—you shall hear himself, gentlemen. I have it in his hand-writing, when Mrs. Wakefield no doubt had told him that some of her fe male relatives at Highgate had deplored that loss of natural affection which could have induced her to de- part from her home and children. Hear this Inns's 1 young ladies, it is too gross; answer. " I wiil not venture to express any op i n i on g s a a t i e d that the general expres&ons regarding I tl a v t e h the alwaysiiigh about natural ties, and feelings, and affastions, were a ll humbug. Do you like this word'? It is not elegant, but it is e xpressive, and was a very necessary invention, and an excellent addition to the English language., Did you ever hear any thing so profligate, so revolting,, almost said, so blasphemous as this? Ihad of the law, the u•sdm, I t e"""' I beg pardon of this doctrine ; a ueil its pretensions, and 1 thought the sacrifice ' . altar, and the throne would have satisfied ' foolishly thought so, because history told tr.e uponittis;at and I with human blood, the such ruins, deluged sufficiently foreign socialist was contented to float the ark of his regeneration ; but here is a p o l i silosophy which, enthron ing itself on the fragments holy instinct which binds the mother Gentlemen. every kindredtie it. • gether, every t e o hild the in underneath If this be true, is not satisfied that binds our race to sympathy that sanctifies and gladdens infant at he o r ver brea t s h t a , t a m nd othe b r e , n s ds tomb,tat EVENING EDITrON. are mere delusions. But it is not so—all civi lised, all savage, all animate creation repudiates the blasphemy ! Nature herself rises in revolt against the libel. She appeals not to educated man for its re futation—she appeals to the very tigress fondling her cubs in the recesses of the forest. Can you doubt that it is by doctrines such as these, this unhappy lady has been demoralised? Can you doubt it is by doctrines such as these that thousands are at this imtant tottering on the brink of destruction? You have them for the first time to-day presented by this defendant. I call on you in the name of Christianity to arrest the pesti lence. I call on you in the name of your country, in the name of the yet untainted, to " stand between the living and the dead, and stay the plague." I know not w'aether I have exhausted the tonics of this man's palliation—there is one, perhaps, behind.- It is possible: —it is just possible, he may appeal to his inability to defray the d amages . I hopehe will not. _U he does, I hope it i s b ut a su bt er f uge . Oth erw i se there never was an act of more cold-blooded and crafty self:lne B6 perpetrated than this. What ! will he tell you tc -day that be took this lady from a horse of luxury to pine wt ) him, not only in guil', but in'. ' poverty ? I do not believe it is the case ;: but if it be, and he should make last appeal to you, I then call upon you, gentlemen, to) himbefo r t e h sm affectednniitted o rthe real o poverty him that he sh ou ld h ave ca l cu l ated t h e penalty' it is e o l ( a ' t o o e you t n o t tell for the miseries he has created. I call on you to tell him that if he cannot expiate his offence here, it is your duty, counselled alike by every human and divine autho rity—it is your bounden duty, to provide that he shall carry to more congenial climes the contamination of .his principles, and the peril of their example. He then called the following witnesses : The Rev. John Westwood—l live at Burton in Staf fordshire. I knew Mr. Wakefield from his childhood. I know his wife, and am the clergyman by whom they were married, at old St. Pancras Church, in May, 1818. After their marriage I continued on friendly in timacy with them. Mrs. Wakefield was a lady of great prrsonal attactions, and highly accomplished. Mr. Wakefield al Kays conducted himself as a kind, affectionate, and indulgent husband, and Mrs. Wakefield conducted herself with great propriety and affection. By their marriage they had three chit dren, a son and two daughters. The son dicd—ther eldest daughter is nearly of age. I have seen Mr. fi•dd since this misfortune, and he appears wounded, and his spirits arc depressed, and his mind is excited and agitated. Before that ho always appeared to be a very cheerful man. Cross-examined by Mr. THESIGER.-The family were very old friends of mine. It is eight. or nine years since I stayed with Mr. and Mrs. Wakefield, but I have dined and called repeatedly since. They never quarrelled in my presence. Mr. Waketiel , l is ni m et forty-three years of age, and Mrs. WakAield is about forty. Re-examined.—l never observed anything in their conduct that led ma to entertain the remotest idea that they lived upon other than the most affectionate terms. Mr, Wakefield was not at all a passionate man, but kind and benevolent in his manner. The Rev. John Twycross examined by Mr. PHIL.. LIPS.—I have been acquainted with Mr. and Mrs. Wakefield for eleven years. lam Curate of St. Peter lc-Pou, Broad-street. They were in the habit of at tending my church. I and Mrs. T w y cr os s vt,ry fre quently visited Mr. Wakefield's family, and they . 0 1 5- peered to me to live very happily together. He b;- peared to be an affectionate husband, and she, an affectionate wife. Mrs. Wakefield was a lady of great accomplishments and personal attractions. It is more than three ;'cars and a half since I visited them. I have frsqueutiy dined at the table of Mr. Wakefield. I never saw any in his conduct un becoming the habits of a gentleman, nor any undue ebullition of temper cr excitement. I have seen him since his wife's departure, and he appb.ars to be exceed ingly mentally depressed. Mrs. Mary Twycross examined by Mr. C,LatticsoN. —I am the wife of the last witness. I hay.: b 6 ce on habits of intimacy with Mrs. Wakefield for eleven years. 1 always considered Mr. Wakefieh.. l to be a most affectionate husband, and Mrs. Wakefield a most affectionate and tender wife and mother. Mr. Wakefield is not at all the same man he was, be is greatly altered in personal appearance and mind. Mr. Thomas Alexander Boswell examined by Mr. Phillips. It have a seat called Crawley Grange, in Bucks. I have been on terms of intimacy with Mr. and Mrs. Wakefield, for 14 years. A bout 3 or 4 years ago, I remained at their house fora fortnight. Had 'beet) asked to name a family living on the best terms of affec tion and unity, I should have named theirs. Up to the time of Mrs. Wakefield's departure I saw nothing' to induce tr.e to suppose there was any diminution . of affection. Cress examined by Mr. THEstout—The last time I saw them together was about the close of 1839. When 1 heard of their separation I was struck with astetnish ment and dismay. I believe I heard that Mrs. Wakefield had left her husband's house about February 183 Abut I do not know that it amounted to a separation. Alter that time I heard there was a separation talked of be tween the parties. I heard that they had agreed LO separate in February last, and Mr. Wakefield told me that he had remonstrated very strongly against it, but Mrs. AV. had manifested such a determination op Ilan subject that he had no other alternative. I believe then , was something said of a man of business being called in, but I did not hem- that any papers had been signed:. Re-examined by Mr. PHILLIPs—Up to February , 1840,1 saw nothing in their conduct to lead tug to doubt of their living happily together. Mr. John Hensley-1 am a stock-broker, and am intimately aecruainted wills the plaintiff and his wife. They were in the habit of exchanging visits with my family. In July, 1839, Mrs. Wakefield was staying with us at a place near Henley. Mr. Wakefield was not with us. They always appeared to be very affectionate, and I saw no alteration in their feelings. towards each other up to that time, Mrs. Hensley, the wife of the last witness exa minedbv Mr. PHILLIPS.—WhiIe we were in the country Mrs. Wait-tic:4d appeared to have the s. me affection towards her husband she had always shown. Saw Mr. and Mrs. Wakefieli together about a fortnight before her departure from her husband's house, and tht7 ap peared to be very affectionate towards each other. George Paveley—l entered the service of Mr. Wakefield, on the 11 th of March, 1839. Mr. and Mrs. Wakefield lived very affectionately and comfort ably together, and I never heard or saw any disagree ment between them. That continued up to within three weeks before she left. They frequently had parties. Mrs. Wakefield never went out to a party without her husband or daughter. Eliza Merlo..--I have been housemaid in Mr. Wake leld's family, a year and eleven months. I used also to attend on Mrs. Wakefield and the young ladies. Mr. and Mrs. Wakefield always lived kindly and af fectionately toward each other. George Paveley re-called and cross-examined by Mr. THEtIGER—I booked a place in the Worthing coach on the night of the 6th of February. for Mrs. Wakefield by her direction. She had before directed me to book a place to Hastings, but there was no room in ,the Hastings coach. I corded her boxes and brought them into the hall the snme evening. She left home between eight and nine o'clock the next morning. Her daughters took leave of hcr. Mr. Wakefield left home about ten o'clock that evening, and said he was going to sleep at Mr. Skcy's, and that he would return in the moroing. Mrs. Wakefield's luggage was not brought (lewd till alter he left, and she went away the next morning before his return. Eliza Merle re-called, and cross-examined by Mr. THESIGER—Mr. and Mrs. Wakefield slept together on the night of the sth. Mrs. Wakefield left on the morning of the 7th. The young ladies kissed their mamma before her departure. Re-examined by Mr. CLARKSON—Mr. Skey is Mr. Wakefield's brother-in-law. Mr. Charles Doan—l am an artist. I know Mrs. Wakefield very well. I remember being requested to sketch a pencil portrait of her on the 6th of July, 1839. I sent hcr the portrait within three weeks of that period. , defendant l Jcln Charles i Mr a a n m d a k s n t o o vi ck i - i b is lirokacur,i writing the t l i , Inever saw him write, but b li c a i v i . have acted e n letters letters have received front bins, shown to be in his handwriting. _ _ Cross-examined by Mr. THESIGER-1 bought some Spanish stock fur the defendant about six months ago. l'he speculation was a failure, and he lust about 3001. or .iOO/. by it. lte-r xaniined by tini Mr. CLARKSON—His speculation/ at different ti a month agoi dechned times amounted to 10,0001. Spanish. About wrote to me to. purchase somc Porta guelk;eri. \V but . Edwa r d K no b e l—l am so li c itor for the plain tiff. I remember going on the 23d of April last to a house a t Croydon, in which Mrs. Wakefield was re -8)(1ing. The letters that have been show n to Mr. Morris I got from the possession of Mrs. Wakefield. Cross-examined by Mr. THESIGER—I received about 50 letters ; the first is point of date was the letter of the 7th o f F e bruary. They were tied together with red silk rinand. 1 have heard from Mr. Wakefield that Mrs. Wakefield Igft her home about the early part of 1838, and that she was absent for ten days or a fort night. I do not know ley whose solicitation she re turned. I never hearti that there was a talk of a would separation in 1839. I was never employed by Mr. Wakefield until these procedings. I hoard that Mr. Wakefield had signed a paper. That . memo randumraenslii:ll\ tsi.sHin ,i the hands a n n d ( s i h o o f h a g r e P o r d o c t t o o r t h . at I . have a i v i c e a rndotf:oftm the iuse int i e s nd h o o d t proceedings for the Ecclesiastical Court that Mrs. Wekefield had suggested that . s h e paper, to allow here. I heard Mr. Wakefield tibeiaactrt,lhicebmhuaatdxiatillgle,rien:hdloa, tt b .l y a keep a carriage,‘ - T 1,2 s e a d i a n a c t o income th is e . thatlherie t d l l o l o a e o t:s . h n o a o ul t d y do not know what Mr. w,k ef i t e allo wance. I I was present at the assault on the edldef' very large. The lower part s occupied as offices.