The Liverpool Standard and General Commercial Advertiser. — Liverpool, Merseyside, England, 1840-09-01 00:00:00

The JUDGE then summed up. After some general re nutrks upon th e i mportance of the case, he told the jury, that they must kn ow no di st i nctions in point of right between the noman catholic religion, the religion of the state, or any form of tolerated dissent. All were equal in the eye of the law ; and in the eye of the law all were equally entitled to redress for any injury th ey m i ght have sustained. The plaintiff came before them as a priest of the Roman catholic religion ; and lie sought compensation in damage s a t thei r bands for that which he characterised as a foul libel upon him, imputing to him practices derogatory to his character as a man, and cal culated to injure him as a priest. The learned counsel for the defendant was Wrong when he stated, that in the eye of the law this was not a libel. That Mr. Stowell read the pa per in question, there was no manner of doubt. That was proved, and not denied. The defence suggested was matter of law. The law of the case the jury were bound to receive, and he had no doubt they would receive it from him. He w ould state it as distinctly as he could, and if he made an error, the Court of Queen's Bench would set him right. In the disch arge o f hi s d uty, t h ere f ore, h e told them, that the l, as stated by the learned counsel for the defendant, was entirely wrong. There was no such principle known to our law as that a man might go to a public meeting and read docu ments to the disparagement of the character of another in dividual. God forbid that we should ever live in such a state of society as that. Referring to the evidence of the priest as to certain doctrines of the Roman catholic religion, the learned Judge said there was one answer to which he felt bound to advert. He meant the answer to the question whether it was part of the doctrine of the Roman Catholic church that a priest had poWer to forgive sins. He thought there ought not to go abroad upon one side or the other any prejudice about peculiar tenets, because the witness might not have fully explained his answer. The witness said it was Part of the Roman Catholic doctrines that the priest had Power. to forgive sins according to the words of Christ, and that airy person denying such power was accursed. This was really beside the subject, but he must caution the jury against taking the answer of the witness literally.. He was no advocate there for the Church of Rome—God forbid, if she wanted one, that she should have one so feeble, or so little inclined to her doctri nes as hi mse lf , to advocate her tenets ; but this much he must say, if the jury had asked that gentleman to inter pret a little more minutely what he tneant by saying the priest had power to forgive sins—he did not mean he would give the same interpretation to the words as a Protestant clergy man would, but that it would have approached much nearer to that than the phrase taken literally, appeared to do. So would the words thqt any person denying that power was held accursed. In reference to the subject of damages, his lordship said that when a libel was proved the law implied malice, but in assessing the amount of compensation, the whole circumstances of the case were to be taken into consi deration. Heavy damages ought not to be given against a party who had libelled another without any intention of ma liciously injuring his character. That the defendant had not tone to the meeting •for the deliberat e purpose of traducing the ch arac t er o f M r. H earne, might be inferred from various c ircumstances. All hi% remarks referred to Maynooth. The amount of damages would be a question for the jury ; and be Would conclude by reminding them that it did not appear that the defendant at the time he uttered the libel had any deliberate malice towards the plaintiff, or any intention of injarin,, his character. The Jury then consultd v e r dict and, in the course of a few minutes they delivered a for the plaintiff, damages 408, Previous to the rising of the Court, the Juocr; intimated, that. as the great will cause, Blundell v. Lord Camoys, would commence on Monday, the witnesses in other cases might be di smissed till 'iii . :rs lay. The Jurymen, who resided be ond five miles ftom Liverpool, his lordship also stated, might be relieved till the same day. The Court adjourned about six o'Clock. MONDAY NISI PRIUS COURT.—. TH E GREAT WILL CAUSE.—BLUNDELL V. LORD CADIOYS, (Before Mr. Baron ROLFE and a special jury.) This important cause commenced this day. The Attor- Ile Y - General, Mr. Alexander, Mr. Crompton, and Mr. %Vat- S e , aPpeared in support o the will ; and the Solicitor _ eneral, Mr. Cresswell, Mr. Wighturan, and Mr. Martin, for the alefendant. At six o'clock when the court rose, the ATTORNEY-GENE -4L had not conclude] his opening address. The learned E!ntlema after giving a bare ohtline of the history of the late a lr • Blundell, produced and read an immense mass of cor r!!Pondence between that gentleman and his friends, for the o showing tht for many years pevious to Ireexeutin will in f dispute which was on the 25th r of November, c 1834,g 4 4 _ 11 4 to his death afterwards, he was of perfectly sane mind, n ', l was so regarded by all his friends and associates. to the crowded state of our columns; we are reluctantly '''''LaPelled to withdraw our report of the Attorney-General's - P e ech. as far as it has hitherto proceeded ;. but in our next our readers will find the whole proCeedings. PRESTON AND ITS RAILWAYS. The e n avidity w ith w hi c h th e i n h a bit an t s of P r eston have ,; z ed Upon the swift modes of rans affored by ways is ° ar wn in the f ac t th a t th ere e t now it four lines of rail rail way, in active , cork, in connection with this town, and the traffic in s tel leral has b een sat i s f actory to th e di rectors an d sharehold era,- and the prospects of each are considered as indicating a ieat accession of bu s iness, and, of consequence, of profit to I re proprietors. The North Union Railway was the first • I ne Opened to the public in Preston, and it has not yet been o peration two years. The two dividends already paid to the s hareholders, and the satisfactory report produced at the late meeting in Liverpool, and since distributed to the share ,elders, sufficiently show the great success of this line. The rreston and Longridge Railway is of a different character to most of the lines opened in England, as no steam engines are n ui Ployed, and no locomotive power is required to work it in tThe hat direction in which the hea weights are to be conveyed. main object of this line is vy to bring down freestone from . "ongridg e Fell, where inexhaustible quarries of the finest quality of stone for building purposes may be opened. The L ancaster and Preston Railway forms a link in the chain of that line of communication between the metropolis and the Iwo great cities of 'Scotland, which the Royal Commissioners nave declared to be most worthy of government support. We c ap' in a Lancaster contemporary, a week or two ago, that it was expected that the line from Preston to that town would be one of the most lucrative in the kingdom. With less san guine hopes than our neighbour we yet trust that it will afford k good return of interest upon the capital sunk in the under dertaking. It has the advantage of better gradients than most other lines, and has been formed at much below the average cost per mile. The last one opened, is the Preston 44 (. 1 Wyre Railway, and it is the one that has been, until its ;Pening, the most cooll looked upon. The main businss O! which this line of railway was laid, has not yet begun e to btransacted, and, as much depends upon the use made by ders o f th e h ar b our o f W yse, we s h a ll not spea k upon t hi s nch o f t h e company ' s revenue. Th ere i s one po i nt, h ow- Z i v l :r, to w hi c h we mus t a ll u d e , as s h ow i ng h ow mus h more ..railway has been used for passengers th an it s p rom ot e r s ao Lt eipateti. In the original prospectus the number of per orns, Which the com p a ny ca lc u l a t e d u p on carry i ng , ( exc l us i ve fur Ireland and Scotland, arrangements for which Cve not yet been made,) was, 15,000 annually. The num- C: actually conveyed in the six weeks during which it has ;t! opened amounts to 30,079 !! The facilities for visiting Fleetwood by bathers, and those ,"Ileus to resort for a short time for the benefit of sea air, tilialvde stirred our neighbours of Lytham and Blackpool. To sgen i ..,roln the latter place and the railway-station at Poulton, tl ie . '!"°:es and coaches are daily running in connection with plae trains,„ and, in consequence, this fashionable watering etg,- "" been crowded to such an extent, as to defy the si t , it n o s_t exertions of the inhabitants to accommodate the t r . B ' The disposition shewn by those confined in manu e to the g towns to take the advantage of a summer excursion li g , sea side, when it can be done with so little loss of ;Hit:, has, we h ave h ear d, d e t erm i ne d th e s pi r ited inhabit fro " Blackpool to t urn th e i r a tt en tio n to forming a branch 44(i te the Wyre Railway-station at Poulton, to Blackpool, at e i bear that steps towards this object will be immedi for Y taken. The number of visitors to Lytham this year, s orr _reason s that will be a pparent, has been made less than ha s Y, and the diminution of sojourners to this village b e a,ve learn, called forth a determination that it shall nut an._"-ogether deserted. Arrangements are in progress for tc';'.veying the line of country between Lytham and Kirkham, ita7ersaig the best line of communication between the Wyre I,, y raY and the former place: Both the Blackpool and the fre quently branches will pass over a country where the fre be n Y heavy , expense of embankments, bridges, tee., will 4:voided, an d the cost will of course be comparatively light. °id the se li nes be execute d , we s h a ll th en h ave t h e same meansor, of swift t rans it t o th e s ea s ide—to the new town an d of Fleetwood, the pleasant watering-place of Blackpool, toli• the pretty bathing-village of Lytham—as we now have kr . e great seat of commerce Liverpool, and the vast ern mgli!rn of tnainsfacturea, )Mancliester. As the railway coin lettrileation between all these places will be complete, we n s i Y "Peet that the inhabitants of Manchester and the g h bourhood will the more frequently be tempted to avail ,ssetnselves of a healthful and pleasant trip to the sea side. it i ,: ir l lew projects to which we have alluded are of course in and In fancy, but we shall not fail to mark their progress, • ~,ItY before our readers from time to time such particulars waY interest thein.—Preslon Chronicle. THE REVISING BARRISTERS , 0 The following are the revising barristers appointed in and the several counties, divisions of counties, cities, and ,-,eroughs included in the northern circuit, by Mr. Justice at Liverpool, as the senior judge on circuit, pur "taut to the 3d and 4th; Wm. IV. c. North Riding of Yorkshire—Northallerton, Malton, Scar :Trough, Thirsk, and Whitby : Francis Bayley, Woronzow g, and John Paget, Esqrs. East Riding of Yorkshire. gull, and the city of York Esqrs —Beverley. Kingston-npon- T. S. Brandreth. and J. West Riding of Yorkshire—Richmond, Ripon, and Knaresborough : J. Cottingliam, Robert C. Hildyard, and • Robinson Esqrs.—Pontefract, Huddersfield, Wakefield, Leeds, Halifax, Bradford, and Sheffield, in the West Riding of the county of York : R. W. S. Lutwidge and A. Cleasby, ktqrs. and Sir F. H. Doyle. Northern Division of the county of Durham—Sunderland, south Shields, and Gateshead ; Southern Division of the T;llaty of Durham, and the city of Durham : E. C. Deacon, Marshall, and W. F. Pollack, Esqrs. b orthern Division of the county of Northumberland -.-,,erwick-upon-Tweed, Morpeth, and South Division of the l i lu ntY of Northumberland, and Newcastle-upon-Tyne, and ..itYnemouth : T. J. Hogg, William Blanshard, and B. 11. 441181 1, Esqrs. Omeastern Division of the county of Cumberland and Car ; and W es t ern Di v i s i on o f t h e county o f C um b er l an d , c o?kerrnouth and Whitehaven; C oun ty o f W es t more l an d, IN Kendal; L. J. Venables, Wm. Gray, and C. H. Heigham, —*v s . I 4 n orthern Division of Lancashire—P res t on , Cli t h eroe, an d S' lisaste r : G . H . Wilki nson , S tephen Temple, and Hugh ~Nanhope, Esqrs. urnuthern Division of Lancashire—Liverpool, Manchester, t or : l ham, Salford, Warrington, and Wigan Robert 'Whar t,;' Spencer Horatio Walpole, and G. St. John Yates, clte .e.-- Asliton-under-Lyne, Bury. Bolton-le-Moors, Roth.e, and Blackburn : Henry Lawrence, Esq. ef li k ° ".—The account of the hops in the various districts Tu e -en t is very unfavourable. The Maidstone Gazette of lci nt , B ,,daY gives the apportionment of the duty thronghout the Suphs"Zeri as follows, on the authority of a corresponden t WA- • t £l5 000 • Canterbury, £4,000; 488 e es er Isaac , _ (1 010 !',. 2 000; Farnham-, £700; Worcester, £4OO ; the king a4' ; a total of £22,300. COUNSEL..---TWO gentlemen admitted to the wilt queen's counsel have for the first time taken their . seats Within t he hL' • l during the present assizes. I rar at L ive rpoo l ti le co'legory Lewin was called within the bar at Lancaster 4 eat f,: ter day ; and he has during the past week, occupied the Pre~ierly filled by Mr. (now Mr. Justice) Coltman, and licow n - ' 4B tY by the late Mr. Blackburn. He still wears a stuff With; • Nir. Dundas (M. P. for Sutherlandshire) was-Falled b ortil li the bar last assizes • but at that time he was in the tirst t ; 441 enbust his constituents,' and he took his seat for the_ counsel within the bar on Monday last. The other queen's 'Ateh e elliearing at the present assizes are Mr. Sergeant `-ressweli Mr. Alexander, of the . county palatine), Mr. o, Th e ' Alexander, Mr. Starkie, and Mr.Armstrono. Way th:Jull.letters. from London are now conveyed by rail th ini nut _. entire distance, and ate due to the post-office at ten after nine in the forenoon, instead of a quarter to tit 1 4 ,4 11 the afternoon • Lind - the mail for London leaves Hull fore llnn - Nist four in the ' afternoon, instead of half-past eleven Lo — nd n ori llY this arrangement, Hull is brought a day nearer ,uan formerly. THEATRE-ROYAL, LIVERPOOL, FIRST NIGHT OF THE ITALIAN OPERAS. PRIN : MADAME GRISI, CIPAL SIGNORA PERFORMERS ERNESTA GRISI SIGNOR BRIZZI, AND SIGNOR TAMBURINI. CONDUCTOR-THE CELEBRATED PIANIST, MONS. BENEDICT, Who will preside at thb Piano-Forte. On the Nights of the Italian Operas the Performance wil commence at Eight o'clock. Doors to be opened at a quarter past Seven. THIS present TUESDAY, September 1, 1840, will be presented Rossini's celebrated Opera Seria SEMIRAMIDE, IN TWO ACTS. Arsace.. (Commander-in-Chief of the Army).. Signora E Grisi. Assur.. (Prince of the blood of Belus).. Signor Tamburini Semiramide.. (Queen of Babylon).. Madame Grisi. Satraps, Babylonians, Ladies, and Priests of the Temple , &c., supported by a full Chorus and extra Band. Previous to the Opera, the Original Overture. At the end of the Opera, a Pas de Deux by Mr. and Mrs. J. Ridgway. Overture—" Ii Barbiere di Siviglia."—Rossini, To conclude with Rossini's Opera of IL BARBIERE DI SIVIGLIA, Compressed into one Act, by M. Benedict. Count Almaviva Signor Brizzi. Rossini.. Figaro Signor Tamburini. Mons. BENZDICT will preside at the Piano-Forte. Leader of the Orchestra, Mr. Aldridge.—The Band, on this occasion, will be considerably augmented. In consequence of the great expense attending the engage ment of the above eminent Performers, the Prices of Admis sion, on the Nights of the Italian Operas, will be—to the Lower Boxes, Cs. ; Upper Boxes, 4s. ; Pit, 3s. ; and Gallery, Is. 6d. The Box-office will be open daily, from Ten until Four, when places tbr any of the nights may be taken. On the nights of the Italian Operas, the Performance will commence at Eight o'clock ; Doors to be opened at a Quarter past Seven. TO-MORROW (Wednesday), RICHARD the THIRD, and the MAGPIE OR MAID. On Til URSDAY and FRIDAY, ITALIAN OPERAS. EXHIBITION. WILL. SHORTLY CLOSE CAPTAIN SIBORN'S MODEL OP THE BATTLE OF WATERLOO. THE celebrated MODEL OF THE BATTLE OF WATERLOO is NOW OPEN for EXHIBITION at the GALLERY OF THE UNION ROOMS, Slater stteet, Bold-street. Open from Ten in the Morning till Ten at Night. Ad mission, One Shilling each. TO CORRESPONDENTS We received on Saturday several notes from our country subscribers, complaining that-the Standard of the preced ing day was not received at the usual time. We presume we need not now offer any reason for the delay, but we may observe that for one reader in the country we have a hundred in the town, who would be much more disap pointed were we to omit all mention of a meeting occur ring on the night prior to our publication. We must again request the indulgence of our correspondents. We shall be able to "make up our lee way" as soon as the assizes are over. Zibrrpool ttanDarb. TUESDAY MORNING, SEPTEMBER 1, 1840 By the packet-ship Independence, which arrived here on Sunday, we have received New York papers to the 7th of August, inclusive. They are chiefly occupied with details relating to the presidential election. If we may place implicit reliance upon the statements of the Whig (or conservative) portion of the press, the cause of Mr. Van Buren would appear to be utterly hope- less. In consequence of the non-acceptance by Professor Cleaveland of the appointment of Commissioner, there wouldrbe some delay in the movements of the new commission for the survey of the Maine boundary line. The Augusta Age states that the commission would divide itself into three parties; one to proceed from the headquarters of either the Connecticut or Kennebec, northeasterly along the islands ; another to commence at the Bay of Chaleur, and to proceed southwesterly towards the first party ; and the third party to start from the monument at Mars' Hill, and to proceed northerly to the highlands, and also westerly along the highlands alleged to exist, and claimed, by the British government, to be the true treaty high lands. The Morning Courier and Enquirer gives a very me lancholy account of the distressed state of the manu facturing interest in various parts of the states. In four towns only, in the county of Worcester, Massa chusetts, there were sixty-fbur sets of woollen machi nery, with their appendages, entirely unemployed. The actual cost of these sets of machinery is stated to be 840,000 dollars. Other towns were suffering in the same manner The news from Florida gives accounts of fresh in cursions and renewed acts of hostility' on the part of the Indians. There is no news of any importance from either of the British North American provinces. The commercial transactions at New York, on the eve of the departure of the packet, were to a very limited extent : sterling exchange was quoted at 61 to 7. The Great Western had not arrived at New York up to the evening of the 6th of August. Intelligence had been received at New York from Santa Cruz to the 23d July. The whole country was suffering very much from drought, and the planters on the south side were decided in their opinion that there would be no crops, as vegetatiotiwas completely burned up, and even if the rains should set in soon, it would be too late to revive the eane. The markets at St. Croix were glutted with all kinds of American 'pro duce, and business was at a dead stand, there being no freights for any part of the world, The latest news from New Grenada states, that a fresh insurrection had broken out at Pasto, headed by the leaders of the former one, their object being to annex the province to the Republic of the Equator, the President of which had ordered troops to the fron tiers which adjoin Pasto, for the purpose of giving support to the movement. Against this the govern ment of Grenada had strongly remonstrated. A war between the two republics was likely to be the issue. General Obando was in prison and under trial, as acces sory to the murder of General Sucre, during the time of General Bolivar. The news from Vera Cruz was to the 15th of July. It was stated by Captain Clifford, of the Una, that the Mexican authorities had taken between fifty and sixty American and British seamen, who were found about the coast of California, and had conveyed them as pri soners to a place which he called Tipple, (probably Tepie or Tepeaka.) The affair, it is added, was under going an investigation, under the superintendence of the American and British consuls. Advices from Puertes Verdes, near Metamoras, of the date of July 10th, state that there was much ex citement in the latter place, in consequence of the arri val of a courier, bringing intelligence that the Texians, Mexican Federalists and Indians, amounting to 2,000, were encamped upon the Nueces, and were about to take their line of march for the Rio Grande, their main object being the taking of Metamoras. Preparations were making fir their reception. General Urrea was a prisoner in the city of Mexico. The trial of Hearne v. Stowell, a lengthened report of which appears in our paper of to-day, is one of the greatest importance to a Protestant community, and pregnant with considerations of a peculiarly grave and affecting character. We, therefore, invite an attentive perusal of the whole proceedings, convinced that they are calculated to throw considerable light, not only on the monstrous assumptions of the Romish priesthood, but also on the fatal tendencies of the insidious and semi-infidel principles of modern liberalism. The speech of Mr. Dundas, it will be seen, is per vaded throughout by that indiscriminate sort of charity which recognises no difference between truth and error, but which treats with the .same complacent indulgence all sects and denominations, and every form of faith. We believe that Mr. Dundas is a Protestant —we presuine that he is a member of the Church of England ; but we cannot help expressing our opinion, after making every allowance for the license of counsel, that he even went so f ar as to s i n k t h e a d vocate i n th e partizan, inhis efforts to disparage the conduct of those members of the Church of England, whose feelings in reference to the tyranny of the Popish priesthood are hi unison with those of Mr. Stowell. He really appears as if he did not so much endeavour to vindicate the character of his client from the alleged slander on which the action was grounded, as to clear Popery from those general charges brought against that system Of abominations by those who are zealously affected in the good cause of Protestantism. We grieve that we have to express ourselves in such terms in reference to a gentleman of such distinguished worth and talent. But to pass on. The examination of the Rev. Mr. Crook deserves. an attentive consideration. • • The an-. savers reluctantly given by this true son of the church of Rome, in the course of his examination by Mr. Cresswell, afford a very true picture of the tyranni cal assumptions of that apostate church. When he was asked whether it was a doctrine of the Church of Rome, that the priest has absolute power of absolu tion ? his answer was, " He has the power of forgiving sin, under the words of Christ. That is part of our doctrine." Again, when Mr. Cresswell asked, "Is it part of your doctrine that any person who denies that power is accursed?" the answer was—" Certainly it is." We wish particularly to draw the attention of our readers to these words. They plainly and unequivo cally express the unlimited power of absolution vested in the priest, according to the doctrines of the church of Rome. Mr. Crook does not. contend for a merely declaratory power of absolution, such as the Church of England acknowledges in her ritual. Far from it. There can be no mistake about the matter. Mr. Crook's words are too explicit to give rise to any erro neous impression. Our reasons for insisting upon .. this will shortly appear. Passing over the remainder of the trial, we would next draw attention to the remarks which were volun teered by the learned judge, while addressing the jury. It is with extreme reluctance and diffidence that we advert to anything said by a judge in his judicial capa city ; but when we find observations of a supereroga tory character introduced Into the address of even a judge of the land, the most rigid sense of reverence for the law and ,its administrators need not prevent us from criticising such observations. When we find Baron Rolfe telling the jury that " they must know no distinctions in point of right between the Roman Catholic religion, the religion of the state, or any form of tolerated dissent," and that " all are equal in the eye of the law," 'eve cannot but say that there appears to be something contradictory in this mode of expres sion. The very terms " religion of the state" imply an inequality. But this is of small moment. Of a far graver character are the remarks which fell from the Judge in referenee to that part of the evi dence of Mr. Crook which related to the assumed ower of absolution on the part of the Romish Church. On this point he said—" There was one an swer to which he felt bound to advert. He meant the answer to the question whether it was part of the doc trine of .the Roman Catholic church, that a priest had power to forgive sins. He thought there ought not to go abroad, on the one side or the other, any prejudice about peculiar tenets, because the witness might not have fully explained his answer. The witness said it was part of the Roman Catholic doctrines; that the priest had power to forgive sins, according to the words of Christ,' and that any person denying such power was accursed.' Phis was really beside the subject; but he must caution the jury against taking the answer literally. He (the learned judge) was no advocate there for the Church of Rome. God forbid, if she wanted one, that she should have one so feeble, and so little inclined to her doctrines as himself, to advocate her tenets : but this much he would say, if the jury had asked that gentleman to interpret a little more minutely what he meant by saying the priest had power to forgive sins—he did not mean he would give the same interpretation to the words as a Protestant cler gyman would, but that it would have approached much nearer to that than the phrase taken literally appeared to do. So would the words that any person denying that power was accursed." In thus volunteering an expo sition of Mr. Crook's language, Baron Rolfe has ac tually given rise to an erroneous impression where there was none previously existing. The doctrine of plenary absolution was distinctly set forth by Mr. Crook, as well as the penalty attached to its disbelief. Nothing could be plainer than the language in which his answers were couched. Is it not melancholy to find a judge upon the bench confounding this doctrine, so deroga tory to the honour of the Almighty, with the doctrine held by the church to which he professedly belongs ? But we need scarcely wonder when we hear such lati tudinarian views expressed by one of the judges of the land, when we find so much laxity of principle, and such gross ignorance and perversion of Protestant truth, even from the lips of our whig-created bishops. When we see these things, we cannot avoid exclaiming, Heu ! pietas ! Heu ! prisca fides !" When shall we again see the bench occupied by such men as good Matthew Ilale ? PAYMENT OF RATES.—We are happy to inform OUT con servative readers, that the attendance of the friends of the good cause at he Parish-offices, to pay their rates, has been all that coul d be desired. We have no reason to fear the result of the next municipal election. The offices were open till twelve o'clock last night, at which hour " three cheers" were proposed for O'Connell, which were faintly responded to. " Three groans for O'Connell," and " three groans for Rathbone" were given with effect. "Three cheers for Jus tice to England" were enthusiastically given. DEAFNESS.—We are sorry to have to state that the omission of Mr. Swift's advertisement was an oversight of ours. We regret it the more as it was the occasion of much disappointment both to Mr. S. and his patients. For M r . Swift's time of attendance in Liverpool see his Advertisement in our first page. LORD CHANCELLOR COTTENHAM.--The Lord High Chancellor, Lady Cottenhatn, and suite arrived here from Douglas, on Saturday evening last, by the royal mail steamer Queen of the Isle, Captain Gill. His lordship had been on a visit to his brother, the Bishop of Sodar and Man, at Bishop's Court, for the last week, and was pleased to express himself highly gratified during his short stay in this now fashionable watering-place. On leaving the steamer, his lordship expressed his acknowledgments to Captain Gill for his polite attention during the voyage, and immediately pro ceeded to the Adelphi Hotel. His lordship and family at tended divine service on Sunday morning at St. Andrew's Church. FATAL RAILWAY ACCIDENT.—On Saturday morning last, while a labourer, employed on the North Union Railway, at Euston, near Leyland, was laying or securing a sleeper on the line, a train suddenly came up, and passing over him, dissevered his head from his body. An inquest was held yesterday, on view of the body, and a verdict of " Accidental Dcath, was returned. OVERBEARING CONDUCT OF A POLlCEMAN. — Yesterday an unfortunate Irishman, in very reduced circumstances, who is waiting for a passage to America, was endeavouring to dispose of some numbers of the Penny Protestant Maga zine, and other small works published by the Protestant Association, by exposing them for sale against the old infir mary wall, in this town, when Policeman No. 48 came up, and observing the character of the tracts, tore one of them from the wall, and stamping on it, exclaimed that he would put him in bridewell if he did not immediately remove them. The poor man remonstrated with the policeman, pointing out, hard by, two men, who were, and have been, selling obscene ballads, one batch occupying 46feet space. This was of no avail ; the protestant tracts had to be taken from the wall, and the indecent songs were allowed to remain ! Can this conduct be tolerated in protestant Liverpool ? It may be well to observe, that two policemen and one inspector had previously passed the place without making any remark. THE LONDON AND LIVERPOOL FIRE-POLICE.—METRO POLITAN FlRES.—Notwithstanding the great and valuable efficiency of the London fire brigade, there is one point in which they are sadly deficient—the immediate obtainment of of water. In this respect the Liverpool fire brigade far out strips the London. In Liverpool about 100 men are picked from the police force, and although they do duty the same as their brother police constables, at a somewhat higher rate of salary, they form a very sufficient fire brigade. The stranger in Liverpool is instantly struck by their appearance. Pen dant from a polished brass chain, slung round the neck, is a steel instrument, which at first sight looks like a weapon of defence, but it is in fact a water-key. Hence there is no running to and fro for the turncock—the alarm of fire is spread immediately, and an abundant supply of water is ready long before the engines can possibly arrive. In the great fire at Liverpool in 1838 the value of this brave handful of men, under the control of their able director, Mr. Whitty, called forth the thanks of the whole town. In London the water is locked up—the ladders are locked-010re escapes are locked —and as to the " Society fur Protection of Life from Fire," however good its " intentions," the Spanish proverb is ap plicable. IMPROVEMENTS ON AINTREE RACE COURSE. the affairs of the race-course were placed under the new ma nagement, consisting of a body of highly respectable noble men and gentlemen of this town and neighbourhood, whose names must by this time be familiar to the ears of the sport ing publie, a4mmber of improvements have been effected on and about the racing-ground, not the least of which was the one contiguous to the Grand Stand, which, being enclosed as a betting-ring and promenade, turned out a piece of accom modation highly relished by those who took advantage of it at our last July meeting. In addition to what was done on that occasion for the public convenience, a number of artisans, to the amount of thirty, are now actively employed in con structing an elevation, or gradually ascending ground at the base of the Grand Stand, which will prove capable of accom modating a vast number of individuals. The elevation, which takes its rise from the rails enclosing the race-ground, will be carried up to the extent of thirteen inches, forming a gentle acclivity well adapted for the purpose contemplated, without obscuring or interfering with the arrangements of the edifice to which it will form so necessary an appendage ; this fresh addition will not only much enhance the comfort and conve nience of persons stationed thereon, but will afford them a better view of everything worth seeing in the immediate vi cinity. The whole will be surrounded with a beautiful iron pallisading, of first-rate workmanship and design, and when the work is completed, will form an elegant promenade for the use of the ladies and gentlemen honouring the races with their presence. The road usually devoted to carriages will be stopped up, and one nearer to the stables provided for horses and carriages making the entrance to the ground. A. new carriage way, 24 feet wide, will also constitute another of the meditated changes, which is intended exclusively fur the reception of carriages setting down at the Grand Stand, and to complete the whole, a new starting-post will be placed be hind the hotel stables, which will do away with the sudden turn hitherto considered so dangerous to both horse and rider in the short lengths. Too much praise cannot be awarded to Mr. Lynn, for the indefatigable industry and untiring zeal displayed by him in his endeavours to place the Liverpool meetings on a firm and permanent footing, and to render them in the highest degree attractive to the admirers of this truly English pastime. Liverpool, at no very distant day, must take the very highest rank as a sporting community, if success may be measured by the large amount of patronage guaranteed frcm all quarters. The entry for the St. Leger next year already numbers forty horses, and several other stakes promise uncommonly well. Many of the contemplated prizes for the years 1840 and 1841; are said to be of such mag nitude as to threaten a total eclipse of some meetings taking high ground at the present day.—Chroniele. -Since STATEMENTS IN REFERENCE TO THE PE NANCE ALLUDED TO IN THE CASE OF HEARNE v. STOWELL. The following statements in referenCe to this impor tant case having been handed to us, we have no hesi tation in giving them publicity, especially as erroneous impressions are abroad respecting the nature of the alleged libel and the circumstances under which the Rev. Hugh Stowell has been proceeded against. The subjoined statements of facts, respectably authenti cated as they are, will throw considerable light upon the practices of the Romish priesthood, and tend to exonerate the defendant from that degree of culpability which an imperfect knowledge of the facts of the case might lead many people to attach to his character. It was intended that the testimony of those gentlemen whose names will be found below should be submitted to the judge and jury on the trial; but for some reason they were not called upon to give their evidence. If the following evidence had been adduced we feel con vinced that the case would have assumed a totally dif ferent complexion. It would have proved that the de fendant was fully justified in stating that such acts of penance as crawling on the hands and knees on the public roads or streets are by no means unusual in the Church of Rome. STATEMENTS, &C , - I have lived in various parts of Ireland as a curate of the church of God established in that land, having had charge of parishes in several different counties, and in two different provinces, during a continuou s p er i o d o f more than ten years. I have witnessed—in various parts of the county Sligo, of the county Mayo, and of the county Galway—many hundred persons, members of the Church of Rome, in the act of per forming penances precisely similar to that described in the paper stated to be malicious or libelous. I have seen many hundreds of women, near my own residence, drawing up their petticoats around the lower part of their persons, so as to expose the legs and the thighs naked, in the presence of hundreds of men and women, and then prostrating them selves, and crawling on their naked knees and one hand, and then holding up their clothes with the other hand, and thus crawling around what are called " holy wells" or " stations," till their knees were excoriated by the gravel, or by sharp stones, and the blood streaming along their lerrs. I have also witnessed many hundreds of men in the act of perform ing a similar form of penance on their bare or naked knees, till the blood flowed from the wounds. I have frequently conversed with those persons, and they always described— and never hesitated to describe—such penances as imposed on them by their respective priests, the priests of the Church of Rome; and I have witnessed these performances actually practised, in the county Galway, in the front of the parish priest's windows, at every hour of the day, and on every day of the week, for some weeks together, —so as that it must have been morally impossible but that the priest must have had personal knowledge of the fact ; and I have conversed with a priest and other members of the Church of Rome, in Ireland, and they have asserted to me, and have argued against me, that. such practices, though regarded by me as degrading and indecent, are not only sanctioned by the priests, but are also a useful kind of religion, suitable for so simple and ignorant a population as that residing in the.rural dis tricts of Ireland, as being incapable of appreciating any thing better. These practices, in the most degrading and debasing way, and in the most grossly indecent form, are of such con stant recurrence, that they are a matter of universal noto riety in those districts ; for on some occasions, as on the season called Lady-day,—and in some places, as Balla and Croagh Patrick, and others, of which one was only a few hundred yards from my residence, there are not less than many thousand persons performing such penances in the course of the year. 'M. HOBART SEYMOUR, M.A., Curate of St. George's, Southwark I was, in the year 1836, a curate in the diocese of Tuam, and at a distance of about seven miles from my residence there was a station for the performance of penance, at which I attended for the purpose of ascertaining the character of the penances there performed, and there I saw hundreds of men, women, and children, o►► their bare knees, traversing first a sharp gravel walk, and afterwards a churchyard, co vered with rough flags, unevenly placed. I saw the flags smeared with their blood, and 1 saw the Romish priest of the parish come into the station, superintend it, and pocket the money paid for kissing a wooden crucifix held up by a servant of the priest. This was in the open day, in a public and populous village, about twenty miles from the Popish archbishop's residence, and persons from parishes at least fifty miles distant attended, having been sent by their priests. I have also seen other penances, fully as revolting and de grading as that said to have been enjoined by Mr. Hearne in Manchester, practised at holy wells in Ireland. BRABAZON ELLIS, Minister of St. Paul's Church, Burslem, Staffordshire. I, the Rev. Wm. B. Stoney, saw at Baal, in the county Mayo, in Ireland, on Tuesday the 11th of August, 1840, two women doing penance—they crawled over the stones and gravel of the chapel yard on their bare knees, they appeared to suffer great torture, one of the unhappy women held a string of beads in one hand, with the other she endeavoured to keep her clothes from getting under her bare knees, the sharp gravel and stones must have lacerated her knees. There are two rude monuments round which the Romanists who do the penance run many times bare-footed, repeating over—Hail Mary ! &c. &c. On Saturday the 15th of August, 1840, I saw on the moun tain of Croagh Patrick, a number of Roman Catholics doing penance. There were, as appeared to me, more than thirty persons ; I saw one person who was respectably dressed, crawl on his bare knees along the rough and sharp stones, he crawled thus along a passage into a rude chapel or cairn of stones with great suffering and torture, endeavouring to sup port himself with a stick and help to relieve the weight of his body. I saw at the same time several others on their bare knees, and many running round bare-footed the top of the mountain, about 400 yards of rugged rocky ground. One poor creature had her feet so swollen that she could not put un her boots, for she was a well-dressed and respectable looking person. She tried but failed, and was obliged to go down in her bare feet. Some of the poor devotees complained of the torture, they said the stones and gravel penetrated into their feet ; they go fifteen times round the top bare-footed, or once bare-kneed. Penance doers have their choice, they repeat seven ayes, seven paters, and a creed before they be gin, and on concluding, on their bare knees. Some of the devotees told me that some time before, a Roman Catholic priest was on the m ountain —performed ser vice there, and went through a station. There are two stations for penance, (going up and down the mountain one on each side) where similar rounds are to be gone through, and penances performed on the bare knees; the ascent up to the cove or top of the mountain is exceedingly laborious and difficult, being two miles of up hill, rugged, and distressing. WILLIAM BAKER STONEY, BA., Rector of Castlebar, Ireland. I do hereby certify that I have lived in Ireland for five and-twenty years, and am intimately acquainted with the working of popery, and have witnessed those practices which are similar to that stated to be libellous and malicious in the trial of Hearne v. Stowell. On a visit to the town of Westport, in the west of Ireland, I was induced to go to see the far-famed Croagh Patrick, where penance is performed daily to make satisfaction for sin. On the occasion alluded to I accompanied a pilgrim (a person from my native town) to the top of the mountain, where I saw the aforesaid pilgrim engaged in the perform ance of penance, which consisted of going once round the circumference of the top of the mountain on bared knees, or fifteen times barefoot : the former mode of doing penance was on this occasion adopted by the pilgrim. On my in quiry into the object of this penance, I was informed that in doing this penance she was di sc h arg i ng an obligation im posed on her by her priest on the event of her recovery from sickness. That the above -mentioned pilgrim did undergo this infliction on bared kness, I was and am ready to certify on oath. I can also bear testimony to my having frequently seen the Roman Catholics of Ireland engaged in the practice of doing penance at oue of the so-called holy wells in Ireland, where I have myself seen them in hundreds going round the well, in the performance of such penance, on bare knees, oftentimes kissing the ground over which they were crawling ; and on the completion of the proposed duty I have seen the pilgrims at these wells leave a piece of rag tied to the tree, as a memorial of their pilgrimage. GEORGE FITZGERALD GALAKER, B.A . Curate of Weaverham. I officiated as a Roman Catholic priest in the town of Toomavara, county Tipperary, Ireland, for nine months. During the discharge of my public ministry in that part 'of Ireland, I have seen Roman Catholic men and women, of that town and parish, do penance within the walls of the cha pel of that town, crawling on their hands and bare knees un til the blood actually trickled to the ground. In conjunction with the Romish priest of that parish, I obliged ten or twelve men, Roman Catholics, to do public penance in the open air, bare-foot and bare-headed, for six consecutive Sundays, for having met on a Sunday morning to decide an old quarrel with an opposing party. In the parish of Birr, King's county, Ireland, where I officiated as a Roman Catholic priest during six years, 1 witnessed similar scenes, and subjected both men and women of that parish to penances within the walls of the chapel, until the blood trickled down to the ground. I have witnessed Roman Catholic men and women perform public penance, at St. Shanon's Well, Dronass, county Clare, crawling on their hands and bare knees, on a hard pebbly ground, until the blood trickled to the ground. I have heard of similar public penances performed by Roman Catholics at holy wells in Ireland, where the priests are in the habit of attending, to hear the confessions of these votaries of Romish superstition, and to receive monies for such confessions. I have never heard Roman Catholic priests condemn or raise their voices against such abominable practices. I have seen a late relative of mine, a Roman Catholic priest, bring seve ral of his parishioners to the chapel, bare -foot and bare headed, in white sheets, and with large stones on their heads, for having met on a Sunday morning to decide an old quar rel. These public penances are a part and parcel of popery. These scenes are of such frequent recurrence in Irela n d, th a t even among Protestants they excite no astonishment or sur prise. As a witness on the part of the defendant at the late trial at Liverpool, I most sincerely regret I have not had an opportunity of making this statement. MICHAEL CROTTY, Protestant Curate of Norbury Church, Hasel Grove, Cheshire. RAILWAY TRAFFIC RETURNS LONDON AND BIRMINGHAM RAILWAY. The gross amount for conveyance of passengers, parcels, mails, &c. for the week ending A ug . 22, 1840 Merchandise for the same Cattle £16,86►! 13 9 MIDLAND COUNTIES RAILWAY. For the week ending Aug. 22 : Passengers • 5 3 Merchandise ............................ 157 311 £1,601 9 2 MANCHESTER AND BOLTON RAILWAY. [Length of line, 10 miles.] Traffic for the week ending Aug. 27 Passengers and parcels Goods and c0a15.......................... 148 17 74 £560 2 84 THEATRE ROYAL.—ITALIAN OPERA.--Onr space is 80 limited, that we are obliged to content ourselves with merely directing attentionto the Italian Operas which are announced for performance in the course of the present week, at the Theatre Royal. The vocalists are the first in the world, and we have reason to believe that the management have made arrangements for them to be properly supported in every departweat. We trust that during the three nights of per formance which the bills announce, the house may be so crowded as to induce a re-engagement. GRAND PROCESSION OF THE INDEPENDENT ORDER OF ODDFELLOWS Yesterday, the numerous Lodges of the Independent Order of Oddfellows, of the Manchester Unity, in the Liverpool Dis trict, celebrated their anniversary by a most splendid and very numerous procession through the principal streets of the town, with numerous beautiful flags and banners, and at tended, at intervals, by powerful bands of music. The day was ushered in by peals of bells, and the streets began to present from an early hour an unusual degree of bustle and gaiety in various parts. Flags were displayed from the numerous Lodges ; music was heard in every direction ; the gathering" of the brethren at their various places of meeting, previous to their departure for the rendezvous, was highly animated, and all gave note of preparation for a festi val of no comman magnitude and splendour. No fewer than nine bands of music were employed, and these proceeded respectively to the stations appointed for them in the morning, and thence to the general place of meeting, each picking up several Lodges on its way. The Old Infirmary yard was the general rendezvous ; and there the Lodges assembled,—upwards of one hundred in all. So.numerous, indeed, was the assemblage of members, (exclusively of vast numbers of spectators) that the yard was found inadequate in area to their general muster, and long lines of them stood, waiting marching orders, along Lime street, and also down the Haymarket, and down Shaw's brow. All preliminary arrangements being made, the whole of the Lodges moved off in procession, walking four deep, and following each other as closely as the crowded state of the streets, and the nature of the route, would permit, the bands playing lively airs, the rich regalivr9f the several c l u b s glit- tering - in the sun, and the flags and banners gaily floating in the light airs,—for the day was delightful and sunny, and inclining to calm. The following is a list of the names of the several Lodges in attendance—one hundred and one in number :—The Royal Oak, Peace, Herculaneum, Harvest Home, British Queen, Lord Stanley, Duke of Cambridge, Marquis- of Westminster, True Blue, St. Michael, St, Luke's, Palatine, General Moore, Marquis of Granby, Lily of the Valley, Rose of England, .Briton's Protection, Royal William, St. James's, Bh3oming Rose, Victoria, Mei-sey,'Union, Temple, Nazarite, Tuba!, Hope, Good Intent, John o' Gaunt, Brian Born, British Fleet, Union Temperance, St. Peter's, Duchess of Lancaster, Friendship, DuchesS of Kent, Covenant, Hi bernia Abstinence, George Richardson, Neptune, England's Glory, Countess of Lonsdale, Myrtle, Criterion, Adelphi, Temperance Star, Wellington, St. Nicholas, Buckingham, Harmonic, Bee Hive, Haymarket, Royal Standard, Evening Star, Phoenix, Queen's Own Abstinence, Rising Sun, St. John's, Stranger's Refuge, Mariners', Good Samaritan, Poor Man's Friend, Free Tradesman, Erin's Pride, Vulcan, Happy Return, Prince Albert Eagle, Honest View, Bene volent, Columbian, Duke of Marlborough, Saxe, Coburg, Ark, North Star, Liverpool, Rose of Sharon, Apollo, Cale donia, Nelson, Sons of Freedom, Morning Star, Duke of Sussex, Victoria Abstinence, Duchess of Norfolk, Rainbow, Duke of Norfolk, Mechanics', Lamb of Peace, Olive Branch, Beneficent, Minerva, Orphans' Protection, Trafalgar, Liver, George the Fourth, Philanthropic, John Bull, Oak Leaf, and Amicable. Each lodge had its peculiar flags, banners, and insignia, and many of them were very beautiful and costly. The pro cession was headed by about twelve well-dressed persons mounted, and as many officers of the police establishment, to clear the ground. Each lodge was headed by its warden and principal officers, followed by the members of the lodge, the secretary and others, the flags, &c. being arranged so as to produce the best possible effect. • The order of procession enjoined by the principal officers appeared to have been punctually attended to, and the conse quence was a general display of neatness, and we may add grandeur, rarely, if ever before presented in public by any denomination of benefit societies. The whole of the mem bers were most respectably, and even genteely clad, and com prised many of our first tradesmen, and of the higher order of mechanics. Nearly all of them wore becoming blue sashes edged with white, white silk aprons trimmed with gold or sil ver, or both, and breast knots or flowers. Some few wore red sashes. There were no quaint or gaudy dresses, these being the only ornaments employed, with the exception of the jewels or regalia of the several lodges, and in this respect we heartily commend the good taste of the Odd-Fellows of our district. The regalia and flags were exceedingly rich, and many of them, particularly the former, were new, and displayed much classical and historical taste. The usual motto of the order, " Amicitia, Amor, et Veritas," was frequent. Some of the larger flags, hung from two poles, were secured on small carts, and, from the weight of these ensigns, we would re commend the same plan to be generally adopted in similar processions. It is scarcely possible for - us to particularize the flags and banners that struck us as gorgeous, for they were hundreds in number, including a variety of Scriptural, his torical, and other emblematical representations. There were many beautiful large silk " Standards " of England, and these, as well from our loyalty as our fellow-feeling in no menclature, we must first notice. We noticed, too, " The Good Samaritan," " Adam and Eve," Faith, Hope, and. Charity," portraits of the " Queen," the " Duke of Welling ton," &c., besides many handsome, appropriate devices, coats of arms, &c., with inscriptions. These were beautifully painted and gilded on silk. The insignia borne were superb, consisting of richly gilded large crowns, on cushions, dispen sations, in frames, sceptres, cross, crooks, gilded axes, doves and livers, lamb and flag, on wands, crosses, stars, &c. &c. The small banners and flaps were also handsom e , some o f them carried by well dressehads. The bands were in varied and generally military costume. The rear of the procession was brought up by the officers and committee of the Widow and Orphan's Fund, the committee of management, and the past and present officers of the district, with the various articles of regalia. The principal thoroughfares through which the procession passed were thronged by young and old, and all appeared to be highly gratified. As seen from any one of the widest streets, the appearance of so vast an assemblage of well at tired, respectable, and industrious men, with flags and music, was at once imposing and gratifying. We have not been enabled to ascertain the precise number who -walked ; but from what we could learn and can conjecture, we should say that they amounted to from six to seven thousand individu als of the order. At one time they extended from the top of Seymour-street, up London-road, round the Monument, along Norton-street and Soho-street, and into itiehinolid- row, in an apparently continuous line. • About two o'clock, having made the circuit of the main parts of the town, they again, reached the Infirmary-yard. and thence the several Lodges, with their respective bands, betook themselves to their several Club-rooms, where they sought relaxation from the fatigues of the day in the enjoy ment of that conviviality and good-fellowship whickt is the characteristic of the order. The following verses, written for the occasion with great applause at the Lodge held at Host Fc Tavern, Oldhall-street : ODDFELLOWS' SONG. a, were sung ord's, Eagle iVriftenfrr the Anniversary of the Liverpool District, BY A MEMBER OF THE EAGLE LODGE TUNE—" With a helmet on his brow." 'Neath the banner of his Lodge, In th' Order's bright array, Each loyal brother takes his stand, On this auspicious day. No care in his breast shall mar The music's joyous strain ; But concord, harmony and love O'er all his actions reign. Then let each voice resound, Of age or gen'rous youth, The motto of the brotherhood Is Friendship, Love and Truth. CIIORUS.—Then let each voice, tkc To smooth affliction's brow, And mitigate each pain; To cheer the sad and desolate, Aud the sinking faith sustain ; To tend the bed of death With solicitude sincere ; To heal the widow's bleeding heart, And dry the orphan's tear : These are Oddfeilows' views, In age or gen'rous youth, For the motto of the brotherhood Is Friendship, Love and Truth. Cnoaus.—Then let each voice, &e Like to a giant tree, May these principles be spread. Whose outstretched branches far at Their choicest fruits shall shed ; May their influence benign Extend from pole to pole, To succour the oppressed and weak, And calm the troubled soul. Then let each voice resound, Of age or gen'rous youth, The motto of the brotherhood Is Friendship, Love and Truth. Cnoaus.—Then let each vole STIVAL AT THE CALEDONIA LODGE Among the festivities which characterised the occasion, an interesting one took place at the Wheat Sheaf Inn, where a most excellent entertainment was provided by th e h os t, M r . Entwisle. Upwards of two hundred of the brethren attended. By the unanimous approval of the members, P. Pr. G. M. Williamson, of Warrington, accepted the office of president. The cloth being removed, the chairman briefly adverted to the order of the proceedings during the day. The admirable deportment of the brethren, their cleanly and orderly ap pearance, eliciting from the assembled spectators expressions of the most unqualified approbation—hitherto marked by hostility and reproach—all these things demonstrated that the principles and precepts of Odd-Fellowship were of that char acter and importance which would bind them together and establish them more firmly in the bonds of filial friendship. (Great cheers.) He would propose a toast which he was sure would be in accordance with the feelings of 'every member present. He would remind them that the lady whose name he was about to propose was the daughter of an independent Odd Fellow, viz., the Duke of Kent. He would therefore propose, " Her Majesty the Queen." Three times three Song—" Robin Thompson's Smithie." " The Remaining Branches of the Royal Family by Mr. Parry " Song The CHAIRMAN, after some other toasts and sentiments had been given, stated that some important business was about to' be brought before the meeting, viz., the presenta tion of a testimonial to one of the distinguished officers of the Caledonia Lodge. It was gratifying to him to observe that a testimony of approval for his services was about to be shown to Mr. Percival, and he trusted it would act as an example, and stimulate other brethren to efforts, such as should deserve similar approbation. (Cheers.) P. V. CAIRNS -presented the testimonial in an excellent address to the members. Brother PERCIVAL acknowledged the kind regard that had been manifested towards him, and concluded an energetic speech amidst the most enthusiastic applause. The following was the inscription on a very splendid Silver Snuff Box, which Mr. Percival received :—" Presented by the Officers and Brothers of the Loyal Caledonia Lodge, No. 1432, in the L. D., I. 0. of 0. F. M. U. to P. G. John Percival, as a token of respect for his valuable services. August 31, 1840." HORRIBLE MASSACRE OF THE CUMANACHI INDIANS BY TEXIAN TROOPS. (Prom the St. Lucia Independent Press) The latestTexoifancpuampearndache Indiansetailsanac by a detachment oft of brutal treachery towards a party Texian troops under the Secretary of War, Win. G. Cooke. A. body of the Cumanaches, about 65 in number, arrived at San Antonio, o n th e 16 t h of March, with a Miss Lockhart, a little girl, captured from another tribe about eighteen months ago. The object of the visit, it appears, was to hold a council with the agents of the Texian government for the ransom of their prisoner, and to ascertain if they would be paid for others in their possession. The Indians were invited to a council, but while assembled in the- room, two companies of troops were marched in, and they were all destined to be prisoners. The Indians finding they were betrayed, made a rush to escape, and a fight commenced, which resulted in the death of a number of warriors, principally chiefs, two women, and three children. A small number who escaped across the river were pursued by mounted men, and every one killed but a renegade Mexican. The Texian loss was seven killed and three wounded. The next day a squaw was despatched to request an exchange of prisoners, and it was expected that she would return in four days with the captives. An expe dition was to march against the Cumanaches forthwith. POLICE INTELLIGENCE.-YESTERDAY. CHARGE AGAINST A LETTER CARRIER. Joseph Evans, a letter carrier, employed by the post office authorities, was placed before Mr. Rushton, on a charge of not having delivered a large number of letters in due and proper time after he received them, and detaining the same, to the loss and inconvenience of the parties to whom they were addressed. A number of witnesses were in attend- • . - ance, but only one of th e more prominent cases was gone into. A female stated that she had received three let ters from the prisoner on the afternoon of Sunday week. These were produced. On examination by an officer of the post-office, it was found that two of them bore the post-mark of the 18th of August, and the other of the 22d. These let ters ought to have been delivered previously. Mr. Rushton said that he had made previous enquiry into the case, and that the offence was a misdemeanour, under the act of the I. Victoria relating thereto. In reply to a question from Mr. R., one of the post-office officers stated that the prisoner had de layed delivering other letters to the number of about two hundred. Mr. It. commented on the conduct of the prisoner in having thus interrupted the course ofa large correspondence, to the great inconvenience and probably.in many of the cases to the serious loss of the parties to whom the letters were addressed. The prisoner said in his defence that he had been ill. Mr. Rushton replied, that if such were the fact, he ought to have informed his employers who would h ave found a person to s u pply hi s place. Ile must commit him for trial, for the misdemeanor ; but should meantime release him, on bail being given for his appearance at the sessions, himself in £5O, and two sureties in £3O each. William Davenport and James M'Carthy, two boys, were charged with endeavouring to pick the pocket of a young lady. Mr. H. Evans said, that on Sunday last, he was walking down the Haymarket, near the Old Infirmary wall, when he saw three boys lurking after several persons who were passing, and suspecting they were bent on some dis honest act, he watched them, and following them soon afterwards saw them picket a lady's pocket in Manchester street. He went up and caught the two prisoners. The other escaped. Davenport had before been committed fora similar offence, and was ordered to gaol for three months. The sentence of the other was deferred until enquiry should be made into his character. STEALING A COAT, &C George Johnson, a lad, was charged with stealing a coat froni a stable in Gildart-street, where it had been left by the owner. It was afterwards sold for 10d. to a marine store dealer in Sir Thomas's-buildings. Theprisoner had in his possession when taken a large piece of a lead spout, some grease, &c., and was remanded until inquiry ‘la.s.made with a view to discover the owner or owners. SERIOUS CHARGE OF RAPE AGAINST A SHOP KEEPER OF THIS TOWN. Lewis J. Hart, a shopkeeper in the Crescent, some time a jeweller, but more recently a picture-dealer, was last week apprehended by constable John M'Comb, under a charge of having committed a capital offence in assaulting a female, Mrs. Elizabeth Gordon, sister-in-law to Mr.. Fadenilhe, wine merchant, of No. 114, London-road. The prisoner had engaged Mr. Wilkins, barrister, to defend him, and Mr. Yates, as his attorney. A preliminary investigation took place on Thursday evening, and on Saturday the prisoner was brought up for final examination. Mr. Venables ap peared on behalf of the prosecution, with Mr. Pugh, solici tor. Mr. Wilkins attended for the prisoner, Tlie examina tion was taken at a very great length ; but, as well from the peculiar nature of the case as from the quantity of extraneous matter embodied iu the cross-examination, our report of it must be confined within very small limits. Mrs. Gordon is a married lady. Before her union with Mr. Gordon, the complainant resided with her sister, Mrs. Fadenilhe. Her marriage occurred eight or nine years ago, but, for some reason, she has not lived with her husband one year altoge ther since she was married. She and her daughter, who is now seven years old, have, during her separation from Mr. Gordon, resided with Mr. Fadenilhe. Some time ago, the prisoner went to lodge with Mr. Fadenilhe, at whose house he occupied a drawing-room and bed-room. On Friday morning week, the prisoner went home between one and two o'clock. The door was opened for him by Mr. Faden ilhe, who-offered him a candle, which he declined. He went up stairs to his bed-room, and Mr. Fadenilhe retired to rest. lie had been asleep but a short time when he, his wife, and the servant were awakened by an unusual noise, which lie. a foreigner, described by ejaculating " Oh ! oh !" in a peculiar manner. Mrs. Fadenilhe described it as .cries- of surprise and alarm, and the servant as a loud scream. Mr. Faden ilhe, hearing that the cry came from his sister-in-law's room, proceeded thither. He entered, and saw the prisoner going from Mrs. Gordon's bed. The prisoner was without his coat, waistcoat, or boots, but had his trowsers on. Mr. Fadenilhe asked what the matter was, and Mrs. Gordon replied, " It's Mr. Hart !" He asked the prisoner what lie wanted there, and he replied, that, having had some liquor, he had mistaken his room. Mrs. Gordon told her brother-in-law what had occurred. Mrs. Gordon's account of the affair before the court was, that the prisoner had proceeded to perpetrate his design before she awoke; on finding how she was situated, she screamed mur der, but lie placed his hands over her mo u th, saying, " Now I have you," and, in spite of her struggles, kept possession of her person till a moment or two before her brother-in-law entered. Mrs. Gordon's daughter slept with her, but the child's evidence was not taken. Next morning the prisoner, according to the evidence for the prosecution, sought Mrs. Gordon, and requested her not to bring any charge against him, for it would b e a ser i ous ma tt er . Sh e avoided him. Ile sent several times afterwards, requesting an interview, but she refused to see him. Mr. Fadenilhe went to him and asked him if Mrs. Gordon had consented to his going to her room. He replied, that she had not, upon his honour. Mr. Fadenilhe replied, upon this, " Then you have conducted yourself in my house like a blackguard, and out you must go." The prisoner quitted the house. Information of what had occurred was given to Mr. Dowling, and the prisoner was apprehended. Both Mrs. and Mr. Fadenilhe stated, that they had never observed any improper familiarity on the part of Mrs. Gordon in her conduct towards the prisoner. The lengthy examination of the prisoner's counsel was all put upon the depositions. Mrs.-Gordon admitted that she had once told the prisoner that she was a-widow. She had, it appeared, walked with the prisoner several times, and on treet, on her way tc • - market, she dined with hiM, at the White Bear Inn, Dale street, and, after dinner, sat with him in a private room for an hour and a half or two hours. She also admitted that the prisoner had made her a present of a cap, a bonnet, some artificial flowers, a collar, and a ring. He had offered her a watch, which she refused to accept. At the conclusion of the examination by Mr. Wilkins, Mr. Venables rose and said, on the part of the prosecution, he should now ask the magistrate to commit the prisoner, as the charge of rape had been fully substantiated. Mr. Venables was proceeding to show, that all the evidence which the law required to make out such a charge had been brought forward, when Mr. Rushton in terrupted him and said, as he was entirely of the same opinion, he would spare the learned counsel the trouble of proceeding any farther with his remarks. - Mr. Wilkins said, he hoped that he should not be thought arrogant, if he ex pressed his hopes that he should be able to change that opi nion. Mr. Wilkins spoke at great length. He laboured to impress on the magistrate the view which, he said, he took of the case, which was, in effect, that the lady had allowed the prisoner great favours and familiarities, and that he had been with her on the morning in question by her full con= sent. The cries which had been heard, he contended, were not those of alarm, but, when they had disturbed and brought down her brother-in-law, she had then endeavoured to hide her own guilt and shame. Mr. Rushton interrupted the learned counsel at this part of his speech, observing, that perfect accuracy required him to state, that the cries had awakened every person in the house. Mrs. Fadenilhe de scribed them as cries of alarm and surprise ; the girl, as a great shriek ; and Mr. Fadenilhe as the sobbings of a person abused. Mr. Wilkins dwelt on the presents which had been received; and said, in conclusion, that if the magistrate still thought it necessary to commit the prisoner, he hoped . he would, at least, admit him to bail, and, when he appeared be fore a jury, he did not despair of getting him acquitted. Mr. Rushton said, he did not know any one who might, with greater confidence, speak of getting a prisoner acquitted than Mr. Wilkins ; but, for his own part, he had one solemn and important duty to perform, and he could not, with such evidence as that which was before him, suffer the prisoner to go at large. Mr. Rushton recapitulated that part of the evidence and the corroborative circumstances which press most against the prisoner. This was a capital charge, and he could not take upon himself the responsibility of ad mitting the prisoner to bail. There was one of the learned Judges in town, and, if they thought proper to apply to him, and he thought, on an examination of the depositions, that it was a proper case in which to allow the prisoner to be at large, it would relieve him of a very heavy responsibility. Mr. Wilkins said, there was a person who kept an inn, in Dale-street, who had absconded, and all the servants were away. They wished to have these servants as witnesses. lie wished Mr. Rushton to fix another day for hearing their evidence, and, in the mean time, to further remand the pri soner. It appeared that Mr. Wilkins wished to produce evi dence to show, that, when one of the servants had tried the door of the room in which the prisoner and Mrs. Gordon sat, at the White Bear, it was locked, which was denied by the latter. Mr. Rushton intimated, that, if such were. proved, it would not alter his opinion on viewing the whole case. It was intimated, that an application would be made to Baron Rolfe to liberate the prisoner on bail. The prisoner, having been cautioned in the usual manner, was asked what he had to say. He replied, " I leave the case in the hands of my barrister." The recognizances were taken in £lOO, that each of the witnesses should appear to give evidence against the prisoner at the next assizes. Mr. Yates applied for a copy of the depositions, which were ordered to be made out and delivered forthwith. Mr. Yates requested to be allowed to have access to the prisoner. Mr. Rushton said, in order that this request might be complied with, he would not sign the commitment until Monday. Mr. Wil kins said, the prisoner's father was on his way from London to see him, and he hoped he. might be allowed to have access to him when he arrived. Mi. Rushton said, he might see him in the presence of an .officer. Mr. Rushton took occa sion, in the course of the proceedings, on some observations from Mr. Wilkins, to compliment Mr. Fadenilhe very highly on his conduCt thrthighout this affair. DESTRUCTIVE FIRES IN LONDON.—On Thursday morn g two most destructive fires broke out. It is said property the amount of £70,000 has been destroyed. The first !curred at twenty minutes to two, in the upper floors of ie warehouse of tiore's Wharf, East Smithfield, adjoining ie entrance to the London Docks. The watchman on duty scovered the fire by a great blaze in the fifth story, which as filled with inflammable goods, such as oil, turpentine, hisk.._ roach. R.r• TL.-. Car )ll hay entni. man Le swing bridge, who informed the police of the H division In a few - minuies several of the men and officers belonging to the (hicks brought out the new floating-engine belonging to the fire-brigade, and having obtained the aid of nearly two_ hundred men, set it to work. Several of the land engines also arrived, but by this time the whole of the floor was one body of flames. The floating engine from Rotherhithe and Southwark Bridge also arrived, and were soon got to work, throwing immense bodies of water on the flames, but ap parently without success, as they continued to extend, and in the course of an hour the whole of the Horse Wharf and it s contents was destroyed, as well as the _ _ wharf of Mr. Rey nolds, whose nephew was burnt a few weeks ago, at the fire at Wapping. By four o'clock nothi ng was to be seen but one pile of burning ruins. As soon as the danger had. in some degree subsided, an inquiry as to the origin of the fire took it p i lace. Rumours of all sor t s were circulated, but s generally sufreely pposed to be accidental The loss here is supposed to exceed £40,000. —Just as some of the engines were about returning to their stations, _ another alarming tire broke out in the steam sa w - m ill s of Mr. Frea, Slater-street. Long-lane, Bermondsey. S everal i of the L on d on b r i ga d e and the West of Engl and went at once t o th e place. The fire, ho wever, had ott e a l ined such a strong hold as to render the' exertions of the firemen of no avail. A strong body of police (M) were present, and aided the firemen materially. Th e premises being wood, they, as well as the stock, were d estroyed, the loss being estimated at £lO,OOO. Between the hours of twelve and one o'clock, a fire broke out in Oxford -street, Whitechapcl-road. The occupant of the house, a gentl eman h old i ng a situation i n the d oc k s , an d his wife and children, were with difficulty rescued. The house was completely gutted, and but little furniture saved. EXTRAORDINARY MINING.—CoaI has been dug in Knott Lanes, near Oldham at the extraordinary depth of three hundred yards bene a th the surface. Three years and two weeks have been occupied in penetrating to this distance. quantity of this coal was, on Saturday, conveyed in a cart, decOrated by the British flag, through the streets Of Oldham to Clarkefield, the residence of the Lees family, opulent coal proprietors. INQUEST ON -THE BODIES OF THI YOUNG GENTLEMEN, DROWNED AT In our first edition of Friday we gave of the melancholy death of three young gel drowned while bathing at Seaforth. On Friday, at ten o'clock; the inquest v rose Hotel, Bootle, before John Has highly respectable jury. After v tape of Mr. Bickersteth, Mr. Wm. Rawson, bein c , the Rev. Mr. Rawson, of S of his assistants. lai visit. The deceased, J He was fifteen years of .t Seafo rth was the son of John Bott - Esq., Of&Tol Hail, St and was, I believe, in his fourteenth year. Horac Bosanquet was son of Augustus Bosanquet, - Esq Hall, Southgate, Middlesex. On Wednesday las to bathe. The whole school went, to the numb, twenty. They went in on the north side of tl brook. It was about twenty-five minutes past morning, about an hour and a half before high Ica went, as usual, in machines. They had rem; usual time in the water, and I had Called to into the machines. I hadC been bathing with returned to the machine going to pt.it on my clothes THAEr BOOTLE stri They were it ltwenty yam Mr. Chris the tutors called to me, sa . _ I went out into the water and filing in the water. Mr. Christor the machines, jumped in with I youths floated past me. I waded an the water ; I cannot swim. I was no deep water. Mr. Christopherson ton I saw another, and cot hold of him, name is Kirkman Finlay. Some had s the deceased, could swim a little ; the o attempt was made to rescue them by t, tide was running towards Liverpool. Th found when the tide receded, until two anti It is the usual place of bathing, or there machines were. I do not remember that into a similar hole before. John Christopherson deposed son. I went with the pupils to bathe, but did r self. I was in a machine in the water with two machines for the school. Some of machine from the water, and shori.:,, help. I looked out and saw some boys hands up, but had no idea they were in deep v\ were 20 or 25 yards off. I pulled my coat and sv,. and went in to them. I got hold of two of then, were both black in the face, and much exhauSted. they roust have been under water, as their faces were co, with sand. The cry for help was from those who were sal, When I got to the machine I looked out for others.. I three heads on the Bootle side of the brook, and tho they were some others of the school, but on getting found they were three men swimming. The boys r school are never allowed. to bathe alone. They are attended by the tutors.---I was not aware of any hole there before, such as that which I have heard descril- John Dixon, owner of the machines, said, I drove ti men into the water a good way to the north of thr considered it a safe place where I took them in. have gone to the left to reach the hole. I have ha , for many years. I went in with my horse to tr them, and went overhead. There —I am tutc with the .e some holes on th, of tin The shore and banks alter a good deal. Kirkman Finlay, one of the pupils of Mr. It forth, aged 13, in November last, ssaid, I wat the others on Wednesday morning last. I went in chine with Mr. Rawsdn. There were with us Johr •nd H. A. Bosanquet. We remained the use• Bosanquet went further out than the rest hind 1 wards the south. He Nkas a few yard .n me. him struggling in the water, and fell on I He then sunk, and rose again. again, z not see him afterwards. We did not see Bott at all can, Plunkett, and John Rawson went with us to sanquet. When we got near we fell into deep Ovate ton could swim a little. Mr. William Rawson to• Mr. John Rawson was endeavouring to save B , After getting out of the pit I floated, and called oul and Mr. Wm. Rawson came to us. I never knew before. Ido not think we ever went so far to the sou, John Henry Bailey, an assistant tutor, said—l was lef the shore with five of the junior boys, waiting for a mach, I heard an alarm, and was called, by Mr. Christophers and went in with part of my clothes on. I saw the machn man with his horse, which plunged in the water over he: I went to the place where the boys sank several times, but con find nothing of the deceased, and having part of my cloth on had some difficulty in extricating myself. He sunk of the hole Thomas Cunningham, of Copper - as-hill, Liverpool, said— I am a plumber, and was on Mr. Muspratt's building when I saw the young men go down, I heard a scream, whit' called my attention. 1 went into a caravan with anoth person, undressed myself, and went into the water. I swim well. We were in the water about an hour, endeavr ing to find them, but could not, and came out quite exhau We went to Mr. Rawson's and got some refreshment we, in about an hour afterwards, went into the water I came to the place, while wading about, r bodies would be there. I called for assistance, a, tually found the whole three bodies nearly to , r ' etl the young me n w h o came f e lt one o f the bodi,s, but taped him. I got hold of it. It was taken out by anot person, and I soon after found another body between n legs. I soon afterwards found the third. They were moved to the cottage belonging to Mr. Bicke h, of S forth. I had bathed near the place before, but did not serve the hole, which . might•be four or five yards in diame Richard Balfour Reid said—l am a surgeon at 80 , About nine o'clock I heard that ,three boys of Mr. Ram had sunk. I and others got a boat drawn to the spot did not recover the bodies, which were afterwards takes Great interest and caution was taken. There were thirty persons so engaged. All possible means were endeavour to restore animation, by friction, warm nor did they desist until all hope of success was at - No further evidence was considered necessary, and ti found a verdict, that the deceased were accidentall whilst bathing. At the request of the iurv. the Corr, ith Lord Sefton, 1 er. On Thev were rt mendation, as lord of the man o r o f Littlerland, to wh machines belonged, and with the authorit;- ship, requesting them to procure a stake or post found so as to denote th e p os iti on o f t h e mud bolt caution to parties who may hereafter bathe near the :s of the t A BLACK BOY PICKED UP AT SEA.—The Belfast arrive( at this port from Jamaica on Saturday. The captain report that on the 3d of May, (while on the ontward passage,) it lat. 16 34, long. 66 34 NV., they picked up a small boat, will a negro boy in it, in a famished state. The poor fellow hat been blown off the land in an attempt to get on board : schooner to which he belonged, in one of the bays in tin island of Marugalante, and he had been thirteen days in tht boat. He had drifted two hundred and eighty-four miles it a westerly direction, and was much exhausted when found having been seven days without food or water. He, however recovered. Viscount and Viscountess Sandon are at Chelten where they have taken a vila, with their youthful fa] The Hon. Miss Ryder is greatly improved in health. e never I TIiAMES STEAMERS.—It seems ther 50 steamers afloat during the summ... Thames. The iron steamers between Lond Chelsea have carried 100,000 persons during Passengers per Powhattari, from New Orlearn,- Duckworth, and John Copland, Esqrs., of New Orle The Watchman says, that John Thorogood, the ( rate prisoner, has been released from Chelmsford g; friends having paid the rate and costs, in all amoun .£BO, or thereabouts. This is said to have been done his knowledge or concurrence. The Earl of Sefton is still enjoying the delightful s salmon fishing and grouse shooting on his Scottish ( The noble earl's family are not expected at Croxteth the middle of October. THE WAR IN FRENCH AI RICA.—A despatch ceived by the French government from Marshal _I August 15, which gives the following account - nate affair on the banks of the Mazafran ing of the 12th, Colonel Champion, of the commanding the camp of Koleah, was infor, of Arabs, commanded by the Bey of Winne, of Hadjoutes, 400 infantry, and 200 regular passed about midnight between Coleah a n d 0- their march towards the plain of Staoneli. expected on the same day at Koleah from Douerb., fifty- natives, who had been to the market of Algiers to provisions. It was to be presumed, that the enemy wis. to surprise this convoy, and carry off the natives on their r turn. Colonel Champion instantly sent out a reconnoite ing party to explore the valley of the Mazafran. The tachment, which was too weak, was commanded by Capta Morisot ; it reached the banks of the river, meeting with bi a few Arabs, who were easily driven away by our cavalr3 but suddenly our troops were surprised and surrounded 1 the enemy, who were in ambuscade in the bushes. A shat combat ensued, and, although our soldiers were taken I surprise, they showed as much sang froid as valour; the were obliged, however, to give way, and fall back up( Koleah. The enemy lost a great numb2r, and two of i standard bearers were killed by a charge of bayonets fro our carbineers and voltigeurs ; but on our side we have deplore the loss of two offi cers , v i z . C ap t a i n Morisot, of tl 3d Light Infantry, and Lieut. Chacaton, of the Ist regime of Horse Chasseurs, and 103 noncommissioned officers ai soldiers. -" On tl:t I Light II N. cony SINGULAR ANECDOTIC.—A letter from Constilutionnel furnishes us with the followir ;-- " M. Prazbynski, an artist of eminence, exhibited here some time since, the portrait of a female of extraordinar: beauty, which attracted the admiration of Marshal Taske witsch, who, after learning from the painter thit it was th portrait of a lady in the country, agreed to give 200 d ucat for it, on condition that he was mae acquainted with th name and address of the original. Several generals arrivin at the moment the marshal was conversing with the artist he desired him to come with the picture in the evening, an receive his money. Some good-natured friend having ii formed the Princess Paskewitsch of the bargain, this lad wrote a note to the painter, desiring him to bring the poi trait a little before the appointed time. The painter ket the new appointment, and, instead of 200, received 400 dt eats from the princess, to whom he gave the name and at dress of the fair lady whose features he had copied. I mine diately afterwards the princess burnt the picture, and sent a order to the lady to quit the country. The marshal, on hi ing made ac uainted with his disappointment, banished th artist from Warsaw, but the princess has become his war, patroness." TIM TYPHOONS IN CHINA.—The whole of the island which lie at the mouth of the Canton river are the resort o innumerable fishing boats, in which entire families are occu pied at th e ne t s. At night the lights placed at the stern o their boats to attract the fish, afford a curious prospect, espe cially as they glance into some narrow strait, and light m the craggy sides with the red beams of their torches. Al the season they spend thus pursuing their occupations ; bu when, by the warmth or coolness of the water, and by a va riety of signs, they are warned of the approach of a-typhoon retiring into close creeks, they draw their boats ashore, an patiently await the end of the storm. Habit and cnriou observation have given to the Chinese boatmen and fiNhp, a peculiar readiness in foreseeing the approach o phoons. They assert that when, from no appar the sea rolls in upon the beach with a long sw ell, the typhoon is certainly approaching. prognostic is, that the atmosphere assumes a t_ dy appearance, and an unusual stir and disquiet servable among the sea-birds, who rise on the w fly screaming about, as though to find a place e from the coming tempest. Lightning, too, in the a threatening indication ; but thunder generally pre abatement of the typhoon. These tornadoes are not trons only to the 'fishermen and traders by sea, th bandman also feels their llernicious effects. The hurries commencing in the north; gradually veers round to the and south, and from thence comes charged with salt Ava' to wither and almost utterly destroy the vegetation near coast. Trees are.often rooted up or shattered, ships .dri on the rocks; houses unroofed, and the innumerable rii swollen into torrents, which pour destruction o ver th e rice field s on their I;anks. So terrible indeed are these itations, that the Chinese build temples to deprecate tl fury ; witness the lofty tower of the thundering winds, nn the numerous edifices that line the rocky shores of the narrow strait between Hainan and the continent, in which, on the fifth day of the - fifth' Moon, the intiiistrates offer costly sacrifices, burning fragrant woods, or scattering rich essences, and which seem placed there as guardians and protectors of the commerce unceasingly carried on below. hick r