The Express.
London, England, 1851-03-11 00:00:00

BRAZILS AND THE SLAVE TRADE.

Rio DE JANEIRO, JAN. 11.
I wrote to you by the Pernambuco steamer to Per-
nambuco, which sailed about 10 days since. In my
letter I informed you that the yellow fever had again
made its appearance in Rio. and that we had some (I
believe I said every) mason to fear that we should
have a similar visitation to the terrible one of 1850.
Fortunately, we were in error. An official inquiry was I
instituted, and it was proved that not one of the , I
deaths I mentioned was caused by yellow fever, so , I
that my letter was calculated to mislead you, and I
take the earliest opportunity of correcting my in- '
voluntary mis-statement.
This packet way posted for the Bth inst., but was .
detained until to-morrow, it is said at the request of
the Brazilian minister. The report on 'Change is that
Lord I'. has demanded an immediate settlement
of the packet ser.ice account (no bagatelle I be-
lieve), which, naturally enough, is somewhat cm-
barrassing.
At the present moment (five o'clock), there is a
rumour that the I'ctcrel vrill have a still further de-
tention, in consequence of news received this morn- !
ing from Bahia. The news which I have collected
from tolerably good authority, but, at the sante tune,
tar the authenticity of which I will not hold myself
responsible. is us follows:
Our minister here, Mr. Hudson, received intelli-
gence that there were two slave vessels in the port
of Bahia, and that there existed certain barrucoons
or deposits fur newly-arrived negroes in the neigh-
bourhood of that city ; upon this he waited upon the
. Brazilian minister, and requested him to order the
vessels to be given up to our cruisers, and the barra-
coons to be demolished. The minister complied with
his request, and sent the necessary directions to
Bahia, but the authorities there refused to demolish
' the barrueouns or deliver up the vessels. Upon this
it seems our people threatened to take the matter
into their own hands, were defied by the Bahianos,
' and preparations for an attack and defence were
making on the one sick and the other.
Titus much from Bahia. The finale is that Mr. 11.
has intimated to the minister that he has given the
' admiral orders to take what steps, and do what he
pleuras and thinks proper ; and the frigate (South-
' ampton) leaves here fur Bahia to-morrow morning.
If this as all true, things wear an ugly aspect, but
repeat you must not rely upon the truth of the state-
ment. I can ouly classify it as 'Change gossip.
• By the very first conveyance I will write to you,
sl should anything of consequence occur.

Lab) iintelligence.

EQUITY COURTS.—YESTERDAT.
Emma Lou Cskiiiruiscu (Vick t Ralicsues).

:SIETAIRIE r. WISEM'N AND OTIIF.RFs.
On taking his seat his Lordship observed that upon an
application of this description, it was necessary to show two
things, first, that the fund was in danger, and secondly,
that the plaintiffs might possibly suce,ed at the hearing.
From what had been said, however, it appeared that the
fund was quite secure even where it at present was.
Mr. &Abell said that, for the purpose of the motion, it
was sufficient to show that the banks in possession of the
fund were so improperly, if the plaintiff was right. If the
_ . . .

plaintiff was right, not only were the funds in improper
hands in this caw, but the funds had along been, and were,
de die in diem, in a course of niisapplieution.
-

- -
Mr. Kinglake then pr.ic!ifdeil with the argument fur the
• • •.

plaintiff 4, in support of which he read several affidavits not
presiously referred to, some of which went to show that
the testator had on various ciectuions expressed an intention

of benefiting the charity in question; while others de-
posed to the fact that ho had entertained an intention
of leaving his property either to his nephew or to his

Mr. ltolt, for the defendant Cooke, said that the
• .• -

application appeared to be an unneeca.ary one, and that
at all events, considering its object, it had been con-
ducted in the most extraordinary manner. The only
_ .

question was, whether the transfer of the fund Should
be retrained until the hearing. This was a mat-
_ _

ter of indifference both to the plaintiffs and defend-
ant,. The fund stood in the names of triputv, who were
eminent ltoman catholic ccch•siastica, and entitled, till the

contrary had been shown, to as much credit as any dignitary
in the English church. The bill charged them pith an
intention to tranrfcr the funds to persons other than the

plaintiffs, and to apply the dividends according to the terms
of the deed. Of this there was not the slightest evidence.
If there bad, the law enabled the plaintiffs to place a dis-
tringas on the stock at the Dank, and when the defendants
applied to remove such distringas, would have been the
time fur the present discussion.
Mr. kiiitglake said the affidavit required for the distringas
was one which conld not have been made by the parties.
Mr. limit—An affidavit that the party applying 11:19 an
interest in the stock is all that is required. 'I he plaintiffs
could doubtless have deposed to that effect, peeing that they
had felt no difficulty in swearing the affidavits then before
the court.
Ilia Lordship said that though a party might think him-
self entitled to set aside a deed depriving bun of mash, it
did not follow that he could conscientiously swear that he
had a beneficial interest in such stock.
Mr. Kiaglake said the question aim to making the affidavit
had received due consideration.
Mr. liolt said that might be; but he must doubt
the fact of there being any real hulled' .4it in the way of
' such an affidavit being sworn. That there was an object in
the background different from the ostenable one of the foo-
thill was clear from the whole conduct of the visor. Whether
that object was to fan the theme of protestant intoleraun.,
or whatever else it might be, there was no foundatien for
the charge of urgency and danger upon which the
motion was based. In Sovember the parties were referred
to their present solicitors by the nobleman mentionisl in the
affidavits. On the 10th of January the bill was filed, and
notice of motion given for the 23rd of January by the spe-
cial leave of the court, obtained on a representation of
urgency made by comma. Thu defendants were unable be-
fore the 30th of January to make themselves ac-
quainted with the ease. On that clay an at-
tempt was made to force on the CAW without
giving the defendants an opportunity of replying
to the voluminous affidavits which the court had heard, and
that notwithstanding the undertaking proffered by them
that the fund should remain untouched. In addition to
this the bill hail been, within a tew days of that time, pub-
lished, in extenso, in a weekly newspaper, and a detail of
the case, lend to be verified by affidavits, was thus printed
and brought before the public.
Mr. Kinglake, on the port of the plaintiffs and their soli-
citor, disclaimed any participation in the publication of the I
bill.
Mr. ltolt said the publication must have been moote
through the instrumentality of some person entrusted with
the briefs or papers of the plaintiffs. The bill, as published,
was accompanied by a statement that the charges bearing
moat severely on the character of defendant haul been omitted.
This remintledhim of the observation made by a celebrated
historian, who, when referring to an abusive work against
himself, had said that, " happily the most scandalous
charges had been suppressed, fur he had been accused
only of murder, perjury, raoe, and incest." So here
the public had been charitably ].ft by • this publication to
infer that the charges which had been omitted were much
wore. than those which had been stated. The discussion
which had taken place in court up to that period could not
have *occupied five minutes, so that the statement in the
newspaper referred to could not have been derived
from any short-hand note. it could only, there•
fore, have proceeded from the plaintiffs or their agents
or some persons entrusted by them with their
papers, and who had been permitted and encouraged thus
to use them. Upon that statement being made public hr
bad advised his client not to submit to any order or under-
taking, though, but for that, so to proceed might have
been a matter of course. The only course left after that
was to meet the case in open court, and there endeavour to
vindicate their characters. If the plaintiffs had confined
themselves to the legal question upon the validity tor inva-
lidity of the gift, according to the law of England, having
regard to all the circumstances of the case, the defendants,
who were mere trustees, having no personal object in view,
might, without further loss of time, have immediately
entered into an undertaking, or have submitted to any
order for the security of the fund. The plaintiff hail not,
however, confined themselves to that. They had tiled the
bill and affidavits with charges of the meat lo.candalous
kind against the defendants. 'they had charged the defen-
dants ('ooke and Holdatock with conspiring to procure
Carer to execute, despite of his own eapreyeel wish upon
the ..abject, instrumeuta divining of has property in favour
of Homan catholic charities, and with fraudulently repre-
senting to him in furtherance of their object, that the papers
he had executed were of a totally different purport and
character. They were charged with proposing to M.
Carrie to execute a will and a power of attorney to receive
e dividends, and with substituting by sleight of hand one
deed for another at the moment of execution. The learned
colonel then read from the plaintiffs affidavits several pas-
sages going to establish such a charge.
flu lordship said that the acts charged were tantamount
to a conspiracy, and such as might Ice made the subject of a
criminal proceeding. If the charge were substantiated it
would become his duty to direct the gild:nits to by laid he-
fort. the Attorney-General.
Mr. Holt said that if it meld be made out that there was
the least pretence for the charge it ought, undoubtedly, to
lie so dealt with, as it was conspiracy and fraud ffinutal the
basis of the present bill. According to the established
principle of this court, whenever a plaintiff relied ell a ease
of fraud and failed to establish the fraud, he could not he
allowed to fall back upon his legal position independent of
that fraud. The ease must, therefore, stand or fall with
the fraud on which it woo bawd. The imputations against
Mr. Hold:dock and Mr. Cooke, having regard to
the calling and unimpeachable characters of thaw
gentlemen, were of the most extravagant kind. Such
imputations could only hope for credence in a time
of popular alarm from popish terrors resembling
that of the *lays of Titus Oates, or the gunpowder plot.
Those charges rested, however, entirely on the evidence of
Hamilton and Brown, and he had the means of showing
that neither of those two persons were worthy of belief iu
any court of justice. Their affidavits were to the same
effect, and therefore, if one could Ice shown to be unworthy
of credit, the other would be so likewise. The defendants
were in possession of a letter written by Hamilton to the re-
latives of ('arre in April, 1847, shortly after the death of
the latter, while all the circumstances of the transaction
were fresh in his memory. That letter was wholly incon-
sistent with the statements he now makes in his affidavits.
The letter was given to Francois, one of the inter-
preters employed by the relatives of Caere on their corning
to England, with a direction that he would translate it and
deliver it to them. This letter had been shown to Mr.
Cooke, by whose direction a copy of it had been made. It
was in these words :
'• To Julien Carve or brother, No. 30, Charlton-street.
Somers-town, April, 1847.—Madam,—I beg leave toexplain
the reason why I have not written to you before this time.
Mr. Cooke, the executor, by my request, wrote to inform
you of the death of your beloved brother, that took place
on the 6th of March, in his seventy-seventh year,
from decay of nature, at my house. I was daily
expecting to see some branch of the family in this country,
as that would afford me a better opportunity of ex-
plaining all about his affairs through a French gentle-
man, a countryman of his, that come to visit him ;
but, as I now understand it is likely to be some
considerable time before a settlement of his affairs is
likely to be completed, I wish to communicate with you on
the subject by soling you a full statement of his particular
wish and desire. A short time before he departed this life
he instructed me to inform you of his wish and desire,
being ton weak and exhausted to be risen from the bed to
commit it to paper, bat he felt confident of your complying
with his last desire, as he then could die happy; and very
soon after expired with this wish and desire in his
mouth. I new give you all the particulars relative to this
affair. I have lawn acquainted with the deceased about 40
years, and he has lived in my house nearly 20 upon the
most friendly terms with me and my family, enjoying good
health up to Christmas last ; but on returning to hisfprofes-
clonal duties cter the holidays, he found himself incapable
of proceeding and returned home, telling me he should de-
cline going hack, for he found himself very weak and
poorly. I advised hint to comfort himself at home, as he
could do so without teaching, having plenty of money to
live on. I offered him my society and services to wait upon
him, also those of my wife. This he accepted, and took it
as a great kindness, and I was with him from that time all
through hie illness, and to the moment of his death, as he
would not allow any other person but myself to wait on
him. He bseame daily weaker, and I proposed his having me. -
dical advise, but he refused, saying it was of no ine as he was
not in an 7 kind of pain. I got him all kinds of nourish-
ment to regain his strength, but I perceived it was of no
woe, and wooed him to allow me to send for a doctor, and
after my repeated advice he consented. About a fortnight
before ht rind, and by his wish, I called on M. Gasquet, a
countryman of his. I also conversed with him about his
affairs. telling him of the propriety of making his will. The

doctor informed his pint, )(r. Holdstock, of his illness and
be came to visit him, and arranged about his affairs, and on
Monday, March 1, he brought a Mr. Cooke, a barrister-at-
law, and they took his instructions about his property, and
ordered me out of the room. After they went he told me
they hail got the instructions, and Thursday was
fixed for settlement, but regretted the small sum there-
in mentioned for me, that he promised to give me,
the dividend of 1121. that would become due ou the sth
April (of which circumstance I told the doctor the next
morning), as well as what money and goods might be in fie
house at the time of his death. And further added, fur my
Ivery great kindness and attention to him all through his
illness, he should make Ste a much greater provision, for he
had the greatest euntidence in me and esteemed me his
dearest frieud, taking the part of those friends he had en
' many years been exiled from. From this time he took to
his bed and never got up again. Ile felt himself so ill and
weak on Wednesday that he told me he feared he should
not live till the following day, the time fixed to settle his
affairs, and in the event of dying before that time, he iu-
structed me to inform his sister, Julien Carry, at ~aval, in
France, of all his affairs, which he made me fully
I acquainted with ; and his last wish and desire for
her to see me very handsomely provided for, as
was his intention; but he rallied, and on Thursday
settled his affairs, and while the documents were being read
I he expressed his regret at the small sum mentioned for me,
but said he should alter it. This was in the presence of all
parties. After they left he conversed with me and one of
the witnesses to the will, and then proposed to add a codicil
to Coe will in my favour to take a share in that which ho
had left his relations; which I named to Mr. Cooke, the
I executor, in S iturday morning when he culled on him by
appointment, hut could not stay to see him then, having
j urgent bu.inew to attend to. Ile advised me not to call any per-
son iu to make the codicil ; lint when he rolled in the afternoon
he was no more. Neither the doctor our myself considered
hint so near death, but, alas, sleuth took hint to his arms
before he could complete his last desire, up to the moment
of his sleuth ; and I have now to leave myself in the all-
protecting hands of Providence to influence you to do for
me that which was his intention and order fur you to do as
he died, and that I may yet be considered worthy of your
sympathy and generosity, in accordance with the last sacred
wish and desire of your beloved brother. When you come
to this country to settle the business, I shall be most happy
to see any of the family to introduce them to a French gen-
tleman, his friend, who can speak of the deceased's attach-
ment to me, and his intentions of rewarding me as before
described. I shall be most happy to hear from you on the
receipt it this letter, and if you want any further informa-
tion on the matter, I shall lie most happy to give it. With
every respect, I remain, madam, your most obedient ser-
vant, (Signed) Marrustw HAMILTON."
That letter had not been referred to till Mr. Kinglake's
mention of it that morning. It completely refuted the affi-
davit of Hamilton. It displayed throughout one low gro-
velling appeal to the charity of Carre's relations. Was it
to be believed then that if he hail tuvn aware of a transac-
tion such as the one now brought forward, that he would
nit at once have disclosed his suspicions and claimed his re-
ward ?

I he further argument W 0.9 then sajourocil till to-morrow
(this day).

ASSIZE INTELLIGENCE.
iloNiE enteriT.-I,EwEs, It Ancir 10.
Lord Campbell arrived here this moniing, and proceeded
immediately to open the COMMillSiOtl. There are forty pri-
soners for trial ; but, with the exception of the charges
against the Uckfield burglars, the offence. are not of a
serious nature. In the cause list we understand there ism
action for breach of promise of marriage.
The Lord Chief Justice, in charging the grand jury, Paid
it gave him satisfaction to find the calendar of the business
light. In an adjoining county lost week he had a week of
horrors, and lie must most unfeigncrll♦ declare that, if he
thought the Paine tusk were often to ((evolve upon him, he
would at once resign his of et to some man of stronger
nerves.
Tho Priam Court opens to-morrow.