The Express.
London, England, 1850-12-10 00:00:00

THE EXPRESS, TUESDAY EVENING, DECEMBER 10, 1860.

distance off, sad in chase of the brig Victoria, afteireas
implored alsr. Is prang between the two voiels we wen,
r um se I mmi
a ssaber, about twenty minutes is the;
boat, with no other e the pints craw but himself with us,
sad we were st each a drums from both mewls that it was
impartible our conersatles meld be overheard from either
Then, I think, was the time whim be should have opened
Isis mad, if to had bees acting nudes ampubien, as he
afterwards elated is his dance he nem Mend • I
word ea the Mine. I steered the boat, sat Smith sat
beside me. On my remarking to him how often his
Isebee had changed her ooloun since I first saw
ter in the morning, and, askieg for an explanation,
be aid his vessel wee • patriot tnan.of.war, ur
Carthaginian flag, but that all earns were lawful any
time
of war. No: filing such question., I suppose, be moved
from se to the bow of the boat. When we got alongside
eke schooner, I observed the deck crowded with armed men
rho most ferocious upect, starpenirg loeg knives
sat
sad loosing at us as if nay were impatiently wilting to Mkt
war throats. On my stopplog on board, a brute (whom I
afterwards found to be the chief) made a immediate attack
same with a drawn sword. I parried his blow with ths
liaise:containing the ship's papers, till disarmed him.
Daring the scuts I received several wounds, not very
eerimts. I wee then pot down the hold and kept in confine•
sent; thin commacid a series of cruelties the bare recital
of which, even at se
tt distance of 28 years, 'makes my blood
ran oold. Amongst other arts prached to maks me
• sefiess to the perm
etin of property which had not in
nary, I was tied toot wind4m of my own vessel, and
suit witne.sing the loading of three sestets, my eyes wen
Wafted, and the pieces discharged close to my head, which
fat me in doubt foe a moment whether I was dead or alive ;
gabs It to say, that 'After suffering a great deal more than
I tea relate here, I was suffered to depart with my moth
sal the esptain and crew of the Victoria, after brag plun-
dered ci rotas, stores, &c.
" A fall sad detailed statement of the capturel be of
nil in
am
vessels, and of ell that occurred to myself, wil fou
We evidence given by me before the sittio magistrate, at
W Thames Polite, in August, 1823, when Smith wee corn
fatted to Newest,. He was tried at the Morrill Session,
Wild in December following, and acquitted en ths Stet count
ef the indictment, namely, for piratically running away
with the Victoria ; and as the couniel for the Crown (for
macs net known to himself) abandoned the second count
without willing • sirgis witness, he was
one acquitted on that
ale; so that 1 bad not an opportunity of saying word
reletive to the capture of the Industry, or is brutal and
oral treatment which I had experienced.
" So for from regretting this (to me, sad, se I have ream
of
to know, also to the prisoner) unexpired Unitised°.
the trial, and though I did not acquiesce in the verdict, yet
I can truly say that no one in court, not eseemtleg the unfr-
teats sun at the bar, rejoiced mere than I did at it, as I
wee thereby relieved from a pasta nodal of facts which
I then believed and still believe would have been fatal to the
_ .

istheoner.
It will have bun obstrved that the prisoner rested his
defence upon having bean compelled to act as he did by the
pirates. On this I mad remark that if be was acting under
✓impulisiou dunes the time he was in my company (judging
Item the seal and spirit in which he performed the par
to him), he acted so admirably that, for my life, op
ra. Lour, I have u been eto direst myself of the
idea that he was a real pirate, andabl no mistake.' And yet,
dr, I not subject to nervous delusions, nor do I know the
weenies of the word except by the name.
"It is quit. tree. as Mr. Oubett rates, that shortly after
his trial the captain published a book cootainlog sundry
grievous charges against himself, and had they not been
reiteratedl-41tat they might have remained tout-
sword till doomsday. Bat I promise if the captain will only
bunt the world with • rued edition of his mast wonderful
week, that I shall amply atone for all past sine of ominion
by review:nth his book, sad proving it to be • tissue of fair-
Mode, interlarded with • few unavoidable facts. 1
sew, sir, leave the matter is your buds, merely °beery-
fag that, in publiaatia; tan. document I am actuated by se
visdienve or personal motives; my only object is to defend
myself from • wanton and, as I think, a most injudicious
attack.
" I wish it also to be most dietinetly andentood that I am
in no way connectal with the Peace Society, nor do I tra-
ced' in the views and opinions held by it as respects the late
derru:tion of pirates near Boner. On the contrary, I hold
that as pirates are the common enemies of mankind, so it is
the duty of ever) man to root oat, destroy, or bring them to
juries wh they can be found, no matter whether in the
Eastern Oasts or Oulf of Florida.
" Apologring for the length of this letter, I am,your
obedient servant, " W. Coot.
" Scuttak Ignitable Mee. Cl a, Moorgata-
strut, June 15."
I Mr. B. James laving stated the plaintiff's use, Galled the
following witnesses to support it
Mr. DOA*, the solicitor to the Tiers, produced a letter,
dated 15th June, 1850, from the Tines oats ; and also, a
slip of that letter and another letter, dated 18th of June,
1860.
lit. John Burton, a clerk in the London Joist Sloth
Bank, proved that the defendant bad an secauat at that
beak. The defendant was a private gentleman. The two
letters, dated the 15th and 18th of June, now produced,
were signed by him.
a The letter written on the 15th of June, and published In
the Times aewspapisr of the 20th of June, was hers put
in ardour, together with the proof slip cowered by him,
sad the letter returning the proof so corrected.
Mr. Daniel Bost proved that he was a surgeon, living at
Harford.bridp, in Hampshire. Witness was a cousin of
Captain Aaron Smith. Witness knew him in 1823, and
remembered his arrival in Ragland in the Waal* of that
year. He wee brought home in custody on board a frigate.
He appeared to be in a rate of gnat distress, and
had no clothes nor money. He was tried Is 1823
at the Admiralty Sessions, at the Old Bailey. He was
tried on • charge of piratically boarding the brigs hurt,
and Victoria. The defendant was • witness for the protect-
' tion. Captain Smith was acquitted. The defendant, Capers
William Cook, was cross examined. Witness remembered
, the defendant admitting that the captain of the pirate vessel
preowned pistol at him on one ocessiou ; and le believed
that hr should have bun shot bad not Smith prated the
captain's ann aside. Ile also stated that he and his men
'assisted in rowing the pirates' wed to thus and take the
Victoria, and that if they had not doss so, the pirates
would have cut them to piece', and pat them to death In
the most cruel manner. Captain Cook admitted that he
was obliged to assist in tat; the guns of the pirates, and
being inked why be did so, he said he was afraid to refuse.
Be also stated that the pirates tied him up to a beam, and
placed gunpowderyouth him, and that tee
believed that
they had dons the sum to Smith, as the skin
was off hie legs. WIWI= gave evidence on the trial, and
slated that he had lets his legs, which appeared scathed by
gunpowder. All the witasers for the promicution were
meted. Smith was sailed on for his defence, and he
Meted that be acted rider compulsion. Sorrel of his wit•
mien were beard, a great number of whim spoke to his
good theratter. The owner', son, who was on board the
Zephyr what Smith was captured, was also examined on
the trial. Mr. Burs Ostrow tried the eats and summed
up to the jeep, tad said in the bar* of Cook, that it was
gaits dear Mem the wisiseises el the witnesses. that Smith
had arid seise empahlss. M.• particularly directed the
attention of the jury to the odium of Captain Hearne,
the cantata of the Vittoria. Callen Smith, after the sum.
fling up was over, was acquitted itherstly. The eon of the
owner of ,the Zephyr, which was try the pirates,
with Smith, on the re Mee shwa, Janet's, to
Bagtud, was exeminel he the alum He narrated the
arellallaillN of theies and said that Stith, on the
home, was by pirates. Captain
11Z1114 left Banister In
riagthe as a mate, about
18 ninths before the trW. The vessel tided to the West
Indies He was slid mar of the Zephyr when he was
rapture!, witness semembemid the trial which took
ta 1829, for the septum of a DIM& TIMM, ogled the
Capri* Ord wee mum at that trial, which
;edt--Asse before Led Chief .1 cense Medal. Tee trial
was stepped alter the esamiaation of rs lest witness. When
Oopkia Smirk mild be bed Mimes M. and 4001. in the
hob. when be weedgMeed be was maim home to be mar-
ried, end be was amid smeller be ssisissi.
Cneeemmised by Nt. 'Masse )free—llltses ins still
la prudes es • @mesa Wham Med he twenty
years lis the New Zest med. Whams had • hna
sear Moire Mr a few pees. WIWI/ bed
hem sew& eseaskisally in bill t. --"ores. Abase
bilelsere op gmlth wee Is the bait dkierstbg
Ihr MMus. Me Ind bed several lemesedsgs et be-
tween 2001 mil VOL with him. Casein SEIM wad le en
gala in 1820. About 1834 Captain Smith WI sig to
sea. Slam this witness did nee knew what bee he
bad 111111thil OM. Whams was shamed by Gm Miele and by
Smith
with tirgiag a Unsteadier's._ The bill of
was igagesi the geemilbay. CMS. smith's
wiliaitor applied to !MINS
mile air: IS OM Finn trial.
Witten reefed Mita W• esembisey to thugs
kin with tarits7, ben that charge MI es Om melted. Wit.
ism was Mt -ON/ M forliVins:oll lid never lest
Mums mew dose MI6. emee seed positively
that be head Cedds Omsk_ mile •ThigliNl the trial in
1823. Cape Osek mid bed ke and lie stns misted In
ruing the best he eft., sod alas Is beam *dr
=serls din Is eV imilles Ism whia he restised to
MU. Is opposed re Um bora Msdais a
few mess.. They wise es* womb as gunpowder would
smoke. The semen d abo geY Ama examined at the Wel
in 1623. He mM hs seueiiwi the muds were does by
gummier. Wilms had set the Ind lathy that the
wounds WWI mimed W gungewdm.
Bommelsed Weesse—Wlissis bed set been on
wiser= whil Smith he the led If rem
Mr. Harney, the laud writer, Oda OM be sttseded
the trial of " The nig T. Aaron ImietL" W IX" for
wising Wu Preveyenle. Lord Chief 'mike real and Sir
COrktookor idiom tad the osio. The book mot pear
Med was • awed isesemlgt of the miasma
Mr. Jame llsegnisttitawas a welsh and dessemeles
maker, med. Wheels knew 1306.
amid MUM. end was snout at the Waist the Old
The enema as by the Whine Bast of that Odd was aft
subdues sewed.
Clissimedeed by Mr. &Timid then—Witheißiethelses
Mr OWL slow site oecesioully empleguilg. Igifezyt
el labia That was ill imbue koom vied 01,1
Be always *ibis bib regularly.
Mr. Bedisierl sald in 1823 he' was a hatter, end
Capt. Bsidthed Maids home, whoa la London, he
six or sera rem was present at the trial in UM.
Capt Cook was He said that the captain
the pirates was • heed= man. Mr. John Williams
(afterwerde Mr. Jostle WMlmes) was one of the mood
kr W deistetat. The Jae% Kr. Buss %new, in nu
milleg up, mid «L Mk mot ado dada% idiom Sko mini

ut
------------------s one,
at
►s iny
the
i bud do
Wheyoaotitege:er,the pr
came abuno bekt
toe
brought
Eogland he liadieureely any clothes, tad was in a very des.
elute cond(tion. Wiener took him a suit of clothes and
other necessaries.
113774.
AWWniailtili•setiem..Csa:rwseir:t.h:etWp.l.l.7ff twhaserei.a HeChi commanded imannll6dathode
Mr. Juan Holmes—Witnese wee acquainted with the
yplatieritnsct.i.ff.p.whoVinfeisitnessmidithiainshadat
uckyinanmorwdeonnnthisliveipoilsitntl.viffs.firsis
sorapeereposz
nuurnoet 71.kcenrryiozwulingtas londarbboey. MocoreuPbestiunt.ii
WerWeniitnelntfneutreweaidut. a Wroittnehrek7doni.d.
that Captain Smith sou • bill diraunter. Witness never
knew that the plaintiff had been tried for an assault on an
, attorncy's clerk.
This wee the pleintirs use. for the de-
I Mr. Ssejeant /huethen addressed the )sari
fondant. lie mid that an advocate in aum which
ee that
was full
of difficulties was mash encouraged by the assuran
Cis client was en boaeurable man. Ris clime yea the
Captain Cook who 26 years ago, when la semetand of the
Cambria, weed the lives of 677 of hie hillomeountryarea
when the Lent, an Zest Indiamao, was Man La the Wit
of an serful storm is the Bay of Biscay._ ghostlier limeaa
wu employed by goverment to treat with tho AMMO pilledoli
at the Niger with regard to the 'append/4s of the slue Mme!
At the present time he wee honourably iiMpleril all =
for the Scottish Equitable Assurance Boolety. no
Imeate mods is the letter published in the Ti.o won ar
toned from him by the audacity of the bold, bad sea who
had brought the present COO into court. Mr. iiiMIMS
Garbett, the friend of Captain Smith, had adiremel Ostler
to the b•inourable member for the West Midis, arroematsslise
(Mr. Cobden), which was published ia the lla, sad
which called upon Captain Cook to vindicatethat kis shiemolor.
It was true, as his learned hand had dated, Smithted his
ap-
peared at a meeting of the Peace Soviet, and ma
hbourhood
opinion of the character of the pirates is Me neig
of the island of Borneo. That matter beams the
subject of disassi th
on in e Howe of
when a vote c
of 100,0001. was asked for (:121k=
money for the pirated destroyed by Rajah Brooks. It MSS
stated in the course of the debate that it was to be wished
that Captain Aaron Staith-ereald then state what he had
;netted at the meeting. Mr. Cobden having eiremsd We
opinion that Smith was an atrociova pirate, Smith diaseted
his friend Gszbett to write to Mr. Cobden deseseding la
apology or satisfactioa. One of the letters could
be
traced home to Captain Smith, and was "MOM ;4 141
authority. After these letters had been written there ammo
other coarse open to Captain Cook than that whist be had
taken. Oa the Ist of Jam in the presort year there was
published in the Tones a sorrespoadenee which had Mimi ap-
peared in the columns of the Morning Post, The Masai
attune here read the letters of Mr. Oubett to Mr. Cohan,
in which it *was stated that Captain Smith had some lean
before published an account of his isle on board the pirate
vessel, in which he had clearly shown that what Captain
Cook had stated at the trial in 1823 was untrue, and that
he (Cook) had never had the mullions to newer it or to I
defend kieesell. Is those letter he made a distinct charge
against Captain Cook, the tint letter was published in
theyutmeg Port in the ordinary way, and then in the
Tinter, and Captain Cook found, alter a lapse of thirty
yam, the Marge had been brought against him that he
had dated what was untrue oa his oath. After this had been
printed in the Times, it would not have been proper for him
to have remained silent. He (Mr. Serjeant Sties) would
undertake to prove that all Captain Cook had stated in his
letter wee the troth. Captain Cock could not submit to
the charge of having bun guilty of stating on his oath
what was false, and not having the courage or manliness to
defend himself, If Captain Smith wasted the whole truth
to be known with respect to the cireunistencee under which
he was acquitted is 1823, his better way to vindicate his
cherub" would have been to have brought an seam against
the Tows, when Cook might have appeared as a wanes
and would have been cross examined. He (Mr. Valdosta
She) would undertake to prove that Smith of his own free
will was a pirate, and an associate of pirates. Captain Cook
firmly believed that if his evidence had boon fully heard,
Smith would not have been acquitted on the sharp of pirat-
ically seising the Vietoris. Captain Smith had published
a narrative concerning his connexion with the pirates, and
theert
e (Mhole or. Serjsant f
that Sh
naoe)
rrative wouldwee ••
undake to prove that
w tissue of falsehoods
interlarded with a few unavoidable facts. He would lay
Smith's book before the Joey, and then prove its (slim
hood. Whilst Smith wee with the pirates he was actually
committing the greatest atrocities, such as would nuke the
blood run cold. He had been the ringleader of tin or ' ,
seven or more pirates miens a vessel, putting the men to
torture, ordering item to be tortured, putting whole
crews to death ; and mold he pretend to say that all
that was dose by compulsion ? Could it be believed
that for more than sin weeks, whilst Smith was
ommeted with the pintos so as to sneer to be their
lender and their commander, and to direct them in the
' most horrible atrocities, that honour was suspected during
Me whole time of suing by compulsion ? The eipt.in of the
Victoria wee in the same boat with Smith, sitting by Ma
UM, sad It never was whispered that he was also a prisoner,
sr that he could save his life. It would be proved that
pities of escape were offered to him; he was within a
="dietanco of a Elia& men of war when he had four
pinks under his command, and two of them had just been
famed to obey him. He sodeavoured to escape from the
monaf-war, instead of seekieg its protection. He had
iinedall3 killed es many es ten or twenty of his fellow-
erestaree in cold blood, is order, as he said, to save his own
life. The crew of • sloop from New Providence wee mur-
dered all but ens black boy, and the crew of the In-
dustry, which had been burnt, were sent away in
the empty sloop from which the crew had been
removed. The learned sal seat then proceeded to
state the substance of the book written by Captain Smith,
which gave an aeoeunt of hie having been taken from the
Zephyr ia 1822, cad forced by the pirate captain to navi
gate ..is mail. The book then went to ammo the verb'
sue atrocities perpetrated by the pirates both on their own
sorarades and on the crews of vessels captured by the
pirates, and in which he had been obliged to trim put
after undergoing some horrible tortures, and being three.
timed with death. Ono pump in the book alisded to
I Captain Cook, end his lagratitude in appealing
him after he had eared his life. He (Mr. fforiormlatabr)
would prove that Captain Smith did net art anew amegel-
sion. The kernel eerjeaat here read the &pukka of a
Dutchman named *Arab*, who had been mots ca amid
the Petvoyaate, and was take by the pirates, and who said
that Smith had voluntarily gone in the boat and taken
Cook of the Industry sad brought back Captain Cook.
Orphan Smith had also had many opportuaities of reaping
Isen the *atm, if he had so desired, es he bed keessatly
wastes &see en the hawed of Cabs, and Molted • loggia-
ififfildtwebfof then Smith. it eppeand, had ben allowed 1
le wear at by she *atm. The kayoed MIIIIIMIS kers I
1 seri die deptelsisa el Captain Cis* esesersiag ibe enters
I dike ladvsky, which seed
had Wes wide Wore tke
ia 1823. The book wentioned am "bra
the weibtrate's daughter, who bed fallen
E:wes
In love with the pl'aiatit The book
sin ed the wife of a Spanish officer whim on
two essedese the plaintiff disoovered sleeping by his side
en We lIIIMMOI. The Spanish officer and his wife had bean
Woe priossers by the pirate. The account which Smith
gave el his escape wag that, daring the illness of the captain
and the interiestiort of most of the crew, he got into a Saar.
men's MIL and steered for the Haeannah. Par two
days he wee alone on the mem, and at last moseoded
is nothing the Havannah, where he II Mite
a homeward bound vessel. having beetPLl us
waled me
a
pirate. Prom the book it appeared that Smith woo sever at
way the. Mumbled by the blowing up with grapowder to
width be said he had bun subjects& Captain Damien
sea met dead, aa had been stated, and ought to Mee been
tiled by Saki Handbills had bees droalated is all
pods el aqiul and on the antisest IN mom
wheardhria
att baud the lambi, the =
it Tore Reglishass had
Se that end.
en*Wale of the pirates bed Mad OD the
Mt of Allen l, lad a• ethermptela bad bees known
en Wog im• &IP ahmweeb Mt OEM TM leaned ma-
jor* mesbaded a May kag sail able address by saying that
Shane were thawed. of nee wise maid rather amines
Mak Wes than smolt was of mpuelleled *kooky, and
Mrthe lint of their fellow.austares to ewe that own.
Allowing irksome were then celled en bob& of the
eitirdward Wm. Symons proved that be was dark es
Ike anabame at the Thames Pares Court, and had been
Tra.isis, yew. Witaas miaowed the depositioas of
woe
ow Oink against
sennehad Bbettli,lol.
ne.h.....,....
Liq ./ piney.
Pi= it Mia :Wm
• nnalableMillenil by Mr. fusee--A way small port= of
*uid= lost.
were thee pat is evklimee.
IE it irskteart stated that he was deck to Kr. Lever,
Cook's atterney.: Wham was at the Mater's
saes the emseintios et Andre lobs Malinke. TIM
a Itmlbahm wire his. pat is evidence.
penal that he had lived at Mile sad New
Tula. lad been • mariner. In Asyut, urn,
Wmu hatesie la hued tbe beig Vistula. In July
ee TWA' we en bee way how Jennies to baled
Wham knew the sad delssdent. Oa the 7th el
Avg* 1821, the I=fwee takes by • snow off the
release( Cabe. Winer knew the trig Isdniry, whisk
was elf the Weed of Cabs at the time. Witaas saw to
SIIIMMOr dim lb. Wean and take her. The
was lakes at ISlDettieek blab. day, the Indastry wri=
neat data sr Mae s'alesk la the morning. Theeilmassit
and at het the Mies. When the Victoria was takes • leset
one eisagrife. Swill laden= we in the beat sad bed
eratrarss.gistele, kniem, and musket: Bank mmusedsd
the lest, tad Ids lase vas • little blab. ilultb ONSIII on
beset host. The amain and the Sat lIMI sena& maim of
this Vida& wore en Mord. The Oa mete said M Omit,
ihrestlilis "Alleadiairs."
mew' 8144/31airs
prlsitelmithote
anthills" " eadMite7 lialitheistwatwok "soritssiiiiiin
be &said take bk poen with him sad , vied whit as
witarrir was ; sad faith replied, 0 Tes epo bow lobo
yea pes besed." Smith ordered his mea Ma she aelle
omisisse the Vistula steer the sakeenu. The moan sad
the seer wen en beard the wheaser. Neel& asked the
etsweet te wee out seen lime Ise Me m" sad his
ens * M ftst sone Mime for them Baia aid the
seen Ms NW wheel um wet Ikea% a assairti, for
=raw" "81:11.:AA' mayillifkbill:l6llllllTeredlidelLisia
arijabelimillitsieretanwerille.k.thswithd.sokimilie-
irsol464
um s
Milsb4 er
des abed =tufts.= LTA:: klates".
by liskit's aim The alma= Mean Ass
mil his ant The Valk me
seen
L trend sad they bed as ants iat halves nigh
lit law le abler efts a e latiats.

Wilma ad sot steer to Stata's Haag, and he therekee
dad a plaid et Ida whisk did sot witnen. Beath wee
3or yards off Arbon bit find. Baia bad said if Mums
did not steer properly he would shoot him like a crow.
Baia said Wow bed " folded"
sendpes of the wheel oar
puma sad drew Ms eatingaund he would rear witness
through. One of his mar case stepped him sad mid,
" Don't be so cruel, the ass can't steer wereMips, become
ropes of the wheel ars iseled." There four plates
with death on board the Vivaria, two Database case
afterward., and there were its of the crew of the Maoris
ea board bar. The ladastry, the Vidor* sad tka Mats
eehooser, all =clawed together en the sight of Ms Ith of
Angost. death than went os bard the sarfesier sad
ordered the geodesists and seztasts to be takes ea bead
the schooner. St took the mates watch sad host Mak.
He said the ciroomeetere, quadrants, and sensate were
kis perquisites. Tha captain dike Vistaria wm plusdered
of ell his propetty. Tho sago of the Visalia wee worth
6,0001. sal was lades with Eau dos. Lewis, the
carpenter, wee on board the ilatoris whoa she
wardscad. Smith sad the pirate opals Mer-
-Iwa ante on board. Oa the 6th of Agri Whose
went on board the Industry, where the new of the 'Victoria
were Note and saw Copt. Cook end hie asa tam They
had all been plundered. Captain Cock dressed the heed of
the sten Deane, whoa Smith bad struck with the eatlsse.
That man coins oar board the Whimsy. Witness wm
mined as a whatta at the Walla 1823. Witness lost all

Ids eiseid,
OdomOddhid by Mr. Jamie—At the trial In 1823
Cared Meese of the Victoria, wham, the sasses and the
soot were examined. Captain Cook was eramlni at tite
trial in 1823. All the mew of the Victoria ileamell ita
bond the Industry.
George Lewis stated that ia Automat, 1822, Ise wm ens& I
tar on board the Victoria, and remembered km Wag masa I
by *pirate 'chooser. (This mimeos corroborated the edema
of the last whams as to Smith sad four of the pl•
rates boarding and holds* pommies of the Victeste.)l
Smith staid oa board the Victoria till eight In the evening.
He come on board between 1 and 2 o'clock in the day. Smith
gave all As orders. Witness saw Smith strike the man Deane,
who steered at the helm, and indict a wound on his head
three inches long. The man loft tba helm and Lague took
Videos hethe port of the petal fired at Lagoa.
Smith asked who witness'res captain we'. Wilma said he
belonged to the north, and lived at 17, Lsometrest, Com-
mercial road. Smith mid—ln Kingston 1 Witness replied,
No, in London." Smith thee said, " London, what do 1
know about London 1" Witness made no reply. There
was an Angriest beig
_about twenty minutes mil from the
Victoria, towards wMeh Smith might have mailed. and thus
escaped himself, sad have saved the Victoria. The pirate
schooner at that time was two miles off. Witness
ordered :witness to teak open thend e locks of
there
the boxes
in the cable of the Victoria, to see if
were any property la the vood. Smith and the pi-
rate captain of the schooner caromed in the cabin of
the Victoria. In the dead of the night witness heard
quarrelling on board with the pirate captain 4
bit/ 61111 bun after he left the Victoria, on the eight of the
7th of hugest. Wanes, sew Captain Cook when he went
as howl the Industry, sad sew marks of violence on his
Mato Captain Hearne, sad all the Haase, excepting wit-
asm and Lagos, who were oe board the Victoria, were now
deed. Captain Smith told witness to sound the well and see
diet water there was. and to consider him as captain.
Orms-orremined by Kr. Jassee—Witnees never saw Smith
ea board the Industry.
I Mr. Hoeg bum Cohen stated that his father and uncle
seemed the Victoria. Wailers was present st heron Smith's
trial In Deotmber, 1823. Captain Cook was examiced on
that occasion, and Smith had not eared his life, and n
had the power to do so. Captain Cask said that Smith had
knocked aside any one's arm who was premeds, a
pistol at him. Witness bad known the defendant (or many
else
lir. Dab's, a solicitor, produced three letters from the
plaintiff to Mr. Codes. Ie see of them letters he did
Mr. Cobden a slanderer sod a poltroon I
for refusing to Mod
the sisoustione which he had made ageism him in ths Hods
of Commas.
Mr. Burton stated that he was In the office of the Morse.
ing Past newspaper. He produced a letter signed by "R.
Oarbett," publehed in the Morning Pon.
Mr. Garbed, who bad been subpoenaed by the defendants
oft here called spec his sublimes for not stOoding to give
widows in the csee.
This was the defendant's ow.
Kt. Jamas then replied, and.
Led Campbell summed op. He
made by sad the
„env was entirely
eM fm the jury. He did not agree the k
Mr. Berjeant Shoe that the plaintiff ought to have sued the
Times newspaper, boxcar A. defendant had made himself
respocsible for the letter which he had publiahed.
Smith had been tried in 1823, when Lord OA%
Muter of the Rolls, was then Attorney. General. He bad
been acquitted by the jury, and ,the AttoresrOmeral
iced
very properly not pressed the other charge spied Wet as
that occasion, as he hod been waned on the fleet gore!
piracy. He was tried spin is 18N, for Ora —aria
the Prevoyants. Ho wee tried before the tteallimd
Justice, than whom • more amiable, honourable, sad able
judge never existed. On that comsat= the jury stopped
the case, and Mr. Smith, having been twice so*teod, must
be taken 60 be ins from all toputatios. With respect
to the time which had elapsed aide these poseeedinso -had
takes flam, It had bees beentifelly observed by Lord
Plaskett, who was an hamar to his country (Ireland) that
time with respect to made tramections wee remained by
his scythe and his hour glen. With his scythe he out down
the evilness of Osaseedess, whilst with his hour errarlide
fled the ti within which they were to be brought
In As present ems the defendant by his pleas diseasedy
charged the plaintiff with piney and murder. If the plain-
tiff had not escappsed from the pirates when he meld have
done stokes the defendant was melded to Ask midi& These
was no roof that the impede Otis pinto weed had Medea
the 7th of August, ltA or that Smith ever teethe endein
of the pirates. His Tordship was about to Ma the miasma,
when the jury latiamted that It was ennecessary for kW
to do so.
The jury then retired, sad after an abeam of abed belt
an hear returned into court with • verdict for the relate—
Dumps, 101.

ASSIZE INTELLIGENCE.

SOUTH LANCASHIRL—LrincaPoot., Dic. 9.
Boom Ma. Demo mammon arm ha. Janos TILLIPOVID.
The special wirier pet delivery for the southern dislike
of loneweire commeneed today at Livsepool, bidets Mr.
Berea Aldersea sad lir. Justin Talkiard, the lathe re.
sidiag in plass of Yr. Janice Gamble, who was corer to
mama swig to iadirpositios. The shissiler toweelen the
main of 112 phonon, u amber/mho landar then
Of these 6 are charged with latest ft spin%ll are leo
mimed for manslaughter, 6 for ralike
for robbery, 6 for forgery 20 for ,I he
1(or concealing birth, for gates, inenlVr
bigamy, 2 for maspiring to defraud ea ifilmenfre 7.
2 for homisbmaking, 1 far sending a thelintlinlitg , 1
for steeling poet letters, 1 fee remising gre swAsio. II for
riot and compirsey, and 1 for . The
cases whisk are likely to smite ins= the alleged for-
geries by Mr. Threlfall, msrehant. Leelis Me Marge
wawa Mann Smith sad Oasess of witting the lie Mir
=4.oder to derand the insarere• the dig. et
wore the Limpid Ansphidwatri; aids Id&
ea skive from AshtorsodorLyno, who will be baled ihr
aureole( wig .• rot weeklies t" the greet ghee robbodes
with 'KW 'knell is eher with brim enema ; sad a.
drestba at Ms wits by
The Kidney Pres."
mon Wing beet speed with the loud danalithe,
Ill&ilene Moe* delivered his Marge le relptatasil
219 odd to weediest Ileassonsry he hire to =.l
mawy deareation wars the elleador, bermes tt
whir • mime= OW, SO emote se whke it was sr
snow OM k• slastibirest thew They were ordlany
amseiddisey, sea esesegently elms before • grmd Joey.
Atm mime further shesnatlees hen the learned judge the
psi jury thee Na,'
Cosi or Mn. Tezzleas.—Tossiazz.
Whom Threifoll was Wigged for Weise, at Limped.
illorod weed forged bills of nohow, with latest to lb.
howl the Hail Plan aapasy. air. Kir, with Ms. Hake
the sad Kr. lierJesat Midis at
Wails Key tibia masa is for the mpee et bsto
ends. se less thee Ave of Sheet were obeeted te by lb'
isseed for the wows.
Arm a eseogietisa sesseag the loomed eseasel,
iheasast Willd•• sem esdold. 1b5t,124.•
mit el* mit
lie advise, het if hit ewe free will, the Vied le
elthdraw his piss et Not red Kelly.
(Oa tie mugs. et the proviszo Its goliessom
Outdid GailtyNot , aid teereised bit Ms
shilligrallirmpierd_ mist)
helm name liked tbe Omer if be wished to
glad Chan wad be seglied Y Me Alimative.
Kr. Bass oil. Kg *5 MOB • Beet el • peer it
Kee ; wed, is mar Met Ks *des et the 110.0
vl%l. it wield bus seessiory that he should give I
as eagle at lb• fists. The debaser was
the saws et hogies stlei.
durealorblip sold, If he ligesed the settler rightly,
Ks prim. yiseded guilty to the Kier K vague sad
ail et
Kr. git Winder odd Met wee re.
Kr. said, =ire ready to probes so frost
Kea thirty bah et ter 13,8111 , which bud bees,
elesroi by the prisoner, of whisk wore Remise. Br
dim these, there wire sizipeht ether% with farms
lla. =kW. sheigharr MaKilloell the emozat
That was your to the time at ids ayprebezeirm. Ilse Mtn
Mess other bills had tones dui sad, spout prosseedez,
uses ilbOloOng to be forseries. These usoaneell to sore
the OAK The min amber of the tined bills was
115. ellmailber ozioragea to 133,00 K, all if whisk they
..slue porn ee wham Ind uttered with •
berireile=e'Mthis,lafeitaullS;e4tlilt Insight worn
torgedes. Wile the abet el big ten him ip
has esheil mid the tine K.
o the Ihr sod's, be had se Kee et say
coo, mg Ible fIOOTIIi W 1110 ibed be bed nor/
bai tibia woo du Tien the Owe it hr eggrobeedee. Re
had bow Orel osresalma l
. set are* ei
dose • soosi Owl sad be had wok he
ld
eemmit any wool aim ma the Mr I
easilhass Wei 1101 1111 pdessies
Male wysild s filb. et Us. k Ise•L
Mr. Elbe admillsitlbstptr ISSAK M NIX has
shoat 80,0008. thei gebeesr. tat throe I
it
lows largo seessg hid met bola pea
Iseigdp mil maim the matter, mad gess
I melees* mitts
iltzszsaimarton.
The triel ot Moen, ke ressisiogorith guilty
Ito Nodose et aisle MI/KW is lib ktoilithltor=

paelied tO 001110 Oa lint Oil Wedlieldllylllolllbli. Mr. Sist
Willa" sad Mr. Btekis, of London, have been
retailed
We &ham

Armin To Wows'.
The neat was that of Ann Bellowed 30, a woman of
week intellect, who wen tried at the lam wises for the
starder of her child at Ifluthport (tbe infest having been
half dead, bat not; quits suffocated, although it has sines
aspired) in a sand hill. She was tried for the capital offence
at the last wises and sequitted ; but was retained in
custody, and was now charvw with wash and attempt at
murder.
The ease had only been Wand upon when our despatch
left. We shall supply the tell particulars to-morrow.

MIDDLESEX SEt3SIONEL—TzerrnDAY.
Bastes thinaserr Ana's, Aleurenr4CDlll.
The court sat to•day at Clerkenwell, to hear parochial
sp
alitinnoss, 800TRAIIPTOn o. Tate trntraD PARISHES
07 Sr. Manakin AND Sr. JOHN, Plmmy's,.
This was an appeal against • lunatic order,and now cams
before the court by adjournment, having bean partly heard
at Wreteetaster, on the 18th ult., when it was postponed
until the present sittings, in order that an inquiry might be
made as to the grounds upon which it was asserted that the
pauper lunatic, a woman named Mary Basing, bad been
detained in the Grove-hell Lunatic Asylum, at Bow, she
having been declared cured by the medical officers of that
eetabludunent, to await the deciaion as to her legal
settlement.
Mr. Fiala, appeared for the appellants; Mr. Bodkin
and Mr. Haddlintons for the respondents ; and r. Bake-
tins on the part of Mr. Bysa, the proprietor of theirlum.
It was admitted that a settlement in the appellant pada
was proved, and evidence was given to show that the paw
acquired annequettly, by servitude, • settlement in
Limehouse.
Mr. Bengaline having read the report of what took *Se
on the former occasion, proceeded to say that Mr. C
the managing clerk to the solicitor, had said that=
been given to understand from one of the medical Arm
that the pauper was cored of her inanity, but the truth 110
that it was • lunatic in the house who had said that the
pauper was eared, the competent authorities being ell et a
contrary opinion, although Mr. Ferguson had said that sbe
might be competent to give answers en certain matters at
fact. The charge was, that at that time the woman bail
been declared cured, and was only awaiting the decision open
the question of her settlement for discharge. upon which the
learned judge was reported to have said that if the charge
were well founded the asylum ought to lose its license.
Mr. Sir-joint Adam—And Ivey so now.
Dr. Ferguson deposed that the pauper had been under his
care and she was at that momentinases. On the Saturday
preceding the hearing at Westminster , Mr. Chandler applied I
that the pauper might be seat to the Sermons House on the
following Monday to be questioned. Witness said he wont& I
send her, understanding that she was merely to be quy
to ea to mins with whom she had lived. It was nit
mentioned that she was to be examined on oath. She was
not In • fit mats to be ',ermined on oath in • court °ljssel*.
The Commissioners of Lunacy instituted an in airy hate tie
circumstances in consequence of what appeared in the arese•
papers, ind witness was examined. A subpoena was served
for the pauper to attend the court, and she was seat In cos
charge of • nurse. • I
Mr. &damn Adams—And were the counnissioners sat&
fled with your having allowed a woman who was not in a fit
state of mind to give evidence to be taken from the asylum
to mower questions under • subPous
Witness—The expensed no opinion upon the point. (In
matinuatioo)—He saw the submos, but thought it a men
matter of form. He thought the woman was to be guts-
&and by a lawyer, not examined upon oath. He never said
dle was capable of giving evidence upon oath.
Mr. Powns/1 said the authorities had no right to let the
pauper out nail, unless cured perfectly, or under competent
authority. A pauper lunatic once received bite the asylum
was not to be at the beck and mil of perish authorities, and
if it were right to bring this woman from Bow to the sessions,
it would be right to take her to any part of the country (a
011IZIO which might be fraught with great danger) simply
upon the service of a embroils.
Mr. Serjeant Adams said be would say to Dr. Fergana,
"Be a little more careful for the future, end do not allow •
woman unfit to be examined on auth to loan the asylum
under a sabpaina to answer questions." The order was
quashed.

WINDING-UP JOINT STOCK COMPANIES.
THE ROYAL BANK OF AUSTRALIA.
Yesterday there was a meeting before his Honour
Master Rickards to show muse why Mr. W. Maitland Boyd
should not be played on the list of contributories liable to
meet the outstanding liabilities of the bank, which are esti-
mated at 360,0001. Mr. Daniell, with Mr. H. Harris,
appeared as weasel for Mr. Wryghte, the official manager ;
aid Mr. Sewell for Mr. Boyd. The evidence, which was
very voluminous, fnrnished a further insight into the peculiar
tranmetions of the undertaking.
Mr. Mark Boyd, of the firm of Boyd and Co., stockbrokers,
4, Bank-buildings, and of Erich, Kent, examined, deposed
that his attention was first gilled to the feet of the name of
I kis eosin, Mr. Maitland Boyd, appearing on the register of
iimelhblden ht the Royal 13ank, without any shares having
hi Oh plaind to his name at the end of 1847. This was discovered
to be the WOW in relation to the names of his brothers, Mr.
James Boyd and Mr. Curwen Boyd.',Witness gave directions
te Mr. Rae, the manager, that this should be rectified, and
detwwe wigwam placed in those gentlemen's names, but
awns their authority. Witness had taken upon kimself
to seder the shares to be purchased and placed in Mr. M.
Beyer' name, and en charging the latter with a payment of
761. made by witness in respect of them, Mr. 11. Boyd repu-
diated the charge upon the grounds that he had given no
authority for the transaction.
Crosoexamined by Mr. Daniell—The firm of Boyd and
Co had for several ears acted as the bankers and brokers
M Mr. M. Boyd. The shore register of the company was not
mods up in witness's office, although it was in the hand-
wviting of one of his clerks, who was secretary of the coa-
-1 peaty at its formation in 1840. Printed lists of the share-
holder in the Royal Beak were made out daring the time
witness was a director, and sent to different correspondents
and persons to show who its coestitnenta were, and to peg-
mete the object, it had in view. Mr. M. Boyd's name we.
laeladed In these lists, which were sent to the various pu-
ma, from whom the bank was borrowing money on debit-
tures to satisfy them of its solvency and credit. Money was
received by witness and his firm on the credit of them sham
I HOW to the extent of 200,0001. These lists were first seat out
lie 1840, and continued. They were seat to Yuen. Allan,
of Edinburgh, who lent money, through witame's firm, on
the faith of them, probably to the extent of between 100,0001.
and 160,0001. Believed that when the bank was first esta-
blished there were sanguine expectations of its success ; and
the shares on first coming out, though they never reached •
premium, were considered a valuable property. This=
witness spent evenings with Mr. M. Boyd at
buildings, believed that the latter never knew Ms
name wee on the register of the Royal Bank se
I • shareholder until be repudiated it as above stated. I
Did not talk to Mr. M. Boyd on the business of the
beak, he being • perfect boy at the time, not more than 2d.
ICommunications may have passed between wand+ and
Memo" Allan, with reference to the accuracy of these lists.
When these 01.121e1l were put down for the respective skarn
in 1847, the bank was not exactly is diliculties. It had not
sunk to the water's edge for want of money. Had the shares
plaeed in respect of these names, thinking it wee very in-
consistent to see them without. The bank at this time
required 18,0001., for which the directors and their friends
became responaible, end raised among themselves. This was
during the panic and severe monetary crisis in the City, and
Boyd, on being applied to, signed • note for 1,0001.,
but could not say whether the transaction was at the end of
1847, or beginnise of 1848 ; or whether it was cotempora-
neously with the shares being placed in his name. Mr. M.
Boyd was applied to, and did this, not in the character of a
shareholder, but as • friend to the establishment, and be-
cause Mr. Lennox Boyd, who was • shareholder, could not
do it. Did all this as a director, being anxious to have the
share register complete, and thought be wet making Mr. M.
Boyd • shareholder at the time.
In reply to a question from hie Honour, to the effect
whether the witness area ever in the habit of putting down
the names of gentlemee as shareholders without their audio-
witness replied, No ; never.'.

THE LONDON,
HAMS BIRHIRE
RAIMINGHALWAY.
M, AND BUCKING-
Yesterday the winding-rip of this company's
affairs was opened before his Honour Master Kinderstay.
The proceedings wets am protracted as their termination WIIII
unexpected.
The petition on which the matter proceeded set forth that
the company was started with a proposed capital of
2,000,0001., in 100,000 shares of 201. each, deposit 21. 2m. per
share. A large number or shares, nearly 50,000, were
allotted, but the deposits were not paid, and liabilities anti-
, quidsted were incurred. It was arranged that the members
of the provisional committee should pay 1001. each to defray
debts and wind up the concern, bet very few paid the amount.
There weirs 104 nismben of the provisional committee.
The first list of oontribatorim brow ht in yesterday by Kr.
Goodchap, the official manager, consisted of the members of
the managing committee.
After hearing evidence as to the liability of certain mem-
bers of the committee, it was dimmed that Mr. Waddy,
who wee the petitioner before the court for winding up the
company, was not, according to his own evidence, a " mem-
ber or contributory thereof," in the Haw, ma holder of shares,
required by the act of parliament, and that in consequence
the order obtained on his petition could not be legally pro-
resided with, whereupon
His Honour adjourned the proceedings suss die, to give
time for all parties to consider what future coons had better
be adopted.