The British Press; or, Morning Literary Advertiser.
London, England, 1826-05-16 00:00:00

SIERRA LEONE.

(From the Glusgtne Conrier.l
A respectable gentleman has put into our hands a long
letter from a friend of his, who was in Sierra Leone on the
26th January last, at the date thereof. Where lie sow is,
is another question ; but he does most fervently pray that he
was out of that horrible place. IVe invert the most striking
parts of the letter, and in his own words. What a scene of
misery and disease and death does it disclose to our view !
That the magnificent battles said to be fought on Cape
Coast should be a hoax played off upon John Bull is really
not surprising, considering the delusions which. during the
last fifty years, have been played off upon John's credulity
regarding Sierra Leone ; but that there could be found a
spot on earth so pestilential and so fatal to the human race,
as to render it necessary for men in authority to have a
t ertificate from a superior that that being was alive wh6
spoke to them face to face, is what we did no; expect to
hear of till we heard of it from and in Sierra Leone. Really,
we helivve we must have a certificate from the Colonial
tame that there is such a spot as Sierra Leone in the
world

" Sierra Leone, January 28. 1826.

" I am still in the land of the living, as you may suppose ; but
1-. thiii cotton one's own assertion is not sufficient, as the military
ugonts. when about to pay the troops, in addition to the account of
the individual, that he is alive, require also the certificate of the
anurnanding officer of the corps. You can form no idea of this
horrible climate. Most of the officers lately come out, are dead.
(put of the number of 700 men, some time ago in high health and
spirits, and ready to go against the Ashamed, if that had been ne-
cessary, it would now be difficult to find fifty, or half that number,
tit for duty. bast year a detachment, consisting of 110 soldiers and
six officers, medical commissaries included, were sent to garrison
the Isles de Loss. Five officers are dead. The men are all nearly
so. The survivors are wretched, miserable looking spectres.—
Amongst the military, it consists with my knowledge, that one
company, on a particular station, was three times reinforced in a
short period. In one month (August) out of 89, six serjeants and
23 privates died ! Captain Rosa, Aide-de.eatnp, and Lieutenant
Turner extra, died since the beginning of this month. This is the
second nephew the Oencral has lost. His two nieces are still living,
but they go home Its the first ship. The men composing the corps
which are sent out from Britain, being culprits and convicts, ex-
ceed any thing I ran state, in licentiousness, depravity, and vil-
lany. They see nearly all low Irish. The crimes which are com-
mitted In one company in a week would ext.:id belief. When a
fresh batch dimes out and are landed, the scenes are dreadfnl„ and
did not the climate and fever carry them off so fast, I know not
what we should do. The Senior Lieutenants on the coast, at pre.
sent. are principally clerks, &c. eho were appointed pro trropore,
by the late Sir Charles Macenhy, and confirmed by the Govern.
went tes home. Some of these know not tin which side to wear their
gourd*.

With regard to the war on the Gold Coast. a more infamous
hoax was never pre tiseti than the battles fought with those na.
groet—the eiream.tancea I had from an officer who was present.
The late Sit Charles 3l•Carthy,by his goodness, had endeared him.
melt' te As native blacks ; on a palaver or quarrel breakt..g out he
main, was able to settle it for them. The Ashaotees and Akim
people, pith the Fantees, had a quarrel ; Sir Charies was then on
ribs (lola Coast. Sr heard the Ashantees were corning down, and
Went to meet them with the hand of the African corps. several
Mcrchants and adventurers. and a few black soldiers, to make a
a`,ow wish. On their meeting the Ashantea, Sir Charles ordered
te band to play " God wore the King." and advanced to meet
t. ern on friendly terms. The barbarians seeing the small number,
vtl at him and the others who were with him, and killed and
wounded several, put all the white men they could seize, except
ine, to death, whose name was why has since told as many
luts respecting this great battle as bee made Government give him
a situation here of 2.04 01. per annum. The next battle of. Colonel
Sutherland, those barbarians came down in great force to ('ape
Coast Castle, and encamued nearly two miles from it. The
Colonel proceeded to meet them with the natives and inhabitants,
mid both privies hid thetr.selrea and fired; the British were in
mom and did not fire, nor had occasion to tire the whole time.
When the parties were toed of this they left of. Colonel wuther.
land and the troops returned to the Castle. Next morning, when
they thought to begin again, the Ashantees were gone, none could
ta:l where, and lots of dead negroes were lying up and down. some
e disease end seine shot. Finally, the Ashantees went back to
urge homes. Such is the story of my informant."

TIII.VIDAD.

]From the Trie4ind Gt.i•dinn of March 10.]
THE PANIC.

ft bag frequently been observed, that John Bull gets a slight fit
at insanity once in a gilt= period, the truth of which has been ex-
emplified by our thinking countrymen In England for sonar years
past ; but we little expected that the influence of this dreadful die.
ease would extend to this distant part of the world—certain it iv,
however, that the Panic, either from contagion by the late arrivals
?neon London and Glasgow, the fashion of the thing, or from hid-
den locd causes, has at length reached this colony. On Friday
twosome of our commercial friends having been unaccountably
struck by this malady, were determined to make a run, but at what
was at first a puzzling question, as banking establishments are
here quite unnecessary, but at length decided it should be upon a
fish and provision warehouse. The reason of this selection is in-
esplicable, snd will felligill one of the arcano nature. Among
other causes assigned for this phenomenon. that which carries with
0 the greatest air of probability is, the accidental apparition of the
menial ycicped " Alguazil" of a certain official character before the
dntir of the devoted attire, early in the morning, decked out in a
flaming red plush waistcoat—no doubt assumed as an emblem of
sethority. This soon excited the observation of a gossiping neigh.
bourhood, and each, in an under-tone, communicated the discre-
ditable tale of the man in scarlet, till it waxed great, spread far and
mde. and operated to ruin the credit of the unluct y owner of the
milt-fish and provision establishment. Be Ibises it may, anti we
itheit only as an on die, creditor after creditor rushed in, demand-
ing immediate payment. At first the merchant fancied it must he
• boar practised upon him, but he soon found it was no joke. In
Min he declared he was not only solvent, but bad a hand, roe sur.
phis, enfficient to retire upon; in vein ha exposed his books, and
offered every muffin to sustain his credit and avert the shock.
Nothing but the pound of flesh would do ; the creditors in conater.
!IDIOM declaring they would not quit the premises unpaid—the pe-
at was at its height. In this posture of his affair% the astonished
merchant had sufficient presence of mind to hake the advice of a
friend. and shortly afterwards &matinee-0d to the an: inue crowd, that
as it was impossible for him to and money to satisfy all the de-
mands thus unexpectedly made upon him, and as his friends am
peered determined to be raid in some way or another, he could only
oiler them at the moment such articles as he had, at the selling
prices. to an instant every cart in town was engaged : salt fish.
which was already giving warning of going to vendue, was taken
twat rutty shillings, which would hare been gladly sold the day
before at thirty shillings i beef, pork, and butter (not like 3ladeira,
Improved by age).aas rolled away by the original vendor, at a si.
miler advance ; wine, that cost eighteen dollars. was seized with
evielty at twenty-eight ; and every other article in proportion.
Tallow candle% vermicelli, 'nap. macaroni, and other light pack.
agya, were hurried away without the ceremony of weighing; the
took store, even to a few rotten btitude, was compleely gutted,
add a list of debts, long numbered with the bad and doubtful,
iplardily assigned over in exchange for substantial receipts In full.
In chi. unprecedented and i ovel way was a commercial concern
wound op, to effect which the owner of it had long been most
analwas, and the work of the day concluded by leaving him about
four thousand pounds in pricket by his forced sales. Unlike simi-
Jor shocks in other commercial places, it appeare that all parties
set perfectly satisfied. and we are bar.py to learn that the panic lea
esidiely subsided, and commercial credit completely rotor: d.
Meilen 17.
ft is with the greatest pleasure we announce to our retn!ers, that
Me whale fishery, which has reesntly been established in our gulf,
- by a kw spirl•e4 Individuals of this town, has commt nc al under
the Meet favourable auspices, notwi listending the obstacles they
met with in Its outset, and from which undertakings of real utility
and advantage are rarely exempt.
The necessary arrangements were scarcely completed on Thursz
day the nth inst.. when a small whale was captured, and two full-
grown ones struck. hot unluckily escaped. On Monday last a large
whale, measuring WI feet in length, with a sticking fish about 20
feet long, were secured anti brought to the establishment on the
fiseparte Island. From the Immense numbers which surroanded
the vessel and boats while toot: g ashore the first young whale
I,
taken, there an be nn doubt of the sixteen of this spirited apecii-
Wino, sail of a ratable return to the etiterpriong individuels
whit have embarked in ir. We understand that considerable ditfi.
salty is at present experienced in procuring a sufficient number of
good boatmen, as there is occupation for titres times the number at
prevent engaged. Our readers will observe that the oil produced is
already advertised for sale, and we feel confident that env, (neon-
vestment wail be given by this community to so useful in under.
tannic, which, by opening a new branch of industry, will in all
probetiility be attended with permanent benefit to us all.
The naivety of this hazardous occupation attracted many of the
residents of Port of Stain to the spot t and this interesting spectacle
wit no doubt continue to afford amwertient during the season to the
lovers of water recursions and the inhabitants of the island generally.
The optician of whale with which this magnificent ahem of water
so abound., es to have obtained for it the original name of " the
Gollph of Whales" from Columbus. is the naleffe Nodose. the
bunch or hump-back whale, and the Buleine Tangos of the French.
Its natural history appears to be at present but little known, but we
bops soon to be &mired with such particulars, as will enable our
aciontffic readers In Europe to form a more correct idea of it. One
peat source of satiefaetion to those concerned in the speculation is,
that, ettaiveves difference there may be in the species, the size cap.
prwatbes nearly to those taker, in the Greenland seas, where they
minutes front 50 to 80 feet in length, and the quantity of oil pro.
load is, we are nappy to learn, nearly, if not quite, equal in pro.
portion.

The town in now getting quite gay, and the presence of
Ns Majesty diffuses joy and happiness, like the sun.beams of an'.
tostsdnatore ; and the encheutment of personal charms is an object
ati saitious solieitade, and the greatest additions to female loveli.
emits a beautiful white skin, accompanied •ith a blooming jure.
eilleesmplexion; also a tasteful arrangement of the floirjog tretsee.
&Ware effeetnally attein:d by the irresistible and magic powers
Of llrewlaod's Kalilkir and Macaws/ Cod.

LAIV NOTICE.

COURT OP KING'S BFNCR.
Or of the Jody,' of title Court. stteuda at Cteonders. en Thor:day and
Saturday asst. at 11 o'clock in the ibrenoutt.--Uated May 113.

LAW INTELLIGENCE.

SERGEANTS' INN, MAY 13.

IMPORTANT LEGAL QUESTION.
wisaricisY v. toILLAIIIa.
In this ease a proceeding was had before Mr. Justice PARK. in
which the plaintiff was required to show cause why the detendant
'Mould not be allowed to defend in iiirma propel is. It was an
action brought by Whiteley, the editor of the Lune, against
Ann Millard., a widow, to recover damages for a libel published
by her respecting him. Several actions have been brought for this
libel against a number of booksellers; and the cirrionstances from
which it arose, it appears, were as follow :
The late husband of the defendant was formerly superintendent
of the Theatre of Anatomy of St. Thomas's Hospital, in the Bo-
rough. One of the duties of the situation was to receive the sub-
jects brought by the "resurrection men," art,. in behalf of the Stu-
dents, and of the Medical Professors of the Hospital, then Alr.
Green avd Sir Astley Cooper, to negotiate with them for the pur-
chase. In IWO a rival School of Anatomy raised its head in the
I Borough, for Summer Lectures, by a Mr. Grainger, which was so
very successful, that it excited much jealousy and apprehension
in some of the other schools, with respect to the abatement of the
number of pupils. Millard was discharged in 11122 from his situa-
tion at St. Thomas's Hospital, without having heard of any
complaint against him. He soon afterwards engaged with
Ale. Grainger as superintendent of the School of Anatomy,
at the head of which that gentleman was. It was alleged,
in the libel, that the services of Millard were received with
jealousy ; and that upon a sham appointment to superintend
the removal of a subject from the London Hospital, he was entrap.
ped as a resurrection man, taken before a Magistrate, prosecuted
with rigour, and committed to Coldbath Fields prison under the
Vagrant Act. The consequence of this imprisonment upon his mind
was, that it increased his previous ill health, and at length brought
him to his grave. Ile left a wife and six children utiprovided fur ;
his widow, whether justly or unjustly, declared the imprisonment of
her husband to be the result of a combination, and pursued all whom
she those to conceive were parties to tt. She carried some of her
documents to Mr. Whateley, the Editor of the Lancet, and he
promised, in one of the numbers of that very popular work, to
publish them. He, however, did not pertbrm that promise,
more important matter probably interfering, and she pub.
dished a narrative, in which was contained the libel in question.
In it a number of the most respectable practitioners were ac.
cue, dof having persecuted her husband " unto death." I ithers
were assailed with charges of peculating and misapplying pub.
lie funds, and statements were made respecting the mode of
procuring subjects for Anatomical Theatres, which, if true, it
would have been better to have withheld. Amongst others,
the plaintiff was charged as having joined her husband's per-
secutors—and she republished the report of a trial, in which he
brought an action against the Hope Insurance Company, to
recover the value of some property destroyed by the burning of
his house in Argyll-street, in August, 1820. This republication,
' with wattle remarks, containing serous accusations, form the
chief ground of action.
Art affidavit was now put in from the defendant, in which she
deposed that she was put worth 31. after the payment of bee
debts, and prayed to be allowed to defend the suit in JOT lot a
paMper if.
,ilr. Lot Y appeared in behalf of the plaintiff, and opposed the
prayer of the petition. He cited the opinion of 3lr. Baron Bullock,
who, in his Work on the haw of Costs, page 2:19, edition 111111,
says, that a defendant in a civil action is never allowed to defend it
ass pauper.
hlr. BLACRFORD, in behalf of thedefendant, said, he should be
able to prove that she was entitled to be defended infi/rnui pimperis.
It would be most singular in principle if a subject were allowed to
do a voluntary act, or to sue in Pomo pauperit, whilst lie might
by dragged before the Court, and not allowed any defence, it' he
hail nut the means of defraying tire fees of Court. Rut in the case
of Rex v. Wright, 21 Stra. 1041, it was said, " It is a singular
favour to admit a defendant a pauper, but if such defendant will
plead a dilatory plea, the Court will dispauper him." In Viner's
Abridgment it was said, "'A defendant cannot be admitted a forma
pimpi rig without lirst moving the Court, by a late rule." The 2d of
Geo. 11. cap. 211, enacts, " that persons arrested on atropin*, or in.
formation, relating to the Customs, may be admitted to defend in
forma po"ptris."lhe principle was then recognised by Statute,
though that of the lith Henry VII. cap. 12, enabled persons to
sue as paupers but did not not name defendants.
Mr. Justice PARK—I cannot take Vince* Abridgment. I must
be governed by the latest authority, that of Mr. Baron [hillock.
who is alive and well now, and will, I hope, long continue so. I
see here lie says a defendant in a civil &aim- cannot be admitted
to defend is forma posperir, because no person can be admitted to
sue or defend as a pauper, but under some Act of Parliament, and
the Statutes of the 11th and 2351 of Henry the Eighth contain no
provision' on behalf of the defendant, but merely enable the plain.
tiff to sue in that form ; and if the Coutts had a discretionary
power, without the authority of a Statute, to admit persons in civil
suits to proceed in forma pouperis, they,would, in diet, possess a
power of dispensing, in marry instances, with the operations of
Statutes relative to costs. This is quite clear.
Mr. BLACIIFORD urged the extraordinary anomaly in principle
which this opinion went to establish against the older authorities.
Mr. Justice PARK said he did not entertain a doubt upon the
subject.
Mr. BLACTIFORD declared that he appeared from motives of
humanity towards the unfortunate widow and her children, who
were now receiving parochial relief. She had been served with
notice of a declaration, consisting of between aoo and 300 folios,
and for which between 41. and 51. were charged, at the same time
that she had not so many shillings to pay for them.
Mr. Justice PARE said the case was undoubtedly a hard one,
but the law allowed him no discretion in the matter.

The parties thus left the presence of the Learned Judge. As
they were going away, a clerk exclaimed to Mr. Blachford, " stay,
you must pay 25."
Mr. ilLactrroaD—Two shillings! for what? Clerk—For
filing the affidavit.
Mr. BLACHFORD—I don't want it filed. Clerk—But it must
be filed.
Mr. BLACHFORD—What ! if I don't want It filed ? Clerk—
Yes.

Air. nLACHFORD—And must I pay 2s. though I don't want
it ? Clerk—Yes. It is the Judge's order that every affidavit
sworn before him should be tiled.

Mr. kilachford men, with manifest reluctance, paid the two
*billings.

OLD BAILEY SESSIOXS, MAY 15.

NEW COURT.
TIIE EQITITA RIX TEA Ali ENCY COMPANY.
Win. Gitaudry, aged 111, habited as a Quaker, and described as a
merchant, was indicted tot obtaining by false pretences from John
Bell a hark note value 201. with intent to defraud him of the same.

31r. Aiv nnEws stated the case for the prosecution. The offence
with which the prisoner stood charged was a transportable one,
by a • statute made in . the reign of (leo. 11., but in cases of con.
vietion the Judges had a discretionary power to commute It to a
short term of imprisonment. The prisoner had represented him-
self as connected with an establishment which was termed " The
Equitable Tea Agency Company," and in that capacity had received
money from the prosecutor by means of pretences which would be
proved to be false. The prosecutor and ilk brother, whose name
would be mentioned in the course of the inquiry, were tea-dealers
at Huddersfield, in Yorkshire, and they, in the autumn of last
year, saw a prospectus of this notable company, with Directors'
names, &c. all set out in due form, and, what was a score im-
portant lure, there was a strong probability held out that adven-
turers in the " scheme" would realize 25 per cent. upon their ad.
vane's. The prosecutor was induced to write to the prisoner, and
the letter. would be put in and read the object he had in view
was to gain further iiiimmostion relative to the Company, and in
corsequeuce of the written counnutications of the prisoner, he and
his brother were induced to advance money, out of which tran-
saction sprung the present indictment He (Mr. Andrews) should
be able to prove that no such Company ever existed, that no meet-
ings were ever held, and that the very gentlemen whose names
appeased on the flaming prospectus as Directors were, in fart, en.
tircly ignorant of the existence of such an establishment. When
the Jury had heard the testimony he was about to adduce, it would
be for them to say, regardless of consequences to the prosecutor,
whether the defendant was guilty or not.
Ale. John Bell stated, that in August last his attention was at-
tracted by a prospectus of " The EquitableTeaAgency Company,"
which induced him to write to the prisoner, both on 'his own ac.
count and that of Mr. Nicholas Bell, his brother. On the let of
September he wrote to the prisoner to asrertain whether he could
get ten or fifteen shares, and also for further information as to the
plan upon which the Company intended to act. Witness re-
ceived a very flattering account on the 7th of September from
the prisoner, and the letter was dated from No. 111, Fenchurch-
street, sth 9 month, 1025, and signed by the prisoner. The
letter stated that the shares were nearly all disposed of; but
as • few were reserved for particular inquirer., he could be accom-
modated with the number he wanted, and several others, if any of
his friends wished to become shareholders. The speculation was •
gond one, as the company would reap those advantages which had
procured a few tea•dealen; princely fortunes. Witness then de.
'mooched • letter for ten shares on his own account, and ten fur his
brother, enclosing at the game time the nose which was the subject
of this indictment ; Mid in due course the shares were transmitted.
The cumbers were front 8031 to 8040 inclusive, and front 0001 to
11110 inclusive. The pieces of paper now produced are the sante.
ITh...correspondence between the prisoner and the prosecutor,
which has already been published, was now read, and the letters
of the former etched considerable Isugliter.l
Cross-examined by Mr. BRODRICK.—WitnePA never received
any advantage from the shares, nor was he likely to receive any.
( Laughter.) ‘Vitt,ma was actuated by the prospect of getting 25
per cent. fur his money. lie considered that the deposit was en-
tirely lust.
%Ir. Nicholas Bell gave similar tevienone to that of his brother.
Ale. Haines Morgan ststetl, that, in October lest, the prisoner
took hint Into his employ, to attend the counting-house, but he
left in about • fertnight, because trade appeared to be slack.
(Laughter ) On the 6th of December he went again, and remained
there until the prisoner was taken before the Lord Usyor—never
saw many gentlenirn, or any tea, at the company's depot. A Mi.
Marshall was there sometimes, and other gentlemen, but witness
always withdrew on those occasions. He had frequently seen the

THE BRITISH PRESS.

printed prospectuses lying about the room. Mr. (foundry was a
lodger. and only occupied two rooms on the first floor.
John Greatosex Marshall examined.—The witness stated that he
is a commissioned traveller ; has known the prisomr a considerable
time ; Is aware that his name is enrolled among the Directors, but
though it appears so conspicuous, he does not believe that such a
company ever existed ; never gave his sanction to such a measure ;
knew of the project long before (laundry sat apprehended.
By Mr. Brioneurcw.—Has felt a great objection to his name
being made thus conspicuous, but never remonstrated, because lie
took no notice of it,—(A laugh.)—Did not believe there was aoy
thing in the concern ; never tack an active part in the manage..
menu ; never received any of the profits, or bad a share in the
Tlventtire. lie certainly used to call at the counting-house to see
the newspaper, perhaps four times a week, but on these occasions he
never wrote letters to go to the country ; might have directed some
on one occasion ; if he had been so employed more than (tee, had
not six times. Does not know whether the prisoner is a Quaker,
but haltelieves he is, Knows Mr. Cocking,..who he thinks is of
the same persuasion, but has no knowledge of persons named
Hodgson aid Harper in connexion with this concern.
Mr. Joseph Pilling, a hop-factor and seedsman in the Berough,
deposed that he never authorized his name to be put down as a
Director the first time he discovered it was by reading The Times
paper at York, and die circumstance created great surprise.
fly Mr. BRoDEßtcx.—Never had any shares or scrip connected
with the speculation. The witness believed that no such Company
was ever organized.
Mr. George John Morgan proved that he printed the shares
produced, but never above lOW. His recount had not been settled.
This was the case for the prosecution.
Mr. BRoDERICK took an objection to what he considered an
informality in the indictment. The prisoner WAS charged with
fraudulently obtaining, &c. 201. the propert of John Bell,
whereas it appeared by the evidence that only 101. was the property
of that gentleman, his brother, Nicholas Bell, having contributed
the other moiety, and consequently received a corresponding num.
her of shares.
The COMMON SERJEANT said, that this was a point of law,
and he should like to have it argued at once, for he was free to
confess that it appeared to him that there was souse ground for the
objection, inasmuc'u as the evidence adduced was at variance with
the allegation upon the record.
Mr. BRODERICK and Mr. ANDREWS then argued the point
pro and eon, after which,
The Learned Cc:l3lll'ost SERJEANT observed, that out of the
numerous counts in the indictment, laid as various WI they were,
there was rot one upon which theprisonet could be convicted, if
the evidence was put in contradistinction with the indictment.
The Jury, therefore, under the direction of the Learned Judge,
acquitted the prisoner.