The Sun.
London, England, 1862-02-27 00:00:00

eminent geographers who have lent their valuable
aid in promoting the undertaking, yet I cannot but
hope that the large amount of additional fertile
country it has brought to our knowledge will com-
pensate in some degree for the deficiency. I am
however unable to refrain from expressing my opi-
nion that had not so many concurrent circumstances
combined to retard the departure of the expedition
until so late in the season, and it had arrived on the
coast at the time originally recommended by the
Geographical Society, it would, in all probability,
have resulted in the full accomplishment of the ob-
ject they had in view.

It now devolves upon me to perform the pleasing
duty of recording my entire satisfaction with the
manner in which the whole of the members of the
expedition put forward their best energies in the
performance of their respective functions. To Mr.
Turner I am indebted for the care bestowed on the
management of the store department, which came
under his immediate charge. To Messrs. Brockman
and Hall, J. M'Court, and James, are due my ac-
knowledgments for tLe cheerful alacrity with which
they performed the duties allotted to them.

Of Messrs. Maitland Brown and J. Harding I
cannot speak too highly. Accompanying me on
all the extra services upon which I was engaged,
they had to endure privations of no ordinary de-
scription, which they met with a spirit of steady
fortitude deserving of the highest praise. Of the
valuable services rendered to the expedition and
to science by Mr. P. Walcott I have already had
occasion to refer, and I sincerely hope that his
talents and zeal in the pursuits of botany and na-
tural history may meet a more substantial reward
than the thanks which are justly due to him and
those gentlemen who have given their time and
talents gratuitously in the service of their fellow-
colonists.

To Captain Dixon and the officers and crew of
the Dolphin every praise is due for the assistance
which on all occasions they promptly afforded in
aiding the expedition, and for which I gladly avail
myself of the present opportunity to return my best
thanks.

In conclusion permit me to tender to your Excel-
lency my acknowledgment for the readiness with
which you have acceded to my various suggestions
in carrying out the arrangements of the expedition
since the passing of the vote of money in aid by the
Local Legislatnre,—l have the honour to be, your
Excellency's most obedient servant,

F. T. GREGORY,
Commander N. W. A. E.
His Excellency Govornor Kennedy, &c., &c.

LAW INTELLIGENCE,—(Feb. 26.)

COURT OF CHANCERY.
IN BANKRUPTCY-IN RE SCOTT RUSSELL.

The Solicitor-General, Mr. Bacon, 11Tr.Rox-
burgh, and Mr. Garth (of the common law bar) ap-
peared in support of a petition against the adjudi-
cation of Mr. John Scott Russell, of No. 20, Great
George-street, Westminster, and of Millwall, ship-
builder, pronounced by Mr. Commissioner Goul-
burn on the 22d inst. ; Sir Hugh Cairns and Mr.
Bagley, for the petitioning creditor, appeared to
support the Commissioner's judgment; Mr. Cotton
appeared for the official assignee.
The Solicitor-General stated that the decision of
the Commissioner was disputed on two grounds—
namely, that there bad been no act of bankruptcy;
and, secondly, that there was no valid petitioning
creditor's debt. Mr. Scott Russell was under con-
tract to build the Great Eastern steamship, and he
made a sub-contract with Mr. Lester (the petition-
ing creditor) for the performance of works to the
upper deck for £5,500, and time was to be an im-
portant ingredient in the contract. The sub-con-
tract was not performed in time, but all the money
except £5OO was paid. There were other cross
demands between Mr. Scott Russell and Mr. Lister
for materials, labour, &c. After the happening of
the accident to the Great Eastern disputes arose
between the company and Mr. Scott Russell, and an
action was brought by the latter, and finally the
matter was referred to arbitration, in which an
award was made in favour of Mr. Scott Russell for
£lB,OOO, but that sum was given after striking out
all items relating to the works Mr. Lester had un-
dertaken to perform, amounting to £2,000. Mr.
Scott Russell was obliged to appeal to the Court of
Queen's Bench to enforce the award, and he pro-
ceeded for the £lB,OOO. Mr. Lester pressed Mr.
Scott Russell for the payment of the balance due to
him, and on the latter demurring to pay more while
there was the claim unsettled between the company
and their contractor, an action was brought by Mr.
Lester, and that action was itself a subject of arbi-
tration, which arbitration was proceeding, but no
arbitrator had been appointed.
The Lords Justices required the question to be
argued whether in such a state of things the credi-
tor had a right to proceed in bankruptcy, which was
accordingly done.
Sir Hugh Cairns and Mr. Bagley addressed the
Court on the point, after which
The Lords Justices ordered the remainder of the
case to stand over until next Wednesday. The
advertisement is stayed until after the petition is
disposed of.

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.-CARLISLE, Feb. 25.

CROWN COURT.
(Before Mr. Justice Willes.)
Robert Robinson, blacksmith, 50 ; William Ro-
binson, blacksmith, 22 ; and Hugh Earl, blacksmith,
40, were placed at the bar upon the charge of the
wilful murder of Edward Atkinson, water-washer,
on the 14th of January last, at Brocklewath.
Mr. Overend, Q.C., and Mr. Maule appeared for
the prosecution ; Mr. Campbell Foster and Mr. W.
C. Gully for the prisoners.
It appeared from the opening statement of the
learned counsel for the prosecution and from the
evidence of the witnesses called that the prisoners
were engaged in catching salmon (poaching), and
that the person called Edward Atkinson was at-
tempting to apprehend them for what they were
doing. By an Act of Parliament passed last year
(the 24th and 25th of Victoria, cap. 961 there was
a provision that if any person should • attempt to
take fish in any private property in which any per-
son had a right of fishery it was an illegal act ;
and the Act further provides that if any person
was so found doing any person had a right to ap-
prehend him and take him into custody. The
learned counsel said that these three men were en•
gaged in attempting to take fish at a spot which
was the private property of a person who has a
right of fishery ; and that the person who was
killed was lawfully going there to take them into
custody, and at the time he was attempting to ap-
prehend them he was killed by them, which by the
law was wilful marder on their part. It appeared
that the Earl of Carlisle is Lord of the Manor of
Cumwhitton, and has there the manor and
the fishery in the river Eden at a place
called Brocklewath, and it appeared that this
Brocklewath is a place to which salmon resort very
much to spawn. On the 13th of January the de-
ceased, Atkinson, who had been a watcher for a
long time, with another watcher called Bowman, a
policeman named Cowman, and a labourer named
Irwin, went in the direction of Brocklewath for the
purpose of watching during the night. They ar-
rived at Brocklewath about one o'clock in the morn-
ing. There is a little island in the river there; and
their object being to conceal themselves, Atkinson
took off his stockings and carried first one and then
another across the small stream which separated it
from the river bank. They concealed themselves
among the willows till between six and half-past
six in the morning, when they heard a dog bark in
the direction of a house occupied by a farmer named
James Milburn, which is situated about 50 yards
from the river side. Waiting for a short time they
heard footsteps in the main stream, and presently
they saw a man in the river, evidently fishiNg.
They kept quint, and presently he came nearer to
them, and went on fishing by the side of the island.
The men went side by side with him for some 20
yards, and then, for some reason or another he sud•
denly gave a whistle. Immediately on his doing
so the deceased, Atkinson, jumped into the water
and seized him, and then called to Bowman,
"Come in, Bob, and help me."
roundwith
a pc
Accordingly Bow-
man went in, and Atkinson said, "Put the twitch
on
him." A twitch is a small
\hhandleich of
pu wood,t
it' v
more effectually.
the
eieare of string
arm
and
ding securesattace
hadperson to
Accordingly Bowman and he were engaged in put-
ting the twitch on when the man said " Thereis
todothat Ithat will go
quietly." Cow-
imnsolaann occasion h
wase t
told by Atkinson he need not come
into the water; and
while he was going along the
hought he heard, a little
noise of some persons
a
ward and Met two personsPl)rQ with sticks hing. l
He wienn t
theirfor
hands and with arms
upliftedon a ct
coltnlima
t a
h reba tree; iczio ar tt thi
tude. Cowman said,
e
peace, lam a police °tith er." However,
instead of
desisting, the
smaller of the two, who would be
identified as the younger Robinson, struck him
the OhOtilder,on
and after that th 9 other struck him a