The Sun.
London, England, 1822-11-21 00:00:00

VAN DIEMEN'S LAND.

Extract of a letter from Hobart's Town;dated
July 23:
" Our most sanguine expectations have been realized since
our settlement here, and the produce of this island continues to
increase. We carry on a considerable traffic with New South
Wales, particularly from Post Dalrymple, whence eighteen ves-
sels have sailed fpr Port Jackson, bearing the produce of that
portion of our island, since the 31st May last. Since January
_we have dispatched six vessels loaded with wheat, the growth of
this place, five of which were for Port Jackson and one for the
Cape of Good Hope. The climate here is very salubrious; and
entirely free from those stagnant and pestilent vapours too often
found in this part of the world ; and no venomous reptiles have
yet been fOusid of any consequence. This island affbids every
facility to the husbandman, as, from the total absence of woods
of any .great extent, there is but very little trouble, in preparing
the land for the plough, and the soil is naturally rich and fertile,
occasioned by the rains which fall in due season, and con-
stantly as well as gradually water the earth without occasion-
ing any dread of inundation. Within the present year the po-
pulation of these parts has much improved in respectability,
and the' order of the Colonial Officers, prohibiting the per-

mission to settle here of any individual not poSsessing up-
wards of 400/. has made it at once select and creditable, and

has tended to improve the health of the place, as almost all
settlers prefer this to any other part of New South Wales,
both on account of its fertility and its general respectability.
Port Dalrymple is becoming a place of considerable import-
ance, and for this it is principally indebted to its fine liar-
bOur, which affords a secure retreat for this shipping. This of
course is of great service to the inhabitants of George Town,
who are 'rapidly rising into Wealth, and that place, in course of
time, • will become a town of some magnitude. «'e have
abundance of iron here, and recently large quantities of
coal have been discovered near Launceston, which bid fair to
be of great utility to us. , We have fOund no difficulty since
our arrival here of raising ony description of English vege-
tables ; all that we have tried always turned out successful,
and cabbages and turnips we even imagine to have a better
flavour than in England. Potatoes are very prolific here, and
are raised with the greatest facility. We expect next' season
to carry on a considerable cominerce with the Cape, as we un-
derstand their wheat crops have failed entirely for the laSt three
seasons, in which case our market will be enabled to supply
part at least of their wants.
" This town has improlied most astonishingly in its archi-
tecture, and the houses are built as regular as in many parts of
,England, allowing, of course, for our want of some of the most
useful tools requisite to finish off a building.
" It is immagined now, that the population of this island is
about 7 or 8,000 persons, without numbering those connected
with Government; and we have about 12 or 13,000 acres of
land in a fine state of cultivation.
" One of the things most in request among- the settlers is
proper harness, for very few are adepts enough to make a set,
although they contrive, from dried skins, to produce a substi-
tute ; and some of your saddlers, we think, Might make a toler-
able speculation •by sending out a few sets, receiving in return
some of the produce of this place, which they might turn to good
account on the arrival of the vessel in England.

EXTRAORDINARY EFFECTS OF GAVANISM.—
The benefit to be derived from the application of
the galvanic principle to the human body under
certain diseases, has long been doubted, and even
held in derision ; but we have lately witnessed
so powerful an effect from this kind of operation,
that we feel no hesitation in laying .the same be-
fore our readers. Many of the inhabitants of this
town are aware that there- is now residing in
King-street a man named FOULDS, who, for up-
wards of two years, had lost the use of his lower
extremities, and was to be seen, upon crutches,
dragging his legs after him, at once an object
exciting our greatest pity and commiseration.—
This poor fellow had been favoured with the
most respectable medical advice, both in and.
out of an hospital, and was at length given up
as incurable. A benevolent and venerable
Quaker, Mr. FREDERICK SMITH (of Croydon,
and of the Haymarket, London,) happened
to be visiting lately in this town, and hearing of
this poor man's miserable situation, he, with that
philanthropy which has long marked his cha-
racter, was induced to attempt his relief. With
feelings of pity he entered the poor man's abode,
and by the persevering use of Galvanic Points
(an instrument resembling Metallic Tractors)
" the patient sufferer was enabled in a short time to
lay aside his crutches, and walk to church, to
pour out his grateful praise to ' God for blessing
the means thus made use of for restoring him to
the use of his lirubs.—(Maidstone Journal.)

LAW INTELLIGENCE.

COURT OF CHANCERY, NOVEMBER 20.
THE MERMAlD.—(Further Particulars.)
STEPHEN' ELLERY V. BARETTI.

Mr. HART was instruced to make an application to the
Court, under rather pressing circumstances. His motion was,
that his Lordship's injunction should issue to restrain one
Baretti, the defendant, from removing the Mermaid, or dried
specimen, represented to be such, from the room in St. James's-
street, where it was at present deposited and exhibiting, or
from otherwise disposing of it.
The LORD CHANCELLOR—A Mermaid !
• -

Mr. HART-A Mermaid, or at least the representation of
one, which (whatever it might turn out to be) his 'Lordship
would find had cost the plaintiff upwards of 1,2001. The
Learned Gentleman then went on to state, that about five years
ago the parties in conjunction purchased the ship Pickering,
of which they were to hold shares according to the rate in
which they had respectively contributed, namely, the plaintiff
seven-eighths, and the defendant one-eighth. The ship sailed
from London. for Ostend, under the care of Baretti, in August,
1818, upon the South-whale fishery. .She touched fro'in time
to time at different places, and the defendant kept up a con-
_sfant communication from port to port with plaintiff; informing
him of the speeies of traffic in which the vessel was engaged.
This continued to be done regularly up to March in the
last year, when plaintiff was advised by letter that defendant
was about to take in, a cargo with which he should imme-
diately return to England. In January last, however, the
defendant wrote another letter (which plaintiff received with
much surprise) in which he stated that he had sold the ship for
upwards of 6,000 dollars, and declared that it was his intention,
to return with the produce .to this country, having first endea-
voured to obtain fron- the Government of the Netherlands a
gratuity as recompence for his exertions in having saved the
crew of a Dutch man of war. Instead of going to Antwerp,
however, as he had proposed, he was seen soon after in Lon-
don. Mr. Hari stated that the plaintiff had just discovered
that his reason for so doing was this—that he had touched at
Batavia, at which place a.vessel had just arrived with the spe-
cimen in question on board, which the proprietor had brought
there for sale. The defendant became the purchaser, and in
the transaction expended 6,000 dollars, out of the produce of
the brig, which he•then held in his hand in trust for the plain-
' tiff. He then came to this metropolis, where he had been ever
since exhibiting the mermaid as his own property, keeping the
`produce exclusively to himself. The plaintiff then stated that
he believed Baretti
.had neither money nor means of his own
with which to make the purchase,'excepting the produce of the
vessel, he having remitted his 1-Bth share of the profits of the
trading long previous to his family in England. The bill then
charged, that the defendant had directed the persons who had
the care of it, that in case any claim should be preferred to the
-mermaid by the plaintiff, that then it should he removed to
some other country, intending thereby to defraud the said Ste-
phen Ellery of 7-Bths of the produce of the vessel, or nom the
advantages resulting from the expenditure thereof. The ob-
ject of the bill was to restrain him at present from 'removing
this subject, whatever it was, in order that it might remain
within the power and controul the .plaintiff, until he could
prosecute his legal remedy. The Learned Gentleman was
aware, that so grave an application respecting a personage who
had been hitherto generally supposed fabulous, might have a
ludicrous effect with some persons.
Tae Loup CHANCELLOR did not think so, but was clearly
of opinion, whether maid, woman, or fish', or -all three, that it
came within the jurisdiction of the. Court.
Mr. HART said, that to his client it was matter of serious
import.
The LORD CHANCELLOR.--The question was, whether it'
had been made out sufficiemly.clear that 'this lusus naturce had
been brought over by means of the produce of the ship ? whe-
ther the- plaintiff's interest in the ship was followed up by a
.legal claim in,the fish ? What were the terms in which it was
sworn that it was bought with the produce of the ship ?
Mr. HART.—The terms in which it was sworn were most
positive. The Learned Gentleman then read the affidavit,
:which bore out the above statement., it appeared that' the mer-
maid was caught in the seas north of China, and that it , had
been exhibited at the Cape of Good Hope for upwards of a
Month, without mention of the circumstance being made to
deponent.
The LORD CHANCELLOR—Let the defendant be restrained
from removing or disposing of it until further orders.
Mr. HART—Perhaps service of his Lordship's minutes would
be deemed good service to the defendant's servants or agents?
The LORD CHANCELLOR-In order to keep clear of any
mistake arising out of this method, it would be better they should
be signed by the Registrar. His Lordship thought also that they
might at the same time be served with a subpoena.—lnjunction
granted.
The Court then proceeded with the case of

DEERE V. WARD.
Mr. WETHERELL concluded his argrnent against...the al-
lowance of a new trial.
The LORD CHAN c-PLLon asked if notice 'of this motion had
been served on the Attorney-Goieral ?
Mr. SHADWELL apprehended that Mr. Attorney would not
press for anew trial, as the'verdict already given was favour-
able to the Crown. ' _ _ _

The Lo itirCRANcELL on did not think it was quite of course
that he would so act.
Mr. WETHERELL.—If by his misconduct the defendant had
brought upon himself the animadversion- of.the.. Court, such
punishment by fine or otherwise, as it might think fit, the
Court ought to have visited upon him ; but it should not, at.
the suit of persons who were participators to a large degree in
the offence, rob Mr. Ward of an estate of 2,0001. a year, be-
cause he had permitted that secresy which had originated with
his predecessor, and from Which it was not attempted to be
shown that he had-reaped any-benefit.
The LORD CHANCELLOR thought Mr. Wetherell took a
very different view.of this case to what he did. He did not look
at the case as regarded the punishment, but considered it in
this soft of way—that from 1796, and perhaps a longer period,
it had been represented to the Court that certain persons
were the next of kin and heirs to the estate of the lunatic, by
Mr. Ward, who was the officer of the Court in the, character of
Committee. Now in ordinary cases it would be of course
when the lunatic died that the gentleman who had got pos-
session of the estate, or Committee, should be told there was
an end-of his title to hold by that character. It was not
merely-the interest of the parties that was to be attended to,
but by calling in the assistance of the next of kin, the Court
was bound to secure the property of the lunatic, and there-
fore it would have been matter of course, admitting the
estate to belong to Ward, that lie should have delivered pos-
session of it over to the heirs at law. If this were to be
considered as an ordinary motion for a new trial, his only
consideration would be whether he was satisfied with the for-
mer trial ; but it involved much grave matter. Taking this
view he most anxiously desired that Mr. Attorney General
should not only have notice of motion, but that at his Lord.
ship's instance he would consider it fully, and speedily
decide on what course he intended to adopt. If Mr. Attor-
ney attended to this notice, he would explain to him his
notions on it. If in this particular case the sort of treatment
which the. Court had received at the hands of Mr. Ward
was to be overlooked,- it was fitting that it should be under-
stood as forming a precedent where in other cases it might be
repeated with impunity. It Was for this reason that lie more
particularly wished that the Attorney 'General should con-
sidered it.
Serjeant Bosalnau ET, on the same side, weadd not interfere
with his Lordship's jurisdiction in lunacy or equity, but confine
himself to the general merits of the case. With respect to the
new trial, the only question was, whether his Lordship was
satisfied with the fact found by the Jury, namely, that the
lunatic was born out of wedlock ? In support of the negative of
this question, the Solicitor-General had laid considerable stress
on Mr. Carr's having kept material documentary evidence from
the consideration of the Jury. Now, allowing the objection,
the strength 'of it would rest entirely upon the value of these
affidavits so alleged to have been withheld. - The first was that
of Rebecca Cotton, the mother of the lunatic, which merely de-
posed that the allowance to her son met the general approbation
of the family. 'What effect this could have had on the decision
of the Jury he could not conceive. The other was, the affidavit
of Evelyn Rowland Cotton, the brother, who stated that his
father'had before his death taken out the Commission of Lunacy
against his son.
The LORD CHANCELLOR thought it a most important part
of the affidavit, where, in taking out the commission, the father
termed the lunatic his heir.
Serjeant BesANQuENT.---That was set forth over and over
again before the Jury. Adverting to the concealment of the
illegitimacy by defendant, he contended that the head and front
of his offending wee, that he did not inform against his mother
and aunts (the plaintiffs), and they were now the persons who
brought it forward as an offence that ought to deprive him of his
estate for life. It operated severely enough against himself;
but be conceded the point, because he would not deprive them
of their only maintenance.
After the- Learned Gentleman, had concluded his Lordship
rose, and the cause was postponed sine die.

COURT OF KING'S BENCH, Nov. 20.
The COURT were engaged, till near one o'clock, in hearing
Mr. Rotniasow and Mr:MARRYAT on the motion for a new
trial in the Tithe cause of Butt v. 'Wiseman. Before one, the
Lord CHIEF-JUSTICE left the Court, to sit at Guildhall, and
the other Judges took only ordinary motions, and shortly rose.

Nothing occurred of any interest to the public. It is still quite
uncertain when the case of the King v. Williams will be heard.

coma OF COMMON PLEAS, NOVEMBER 20.
DAWSE V. OARRATT..

This was a special case, brought before the Court for the pur-
pose of determining whether an additional, pair of horses put to
a stage-coach as leaders, to assist in drawing it up a hill, ren-
dered the coachmaster iable to the duty on them, as oh post-
horses, under ihe'provision of the•Post-Horse duty Act? The
arguments occupied the Court during the greater part of the
morning, when the CHIEF-JUSTICE said, the Court would
defer giving judgdment till a future day.—Mr. Serjeant LENS
argued in support of the imposition of the duty, and Mr. Ser-
jeant LAwEs against it.—The Court broke up about half-past
two o'clock. •

- PREROGATIVE COURT, Nov. 20.

CHASE V. YOUNG.

In this case the Archdeacon of Norwich had entered his
caveat in the Prerogative Court, against its probatepassing to
the will of a party who had died in the city of Norwich. This
he did on the ground that the case came within his jurisdiction.
It had been satisfactorily proved, that the goods and credits
were of sufficient amount to establish the case as coming within
the jurisdiction of the Prerogative Court of Canterbury. The
executor named in the will had suffered considerable inconve-
nience by reason of the caveat which had been entered.
Dr. JENNEIL submitted to the Court that costs should be de-
creed against the Archdeacon, on account of the inconvenience
die executor had suffered.
Dr. lAUSHINGTON on the other side, contended, that these
inferior jurisdictions were frequently subjected to the greatest
difficulty in ascertaining what cases did or did not come within
their cognizance. It would therefore be extremely hard, in
this case,
_to condemn the Archdeacon in costs.
Sir J. NICHOLL said, that as to the question of the expence
of the proceeding, which the parties might have incurred, be
was not disposed to consider.the question on that ground as
upon another and more important one. His objection was, that
the Archdeacon had thought fit to enter his caveat in this
Court, and as the interference of inferior jurisdictions with the
power of their superiors should by no means be drawn into a
precedent, he felt it to be his duty to condemn the Archdeacon
nn costs.