The Sun.
London, England, 1841-01-28 00:00:00

KENSINGTON GARDENS.

1 REPLANTING THE AVENUES IN THE STYLE
OF THE FIFTEENTH CENTURY.
We are glad to see a number of men employed in
digging pits for planting trees in Kensington Gardens ;
but we regret to observe that, as far as the planting
has proceeded, the trees are generally only common
elms, though in one place, indeed, horse-chestnuts have
been employed. The pits are dug in lines, with the
obvious intention of restoring the avenues with which
these gardens were formerly intersected in various di.
rections. We see no objection to the keeping up the
ancient style of laying out these gardens, by planting in
avenues rather than in scattered groups ; which if dis-
tributed nearly uniformly over the surface, as they are
in some parts of the Regent's Park, would, when the
trees become large, cause a stagnation of air, so as to
prevent the surface of the ground from being so
quickly dried after rain as it otherwise would be.
We certainly think, however, that the ancient mode of
planting might be so f'ar deviated from, us to introduce
a good many different kinds of trues in these avenues,
instead of one kind only. The grandeur of an cvenue
as a whole, and as seen from one end, will doubtless be
greater when planted with one kind of tree than with
different kinds, because the expression of grandeur will
be less interfered with by the expression of variety ;
just in the same manner as a street, formed by a repe-
tition of exactly the same elevation of houses on both
' sides, will be grander than one in which the elevations
are of a great many different kinds, even though every
elevation on one side of the street were balanced by a
corresponding elevation on the other. Where an avenue
is intended for a brand approach to a mansion or pa-
lace, we would therefore have it planted with one
kind of tree ; because the object is, by the succession
and uniformity of objects, between which the visitor
to the mansion passes, to fill his mind with one grand
impression, and not to detain him by causing him to
dwell and linger on impressions of beauty and variety
which he may receive as he goes along. But where
avenues merely cross a park or pleasure-ground, as in
Kensington Gardens, we would join variety and beauty
with grandeur, by employing several different kinds of
trees in the same avenue ; always taking care to
preserve the general symmetry and grandeur of the
. whole, by having trees of large size and of the same
, general term occurring at regular distances, and by
always having at least two trees of a kind, one placed
i on one side of the avenue, and the other exactly oppo-
site to it. This we would the more especially have in
Kensington Gardens, and in similar cases ; because the
avenues have no particular objects as terminations, but
often merely direct the eye from one extremity of the
garden to the other, without even having in the distance
a covered seat on which to rest the eye. This mode of
planting an avenue would combine regularity and uni-
formity with variety , and while a pedestrian in the
gardens was looking along the avenue from one end to
the other. the effect would be grand ; while, in walking
along it, at every step he would discover a new beauty
in the variety of trees which come in succession before
bun.
By planting the avenues in Kensington Gardens in
this way, instead of planting them with elms, or with
any other single kind of tree, a considerable collection
of hardy trees may be introduced, which would add
much to the interest of the gardens, which, all will
allow, are at present very monotonous in their appear-
ance, from the prevalence of trees all of the same height,
and general form and character. The interest might be i
farther increased by naming the trees in a conspicuous
manner ; which one day will be done, whether it may
result from our suggestion, or from that of some future I
observer.
It may possibly be alleged that there is no precedent
in this country for an avente composed of different
sorts of trees ; but to prove that our scheme is prac-
ticable, we may refer to the forest of liontainbleau,
where it will be found that, in one of the poorest soils
in France, there are not only avenues of serious kinds
of trees not commonly employed in that way, such as
theTurkyAernerican oaks, oriental planes, occidental planes,
oaks, acacias, poplars, willows, pines, firs,
ailanthus, wild cherry, &c. ; bet avenues in which all
these and other kinds are mixed together. one species
following another successively, in pairs, so as to pre-
serve uniformity as a wl,olc„md yet produce variety
in the parts. Other instances of mixed amities may
be seen in various gar's of Italy ; and particularly be-
tween
Monza and Milan, where the tulip-tree, the '
catalpa, and the bead-tree, are planted in succession. ;

But we have saki anongh to excite the attention "of our
readers ; and if among these. any should have influence
with Government, we trust that toes will causo :Amy.
inquiry to be tuaric, bp,
fore a mode of planting Is
adopted in licusiagton Gardens in the nineteenth cen-
tury, which belongs to the fifteenth ; and which was the
only mode which could be adopted at that time, when
there were only two or three species of trees fit for
avenues in cultivation.—Gardeners' Gazette, January
23, 1841.

EXECUTION OF TWO ABORI-
GINAL NATIVES.

The warrant for the execution of the two natives,
lloodjeep and Barrabong, having received the signature
of his Excellency Governor Hutt, the Sheriff, G. F.
Stone, Esq., proceeded to carry the sentence into effect.
The culprits were placed in a cart, to which they
were chained, and the party, with a suitable escort,
reached Guildford about one o'clock on Tuesday, ith
instant. Oa their being placed in the cart at the prison
door, Perth, they evinced no signs of fear, but took the
whole proceedings very quietly, depending, as it was
supposed, upo❑ a chance of rescue, or that some slight
punishment would be inflicted upon them at York, and
they would be again set at large. Indeed they begged
to be flogged, and promised never to commit a like
offence ; a promise little to be depended upon, and a
punishment (if it had been possible to have remitted
the sentence) unequal to the just retribution their
heinous offences imperatively called for.
They exhibited no signs of fear or alarm until after
they had passed their own hunting grounds, about three
• miles on the other side of the half-way house ; indeed
it was not visibly indicated until they arrived at York ;
their minds being evidently impressed with a belief that
they would be rescued on their own grounds by their
tribe. At the half way house it was observed that Bar-
rabong trembled considerably, but it was thought this
arose from the spot being the scene of the murder of
Murphy some years back, in which he was a principal.
An unloaded gun and two pistols were placed in the
cart, which by the most ingenious devices, by endeavour-
ing to draw off the attention of the party, they made re-
peated attempts to seize. In the sequel of our narra-
tive it will be seen oae man got hold of the gun,
and excited some natives to offer some show of re-
sistance. On the morning of the II th the party,
with an additional escort of six rank and file, and
one serjeant, proceeded to the place of execution, about
ten miles to the southward of York. After travelling
a few miles, six natives made their appearance, well
armed with glass spears. They were allowed to ap-
proach near enough to the cart to enter into a conversa-
tion with the culprits ; and, in this instance, the absence
of an interpreter was seriously felt. The animated
conversation which ensued, the savage and revenge-
ful expression depicted in the countenances of
the two culprits, coupled with the seizure of a
gun by one of them, lying at the back of
the cart, excited the natives who had joined
them to ship their spears, and they were
alone repulsed by the resolute conduct of the military.
The guns of the escort were instantly raised, and the
natives skulked away into the bush, but repaired to the
several adjoining hills. and, by lighting their signal
fires, communicated to the neighbouring tribes an
unusual event, and spread the sign of alarm. No re-
sistance was, however, offered, although it was believed
many natives were spectators of the scene. About
twenty-four Europeans were present, and many of the
settlers in the neighbourhood witnessed the execution,
which we may briefly describe.
When the party arrived at the spot where the mur-
der was perpetrated—the place of execution—the de-
linquents were observed to turn their heads from the
only remaining vestige of their devastation, a small chim-
ney which stood as a monument of the violent outrage
they bad committed. Here all hope of escape seemed
to fail them. The younger of the two prisoners met his
end with a dogged and a determined spirit, as it ap-
peared, of revenge ; the only intelligible expressions
made use of conveyed an impression that he would
rise up a " white fellow," which it was considered
strengthened his resolution. The elder man, when
he found all hope of escape fail him, and the
cap was drawn over his eyes, fainted ; and it
was with much difliculty he could be made to rise,
until the operations of the executioners (after the
sheriff had read the warrant for the execution) launched
them into eternity. The horror of being hung was
sensibly felt, and they repeatedly asked to he shot or
speared ; and such was their savage spirit of revenge,
that, up to the short period before the execution, they
were understood to express a desire to flog three
friendly natives, who accompanied the escort, for daring
to come there. Notwithstanding the justice of the
sentence is fully acknowledged, some doubts are enter-
tained of the effect a public execution will have upon the
aborigines generally. Whether this example will deter
them from committing offences in future, is questionable.
The expressions made use of by the natives, such as,
"What for soldier man, white man, corroborra ?" uttered
in a half-laughing, half-sympathising tone, confirms our be-
lief that sonic attempt will be made to retaliate. We
may be wrong in forming this opinion, but it behoves the
settlers to be on their guard, and they cannot too care-
fully watch the proceedings of the natives. We would
not be supposed unnecessarily to spread alarm, but we
know the acts of the aborigines are held in utter con-
tempt by many persons, and to these the caution is best
applied.

The minor details of this execution we have passed
over, but we cannot conclude this notice without ex-
pressing our gratification at the general accounts we hear
of the praiseworthy conduct of the soldiers of the .51st
RZegi►nent, and all who attended on this certainly painful
duty.—Perilt Gazette, July 18, 1810.

AUSTRALASIA SHIPPING.—The present time may
perhaps be considered the most unpropitious for loading
ships destined for the Australian colonies, few persons
feeling inclined to embark in the depth of winter. Yet
such is the amazing trade between England and these
colonies, that the shipping list for this month displays
an array of not less than fifty vessels entered out for the
various ports in Australasia, whose united tonnage
amounts to 18,444 tons. Where would this shipping
find employ but for these colonies? if emigration to
Australasia were accelerated by means of loans secured
on the future sales of the waste colonial lands, and a
supply of labour maintained equal to the demand actu-
ally existing, the amount of snipping required to carry
on the trade thereby crested would, in a short time, be
double that amount now employed.—Australian Record.

LAW INTELLIGENCE.

COURT OF CILIA CERY, JAN 27.

The Lotus eIIAtiCCLLOIL took appeals and original c4tscs
to-day. The appeal of the Attorney-General and the Cooper's
Company was ordered to stand over till the first cause day after
the Term. Several causes were postponed to a future day, in
consequence of the absence oflr. Wigratn, on account of the
death of his mother. In other cases the parties took such de-
cree as they could abide by, in consequence of the absence of
Counsel, and others were struck out, in consequence of the
solicitors nut being prepared.

A HINT TO SOLICITORS.
Upon his Lordship being asked to allow one of the eases to
stand over, in consequence of the solicitors not being prepared,
he said that he should in future estab'ish some rule by which
solicitors could not deal with the Court in the ;manner they
had done in the present Term to a very great extent.
It was useless for the Court to sit there to hear cases if tin?
solicitors did not think it their duty to the Court and their
clients to be prepared with the cause. It could not but be very
well known that half the causes that had been called on fur
hearing during the present Terns and the last, had not been
heard, because solicitors had out Leen ready, either for the
plaintiff or the defendant.
Mr. COOPER. said that it was a serious inconvenience
to Counsel, that when they were engaged the got the papers
so late, that it was periectly impossible to state properly their
case to the Court.

The LORD CHANCELLOR observed that it was impossithe
that Counsel could do their duty to their clients unless they
were instructed in proper time. He had himself, when at the
Bar, experienced the inconvenience. He thought Counsel
Ind the most reason to comihain of this next to the client, yet
there was no remedy for it as yet, and the client must suffer.
That which he complained of, and which his Lordship meant
to correct in future, was that parties who were not ready
should not be permitted to set down the cause again in the
usual manner, and which they did under the existing- practice.
That was a facility which induced solicitors to be so
negligent of their duty. here was another course of proceeding
which his Lordship would also alter. A defendant did not find
it convenient to attend when the cause was ready for hearing,
and by the present practice the plaintiff in the cause took such
decree as he could abide by ; this afforded facility to the de-
fendant which ought not to exist, and his Lordship was deter-
mined that that also should lie corrected in future.
His LORDSHIP rose at half-past twelre o'clock to attend the
house of Lords to proceed with the Address to the Queen,
having previously disposed of all the cases in his paper.

POLICE INTELLIGENCE.

MANSION-HO USE.

THE Loss OF THE DRYAD AND ANOTHER CHARGE
OF FRAUD UPON INSURANCE COMPANIES AGAINST M.
S. S. WALLACE AND P. M. S. WALLACE.—Atter the
witnesses relative to the loss of the Dryad had been ex-
amined on Tuesday,
_ _

Mr. Clarkson addressed Sir Peter Laurie in the
following manner :—On behalf of those I represent
here, I have to request of you again to remand those
prisoners, and I know that in making that application
I shall be expected to hear in my recollection what
passed in the Court of Queen's Bench upon this matter
a few days ago.

Sir PETER LAURIE—Do you mean a remand gene-
rally or a remand till to-morrow morning?
Mr. Clarkson—A remand over the present Session.
Sir PETEIt LAURIE—Then you had better apply to
me to-morrow. 1 cannot tell what I shall do until the
whole of the examination is complete.
Mr. Clarkson—Then I think it right before I leave
this presence to-night to state, in the presence of the
prisoners and their advisers, that I shall be instructed
to-morrow morning to lay before you evidence of
a similar transaction by the prisoners, in respect
of a vessel of which they ore they are the owners
or part owners, called the Lucy. I shall Ire prepared
to show the effecting of an insurance by them of goods
on board that vessel, of which a third brother is the
acting master on board if she is now at sea. I shall
show insurances effected in Scotland, and insurances
effected in this country, to a considerable amount. 1
shall be able to give you to-morrow morning reasonable,
but not conclusive evidence from a custom-house of
Scotland, and from the custom-house of the port of
Bristol, that the goods so insured never ware on hoard
that vessel called the Lucy. She was chartered on a
voyage from Bristol to Llanelly, and from Llanelly to
Valparaiso. At Llanelly she was to take in a cargo of
coals, and that cargo she did take in, but with the
exception of those coals, I am instructed that she
never had an article of goods on board. There will be
also this singular fact laid before you, that at the In-
surance-office in Scotland, and at the Insurance-office
in England, the goods which are specified in one of the
policies which I now hold in my hand, consisting of
earthen ware, barrels of pork, and tierces of beef, iron,
anchors, and the like, amouotiniz altogether to 9301.
were actually insured both at Glasgow and in England.
Insurances were effected fur the very identical goods in
both places and to the same amount, so that they were
insured twice over. I shall be able to satisfy you that
none of those goods were ever on board that vessel at
all, and then I shall ask for time for the purpose of en-
abling me to complete that inquiry. I do not wish to
anticipate any thing, only I think it right to state that
I intend to lay that evidence before you, not in a shape
that I can ask that the parties may be committed, be-
cause Ijhave not evidence sufficient for that purpose, but
I have letters which will satisfy any reasonable mind,
and which I have no doubt will satisfy those who
.appear hero the prisoners, that time ought t' be
given to us to complete the inquiry. Ido not mention
this with reference to the view which may be taken by
the Magistrate as to the course to be pursued with re-
gard to the present inquiry, for the Magistrates' de-
cision will depend wholly upon the evidence given in
support of the charge now under consideration, separate
from any other.
Mr. Charles Phillips—l do not compla nof the men-
tion of this subject, but I wish the Magistrate to un-
derstand that it is our full intention to oppose with all
our might a remand over the next Session ; for if the
prisoners are not remanded there is a very easy mode of
dealing with the nutter, by applying to postpone the
trial.

Mr. Humphreys—Sir Peter Laurie has said, very
properly, that he will not entertain the application till
all the depositions have bean taken.
Sir PETER LAURIE—If this second inquiry is gone
into, I think the prisoners ought to have a day or t vo
to prepare themselves for it. Ido not think it will be
right to oblige them to bring on one upon the tail of
another, without giving them a little breathing time.
I know nothing of the case.

Mr. C. Phillips—Nor any of us, of course. But
with respect to the case iu which you have been labo •
riously employed, and for so long a time, I shall cer-
tainly press you either to commit the prisoners for trial
or else to discharge them.

Mr. Clarkson—l abstain from say:ng anything about
,hat now.

Sir PETER LAURIE—I wish you in the meantime to
turn it in your mind whether you know on instance in
which, where a person is accused upon more than one
charge, he has been committed before the evidence has
been taken before the Magistrate, on the second charge.
Mr. C. Phillips—There are plenty of instances of it.
It is the custom to convict upon otte charge, and to
prefer half a dozen afterwards, and give no ice to the
prisoner of it. It is every day's practice.
SIR PETER LAURIE—WS does not square with
what has been said that everything that p Asses before
the Magistrate must be taken down.
Mr. C. Phillips—l will put this case to you. Suppose
a party is committed, and after his committal a charge
is discovered, of course the prisoner gets notice of the
charge, otherwise the party would be debarred from
bringing any.

Sir fETFII LAURIE—Yes, if the discovery is made
after the committal ; but here is a discovery before
committal.

Mr. C. Phillips repeated that it was every day's prac-
tice to commit a prisoner on one charge and to give him
notice that there were a variety of other charges intended
to be brought against him.
Sir PETER LAURlE—According to the decision of
the Judges of the Court of Queen's Bench it does not
appear to me to be the eliliolll at present.
Mr. Clarkson—lt is right I should state that with
respect to the vessel called the Lucy, there has been no
account at Lloyd's. Nobody knows whether she is lost
or whether she is forthcoming.
Sir PETER LAURlE—According to your statement of
it it is a fraudulent insurance.
Mr. Clarkson—Yes. I am not in a condition to
charge the prisoners with any felonious act with respect
to that ship.
Mr. C. Phillips—So far from it the ship may be
swimming in the water now. . _

Mr. Clarkson-4 am willing to admit that if lam
not untitled to a remand upon the present charge, I
cannot expect a remand upon the second charge, for I
am not in a condition to show anything amounting to a
felony ; and therefore it is a charge on which the pri-
soners would be entitled to be admitted to bail.

Mr. C. Phillips—Therefore the only question for
Si! Peter Laurie will be whether he does not think that
this case is ripe for a committal.
Mr, Chirkson—That is, in other words, whether in
the absence of a witness, who is still in the Mediterra-
nean, for whom we have sent, and who will he brought
hare without loss of time,
the Magistrate is bound to
send the witnesses for trial before we are ready to make
out the case against them.
Mr. C. Phillips—My friend knows very well that
on such a statement a judge would postpose the trial in
d moment.

After some further conversation,
Sir PETER LAURIE thought it would be advisable
to postpone the case of the Lucy till Saturday, and
Mr. Clarkf on readily assented.
Alderman PIRIE stated that intelligence of the
Lucy could not be expected until about May.
The proceedings were then adjourned till Saturday
next.

It is supposed, that, by the exertions of Mr. Phillips,
the solicitor for some of the insurance companies, and
Mr. Farquhar, the solicitor for others, an embargo has
been laid upon property in the possession of the priso-
ners. to the amount of
.5,0001.
Sir PETER LAURIE said, that in his 14 years'expe-
rienee as a Magistrate,
conducted on both sides.
he never saw a case so skilfully

Mr. Bell, _ALP., being* prevented attending the
opening of Parliament by °Mrs. Bell's indisposition, has
paired off with Mr. Pease until Friday, the .sth of Feb.
ruary.-.4Vewcaalle Journal.