The Sun.
London, England, 1840-12-07 00:00:00

THE SUN, 1.40/sIDON, MONDAY, DEC EIVIBER 7. 1810.

SPORTING INTELLIGENCE.

MANCHESTER, FRIDAY EVENING.
The only novelty appears to be a little chat on the
Riddlesworth Stakes and the Chester Cup. For the for-
mer event, 2 to 1 was offered to he taken on Eringo at
noon to-day, when 500 to 30, or any part, was offered on
the field for the Cup. Nothing was done on either events.
THE DERBY.-20 to 1 was to-day offered on the field,
bar two, viz.—Rosalie and Marshal Souk. There was a
strong desire to lay against outsiders ; but the attendance
was so confined to the leading capitalists, that we did not
see even one engagement made. The following we con-
sider pretty near the prices against the horses most spoken
off:—

15 to 1 agst Lord Bruce's Rosalie colt—offered
16 to 1 agst Scott's Marshal Soult—off. t. 18
20 to 1 agat Mr. Rawlinson's Coronation—offered
20 to 1 agst Mr. Thornhill's Eringo—offered
20 to 1 agst Colonel Peel's Cameleon—off. 22 to 1 t.
25 to 5 agst Lord Albemarle's Ralph
23 to 1 agst Mr. Mostyn's Prince Caradoc—t. 27 to 1
25 to 1 agst Duke of Rutland's Sir Hans
33 to 1 agst Mr. Buckley's Brother to Tom—offered
take 40 freely
33 to 1 agst Colonel Anson's Duke of Wellington
40 to 1 agat Lord Westminster's Van Amburgh
THE OAKS.-7 to 1 was offered on the field yesterday
and 9to 1 taken on Lampoon. In the course of the even.
ing, Soult has been backed freely at 18 to 1, and Eringo
for about 501. at 20 to 1 ; 221 to 1 has just been taken on
Cameleon. No other change.

ECOA D EDITION.

THE FUNDS-(CLOSING PRICES.)
-.....-.
BRITISH FUNDS,
Bank Stock
3 per Cent. Red BBl Ditto Bonds
3 per Cent Cons ...... .. Ditto Old Annuities
31 per Cent Red........ 97,1 Ditto New Annuities...
New 31 per Cent
New 5 per Cent ... Ditto 500/ 4pm
Long Annuities to expire Ditto Small 6pm
Jan. 1860
Oct. 1859 — India Stock for Acct ...
Jan. 1860 ...
FOREIGN FUNDS.
A astrian, 5 per cent... 1071 Portuguese, 5 per cent.
Belgian, 5 per cent — Ditto, New Ditto..., • 341
Brazilian Bonds ... ..
BuenosAyres, 6 per cent Russian, 5 per cent....
ailian, 6 per cent
Colombian, 6 per cent... Spanish, S per cent 231
Ditto, 1824 — Ditto, Deferred l2i
Danish, 3 per cent..... 771 French,s per cent—. —f. —c.
Greek, 1825, spercent. Exchange .. —f. —c.
Mexican, 5 per cent.... 30 French,3 per cent... —f. —e.
Ditto, 6 per cent, 1825. Dutch, 21 per cent.— 513-
Pert.riand 825,6 per et. 16 Ditto, 5 per cent..... 97i
SHARES.
Birmingham and Gloucester Railway (90 p) 67
Eastern Counties Railway (23 paid)
Ditto Debentures ( 2 paid) ......
......... 4i
Great Western Railway (65 paid) B7l
and Brighton Railway (40 paid) ... 30j
LondonD i Ditto
tto eftwhss(ha4repsa(i4do).p t
.aid)
... .
... .....
...
Manchester and Leeds Railway (70 paid) 78
Ditto New Shares (25 paid) . 29
Manchester and Birmingham Railway (40p) 27
North Midland Railway (100 paid) ...
South Eastern and Dover (28 paid) ~ , lll

SPIRIT of,_ the PUBLIC JOURNALS.

FROM THE EVENING PAPERS OF THIS DAY.
(From the Globe.)
" What," three evening guns !" says Snarl in the
Critic. " Aye," says Puff, " when these people get
hold of a good thing they never know when to have
done with it." So our contemporary, the Examiner,
still goes on firing his evening guns on the Turkish ques-
tion, but as he certainly has but a bad thing of it, we
wonder at his perseverance. It is an old sa) ing,
however, that there is nothing like the obstinacy of
an ingenious man who finds himself in the wrong;
but we must in candour admit that the wonted in-
genuity of the Examiner seems to have deserted him
on this occasion, and that the feebleness and want
of perspicuity in his arguments seem to be in the
direct ratio of the badness of his cause. Indeed the
attempts of the Examiner to defend Mehemet AU by
the pen have failed as signally as those of Ibrahim by
the sword. The bad logic of the one is only equalled
by the bad tactics of the other. The difference, how-
ever, is this—that Ibrahim has been routed by the allies
of the Sultan, and the Examinei by the allies of Me-
hemet Ali. There is not one word, or one attempt at
argument, by which the Examiner for the last six or
seven weeks has laboured to run down the treaty of
July and the policy of the Government, that has not
found its fullest and completest refutation in the speeches
of Monsieur Thiers, Monsieur Remusat, Monsieur Ber-
ryer, Monsieur Guizot, and others in the French Cham-
ber. The Examiner asserted that the Treaty of July was
concluded for objects in which England had no earthly
interest ; that the fact of its having been concluded was
an insult to France ; and that by that act the English
Government wantonly broke off the alliance between
England and France. The debates in the French Cham-
ber, and the speeches of the persons we have mentioned,
have proved to demonstration that the alliance between
England and France had virtually ceased to exist many
months before the Treaty was signed, and that it had so
ceased in consequence of a divergence between the national:
policy and national interests of the two countries ; nay;
as M. Thiers most forcibly expressed it, because the
instinctive policy of the one country was directly op-
posed to that of the other in regaid to the affairs of
the Levant. Those debates further prove that Elg-
hind had a great and paramount interest in accomplish-
ing the objects which the Treaty was destined to effect,
and that no insult was offered to France, nor any in-
tentional incivility or slight ; and that the only thing
which France now complains of is, that the Treaty
itself was not made known to her after it was agreed
upon, and before it was signed.
(From the Standard.)
The Carlow election has terminated in the return of
Colonel Bruen by a large majority--a majority so large
as to insure the return of two Conservative members
for this so long and 60 fiercely contested county at the
next general election. Mr. Ashton Yates may look
out for a seat elsewhere. The Romanist Radical jour-
nals ascribe to the substitution of a Protestant tenan-
try on some of the Carlow estates the defeat of their
party on the present occasion. We hope that the
charge is well founded. Nothing could be
more likely to deter the priests from continuing
to torment the unhappy peasantry than ouch a
lesson. The more we reflect upon the subject,
and the more diligently we read the rebukes of our cen-
surers, the more thoroughly are we convinced that the
Irish landlords owe it to themselves, to their country,
to their faith, and to the wretched peasantry them-
selves, to replace every one who proves himself by his
conduct the mere slave of the priest by a free Pro-
t:stant tenant. It is nothing to tell us that the
slave acts conscientiously : so did the slaves of the
old man of the mountain. We are not bound to ref
spect, in practice, consciences which command our
destruction, whatever we may in theory consider clue
to such consciences. The Globe of Saturday had a
long article upon the Protestant plantation of Irish
may" d o
doctrine,e state s,gratuitously assumed for us the
whet he will with his
own," in submission only to the law of the land. We,
inthwathiachmiatn
however, mentioned another law as qualifying this li-
berty of action—a law above the law of the laud ;so
that our Contemporary's condemnation r
of our doctrine
upon moral grounds is a little out of place. We
say' that the highest of all laws assigns a prefe-
rence to those " who are of the household of faith"
—not a (preference urging to commit injustice in
their behalf certainly, but a preftrence demanding such
worldly sacrifices, as a descent from cruel rack-rents to
honest and moderate charges.

(From the Courier.)
So generally has travelling by railway become, that
in the central counties of the country scarce a coach
now passes, and it is a fact that a railway will absorb
passengers from a distance of two-thirds its length on
either side of it, at an angle of GO degrees. It is not
alone, then, the persons immediately in the neighbour-
hood of the line who become part of its traffic, but all per-
sons living within a very extensive boundary ; and are
we, then, to condemn wholesale these stupendous and
useful works and their management because a power
which has been so recently created, has not been so
carefully conducted as we could have wished it to have
been, but which we can alone hope for when all
men do their duty exactly as they shoul.l do it,
and masters have an intuitive knowledge of when
they shall not ? We regret for any man's own sake
that he cannot read, as he loses all the higher feel-
ings of consolation and independence of mind ; but
we should be very sorry to condemn any man as unfit
for the mechanical operation of driving an engine be-
cause he could not read what he could just as well un-
derstand when properly explained to him. On the last
mail we travelled by, and that, too, a day mail, the guard
could not read , but he nevertheless left his letter bags,
all right, and did his duty by the coach just as well as it
lie could, and all the letters in his charge, whether they
were Lord Palmerston's squabbles with M. Thiers or
simple love epistles. To suppose for a moment that a set
of first class men were to spring up as engine-drivers,
all superior in their way, and who could brave the
velocity of
mate, or to suppose that railroads should be so per-
such travelling and the changes of oar cli-
fectly managed the moment they are brought into use,
is as unreasonable as we have declared our Contem-
poraries to be for their loud praise of the verdict at
Harrow. No institution of any sort has as yet been
brought into a state of comparative perfection under
years of labour and experience ; and if we look at the
rapid strides made by steam engines, both on land and
sea, they form almost an exception to the general rule
of nature, and appear to have started at once into re
fined action.

It is said to
—7. n—contemplation to create ;he
Province of New Brunswick into an independent Epi:
copal See.

•
CORSHANI.
---r• Sydney Smith, Anti-Corn-
law Lecturer, visited this town on Tuesday evening ; he
was refused the use of the British school-room by the
trustees, and the town_han b the bailiff. In the exigency
y
of the case, Mr. John West, carpenter, kindly lent his
,
spacious workshops, which were fitted up as well as time
would admit, and Mr. Smith lectured to about 300 atten-
tive hearers. At the conclusion three cheers were given
for the total repeal of
the Corn-laws, and three cheers for
the Lecturer. The obstruction offered to the Repeaters
in this town was of the most paltry description ; not only
were the usual places of public meeting first granted, sod
at the eleventh hour the grant withdrawn, but even the
bellman was prohibited by the Mayor not only from an-
nouncing the change of
Place but even from lending his
bell to a more willing officer. However, one of the most
respectable inhabitants of the place borrowed a bell, and.himself acted as bellman. Mr. Smith will lecture agaun
this day ( Wedneialay), and a bellman has been procured
from Chippenharn. The mean conduct of the officials
here has only served to increase the zeal of the friends
.os
cheap bread. We have great reason to thank our enerritc
for having so helped our cause.—Correspondent of the
lViltshire Independent.
the
nCoi
t.i:sittaetti.cneg
tgivesthat
the a
lettersailnrsfrhoamd
been
nxandria of
withdrawn
from the fleet in that port, and that defensive works were
in active progress; the same letter, however, and other
levers of the 11th from Alexandria, affirm the determina-
tion
of Mehemet to submit, and even say that he had sent
to Admiral Stopford a surrender of the Turkish fleet, with
a request that it might be speedily taken possession of and
withdrawn.
The Directors of the Newcastle and Carlisle
Railway Company, we understand, resolved, at their meet-
ing on Tuesday last, to make the line a double one
throughout its entire length, as soon as convenient—a de-
termination which the public will learn with much plea-
sure.—Gateshead Observer,

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH, DEC. 5.
BEETHA3I V. COOK AND OTHERS.
Sir F. Pollock, Mr. Baliantine, and Mr. Pollock,
were Counsel for the plaintiff, and Sir W. Follett, Mr.
Crowder. and Mr. Wightman, for the defendants.
Sir F. Pommels stated that this was a question sent
by the Lord Chancellor, and the action was brought by
the plaintiff, who was an attorney, against the defend-
ants who were five of the Directors of the City Railway
Company. The plaintiff, on the formation of the Com-
pany, was the solicitor to it, and had incurred a very
considerable outlay, and had performed a good deal of
business for this Company, and at length a very large
balance was due to him, amounting to 9,0004, and was
so stated in the accounts of the Directors. Unfortu-
nately for the Directors, but whether fortunately for
the public or not he did not know—the scheme did not
succeed ; and when Mr.Beetham naturally expected to be
paid, the defendants refused to pay him, and when the action
was brought pleaded that they were not liable. The pro-
ceedings went into Chancery, and ultimately the Lord
Chancellor directed that the question of liability of the
defendants should be tried by a Jury, his Lordship
havi.ig reserved the question of amount, so that, if the
Jury found for the plaintiff, his Lordship might himself
dispose of it. He had an admission made by the de-
fendants, that the work and labour done and the money
expended were so done and expended by the plaintiff,
and that during that time the defendants were the
Directors of the Company. That would be a prima
facie case on the part of the plaintiff. On the present
occasion the defendants had pleaded that they did not
promise. The question was not whether the bill was
large, or whether enough had been paid, but whether
the defendants were liable and had promised to pay.
This was the simple case he had to place before them,
and unless it was completely ascertained he should be
entitled to their verdict.
The admission of the defendants was put in and seed,
as was a Report of the Directors upon the breaking up
of the concern, in which the amount of the plaintiff's
bill was given. A witness stated that he had been
employed six weeks, at 31. a-week, and there were about
twenty of them altogether so employed.
Sir W. FOLLETT then addressed the jury for the de-
fendants. The question they had to decide arose out
of an order of the Lord Chancellor, and he could not
help commencing by stating, that he never felt more sur-
prised than when he found from his friend that he had
come here, under the order of the Lord Chancellor, to
clear away difficulties pressing upon the mind of the
Lord Chancellor as to whether or not the defendants
were liable. The matter having been litigated in the
Court of Chancery, and his Lordship having directed
this action to be brought, his friend had not produced
any one single witness to give them any account of the
transaction. The defendants would therefore have to
place evidence before them, and it would then be for
them, coupling the want of evidence on the part of the
plaintiff, to say whether or not the defendants were
liable to this demand. The bill of the plaintiff
amounted to 16,0001., and his friend, upon the evidence
he had put in, would ask them to give a verdict, the
effect of which would make these gentlemen liable to
pay Mr. Beetham a balance of upwards of 9,0001. The
amount of the bill was not now in issue ; but when the
plaintiff sought for their verdict, he ought at least to
have given them some evidence of what had passed be-
tween him and the Directors, and in what way be thought
he was entitled to claim this sum of money. How was
the Company formed ? Some time in the year 1836 Mr.
Beetham, who seemed to consider the formation of this
Company a favourable mode of spending his time in as-
sisting to get up the Company, and getting himself ap-
pointed soicitor to the Company ; and the agreement
lie made was, that if the Bill did not succeed, he was
to be paid only costs out of pocket, and those costs were
to be paid cut of the funds of the Company, but that the
Directors were not to be personally liable ; but the Di-
rectors would have been held to have made themselves
liable for the payment of an attorney's bill of 16,0001.
Mr. Beetham was himself one of the parties speculating
to forra the Company, and he had agreed to run his
chance. What did they suppose were two of the items in
i this bill ? A witness had stated that he was employed six
weeks, and had 3/. a week for serving notices, and there
were altogether about twenty employed in the same man-
ner ; that would amount to 401. ; and the first charge in
this bill far serving these notices was 3,000/. in one item,
including secret service money. In consequence of
some error, it became necessary to serve fresh notices,
and for those there was a charge of 7,0001., so that
there was a charge altogether of 10,0001. for the serv-
ing of notices. The Bill did not pass, because it was
found out that names had been put to the deed to go
before Parliament, which signatures wore forgeries. It
had at one time become a practice to put names to
these deeds as subscribers, when in fact they were not
bona fide subscribers, and many Companies failed on
that ground. He should prove there facts. The Learned
Counsel then called a number of witnesses to confirm
his statements.
Sir F. POLLOCK addressed the Jury for the plaintiff
upon the whole case, urging that, whether the bill was
large or small, with that the Jury had nothing to do ;
if the defendants were liable, that bill would be taxed
by the proper officer. The Learned Counsel then com-
mented, at very great length, upon the evidence ad-
duced by the defendants, contending that it was clear
they had employed the plaintiff as their solicitor, with-
! out any such arrangement as had been sworn to by
some of the defendants' witnesses, and that, looking
upon the whole case, he was entitled to a verdict.
Lord DENMAN, in summing up, said that the plain-
tiff's case was, that he was appointed by the Directors
to be the solicitor for them, and to conduct the busi-
ness of this Company into Parliament. The defence
was of various kinds : first, they were to show an agree-
ment, that, in case of the bill failing, he was only to be
paid costs out of pocket ; secondly, that he was to be
paid out of the deposits and funds of the Company, and
that the Directors were not to be personally liable ; a
further defence was, that the plaintiff's services were
useless in consequence of his mismanagement ; and, in
the last place, the defendants said that the plaintiff was
a partner, and therefore could not be sued by his part-
ners. With regard to the amount of the plaintiff's
bills, it was impossible not to take a view of those mat-
ters ; and if it appeared to the Jury extremely unreason-
able and enormous, with reference to charge, he did
not know what effect it might have on their ge-
neral view of the case. It seemed almost admitted that
too much had been charged ; but if they found for the
plaintiff the bills would be taxed. If persons held them-
selves out to the world as Directors, a little evidence
would be sufficient to show that they were liable for
persons employed who acted upon the credit of their
names ; but when he found the solicitor was, in the first
instance, uniting with the engineer and surveyor, and
called into existence these very Directors who were now
sued, it appeared to him (Lord Denman), to make it
more probable. that there should be some particular
agreement between the parties. His Lordship repre-
hended in strong terms the conduct of parties inducing
others to sign the Parliamentary deed, as had been
stated, and also reproved persons who upon such a
slight pretence would enter into so ruinous an obliga-
tion. It appeared to him that the Directors were cog-
nizant of it, and did not object to it ; and therefore they
could not say that the bill had failed through the mis-
conduct of the plaintiff.
The jury returned a verdict for the plaintiff.

COURT OF EXCHEQUER, DEC. 5.
( Sittings at Nisi Prius befcre Lord ABINGER and a Special
Jury.)
SMITH V. COOKE.

Mr. CItESSWELL said the plaintiff, Sir Benjamin
Smith, brought his action to recover from the defendant,
a money scrivener and conveyancer, the sum of 2,5001.,
which the plaintiff had advanced to a Mr. Davis, for an
annuity of 2671. upon insufficient security, at the advice
of the defendant. The Learned Counsel was proceeding
to state the details of the case to the Jury, when Mr.
Kelly (who was counsel for the defendant) made some
proposition to him. After some time spent in consulta-
t,on,
Mr. CRESS WELL said they would not further trouble
his Lordship, and the Jury with the case. A proposi-
tion had been made which was satisfactory. They
would therefore take a verdict for 1,5001., subject to the
arrangemer.t agreed upon by the parties.
POLICE INTELLIGENCE.

MANSION-HO USE,
On Saturday a crowd of mercantile men attended the
-t ice-room for the purpose of hearing the case against
jos,
Ifni//is and Mott, who were some days ago brought be-
forej the LORD MAYOR, upon suspicion of having been
privy to the destruction of a vessel which was insured to
~ large amount at several insurance offices in the City.
Sir PETER LAURIE presided on the occasion. Mr.
Clarkson, Mr. Bodkin, and Mr. Humphrey, the
solicitor, attended for the prosecution, and Mr. Charles
Phillips appeared as Counsel for Wallis, and Mr. Hob-
ler, jun., the solicitor, appeared for Scott. Alderman
Pirie, a Director in the Marine Insurance Company,
which complains of having been defrauded by the p.i-
soner of 2,000/., the alleged value of goods said to have
been shipped, and the Directors of other Insurance Com-
panies, were also present during the examination, which
acquired an additional interest from the fact, thirt Sir
Peter Laurie was in the Chair, his inclination to get all
the circumstances, pro, and con., being well-known.
Mr. Clarkson said, that since the first examination
of the prisoners, the prosecutors had got together some
witnesses, whose statements, he was sure, would show
the necessity, on the part of the Magistrates, of refus-
ing to tako bail upon charges so serious as that in which
the prisoners were implicated, and under circumstances
of such strong suspicion. In fact, it was in the power
of the prosecutors to show, that none of the goods
-stated by the prisoners to have been on board, and in-
sured by them to the amount of about 6,000/., had been
shipped at all ; and they could also show that the ves-
sel so insured had been intentionally destroyed by the I
captain, in order to establish the right, on the part of
the prisoners, to claim for the amount. In a case of
such a nature it would be necessary to have time for

the production of the distinct chain of evidence which
was required in such an inquiry, and the witnesses
who were to be called would be merely questioned as to
facts, upon the authority of which the pi isours
should be remanded, and bail refused ; he meant that
what should be stated by them was not to be considered
as regular evidence.

Sir PETER Lnunic said all he should require was the
proof that the prisoners were the parties who insured,
that there were none of the goods insured shipped, and
that the ship was destroyed.
Mr. Clarkson then proceeded to call witnesses.
Peter Kelly, of Liverpool, produced an outvoice of
goods shipped on board the Dryad before she sailed
from Liverpool to Cuba. Witness was shipping clerk
upon the occasion.
Sir PETER LAURIE asked whether the vessel was
full ? Witness replied that she was about:two-thirds full.
Maxwell, the mate of the Dyad, was then called by
Mr. Bodkin. He stated that he was mate of that ves-
sel when she left Liverpool on the 7th of September.
Sir PETER LAURIE—Why did you leave her? Wit-
ness—Because I suspected, snd so did others, that it
was intended by the captain that she should be lost. I
saw 'the intention instantly.
Mr. Phillips objected that his client should be liable
to serious imputations of this kind upon the suspicions
of the mate of the vessel.
Sir PETER LAURIE said that as all he was anxious
about was the investigation of truth, he should wish the
mate to state the cause of his suspicion in his own way.
The witness then procoeded.—A few days after the
ship Dryad set sail for her destination, the captain gave
orders to have the long-boat in readiness. They were
then standing off the coast of Ireland, and the captain
asked witness whether he knew the coast, to which he
replied in the affirmative, and that they could fetch Car-
lingford if the wind stood. Twenty minutes afterwards
witness went aloft and saw Carlingford lights, and told
the captain, who immediately desired that the ship should
go through the North Channel. Nothing particular oc-
curred for a few days except that the captain altered the
vessel's course very often. All the crew began to sus-
pect that the ship was intended to be lost. Witness kept
a constant look out, but there was no log line at all on
board, and the captain gave him no opportunity of
knowing the astronomical time. They at last made
the island of Virgin Gorda, in the West Indies, on
17th October. When witness saw the land he went
below and told the captain, who, however, made no al-
Oration in the ship's course, but went below for the
purpose, as witness supposed at the time, of consulting
his chart. Twenty minutes after, witness saw breakers
a-head and he went down, and instead of finding the
captain at his chart, found him in bed. The captain
after being told that breakers were a-head, said it was
impossible. Witness said that all the crew were aware
of the danger. The captain finding that the man at
the helm was altering his course, went to the wheel
himself to prevent any change, and the crew cried out
that she must be lost. The ship was then got round
and off the lee shore, and she proceeded on her course,
the captain having stated that he did not think she was
so near the shore. The suspicion that the ship was to
be lost was increased. In fact, while witness was below
at breakfast with the captain, the crew overhead spoke,
evidently with the intention of being heard by the cap-
tain, of their suspicion.
Sir PETER LAURIE—You had not the smallest doubt
of the intention of the captain ? Witness—Not the
least. In fact the intended loss of the vessel was a con-
stant topic of conversation with the men.

Sir PETER LAURIE—Where is the captain ?
Mr. Clarkson said he believed the captain was at pre-
sent out of their reach, but Sir Peter Laurie would be
pretty well convinced the prisoner must have been
" aware " of the intention of the captain, and perfectly
well acquainted with his motive.
Sir PETER LAURIE thought there could be no doubt
of that.

Mr. Phillips said it was usual to suppose every man
innocent until he was found guilty.
Sir P. LAURIE—WeII, let the witness proceed. The
witness continued—On the morning of the 19th, he saw
a rock a-head, and informed the captain, and pointed out
the place, but the captain could not see it, and would
not alter the course of the vessel. The crew soon
cried out that the rock was under the forefoot, upon
which the captain said that the vessel was lost, and
called for the jolly boat. The vessel was going at three
and-a-half knots an hour at the time, and she struck,
but she made no water, and she dragged off and pro-
ceeded. On the 20th she made towards St. Domingo,
but the captain kept bugging along the land, and
every one believed that he wished the vessel to go
ashore. On the 22d, witness' saw a large vessel called
the Bencoolen, and told the captain that they could get
assistance from her, but he said that he wanted nothing
with her. Subsequently the Dryad got into the har-
bour after the Bencoolen ; and witness told the cap-
tain of the Bencoolen that he would not go any fur-
ther with the captain of the Dryad, for it was his in-
tention to cast the ship away.
Captain John Tate, of the ship Bencoolen, stated
that he remembered falling in with the Dryad at Cape
Hayti, St. Domingo. The Dryad was steering right

towards the reef, and lie fired a gun as a signal to
her. He supposed that the Dryad was a stranger,
and had no chart. Finding that she continued to
steer in the same course, he sent a pilot to her, and
as soon as the pilot was on board the course of the
vessel was changed. The Dryad followed the Ben•
coolen then, and reached the harbour in two or three
days.
Sir P. LAURIE—Did you subsequently see the cap-
tain of the Dryad ? The witness replied that he met
the captain on the wharf after landing, and had some
conversation with him. Witness told him that he kept
the vessel too far northward ; to which the captain an-
swered. " It's all very well this time ; but I'll take good
care it shan't happen a second time. I'm sorry she
didn't kn-'ck her brains out." The observation was
made in the presence of several persons.
Sir P. LAURIE—But the vessel was entirely lost, was
she not ? Have you proof of that ? Mr. Clarkson said
that other witnesses were to be produced upon a future
occasion.

Sir P. LAURIE asked the witness whether he knew
anything of the loss of the ship ? . The_witness stated
that four or five days after he had held the above con-
versation with the captain he hoard of the loss of the
Dryad.

Mr. Clarkson—Did Maxwell, the mate of the Dryad,
go on board your vessel ? The witness said that he re.
ceived Maxwell, who told him that he would not go
with the Dryad any more, as he believed it was the in-
tention to sink her.

Sir PETER LAURIE—NOW Mr. Phillips, what have
you to say to induce me to take bail after such state-
ments as these ? Mr. Phillips—l say that there is
not a tittle of evidence to effect Wallis, my client, and
therefore we have every rational expectation that you
will accept of bail. He has no idea of running away.
Mr. Hobler, jun., submitted that his client was also
entitled to be allowed to go upon bail.
Sir PETER LAURIE said that no ground whatever
had been stated to show that he ought to accept of
bail in such a case. It was one of the very first conse-
quence, and the public were deeply indebted to those
who brought it forward. I shall remand the prisoners.
Mr. Phillips said that as Sir Peter Laurie had made
up his mind on the subject it would be useless to ar-
gue upon the statements which had been made.
Mr. Clarkson and Mr. Bodkin submitted that they
had shown quite enough to justify a remand for a week.
They expected witnesses very soon and would then enter
into the details.
The prisoners were then remanded for a week.