The Sun.
London, England, 1847-03-05 00:00:00

THE SUN, LONDON, FRIDAY MORNING, MARCH 5, 1847.

POATSMOUTTI, WILDWISDAT.---The Sphynx, steam .sloop,
was hove out of her stranded position at Brook, yesterday,
about 45 feet, when a ledge or bank stopped her further pro-
gress seaward. About two feet and a half of water, which
she had made, having been pumped out, it Wall expected
the vessel would have been hauled off la• 4 night, but ac she
has not made her appearance at Spithead up to this evening,
we conclude the experiment was a failure. After to-day the
tides" take off "again.
The Dragon, steam-frigates Captain Ramsay, left this
morning, with 150 tons of bind and meal, for Cork, 014 the
relief service.

(Last week between 600 and 700 tons of meal and biscuit,
for the relief service, were made and shipped from the Royal
Clarence Victualling esteblishment. The highest praise is
due to the officers of this vast d •pet for the immense exertions
they have made, and are still making, night and day, to
meet the demand upon their resources for food for the relief
of the prevailing distress in Ireland and Scotland.
The Centaur, steam-frigate, arrived at Spithead this after-
noon for Ireland.
The Baretto Junior, transport, Lieutenant Griffith, agent,
was towed into harbour this morning by the Rattler, steam-
sloop (all the tugs being at the wreck of the Seltynx), to he
loaded with stores fo7 the squadron in the Tagus.
The Emerald, tender, arrived to-day, from Woolwich with
supernnmeraries.

Lieutenant Robert Reid, late of the Sappho, has been ap-
pointed to the Mariner brig, at Devonport.

CORPORAL PUNISHMENTS IN
THE ARMY.
Two Parliamentary returns, of reat social importance
have recently been issued by order of g
the House of mmons.
The first is intitled "A Return of Persons Flogged in the
Army, in Great Britain and Ireland," from January, 1845,
to July, 1846, and the second returns the number of corporal
punishments inflicted, from the Ist of August, 1816, to :31st
December, 1846. The flogging " experiences" of 53 entire
regiments, and 79 depots, are recorded in these documents,
from which it appears, that during the first eighteen months
in question, 348 soldiers suffered the punishment of the lash;
228 in 1845, and the reiminder in the first half of 1845. The
lumber of stripes awarded was 43,168, and the number
inflicted 38,929, or in round figures, something like 90 per
cent, of the whole amount. The nature of the
and the quantum of punishment
administered,offences, may
throw some light upon the operation of the military code of
legislation. Ninety-four soldiers were flogged for insubor-
dination ; their sentences awarded an aggregate infliction of
12,500 lashes, and the number actually " laid on" was 11,748,
or more than 123 in each case. The " drunkards" amounted
to 80, and were doomed to receive 8,133 lashes, and the cu
rative process was carried out to the extent of 7,129 nine-
fold lacerations, or upwards of 89 per man. For " selling
their necessaries" (1. e. any portion of military clothing,
which in, all cases, the soldier pays for, or receives indirectly
as a portion of his state wages), 69 culprits were brought to
the triangles, and received 7,325 lashes, out of 8,035, or more
than 106 each individual. Fur using " violence to su-
periors," 36 were tortured into a love of peace and moral
suasion, at the easy cost of inflicting 135 lashes per man,
or in the whole 4,863 stripes, out of 5,350 ordered. The
" thieves" rank next in the military scale of vice : 29 of
these receiving 3,730 out of 4,050, or upwards of 128 each
delinquent. The last class of offences is described rather
vaguely, as "disgraceful conduct," and of these there are 35
instances, for which 5,100 lashes were awarded by courts-
martial, and 4,134 inflicted, or something worse (we were
going to say better), than 118, as the share of each unfortu-
nate criminal. With regard to the distribution of punish
ment, the returns afford singular results, In ten regiments.
and 51 depots, not a single case of flogging occurred. In 6
regiments, and 12 depots, only one instance occurs in each,
and in 5 regiments, and 2 depots, but two cases of fog-
ging are recorded. On the other hand there are three regi-
ments, with 20 cases each; 67 soldiers were brought to the
halberts in four regiments, and out of the entire number of
court martials avoiding corporal punishment, 37 regiments.
Those between them, no less than Si each ; the latter fact
affording some scope for reflection, as to the "reforming"
Influences of the lash. But the philosophy of the question
is to be gleaned from the second return of flogging cases,
from August Ist, 1846, to 31st of December last, comprising
the period since the death of the martyr White. 68 regi-
ments, and 64 depots, yield a total of 400 lashes awarded, and
155 inflicted. It would seem as if the chiefs of the army felt
that a paltry 50 lashes is a sentence too weak for vengeance,
and too feeble to produce amendment.

FOOD IN BEIGIIIIII.—A letter from Antwerp, of
the 28th of February, informs us that the price of bread has
again risen. On Friday the price of wheat was 33f. 55c.heoti per
of rye 22f. 72c., oats 91. 79c., hay If. 95c., and straw sf.
80c. The price of bread of second quality was 50c. per killo-
gramme, and that of rye Gilead 30c.
SAVINGS BANKS IN IRELAND.—A return of the
amount of deposits in th,.. Irish savings banks has just been
printed by order of the House of Commons. The returns are
made up to the 20th of November last, and contain the fol-
lowing comparative statement of the amounts due to the
banks of the several provinces on that date and on the cor-
responding day of 1845. The total amount of deposits ap-
pears to be for

Leinster .... 1845. 1846.
.. £1,078,309 12 4
Ulster .... 621,333 11 3
Connaught.. 131,156 5 9
Munster ...... 1,045,584 1 3

. --...,—......_. —sir
Gross Total. i/C,876,388 10 7 £2,882,166 3 9
The balance on the surplus fund account were, in the
total, in 1845, 11,023/. 3s. 31; 1846, 10,915/. 2.3. 2d. The
separate return for Dublin (included in Leineter in the
above table) shows the amount of deposits to have been on
the 20th of November, 1845, 635,851/. 3s. ; and in 1816,
485,116/. 2s. Bd.
NARROW ESCAPE FROM DROWNlNG.—Wednesday
afternoon, between three and four o'clock, as three boys were
playing on the banks of the Surrey Canal, near the bridge,
New Peckham, one of them pushed James Emerson, a lad
about thirteen years of age, with such violence as to preci-
pitate him into the canal, which at that spot is rather deep.
A cry for assistance was immediately raised, and a man of
the name of Phillimore succeeded in rescuing the lad from
his perilous situation, and he was immediately conveyed to '
the residence of his parents, who live a short distat:ce from
where the accident occurred.
Colonel Ferguson paired in favour of Mr. Bou •
verie's motion for a committee of inquiry into the refusal of
granting sites fur churches in Scotland with; lienry Stuart?
Esq., Bedfvrd.

NAVAL INTELLIGENCE.
WCOLWICH, MARCH 3.—The Amphion steam-frigate,
under the charge of Lieutenant Sibbalci, got up her
steam yesterday, and returned from Greenhithe to Wool-
wich, accornpaitied by the Black Eagle, Master Com-
mander S. B. Cook, the Black Eagle having been ordered
to Greenhithe in case her assistance should be required,
but the Amphion accomplished the trip in a satisfactory
manner; and on the Wye convict hospital ship being
taken out of dock to-morrow the Amphion will be taken
into dock to have some alterations made in a part of the
engine room which renders the space next to the moving
and stopping power too confined and dangerous when
passing it in haste.
The Grappler, iron steam-vessel, Lieutenant-Com-
mander Lysaght, who was appointed to her at Wool-
wich immediately after he had concluded a course of study
of steam machinery at the factory, has arrived at Sierra
Leone, and the following interesting detail of her pas-
sage to the coast of Africa shows the importance of a
knowledge of steam machinery to officers commanding
vessels:—
" We burn more coalsnow than we did on our first trial
betwixt Woolwich and Portsmouth, consuming 20 tons in-
stead ofl7 when full starning„ which gives us only seven
days'coal. On ourleaving Plymouth, and in fact from the
first, I found her leaky—more than the bilge-pumps
chose to deliver; and these functionaries (the pumps)
getting exceeding sick about 24 hours out of port (off
Ushant), like their managers, I believe, declined further
duty, on which the water rose on us three feat anda half
in the stoke-hole, putting out the fires and bursting tip
the plates of the platform, so vs to let some tons of
coals into the bilges. I put it hands to pump and bale
for some hours before I got her free enough to
enable the engineers to get at the bilge-pumps and
free them, and I caused the plungers to be eased a
little. The next morning, finding the breeze strong in
our favour and against our return, I gave her steam
again. On examining the engines and means of work-
ing the vessel, one or two things have suggested them-
selves as requiring improvement. Our bilge-pumps work
on the inner arm instead of in the bilge, so that as they
suck at nine inches, and the ship is very crank, a large
body of water is left in the engine-room washing to and
fro, which the suckers cannot touch except when the
vessel rolls to windward. I do not know why they
should not be on the outer arm and the feeds
amidship, but suppose there is some good reason that
the contrary plan has been adopted. When we get to
Ascension I will try and get branch pipes to lead from
them to the bilge on either side, that the difficulty
which now exists may be obviated. The fulcrum of
the hand-pump put in at Woolwich gave way in our
utmost need, but the bearing overhead, on which the
lever worked, was said to be cast iron : the next shall
be of wrought iron. I found a very bad leak in the
stern of the vessel round the rudder-case, and stopped
it with some difficulty. We hear the water come in in
clear streams inside the lining, but, as she is lined
throughout, I prefer pumping her out to laying bare the
leaks ' too numerous for insertion,' or patching by our
mechanics. As far as the ship's work goes she is very
indifferently finished. Our engine has a perpetual salt
water bath from leaks inside and along the iron sponson
beams, which we have tried in vain to stop. Now for the
brighter side. She goes at the rate of 8 knots an hour
when deep, with one boiler on the third step of expansion,
burning 8 tons of coals, and with full power in the same
trim (11 feet) only 9.5 knots, so that I think I shall never
use the two boilers again except in chase. In very
smooth water she does not shake or work so much with
the easy steam as she does with the full power, and I
have a suspicion that we have too much power for her
strength. When she has full power, even in smooth
water, she works and trembles like a sailing vessel
overpressed with canvass, and I should say with
the same want of increase of speed as in a
sailing vessel overpressed. At the time I write
she goes 8.6 knots with the wind abeam, and one
boiler third step of expansion. The wind is not helping
her much, as she only went five knots some time back
under canvass only, and she is running away from her 1
canvass now and then, as it gets lighter. She does not
run well deep as she is, and I have not tried her light
yet with a sail; the most she has gone with a fresh trade
wind (wheels disconnected) being eight knots. I did not
take off my lower floats, as I might have done, on the
herne-station or Mediterranean, with a dockyard under
my lee to replace nuts, screws, &c. Ido not
think the wheels checked her much, as being dis-
connected they had nothing to turn but themselves. We
left Madeira on Christmas-eve, having got 117 tons of
coals very smartly delivered. The Sphynx left an
anchor there, from letting it go in too deep water and
snapping the chain. If ever any more iron pots are
sent to sea, the ribs in their bottoms should be perforated
in different places to allow the water to comae and he
pumped out. As they are at present constructed
there are compartments about two-and-a-half feet
long by nine or ten inches deep, confining the water
between the ribs until it is baled out, or stinks. I
shall cut limber holes when I can : in the meanwhile
she makes water enough to keep her sweet. We ar-
rived at Sierra Leone on the 7th, and found here the
Prometheus, Wanderer, and Ferret. Prometheus has
taken a great many prizes ; Ferret and Cygnet took
one between them the other day. We sail on the 9th
for Ascension. The coal here is very bad ; none but
the best should be sent, as the freight is the principa
expense."

----.....—.
Total
Of the comparatively small quantities of malt spirits on
which duty was paid in England and Ireland, none, we are
informed, was manufactured in England, and only a small
part in Ireland ; the rest was prepared in Scotland for the
English and Irish markets. On the strength of these propor-
tions it might be assumed, that distillation from malt was
exceptional and accidental in England and Ireland, and dis-
tillation from grain exceptional in Scotland ; and the com-
parative rates of duty on colonial and home-made spirits
might be regulated on this assumption. But such an arrange-
ment would leave the allegations of the grain-distillers
respecting the rectifying process undisposed of, and
also the representations both of malt and grain distillers as
to the enhancement of their cost price by the Excise regu-
lations under which they must work, and from which the
colonial distillers are free.
Everything considered, the proposal of the distillers, to
refer the investigation of the matter to a select committee,
seems the fairest and most eligible. The case is one of
technical details; it is not fit for the rough handling and
bush-fighting of a "Committee of the whole House," but is
better suited to the scrutiny of three or four intelligent
Members, sitting on it as they would on a waterworks or
railway Bill. No perceptible loss of time would be in-
curred: the points to which inquiry ought to be confined
are few and palpable. A couple of intelligent witnesses on
the part of the distillers, as many on the part of the colonial
interests, and one on behalf of the Excise, would be suffi-
cient. The investigation might he concluded satisfactorily
in three days. That Parliament is not in possession of data
whereon to form a correct judgment, will be obvious from one
circumstance. In the Excise reports on distillation from
grain and sugar, presented to both Houses, the quantity of
spirits yielded by a quarter of malt is estimated at 18
or 19 gallons. In the schedule placed in the hands of
every distiVer to be filled up, is a column headed " Pro-
portionate ddiciency of malt, after the rate of one bushel for
every two gallons (i. e. one quarter for every 16 gallons) ex-
cess of proof spirits." Either the Excise have given a false
and exaggerated estimate of the quantity of spirits that can
be Produced from malt, or they systematically overcharge the
distillers.
With a view to immediate practical application, we have
confined our remarks to the representations of the distillers.
But, the complicated system of levying duties, brought to
light in the attempt to illustrate their case, has a much wider
range of interest. Let us compare the position of the manu-
facturer of spirits from malt with that of the manufacturer of
piece goods from cotton. Finished cotton goods are liable to
no duty; spi its fit for the market are. The duty on malt
spirits is levied at two stages of the process: so much is
charged on the malt, and so much on the spirits. The malt
and the spirits must be made on separate premises, and both
under lock and key of the Excise. Fancy for a moment that
one duty were imposed upon cotton yarns and another on
piece goods; that the spinner were forbid to weave on the
same premises; and that both spinning and weaving were
ordered to be carried on under lock and key of the Excise!
The manufacture of malt spirits is subjected to duties and re-
strictions wheicghrlov:.ualrdonfobtarbley is therebyett:ilerate. placeddinth a
the catsae
disad-
vantage the
cotton manufacturer. And the distiller is not the only
suirerer Th
as compared with the grower of cotton; and the
consumer of spirits is placed at a disadvantage as compared
with the consumer of cotton goods. There is here a glaring
case of oppressively unequal incidence of taxation.

RE-APPEARANCE of the POTATO
DISEASE.
certain that thperpoovtiadteoadsilas=
The following communication from his Grace the
Duke of Portland, relative to the re appearance ~f the
were ingeo:m, d mhounmparnu prudence,
potato disease, will be found worthy of consideration:—
" Sir —lt is
substitute—via,,
hastu te v againia ~
ittohin these six weeks I was
appeared in the same manner as it appeared last year at
thrreiticlu:wr,nimon turnip. I have since
can depend upon a crop of that root this sunim,r. I ven-
ture, season. No man, therefore, in
mitt 1
huourat
much
ah,
w Swedishl s, :
superior
urt with
ep greatr ithatoturnip. r
tconfidence,oSwedish
eaten them, and I think them much more substantial
food than potatoes. Having had much experience in
the use of potatoes as food for cattle, I am sure that
Swedish turnips are the better food of the two. In point
of quantity they yield largo. crops. I have grown here
twenty-two to per acre. I have no doubt that in
milder climates larger crops may be obtained The cul-
tivation of the turnip is less expensive; comparatively,
the seed costs almost nothing. As they need not he
sown very early in the spring, they do not suffer from
early frosts; and in the autumn and winter no frost will
hurt them. Ido not know that on the same land they
' continually, as will bear repetition potatoes will; they
are also liable in sand lands to be hurt by the grub.
Thee two last are the only disadvantages to which they
are liable. When well cultivated, on the whole I con-
sider them a superior crop, and to be preferred, even
there was no such thing as a potato disease.
" Welbeck' Feb. 26." " SCOTT PORTLAND.
.........144.1.••

MARKET NEWS.-(YESTERDAY,

NEW-GILTS AND MEI/MEMEL/LI/L.

We had a steady trade her, and prices were well sup-
ported. Beef, from 2s 6d to 3s 6d; Mutton, 3s 4d to 4s 4d;
Veal, 4s 2d to 5s 2d; and Pork, 3s 6d to 4s 10d per Blbs. by
the carcase.

ItrE.A.T

TS.

SOUTHALL, MARC], 3.—Our market was well supplied
with Beasts, but rather scantily of Sheep and Calves. Gene-
rally speaking, the demand was steady, at our quotations;—
Beef, from 2s 64 to 4s 2d ; Mutton, 3s 84 to 5s 2d ; Veal, 43
to 4s 104; and Pork, 4s to 4s 6d per 81bs.
ItostFonD, DlAncit 3.—Sheep and Calves moved off readily,
at an advance of 2d. per 81bs. In other stock comparatively
little business transacted :—Beef, from 2s 104 to 4s 2d; Mut-
ton, 3s 84 to 5s 2d ; Veal, 48 2d to 4s 10d ; and Pork, 48 24 to
4s 8d per bibs. Suckling Calves, 188 to 28s ; Quarter-old
Store Pigs, 16s to 18s ; and Milch Cows, with their small
Calf, 161 to 181 each.
MAnce 3.—We had a steady trace to-day, at
rather improved currencies :—Beef, from 3s 4d to 4s 4d;
Mutton, 4s 4d to 5s 44; Veal, 4s 2d to 4s 84; and Pork, 4s
to 4s Gd per Blbs.
ARUNDEL, MARCH 2.—Beef, from 3s Gd to 4s 44; Muth*,
48 44 to 5s 4d • Veal, 4s to 4s ; and Pork, 4s to 4s 6d per
Sibs- Supply limited, and trade firm.
CHICHESTER, MARCH 3.—Each kind of prime stock sold
freely, other qualities slowly, on the following terms :—Beef,
from ds 2d to 4s 4d ; Mutton, 4s 24 to 53 6d ' • Veal, 4s 4(1 to
4s 84; and Pork, 4s 24 to 4s Gd per bibs. Suckling'Calves,
18s to 275; Quarter-old Store Pigs, 16s to 18s; and Milch
Cows, with their small Calf, 161 to 181 each.

CORN AVERAGES.
GENERAL AVERAGE PRICES OF BRITISH CORN
For the Week ended March 4, 1847, made up from the Returns of the
Inspectors in the different Cities and Towns in Emgland and Wales
per Imperial Quarter.
WHEAT. I BARLEY.' OATS. BYE. I BEANS. I PEAS.
PRICE .• 1743 7d 55s Od 32s 4d 555 lld 153 s 9d 57s 5d
- -

The Duties on Foreign Grain are now suspended.

LOYAL UNITED FRIENDS.—A few evenings ago
the sixth anniversary of the No. 6 Lodge of this highly re-
spectable social body was celebrated at the Lodge-house, the
King's Arms, Wilke-street, Spitalfields, on which occasion
the friends partook of a substantial entertainment. Presi-
dent Groom officiated as chairman, as did past President
Jaques as deputy, and were supported by P. P. Campbell,
D. Burgess, P. Lowth, P. P. Watson, and several other in-
fluential members of the order. After the usual toasts had
been given and duly responded to, Deputy Burgess proposed
" Prosperity to the order, and success to its gift funds,"
which was received with great applause. The healths of the
Chairman, Daputy, and Treasurer Cook, were severally drank
amid much enthusiasm, and the evening was enlivened with
several songs, &c.
We have much pleasure in stating that Lieutenant-
Colonel Sir Walter Scott, Bart., of the 15th Hussars, whose
serious illness at Madras was announced some time since, has
much improved. He maybe expected to arrive in this country I
with Lady Scott uort month, by the ship Wellesley,

DIFFICULTY OF DOING JUSTICE
THE DISTILLERS.
(From the Spectator.)

It is not easy to apply the most plain and obvious rule of
abstract justice in a society so complicated as ours. Not the
least evil of the partial system of cherishing and promoting
';interests" by financial arrangements. So long as protec-
tive duties or exemptions to promote this or that branch of
industry are upheld, wrong is done to all who are not en-
gaged in it; and any attempt to place others on a footing of
equality with the favoured interest is almost certain to result
in an act of injustice to some luckless individual whose case
has been overlooked, and who, not expecting such a visita-
tion, has been tardy in claiming attention.
This general observation has immediate reference to the
case of the British and Irish distillers. Three Bills are
making progress through Parliament, under the auspices of
the Chancellor of the .Exchequer—the Sugar in Breweries
Bill, the Sugar in Distilleries Bill, and the Customs Duties
Bhaving one object in view (and a very proper
one), which,i, must be taken as one measure. They are intended to
open a wider field for the consumption of sugar, by per-
mitting an extended use of it in breweries and distilleries,
and to admit colonial spirits into the home market on equal
terms (in so far as duties are concerned) with home-made
spirits. The principle of the measure is sound: it is the
principle of free trade adopted when it tells in favour of the
colonies, since it has already been put in practice in a man-
ner that tells against them.
Still the details of the measure are open to criticism ; and
here the home distillers take up their ground. They main-
tain that the rates of duty proposed to be levied on colonial
spirits, instead of being equal, are in reality lower than what
is to be paid by the home distiller. The duty paid on home-.
made spirits is—in England, 7s. 10(1. per gallon ;in Ire-
, land, 2s. Bd.; in Scotland, 31. Bd. The duty proposed to be
' levied on colonial spirits is--in England, Bs. 4d. per
gallon; in Ireland, 35. 2d.; in Scotland, 4s. 2d. Appa-
rently there is in each case a difference of 6d. in
favour of the Home distiller. But the spirit-duty is not the
only tax levied on home-made spirits. Of nearly sixteen
millions and a half gallons on which duty was paid in 1846,
upwards of six and 13 half millions were distilled from malt.
In the distillation of all the spirits not made from malt a
portion more or less of that ingredient is used. The duty on
malt is 2s. 81,id. the bushel ; in Scotland, half of this duty is
returned to the distiller. If more than two gallons of spirits
are produced from a bushel of malt, the Excise charge
malt duty on the excess. To the nominal duty on home-
made spirits, therefore, we must add Is. 4id. per gallon in
England and Ireland, and Bd. per gallon in Scotland, for all
spirits distilled from malt, and for other spirits a proportional
sum, according to the quantity of malt used in distillation.
The duty really paid by the home distillers from malt will
therefore be—in England, 9s. 2d. ;in Ireland, 48.; in Scot•
land, 4s. 4d. This baing the case, the proposed rates on Colo-
nial spirits will amount to a differential duty of 10d. per gallon
against the English and Irish malt-distiller, and 2d. against
the Scotch.

The case of the grain distillers is not so clear: the amount
of malt-duty paid on their spirits varies according to the
quantity of malt used by each individual. Some distillers
estimate it as low as .4(1 per gallon, others as high as 4d.
But there is a peculiarity in the case of the grain distillers
that makes the duty they pay heavier than it appears. Their
spirits must undergo a rectifying process before they are fit
for use. The Excise regulations do not allow the distilling
and rectifying processes to be carried on in the same pre-
mises, and the Excise-duty is levied on the spirits as carried
from the distillery. Rectifying occasions a considerable
diminution in quantity; and, consequently, (b.ty is paid on
a larger quantity of spirits than is actually brought into the
market. It is alleged by the grain distillers that this wastage
has not been taken into account by the parties who fixed
upon 6d. as the fair difference between the duties on home-
made and colonial spirits.
'Were the additional duty imposed on home-made spirits in
the shape of a malt-duty the only subject for consideration,
the case of the malt-distillers might be easily disposed of.
The proportion borne by'
the malt spirits to the whole spirits
on which duty was paid in the Three Kingdoms in 1846 will
appear from the following figures.
In England. In Scotland. In Ireland.
Grain Spirits
Malt 717,483

NTRAL CRIMINAL COURT.
OLD COURT.
Before the LORD CHI*F BARON and Mr. Justice CoLE-
itinGe )
ROBBERY' OF ItIAMONDS UPON THE HIGH. SEAS.
Robert Kerr, aged 28, a mariner, was indicted with steal-
ing two packages of diamonds, value 3,3001., the property
of John M`Millan and others, upon the high seas, within
the jurisdiction of the Admiralty of England, &c.
Mr. Clarkson with Mr. Doane were for the prosecution;
Mr. Bellantyne with Mr. Baldwin were engaged for the pri-
soner.

Mr. Ceanksosr opened the case, and at considerable length
_raced the actions of the prisoner from the period at which
the diamonds were consigned to his care at Bahia, until he
was taken prisoner at Montreuii in France.
The particulars will be foiled fully detailed in the evidence.
The first witness called was
John MSMillan, part-owner of the barque Levenside.
Arcbibald M'Kechnie, of Greenock, and Mary M'Alillan, of
Greenock, were his partners. He had known the prisoner
for three years. In the month of September, 1845, the
Levenside sailed in ballast from Greenock to Ardrossan, for the
purpose of being laden with coal. The prisoner was then
master of the barque. She returned in the month of Janu-
ary, 1847. Witnes had been expecting the vessel for a long
time before, and, in consequence of some information he had
received, he went to Deal about the Bth of January. The
vessel anchored in the roads, and witness went aboard of
her, and found that the prisoner was absent, and the barque
in charge of the mate and a young man about 20. In conse-
quence of what the mate said he searched the cabin, and
had a drawer there broken open. He found no diamonds
there. He found the two bills of lading produced in the
ship's registered box, where the ship's papers were usual')
kept. Lieutenant Back, of the Coast Guard, was
with him at the time. The signatures to both the
duplicate bills transmitted to the consignees were
in the handwriting of the prisoner, Captain Kerr.
—(The documents were read.)—Witness only boarded the
vessel for a few minutes. The barque arrived in London on
the 23d of January. On the 25th he went, in company with
Forrester, to Dovor, and subsequently to Montreuil. They
went into a hotel there, and the prisoner Caine there. He
said, when he saw the witness, " Oh, you are there, Mr.
M'Millan.l They were then in the dining-room, and they
returned to witness's bed .room. Forrester then asked pri-
soner what he had done with the property, and prisoner pro-
duced a bag of gold containing 841. saying that was
all, he had been robbed of the rest, he imagined he had been
robbed in the carriage by a person who had got out as Ash-
ford. Prisoner was searched by Forrester, and they after-
wards dined. Witness told prisoner that as he supposed he
must have been unhappy for a long time he had better take
his dinner that night, and make himself as comfortable as
possible. The prisoner after dinner asked to speak to him
again, and they went to the bed room. The prisoner took
oft his boot, and took out a roll of notes to the amount of
100/., which he handed over to witness. k'risoner after-
wards said in a contrite manner, " I suppose I must be
transported for this." On the way home from France,
Captain Kerr told witness that he had gone to "the Albion,"
in East Smithfield, but found that the parties who formerly
kept the house had left. He went to bed, and in the morn-
ing when he wanted his coat brushed, and, in order to get it
done properly, he was obliged to take some parcels out of it,
and either Mr. Foreman or Mr. Hoare asked what he had
there/ The prisoner said, these are diamonds, and added,
can you sell that small parcel for me? The person said that
he had no doubt he could, but he could do so better if the
other parcel was combined. The prisoner then authorised
the sale of both parcels. The prisoner also informed him
that he bad received about 1,100/. in all for the diamonds.
He also asked if Sir. Foreman and Mr. Hoare were in cus-
t"dy ; and when told they were not, he seemed consi-
derably surprised. He also said a Deal boatman had boarded
the "Levenside" in Mid Channel, and said that two gentle-
man were waiting him at Deal. The Captain said, " There
are my owners," and he went ashore with the boatman, al-
though remonstrated with by the mate.
Cross-examined by Mr. BaeLaNaussE—The diamonds did
not appear on the ship's manifest. There were no other
portions of the cargo omitted. During the journey from
M
ontreuil he endeavoured to make the prisoner as happy as
possible. Ile believed that they had only twnrconyersations
on the subject of the robbery; in fact he (I.\ r. M, Milian)
rather wished to avoid the subject. He did not remember
the prisoner saying that he was drunk when he went to bed
at Foreman's, nor did he say that Foreman was in his bed.
room before he awoke, nor did he say that Foreman had cut
the strings of the parcels.
Daniel Campbell, mate, and son of the part owner, re-
membered that tlie vessel was caulked at Bahia. He was not
then aware that there were diamonds on board, but ascer-
tained it on the homeward voyage. One day he went down
into the cabin and found the master overhauling papers. He
did so to. He saw two bills of lading mentioning diamonds
by themselves, and he asked the master why they were by
themselves? The prisoner said that it was LI ease they should

LAW INTELLIGENCE.
VICE-CHANCERY COURT, March 4,
(Before Sir J. WIGRAM. )
LAUDER V. INGLESOLE.
This was a motion on the part of the defendant, who is an
executor, to set aside an order of the Court in reference to
costs on the ground that he had not been served by the
plaintiff with the requisite notice.
His HONOUR. delivered judgment to-day, and diernissed the
motion with costs,

TIPPING V. CLARICX.-(JUDGMENT).
This was a bill filed by the plaintiff, alleging that the de-
fendant had surreptitiously and fraudulently obtained copies
of his accounts by bribing his clerk. The bill prayed that
the plaintiffmiglit be restrained from publishing such copies,
and also for the costs of the suit.
Hie HONOUR delivered judgment to-day. Taking the case
merely of a clerk having given these documents surrepti-
tiously, he ht.d no difficulty in granting the injunction, for
he should consider the defendant in the same positiol as
the clerk whom be had induced to furni6h hill with the
copies referred to. But it was his duty to ascertain whether
or not it was the intention of the defendant to publish these
papers. The only :evidence was a letter which had teen
written by the defendant himself to the plaintiff. It 4?-
poured that the defendant had filed a bill against the plaintiff,
to which the latter demurred, and the letter in question was
written thereupon. His Honour here read the letter, which
contained the following extracts:—" I know the contents of
your books as well as yourself, and with these I shall make
your creditors acquainted." " I intend to call a meeting of
your creditors shc,rtly, to be held in Clonmel, and you may be
satisfied that you shall have Chancerysuits sufficient to satiate
your appetite." The defendant, in his answer, admits that
at the time of writing that letter it was his intention to carry
his threat into execution, but states that he entertains no
such disposition now. Under these circuuistancts he would
not grant the injunction.
Bill dismissed without costs.

SHERIFFS' COURT; Afrt:•ch 4.
(Before Mr. Under-Sheriff nURCHELL
ABSENCZ OF COUNSEL, &c.—This morning several causes
were struck out of the list, in consequence of the absence of
parties. In the first two cases counsel appeared for the de-
fendants, but the plaintiffs were not prepared; in the third
no one appeared, and in the fourth defendant's counsel was
not prepared.
The UNDER •SHERIFF said the cases must proceed. Parties
must be prepared at the sitting of the Court, and if not ready
when called upon the cases would be struck out. The incon-
venience was very great.
EDWARDS V. WATKINS.
This was an action brought by the plaintiff, a journeyman
bricklayer, against the defendant, a builder in the Minories,
to recover the sum of 71. Bs. 10d , the balance of an account
for work and labour done.
Mr. THOMAS, for the plaintiff, called a witness, who spoke
to the value of the work.
Mr. NAYLOR, for the defendant, said that he was placed
in a position of considerable difficulty, in consequence
of the other causes having gone off, as he only an-
swered for a Learned Friend who had not arrived, and he
therefore had no brief.
Witnesses were called, who proved that the work was done
in building four cottages at West Ham, and the question
was, whether the work had been properly done and properly
measured. Plaintiff had previously summoned defendant
to the Court of Bequests for 3/. 17s. 7d. for day work,
and there was no demand for piece-work, but the Court re •
commended a disinterested person to look over the work,
and defendant would not assent unless he named the sur-
veyor, and plaintiff first paid half the expenses; and the
consequence was, that plaintiff employed the witness called
for him in this cause. Defendant engaged a person named
Young,' but his evidence was rejected by the Commissioners.
The UNDER-SHERIFF said he could not hear evidence of
what the Commissioners said, as neither the plaintiff nor de-
fendant had a reply as against them; anything plaintiff or
defendant said at the time could be now heard.
Other witnesses were called, who considered the work was
not done properly, and even if it had been 30s. per rod would
be sufficient, instead. of 40s. charged, whereas, being badly
done, it required work to the amount of 101. or 111. to "hide"
it with " compo."
Mr. Tnomas, for the defendant, said that the reference had
been made in consequence of the defendant disputing the
amount, but by measurement it came to the present amount,
but which was above the jurisdiction of the County Court.
There could not, at all events, be any question as to the
claim of 31. 17s. 7d., and plaintiff was obliged to come into
this Court.
The UxnEn-Simeor said the defendant had pleaded pay-
ment, and the question was, whether the 161. already paid
was sufficient for the work. It was a great pity the parties
had not agreed, instead of putting themselves to great ex-
pense. He (the Learned Judge) was not prepared to say
that plaintiff was not entitled to bring his action for the
larger sum, as the first had been disputed, but persons ought
always to see their full accounts before they began pro-
ceedings.
The jury gave a verdict for the full amount claimed.
Mr. DUNCAN, for the defendant, moved for the writ to be
tained till next term: first, on the ground that no letter
could be referred to by a witness, even though in his own
handwriting, to refer to a date, unless the letter was put in ;
in the next, that the verdict was against evidence; and last,
that the damages were excessive, as the plaintiff could not
claim beyond 31. 17s. 7d.
The UNDER.SHERIF. said he would retain the writ for
five days.
Mr. THOMAS said that would be taken that the Under-
Sheriff disapproved the verdict.
The UNDER-SSRRIFF said, be did not, but had a doubt as
to the amount of the verdict.
The case lasted three hours.
ASS•ULT.--FIELD W. STAINING.
This was an action for assault. It did not appear who
the parties were, or the circumstances under which the as-
sault took place.
Mr. THOMAS (for the plaintiff) said the defendant had
admitted that he had committed a wanton and unprovoked
assault on the plaintiff, and as he did not appear now, it
would be only necessary to show the extent of the injuries
the plaintiff had suffered.
Mr. Meehans, residing in Red Cross-square, was called,
and gave evidence that he was acquainted with the plaintiff;
and lodged at the same house. lie knew plaintiff had been
assaulted and so much bruised that he could not go to work
for three weeks, and the bruises did not leave him for five
weeks. Plaintiff was a clerk to an auctioneer.
By the jury--Ile had half-a-guinea a day when engaged,
which was, on the average, three days a week.
Mr. THOMAS said that was the plaintiff's case.
The lisma-StmairF said the case was now before the
jury. It was admitted by defendant that he had committed
the assault, and he did not appear to offer anything in miti-
gation ; they must therefore assess the damages on the evi-
dence before them.
The jury consulted a short time, but could not agree on
their verdict.
Mr. THOMAS said that the defendant admitted the assault,
and if he had thought it necessary he could have given evi-
dence which would have brought heavy damages.
The thenicit-SnEraFF said the evidence was of the most
meagre character: there was not the slightest information
or explanation given by the plaintiff himself. The jury had
only the dry fact that an assault had been committed.
A juror said there was no evidence as to the nature and
extent of the violence on which they could found their
damages.
The UNDER-Stum' said they must do the best they
could on the evidence adduced.
The jury ultimately gave a verdict for 5/.