The Sun.
London, England, 1840-12-05 00:00:00

‘IOIVIMON PLEAS.-(THIS DAY.)

(Sittings in Bente.)
I% HINE, CLERK, V. REV-
HOLDS, CLERK.
laik...`ne COURT gave judgment in this important case, re-
CI to Church patrouege in the hands of the Corpora-
shAtlf Bury, an. cle!,reed in the interim, before sale under
14,„Tetnieipel. Reform Bill, by the Bishop of Ely. Their
Vie "l'uiPa did not think it necessary to consider whether
the easeth question came strictly within the second Act—
t%a ss 0-ilepal Reform. The Lord Chief Justice, after
Lid !it 'lthat the Court considered the law on the question,
to damages
must therefore be given for the plaintiff, in
Isk,"4loages agreed, and the Bishop's nominee must be
Stte„te.d•
-ATT.!). THE STOCKTON AND DARLINGTON RAILWAY
COMPANY.
ilkihl/1 Was an action brought by an extensive coal owner
6.2 merchant, to recover a large sum, the alleged excess
's the lawful tolls exacted by the Company, for coals
t,ed upon their road. The excess was the difference
144;veen IV. and 44d. per ton. The facts had been turned
a special case, upon a verdict by consent for the plain-
t, which Mr. Sergeant Channcll obtained a rule nisi lesst
art to set aside. The question in dispute was, first,
stlDcl• acre defendants ere justified under their Act
orporation to charge an additisnial toll for the
Le Of a new inclined place, 'made under thother
(1;04 subsequently cbtaincd for the pertose ; and, SC-
-1 13'1 whether coals ste;pped et Stockton-upon-
tett t .
0 conveyed coass.A6u to toter
tse,4 be
parts of England,
kit._ within the meanis,g ec,, the Stockton and Darlington
tlier:fy Act,‘ t - at
“P coals for exportation," and were,
%et. ore.
,O.Y treat Act exempt from certain tolls to which
14shjeci,°°°8 "eenveyed to that port upon the railway were
Net Upon this point a good deal of learned argu-
ttfet,-esk place upon the heating of the cause, and much
tsp:°,,,eo Was mads to Johnson, and other English lexi-
ltessTeers. But the Court was of opinion that such re-
keti° Was scarcely necessary, and that there could be no
k4,.ut that the plain and obvious meaning of the word " ex-
'tfsa,"`tieri" comprehended the shipping and carrying away
tst-'1„ ills from the port of Stockton-upon-Tees, whitherso-
ab„"o be conveyed. Judgment upon this part of the ease
%Z., therefore, be for the plaintiff. But the Company
ated fairly entitled to increased toll, to remunerate
tist° for the expense of the improved inclined plane, by
Da_ll all traffickers upon their rrilway were greatly accom-
tett. On this point judgment fur the defendants.
4 ( Sittings at Nisi Prius.)
FRANK V. FRANK.
LoanstnP, at the sitting of the Court, addressed
Our!' upon the evidence, contrasting elaborately and at
iv, length the statements of the witnesses upon whose
seeace the decision of the inquest do lunatico in 1825,
iti;4°, the continued insanity of the Rev. Edward
'livid` from the year 1816 to that year, without
kt,„b• intervals, with the evidence given in this cause by so
ttelktPspectable persons who had known that gentleman
ete,,"'ntly throughout that time ; that he war, with the
to.lies"t'elt of a tewmapsoiraaray
saettracukaabtail.ipoyrswiaicthe: ihnelBwla6s,paenrel.
;sir his mind
Se4oe, and fully compC7tent to manage his affairs,
N.frB2l, when he became decidedly insane through
h ~s4ects of improper medical treatment, and other causes,
5a for the Jury, however, to weigh the 'evidence and
ikfader how far the testimony of a number of witnesses
ktar of the sanity of Mr. Franks were to be taken
trt the direct positive statements of Drs. Wright,i
ttw°o, Shepherd, and others, that Mr. Frank was always
%olliit arid during the whole of the alleged period
inso.„.
teit...t, 1411 '.eamediately returned a verdict for the plain-
41:t rd Frank was of sound mind at the period
k deeds and will were executed.
Islgh
YD'S SHIPPING—('PHIS DAY.)
mitt.ob", Dec. s.—Wind this day at noon, light south-
b, breeze, and foggy.
t1ety74t,..,,, DEC. 4.—Wind N.W., moderate.—Sailed the
oe-! 'rbeelwright, for Antigua; Ann, Burgess, Tobago;
leo Zese,Daeis, St Jobe's • Ruth, Rundall, Sierra Leone.
sPooe Fell.. 4 Wind south, light.—Arrived the
-21de• f:!4omMacero • sailed Oct. 24, and Pernambuco
i Orwell, WilleUrn, Quebec. Sailed the Acadia
etsr), Miller, for Halifax and Boston. The Argyle,
4144 to Wicklow is on shore on Limbo. The Lady
'4141 Carthew, arrived here from Lisbon, was run foul
:64 tlte 27th ult., in. lat. 44, long 9, by the Tallentyre,
IliSse`', from Bordeaux to the Mauritius, had her boats
jtk: ,oat bowsprit, and received other damage, and had
'lO,, even fur the assistance rendered her by the Ohio,
;e11:4 Philadelphia, she would have gone down. The
t? 4-h, Willburn arrived' here from Quebec, was struck
i44lsfevY sea on' the Mh ult., in lat. lon. 33, which
z,4. rudder, stove long boat, swept the decks, and
Vi the, vessel to leak ; experienced a succession of
ltsm"'e,,s
since.
:ick,°Alß, DEC. 4.—The Traveller, Russell, from Li-
,et ~4 London, which put in here on the 23d ult., with
Stbrenaast, &c. is bencaped in the inner harbour.
ete „~LtP„°,4, DEC. I.—The Constellation, of Glasgow,
de-mtLY laden with oats, drove on shore near here yes-
01.1,2t_tid it is feared the crew are drowned.
"as se'?t,rot, Dac. 4•—Wind N. E.—Off port, the Helen,
l'o,7'ittrere.
i.%/4"1..P10CT1-1, DEC. 4,—Wind N.N. W.—Sailed the
L 6Mitb, for South Australia.
Itte 1,..440UTR, DEC. 3.—Off port the Sophia, Bienckcn,
Baltimore. Sailed Delight packet, West Indies,
irsulttliv, DEC. 3. Sailed Thomas Dempsey, Trinidad.
lk;tt'eltit,Wheeler,h Jane, Thompson, for Ba-
The Daniel arrived Off this port from
tketaduras, reports that the Mona, for Liverpool, was to
the same dare The Eagle I:ad sailed for Chimlico. Mary Broa was to sail from Trinidad on the 24th
I,ltleeeher for this port. The Trinidad, Brown, was to
41,4' for Scarcis; and the Mary, Jones, was daily expected
BkSeareis. The Barbadoes, for deep River, was to load.
NnEkLAND, DEC. 3.—Arrived the Lotus, Edwards,
jI Quebec.
its tAkk,Wlett, Dv% 4.—The Heise, Chambers, from Stock-
le
"bridon, got on shore on the Gunfleet Sand yester-
teing and filled ; crew saved. The Thomas and
etlrt!' Dodds, from Shields to London, has been assisted
15
%es a!' Dodd
With loss of rudder and leaky, Laving been on
4%
b. 4,1 the Guiifleet Sand.
ss. "Iteit , DEC. 4.—A vessel's topmast, In feet long,
to ilete 9 feet from the heel, and a swinging boom,
%ft:et' 1
Ito ekl colour, 34 feet long, with au iron goose-neck
Were picked up on this coast the 4th ult.
trt.
tse caSUrer Drysdale, after a few remarks upon
okSiPse)rtstaennacein oserluti;:nlate,g Edinburgh the centre of the
Nile, 04 et es and showing how much the
sio sit,„ "IQ proposed line through Fife would
t‘k ittm, end, moved that this commun.cat ot !timid beld
ts!t rul 44 the Lord Provost's Committee, where he would
\d I. 15Pportunity of moving that 50/. should be sub-
`r°lll the city funds to forward the present scheme.
L IN'stT to.. Courant.
Ztio4menloiselle Cerito, who is now making a pro-
trte 4 ,tear through the north of Italy, has createdjus
et,lttlt" rore at Verona, After her first performance in
1y" the horses were taken off her carriage, and Tagli.
1,-,°,t'lt rival was dragged home in triumph.
ulie and Duchess of Sutherland are now
ts ened:L.g a select circle of friends at Trentham Hall,
elegyetre, a —O,
m g whom are the Earl and Countess of
ts,th Gs tue Hon. and Rev. F. Grey, the Lady Ma-
lt, e.); the Dean of Lichfield, Hon. J. and Mrs. Tal-
, se e.ade
ct Mary Howard, and the Hon. Mr.. i
Howard.
ei puke and Duchess, with their Lindy, intend
ihwe t:eir residence for town about the close of the pre-
)) hov n•---Dcrby Reporter.
ekr.e4l6 AUTllolls.—Our correspondent at
be~eliaThy
us that her Royal Highness the Princess
bol'fh°l Saxony, has just published the first volume of
to tohtleatre Complet," The proceeds of which are to be
21
cm the various benevolent institutions cf the
fe,:ls(Tris volume contains three comedies. Die Umbe-
,t, (1.11 Illiterate Lady), in three acts; Die Stiefto'ch-
tebe Step.dauffhter) in four acts; and Pflicht and
hiq (butr, r- Th first represen-
-44, ano ssove), in five acts. e
Vore •a bew drama by the Royal and accomplished
is dr'', took plaec last week at the
44th.eviitain1L,t is called Der Hauptman lirnewalci (C. apt-41
tiktio') It was received with loud expressions, pr
and enthusiasm from the audience,

REMAINS

OF

NAPOLEON.

We subjoin the official reports of the Commissioners
appointed by the French and British Governments to
disinter and transport to France the remains of the Em-
peror Napoleon, with other particulars connected with
that interesting proceeding. THE ACT OF DISINTERRING AND DE•
LIVERING THE BODY.
(AUTHENTIC COPY.)
We, the undersigned, Philip Ferdinand Auguste de
Rohan Chabot, Chevalier of the Royal Order of the
Legion of Honour, Secretary of Embassy, Commis-
sioner by virtue of powers received from his Majesty
the King of the French, to preside, in the name of the
French nation, at the disinterment of the mortal re-
mains of the Emperor Napoleon, buried in the island of
Sr. Helena, and at their delivery by Great Britain to
France, in conformity with the decisions of the two Go-
vernments, on one part ; and Charles Cousin Alexander,
Captain commanding the Royal Engineers at St. Helena,
deputed by his E.zellency Major-General Middlernore,
Companion of the Bath, Governor, Commander-in-
Chief of the Forces of her Majesty the Queen of Great
Britain at St. Helena, to preside in the name of his
Excellency at the said disinterment, of the other part.
Having first communicated our respective powers,
which being found in proper form, we proceeded this
day, the latli of the present month of October of the
year 1840, to the burial-place of the Emperor Napoleon,
in order to observe and personally direct all the opera-
tions of the disinterment and transferring.
When we arrived at the place called Napoleon's
Valley we found the tomb guarded, according to his
Excellency the Governor's orders, by a detachment of
the 91st Regiment of English Infantry, commanded by
Lieutenant Barney, with orders to remove every perscn
who should not be designated by either of us as havieg
a right to assi-t at the operation.
The following persons then entered the enclosure
round the torals :

On the part of the French nation, the Baron de las
Cases, Member of the Climber of Deputies, Cnun-
el!or of State ; the Baron Gourgaud, Lieutenant Ge-
neral, Aide-dc-Camp to the King ; M. Marchand, one
of the testamentary executors of the Emperor's will ;
Count Bertrand, Lieutenant-General, accompanied by
Arthur Bertrand, hie son ; the Abbe Felix Ccqucrcau,
cheplain of the frigate La Belle Poule, and two cho-
risters i MNI. St. Denis Noverraz and Archambault
yeerren, ancient attendants on the Emperor ; M Guyct,
Captain commanding the corvette La Favorite ; M.
Charnier, First Lieutenant of the Belle Poule ; M.
Doret, commanding the brig L'Orestc ; Dr. Guillard,
chief surgeon on board La Belle Poule ; and M. Raux,
plumber ;
And for Great Britain—His Honour the Grand
Judge ; Wilde, member of the Colonial Coun-
cil of the island of St. Helena ; the Hon. Hamelin
Trelawny, Lieutenant-Colonel Commanding the Artil-
lery ; the Hon. Colonel Hodson, Member of the
Council ; M. W. Scale, Secretary to the Governor ;
Edward Littlehales, commanding the brig Dolphin ;
and M. Darling, vtlio had superintended the works at
the Emperor's grave. The persons appointed to direct
and execute the works were then admitted.
Then in our presence, and in that of the persons
alone mentioned hereafter, it was ascertained that the
tomb remained quite perfect, and the first operations
were commenced in the most profound silence between
mid.elglE, and one o'clock in the morning.
We first caused the iron railing which surrounded the
tomb to be removed ; we then uncovered the surface of
the tomb to the extent of five metres forty-six centi-
metres in length, and two metres forty two centimetres
in breadth, being composed of three ranges of mason
work fifteen centimetres thick, fixed into another foun-
dation of mason work. This first operation was con-
cluded at half-past one o'clock.
A rectangular wall then presented itself, forming, as
we afterwards found, the four sides of a vault, being 11
feet deep, 8 feet long, and 4 feet 8 inches wide. This
vault was entirely Ailed with clay to within 6 inches of
the mason-work ; after having excavated and removed
the earth out of the vault, we came to a bed of Ro-
man cement ; this bed having been completely unco-
vered, at three o'clock the undersigned Commissioners
descended into the vault, and ascertained that this
cement was perfectly unbroken. This cement having
been pierced, it was found that this bed covered another
bed 10 feet deep, which was bound together with bands
of iron, which it required four hours and a half of labour
to remove. The extreme difficulty of this operation in-
duced the undersigned English Commissioner to have a
trench dug on the left side of the vault, and to demolish
the corresponding side wall, and thus arrive at the coffin,
in case the upper bed of cement should oppose too great
a resistance ; but this cement having been entirely re-
moved at 8 o'clock in the morning, the trench was aban-
doned, after having been dug to the depth of 5 feet. Im-
mediately under this bed of cement we discovered a co-
vering of mason-work 6 feet 10ng,3 feet wide, and 5 feet
deep, forming, as we afterwards found, the covering of
the sarcophagus. This latter masonwork having been
carefully removed, everything was ready at half-past
nine o'clock to open the sarcophagus. Dr. Guillard
then purified the tomb by sprinkling chloride of lime
over it. As soon as the flag which covered the coffin
was removed by the orders of the undersigned English
Commissioner, and that the coffin was discovered, all
the persons present took off their hats. The Abbe
Coquereau sprinkled holy water and recited the De
Proliendis.

Tho undersigned Commissioners then descended to
examine the coffin, which was found quite perfect, ex-
cept a small portion of the lower part, which, although
it rested on a foundation of granite, was slightly de-
cayed. After some further sanatory precauti ►ns were
taken, an express was sent to the Governor to announce
the progress of the works. The coffin was then
withdrawn and placed under a tent prepared
to receive it, and the chaplain raised the body
according to the rites of the Catholic Church. The
undersigned Commissioners then descended into the
sarcophagus, which they found in a perfect state of pre-
servation, and entirely to correspond with the official
description of the burial. Towards eleven o'clock the
undersigned French Commissioner having been assured
that his Excellency the Governor had authorised the
opening of the coffins, the exterior wooden coffin was
carefully removed, when a leaden coffin was discovered,
in good preservation, which was placed in the coffin
brought from France. His Excellency the Governor,
accompanied by the officers of his staff, then arrived at
the tent, when the upper part of the lead coffin was re-
moved with the greatest care, when a wooden coffin ap-
peared in good preservation, and answering the descrip-
tion given by persons present at the funeral. The coVer
of the third coffin having been removed, a tin ornament,
slightly rusted, was seen, which was removed, and a
white satin sheet was perceived, which %%as removed
with the greatest precaution by the doctor, and Napo-
leon's body was exposed to view, His features were so
little changed that his face was recognised by those who
had known him when alive. The different articles
which had been deposited in the coffin were found exactly
as they had been placed. The hands were singularly
well preserved. The uniform, the orders, the hat, were
very little changed: His entire person presented the
appearance of one lately interred. Tlao body was not
expnaed to the external air longer than two minutes at
most, which were necessary tor the sargetti to take
measures to prevent any alteration► mot-ding to his in-

structions.
The tin coffin and the first wooden coffin were imme-
diately closed, as v. ell as the leaden coffin which was
soldered down with the greatest care by Dr. Guillard,
and strongly fixed in the new 'ceder' coffin sent from
Paris, which was likewise earefully soldered down. The
new ebony coffin was then locked, and the key handed
to the French Commissioner. The undersigned Eng-
lish Commissioner then declared to the French Com-
missioner, that the disintertheht having been completed
the remains of the Emperor Napoleon might be consi-
dered et the disposal of the French Government The
Fretth Commissioner replied, thet h *di ready to
accept the remains in the titkiii.b of his Government, and
was ready, as tea At the other persons of the mission,
to actempriey them to James-town, where his Re:, al
Highness the Prince de Joinville was reedy to receive
them from the Governor, and to conduct them on board
the French frigate Belle Poulo, which had been commis-
sioned to transport them to France. The coffin Was placed
upon a funereal car, and covered with an Imierial cloak
presented by the French Commissioner, and at half-past
tl tae o'clock the procession set out in the following
order, under the command of his Excelleney the Go-
vernor, whom a severe indisposition prevented froiti as-
sisting at the labours of the peevious night :—The Mi-
litia Regiment of Bt. Helena, under the command of
Colonel Scale ; the detachment of the 91st Regiment
of British Infantry, commanded by Captain Blackwell 1
the militia band, the Abbe Coquereau with two cheris,
tors, the funeral car moiled by a detachment of the
Royal Artillery, the corners of the pall held by Lieu-
tenant-General Count Bertrand, Lieutenant-General
Baron Gourgaud, the Baron de Las Cases, and MM.
Marchand, St. Denis, Noverae, Arthainbaelt, Pierron.
The French Commissioner tenducted the mourning pre-
cession, having. the Captains Guyot and Charner, M.
Arthur Bertrand, M. Coursot, an old servant of the Em-
peror, Captain Doret, and Dr. Giiiiiard i the civil and
military authorities, according tt their rank ; his Excel-
lency the Governor, acnompanied by the Grand Judge and
Colonel Hodgson, members of theCluneil i o. eariony
of the Royal Artillery $ the principal inhabitants of the
island, in deep returning. Minute guns were fired
during the procP:ssion. When the funeral car arrived
at James:Tbwn it dtfiled between two files of the sol-
diers oc. the garrison with reversed Arms, who lined the
town from the entrance to the landing-place,
The procession arrived at the extremity of the quay
at half-past five. His Royal Highness the Prince de
Joinville, aceotuparlied by Captain Hernoux, and sur-
rounded by the stair of the three French vessels, La
Belle Poule, La Favorite, and L'Oreste, received the
naperial coffin from the Governor, which was inune.4i-

THE SUN, L

ately embarked on board a boat prepared to receive it,
and conducted in a solemn manner on board the Belle
Poole, where it was received by the Prince with Royal
honours.

In faith of which we the undersigned Commissioners
have drawn up the present memorandum, and sealed it
with our arms.

Made double between us at St. Helena, this 15th
day of October, in the year of grace, 1840.

BOHAN CHABOT.
ALEXANDER.
Witness MIDDLEMORE.
The Commissioners, both French and English, agreed
that the persons wh• assisted at the disinterment of the
Emperor Napoleon should attach their names to this
document.

BERTRAND.
GOURGAUD.
DE LAS CASAS.
COQUEREAU.
ARTHUR. BERTRAND.
GUYS r.
CIIARNER.
DORET.
GUILLARD.
" Head-quarters of St. Helena Plantation, Oct. 13.