The Sun.
London, England, 1840-12-01 00:00:00

SFr UT of the PUBLIC JOURNALS

several i vessels l.aden with naval stores and provisions,
and re ndered much essential service by the destruction
of nu .ny armed ships and privateers. In 1799, Cap-
tain itopford was appointed to the Excellent, of 74
guns, in which ship he took L'Arethuse, a national
eutt t r, and several merchant vessels ; and after remain-
og :for some time with the Western squadron, sailed to
the "Leeward Islands, whence he returned -with a broad
pen 3ant in the summer of 1802. In 1803, he com-
mis: toned the Spencer, of 74 guns, at Plymouth ; in
180 a, joined Lord Nelson's fleet in the Mediterranean ;
in 1,805, received the appointment of a Colonelcy of
Ma rines ; and, in 1806, acted a gallant part. and was
wo' ended, in Sir John Duckworth's victory off St. Do-
ago. We treat find this enterprising seaman em-
pit reed in the expedition against Copenhagen, and, in
18,08, having, obtained the rank of Rear-Admiral, ap-
pc anted to a command in the Channel fleet. In this
aistinguishod position, his active exertions, his par-
• ticipation in the attempt to destroy the French shipping
`in the Aix Roads, the attack on the enemy's fleet in
• the Basque Roads, &c., elicited the unqualified commen-
dation of the Commander-in-Chief, Lord Gambier, and
a vote of thanks from Parliament. In 1810, the Rear-
Admiral. was nominated to the command of a squadron
employ ed at the Cape of Good Hope, and while on
this si anion conducted the naval part of the armament
evhieht subjugated Java, a service which obtained for
him., once again, the thanks of Parliament. In 1812
be became Vice-Admiral ; in 1813 returned to Eng-
4-ad ; in 1815 was crewed a Knight Commander of the
Bath, and has since 'oeen made Admiral of the White
and a G.C.B. I-Ls admirable conduct of the operations
a the Syrian c'east are too fresh in the public memory
. > require any notice here.
Sir Robert married in 1809 Mary, daughter of Com-
i
saioner Pareshawe, of the Plymouth Dock-yard, and
several. children.
COMMODORE NAPIER.
01 the heroic services of the brave and daring
karla:s Napier, no statement can be so interesting, or
• h)*,aracteristic as his own, contained in his address to
le burgesses of Portsmouth, at the election, in 1833.
"In the course of my canvass," said the gallant
.ficer, " I have been asked who lam ? Fa tell you,
am Captain Charles Napier, who five-and-twenty
ears ago commanded the Recruit brig, in the West
.ndies, and who had the honour of being twenty-four
',oars under the guns of three French line-of-battle ships,
log from a Iritish squadron, the nearest of which,
eitie the exception of the Hawk brig, was from five to
it miles astern, the greatest part of the time. I kept
flying douhle-shotted broadsides into them. One of
these ships, the Hautpolt, only was captured by the
Pompey and Castor, the other two escaped by superior
eatling. Sir Alexander Cochrane, my Commander-he.
elaief, promoted me on the spot into her. At the siege
Martinique, the LEolus, Cleopatra, and Recruit., were
•ordered to beat up in the night, between Pigeon Island
and the Main, and anchor algae to Fort Edward ; the
enemy tearing an attack burnt their shipping. At
aftylight in the morning, it appeared to ma that Fort
Edward was abandoned; this, however, was doubted;
.1 etiarril to ascertain the fact, and with five men I
aided in open day, scaled the walls, and planted the
Lheon Jack 03 the ramparts. Fortunately I was tie-
-liecovered from Fort Bourbon, tvhich stood about 100
.iarda off, and commanded it. Oa this being reported
to Sir Alexander Cochrane, a regiment was landed in
oehe 9ight,
,Fort. Edward was taken possession of, and the
-mart:ay, turned. against the enemy. I am in possession
of abetter from Sir A. Cochrane, saying that " my
,:onauct was the menus of saviaz many lives, and ot
ehocteniug the siege of Martinique." I had once the
misfortune of receiving a precious licking from a French
eorve'te : the first shot she fired broke my thigh, and a
ale:riper carried awry my mainmast. The enemy escaped,
het*, the British flag was not tarnished. On my return
to England, in command of the Jason, I was turned out
her by a Tory Admiralty, because I had not interest ;
tow, as I could not. an idle life, I server! a earn-
Taia with tee army in Portugal as a ;millet:oer, when
vas again wounded. At the battle of Busaco, I had
ate! honour of carrying off the field my gallant friend
and relative, Colonel Napier, now near ire, who was
e• ot through the face. Busaco was nut the only field
,here ha shed his blood ; at Corunna, he was left for
41e:el ; 'out, thank God he escaped with six wounds.
Ca) my return to England, I was appointed to the
'Thames, in the Mediterranean ; and, if I could bring
`el inhabitants of the Neapolitan coast into this
eem, they would tell you, that from Naples
To the Faro Point there was not a spot where
did not leave my mark, and brought off with
tee upwards of 100 sail of gun-boats and merchant yes-
eek. I had the honour of running the Thames and
!'„Hausa into the small mole of Ponza, which was
detend,d ; and before they could recover from
air surprise I captured the island without the loss of
man. I was then removed to the Euryalus, and had
'e good fortune to fall in with two French frigates and
eehooner. I chased them in the night close into
lalei, in the island of Corsica, pi:seine close under the
ern of one, plumpering her as I passed ; and though
c were going eight knots, I tried to run aboard of her
• . Insert, veho was a little outside, standing athwart my
. awse ; the night was dark, the land close, and she sue-
- .ieded in crossing me, hut I drove her ashore on the
eeks, where she was totally wrecked, anal her consort
as obliged to anchor close to her. The Euryalus wore
aunt, and got off, almost brushing the saore as she
,eassed. These ships were afterwards ascertained to be
en flute, mount ine, 22 guns each, and the schooner
i:l4. From the Mediterranean I was ordered to Arne-
Pai'ea ; and it my Gallant Friend Sir James Gordon was
-'*ere he would have told you how I did my duty on that
'long and arduous service up to the Potomac ; he would.
:have told you that in a tremendous squall the Eury-
.alus lost her bowsprit and all her topmasts, and
chat in twelve hours she was again ready for work.
IVe brought away a fleet from Alexandria, were at-
, 'tacked going down the river by batteries, built close to
-v was the residence of the great Washington, and
I was again wounded in that action in the neck. On
the peace taking place, I went on half.pay, e. here I re-
maiiied till I was appointed to the Galatea, which ship
commanded for three years on this station ; and I
hope and trust that I have faithfully done my duty
during thet period to my King and country."
In addition, we may mention that, in 1833, Cap-
lain 'Napier succeeded Admiral Sirtorius in the com-
mand' of Dan Pedro's fleet, and achieved a signal vic-
tory over the more numerous and powerful squadron
es'i Don Miguel, which the gallant Englishman, with
British followers, captured at a single blow, by
hoarding. He now commands the Powerful, of 84
guns, with the rank of Commodore on the Syrian
coast. This intrepid and enterprising sailor is the
eekdest son of the Hon. Charles Napier, R.N., of Mer-
ehistoun Hall, in the county of Stirling ; was born 6th
March, 1786, and married Eliza, widow of Lieutenant
Edward Eters,. R.N.

Major-General Sir Howard Elphinstone, begs
~o say that the Spectacles he has now had some time in
use, have fully redeem the assurance of the Messrs. S.
tad B. Solomons as toth
advantage from
and having found
so much comfort and from their use far prefer.
able to every other kind of re.:
_which he has been in
the constant habit of making use
Pleatsfer a great number of
years ; he, therefore, feels recommending
;been to his friends. 13, Norfoik.„tre.: Ili
L. park-lane, the 6th
, and
76,bemarle.street,
November, 1840.—Messrs. Solomons,
Piccadilly, opposite the York Hotel
beforeimmediatelyl(iKing
W i l-
liam-street, Bank of . England, state that
these newly- invented Spectacles are placed
feet vision, every object becomes clear and distinct, and
most minute particle is seen with distinctness, so that
the most aged imperfect sight becomes bright and brilliant,
and is brought to its youthful, natural, and original state:
Their Invisible Operative Voice Conductor, for deaf per_
sons, is not the least perceptible nor more uncomfortable
than having a piece of wool in its place; they give imme-
diate relief to old standing extreme cases of deafness.
These valuable inventions have also gained the patronage
of the Royal Family, and the unqualified approbation of
above four hundred of the principal members of the medi-
cal profession, and numerous individuals of high distinc.
"Wl* who have been greatly benefited by their use. No
toMretiou with persons of the same name. 39, Albe-
-7rle-street, opposite the York Hotel, and 76, King Wil-
,taa m-street, Bank of England.
On Mond
they morning a sailor named Alfred
Jackson
left
Newark.stown by railway to visit his friends in
When
ne, his hat blew off to Leeds, on the North Midland
'ter it. The • and he leaped out of the carriage
consequence was almost instant death. A'
-ry sat on his body in the parish
of Wo,,cilesford, and rc-
• arned a verdict of Accidental death by leaping from a I
railway train while triveuwg.,..Hall Gazette.

F 7tOlf THE DAILY PAFERS OF YESTERDAY.
(From the Globe.)
Th ere cannot be a more certain sign of littleness in
one's self, than a reluctance to acknowledge the greatness
of, m ; because such a recognition can only be an-
0a
sz; tx, one who is conscious of his owe inferiority.
Wit A•. •
o at. intending to throw the slightest slur on the
u Yew bted grandeur of the French nation, we cannot
he' /es r eaticing the fact, that on the arrival in Paris of the
9 -73 of the fall of Acre, the majority of the press en-
-41 ;iv oured "eo find its cause in anything rather than in
th a b revery and skill of the troops who accomplished a
fr"•'• to which Napoleon was forced to apply, in pra--
• at, a word he boasted that he expelled from his voca-
bulary—the epithet impossible. There is something as
puerile as it is unworthy in the silly suggestions of some
of the Parisian journals, that the siege of Acre was
brought about by English gold rather than by English
valour. Were the hundreds of unfortunate beings
who lost their lives in the powder-magazine bribed
to be blown up? Heaven knows that the frightful
sacrifice of the besieged was not desired to add
lustre to the 'victory of the besiegers, but the ex-
tent of the calamity to the former may fairly be alluded
to as proof of its being too terrible to be endured for
bribery, or to be inflicted by civilised troops, save in the
fair but fearful course of war, whose horrors and glories
it is but too difficult to separate. It is, perhaps, not
remarkable that a certain portion of the French press,
whose hatred of England is the more obstinate on ac-
count of its utter causelessness, should allow the film
over its eyes to dim the lustre of every act in which
this country takes a part : but it is a subject for sur-
prise and regret that a journal usually so unprejudiced
and enlightened in its tone as the Debats, should have
expressed an opinion that the fall of Acre may have
beenbrought about by capitulation or treachery.
(From the Courier.)
There can be no doubt now, whatever might before
have lingered, that M. Thiers is prepared, nay, deter-
mined, to keep no measures with his late master. The
great question to be debated for France now and here-
after is not that of the East, or of the South tread-
ing closely on its heels, but the reign of Thiers revo-
lutionary, or of Louis Philippe and order. The inde-
cency of the political revelations of the ex-Premier,
and the malignancy of his personalities, serve to shove
that the rupture on his side with all his former associates
of the Conservative party, and his unblushing apostscy
from former Conservative opinions—convictions they
clearly were not—is so frankly rude and rancorous, as
to bear all the unequivocal evidence of a foregone
conclusion in his mind. It is not to be denied that, as he
has the will as well as the power, he is working at this
present time very considerable mischief in the public
mind of France, the final effects of which it is scarcely
porsible to estimate. For he, beyond perhaps any other
public man, is fully olive to all the weak and vulnerable
characteristics of his countrymen, of which his elo-
quence, if eloquence it may be assumed, is in
fact the very reflection, at once volatile, undignified,
rambling, contemptuous of truth, but occasionally bril-
liant, instinctive of points, impassioned by calcula-
tion and temperament, and sophistically skilful. Em-
barked now in a species of political warfare for which
by peculiar taste and genius he is more especially formed
—the wild warfare of a guerilla partisan—and con-
scious of the advantage of bringing the battle to his own
special field of fight, he is clearly bent on pushing the
advantage over an opponent, mild, philosophical, ab-
horrent of personalities, and truly enlightened and
statesmanlike like M. Guizot, whose qualities, inap-
preciable as they are, and as elsewhere they would be
deemed and more welcomed, are scarcely suited to the
meridian—to the too general wildness of impulse and
unreflecting vivacity—of his country. It is, therefore,
we perceive with regret that, forced upon an arena of
personal and acrimonious collision the most ungrateful
to his habits as the most foreign from his character, that
excellent man and Alinister is clearly oppressed under
the disadvantages of such a position in the debate now
in progress. Let us hope that he may succeed in re-
claiming the voice of the Chamber to truth, argument,
and temperance within the House, which out of it may
recal the public mind to a more sober state of feeling
and reflection. The speeches of M. Thiers, and the
boisterous acclamations of his party, are indeed intended
not for conviction and effect with the Deputies, but for
inflaming the passions of the masses, in which it may be
feared he is only too well succeeding.

LAW INTELLIGENCE•

COURT OF COMMON PLEAS, Nov. 30.
JOHNSTONE V. JAMES.

This was an action against the pilot of the steam tug-
boat, the Sir 11/ibert Hawkes, for damage done to the
barge, Sarah, the property of the plaintiff, by the defen-
dant's tug-boat being through earelesihess or design
driven foul of her. The amount of damage claimed
was 71. Mr. Sergeant Talfouril was engaged for the
plaintiff, and Sergeant Channel for the defendant.
Witnesses were callede on both sides, giving, as usual
in such cases, very contradictory evidence, when Mr.
Justice Erskine summed up, and the jury returned a
vcrdiet for the plaintiff—Damages 61. 10s.

COURT OF EXCHEQUER, Nov. 30.
(Sittings at Nisi Prins.)
BARKER V. HOWER.
Mr. THESIGER (with whom was Mr. Cowling) said
the plaintiff in this case was the nephew and late aporen-
tiff, of Mr. John Atkinson, the inventor of " Atkin-
so,'s Infant's Preservative." For e sum of money he
became the Proprietor of the recipe for making the me-
&eine. He had carried on the business in Manchester
during the last twenty years ; within the last two or
three years he found that many persons were imitating
the medicine, and amongst others the defendants, who
carried on business in Dudley. He brought his action
for the purpose of putting an end to the practice, and to
preserve his own rights.
The Learned Gentleman called witnesses to show that
the plaintiff had purchased the secret of making the
mAieine from Mr. John Atkinson ; that the traveller of
the plaintiff being in Dudley, saw a board which he
thought belonged to his employer, but upon examining
it, lie found it was the same, with the exception that it
said, " Hollier's, late Atkinson's," the two first words
being in small characters. He (witness) purchased a
bottle ; the price was the same as the plaintiff's, and the
wrapper on the bottle was identically the same with the
exception of the name of the maker. It was also shown by
the deposition of the engraver that the show-hoards fOr
the defendant were printed from Mr. Barker's plate, the
word " Hollier"being inserted in small letters.
Mr. ERLE submitted to his Lordship, that the plain-
tiff had had mach out no case for the Jury to consider.
Tnere was no patent in the case, and every one had
a right to make use of any name when it became known
to the public, as an inventor, and was not protected by
a patent.
The case having been argued,
His LORDSUIP said he would not withdraw the case
from the Jury ; he wbuld reserve leave to the Learned
Gentleman to move to enter a nonsuit.
Ir. ERLE then addressed the Jury for the defendant.
He said a brother-in-law of John Atkinson obtained the
recipe from him, and set up in partnership with a per-
san named Turner, in Dudley, under the firm of At-
kinson and Turner, where they made the Preservative.
The firm then became Turner and Hollier ; and, lastly,
Hollier. He, therefore, had a right to say, " Hollier's,
late Atkinson's." Without a patent, no person could
m4intain an action against another for imitating his
minufacture. If the plaintiff should succeed in the
present case, persons inventing anything new would be
mere safe in trusting to a Court of law, than in going
and paying the heavy fees in the Patent Office. There
was no intention of deceiving the public on the part of
the defendant, for upon all the bottles containing
the Preservative sold by him, his own finale
vyls blown, and could be felt by every one. The
Learned Gentlemen called several witnesses, who
proved his statement, and showed that the medicine
had been made and sold in Dudley ever since the time
of Mr. Atkinson in 1810, by his successors, who all put
on their bills " late Atkinson." One witness sold the
medicine as prepared by both parties, and the customers
generally distinguished between the two.
Mr. THESIGER replied.
Mr. Baron GURNEY summed up, and the Jury re-
tired to consider of their verdict.
After an absence of an hour, they returned to Court
with a verdict for the plaintiff of a farthing damages.
REYNELL V. HUME AND ANOTHER.
This was an action upon a bill of exchange for 811.10 s.
The plaintiff was a news-agent in Chancery-lane,
who was employed by the defendants, who are solicitors,
to get various advertisements inserted in the news-
papers. The bill in question was given as a settlement
of the account.
The acceptance of the bill by defendant, Hume, was
proved ~ so also was it proved that Mr. Gunston, the
other defendant, was in partnership with him.
A COUNSEL submitted that there was no evidence
in the case against Mr. Gunston to go to the Jury. It
was not necessary, for the purpose of carrying nn the
business of a solicitor, to draw bills at four months'
date. He contended that the partner Hume had no
power :to bind the other partner for a purpose not
shown to be necessary for the partnership business.
His LORDSHIP saw no force in the objection, and
the Jury found for the plaintiff—Damages, 811. 10s.
BUTCHER V. GOODWIN.
Mr. DASENT said this action was brought to re-
cover the sum of 46/. ss. 6d., the value of goods and
furniture sold and delivered to the defendant.
The delivery of the goods having been proved, and no
directiono one appearingo f
thef o r j tuhe
dg defendant,e,;ound
eprl3a'i u n
tinde ff
tor ththee
amount of 231. 9s. 6d., being all the delivery of which
there was proof.

CENTRAL CRIMINAL COURT.

OLD COURT.
(Poiore the RF.cotti)Eu.)

jui'm La;itei oa, a young man, was indicted for
stealing a box, a quantity of wearing apparel, and a,