The Sun.
London, England, 1848-01-29 00:00:00

WILLS.

THE LATE MR. G. B. WHITTAKER, POBLISMER.
—George Byrom Whittaker, bookseller and pub
fisher, of Ave-Maria-lane, and Phillimore-place,
Kensington, who died on the 13th of December last,
had executed his will in 1841, which was proved in
Doctors' Commons on the 25th of January, by Mr.
Riehard---Gilbspetv =bis brother4in-law4 A4e acting
executor. The other executors appointed were
Edward Stewart, jun., of Winchester House, Broad-
street, merchant; and Barclay Farquharson Watson,
Esq., of Cambridge-terrace, Hyde Park, and
Lincoln's Inn-fields, solicitor, both of whom re-
nounced. The personal property was valued at
50,0001. He has given and devised to trustees his
manors, messuages, lands, tenements, hereditament*,
and all other estates, whether freehold, copyhold, or
customary, and all his capital and stock in trade,
money, debts, and securities, and all other personal
estate and effects ; and that they shall absolutely sell
his freehold, leasehold, and real estates, and stand
possessed of all money from the sale thereof, and,
together with the personal estate, to hold the same,
upon trust, to be invested in good securities, and out
of the interest, dividends, and annual proceeds, in the
first place, to pay to his brother, John W. Whittaker,
and his daughter, an annuity of 1601., being 801. to
each, for their respective lives; and leaves the residue
to his sister, Mrs. Ann Gilbert, wife of Mr. Richard
Gilbert, of St. John's-square, for her own use; and
if he should survive her, to his use ; and, after the
decease of both, to apply the principal moneys and
premises to and among all their children ; and to
each of his executors he leaves 1001.

The will of the Right Honourable Edward Penne-
father, late Chief Justice of the Court of Queen's
Bench in Ireland, was proved first in the Preroga-
tive Court in Ireland, by his sons, Edward Penne-
father, Esq., and the Rev. William Ponnefather,' the
executors, and has been recently proved in the Pre-
rogative Court in London, by his son, Edward.Penne-
father, alone. The funded property and personalty
here were valued at 6,0001. The will is without
date, and revokes all other wills and testamentary
dispositions made by him. His estates are charged
with a jointure for. the.life of his wife, to -whom. he
has left a pecuniary legacy, and a power of disposi-
tion over property not• exceeding 6,0001. ;- he also
leaves her the Tontine annuity on her life, which is
payable in London, and 'that she may make selection
of any :one of the carriages, and have the use of the
plate and furniture, and the library and books (notlaw
books, these he bas left to his eldest son Edward).-13y a
deed executed previous to the marriage of his'son Edward
with Harriet Hall, of Cobbett'a Hall, Herts, the set-

tied estates in England and Ireland were conveyed
to his son Edward, subject to certain incumbrances.
He devises all his estate, right, and interest, to the
town and land of Greenmount, otherwise Kenilworth,
Burgessland Island, in River Sim, facing same, the
burgegery land of Cashel, and other land elsewhere
in the counties of Tipperary and Waterford; to his
second son, the Rev. William Pennefather, of Grange
Parsonage, Armagh, subject to fines, rents, and an-
nuities. He leaves to his three younger sons, being
his said son William, John (since deceased), and
Richard, 5,0001. each. (John having died before
the testator, his share will sink into the inhe
ritance.) His stock in the Bank of England and
certain Louisiana bonds he leaves to his soa Richard,
and a further sum of 1,4001. His three eldest
daughters namely, Ann, who married Wade
Brown, Esq., then of Worcestershire, but late of
Wilts; his second daughter, Ellen, wife of the Rev.
James Thomas O'Brien, D.D., Lord Bishop of Os-
sory, Leighlin and Ferns ' • and his third daughter,
Susan, wife of Richard Hall, Esq., of Cobbett's
Hall—had each received marriage portions ; and for
his fifth daughter, Mary, a portion was also provided
on her marriage, then in contemplation. To his
daughters, Jane and Dora, he leaves 3,5001. each ;
and has appointed his sons Edward and William the
residuary legatees. Legacies are left to each of his
servants. This able and distinguished equity lawyer,
after practising with pre-eminent success at the Irish
bar for nearly half a century, attained one of the
highest honours of his profession, being appointed
Lard Chief Justice of her Majesty's Court of Queen's
Bench in Ireland; which dignified office he held. du•
ring that memorable period of the state trials when
Mr. O'Connell was arraigned. Over this court his
Lordship presided but a short time; his health fail-
ing him, he retired into private life. aud, after a

lengthened illness, he died at his residence, Fitz-
william-square, Dublin, on the 6th of September
last. By his death a pension of 3,0001. per annum
reverts to the Crown. His elder brother is one of the
Barons of the Court of Exchequer in Ireland.

THE DISCOVERY OF COAL AT
VANCOUVER'S ISLAND.
In our paper of Thursday last, under the head of
" Portsmouth Naval Intelligence," it was stated by ,
our correspondent that an excellent specimen of coal
had been brought home by her Majesty's ship Cor-
morant, from Vancouver's Island, which was consi.
dered by competent judges to be good and service-
able coal, equal to any in the British mines, and which
the Cormorant had been enabled readily to procure in
large quantities at the rate of 4s. per ton, whilst at
Valparaiso the price of British coal was as high as
161. per ton. The following additional particulars
respecting the pedtion of these coal treasures may not
be uninteresting to our readers. On the north and
east side of Vancouver's Island, a recently discovered
river debouches into Johnstone's Straits, near the
mouth of which large seams of coal crop out
on the surface of the soil. At this point
the trading steamer of the Hudson's Bay Com-
pany navigating the Straits of Juan de Fuca obtains
ready and plentiful supplies, which is put on board by
the Indians at a mere nominal price. Mr. Dunn,
who was a trader and interpreter in the Hudson's Bay
Company's steamer Beaver, gives an interesting ac-
count of the discovery of this coal. He states—" The
cause of the discovery (of the coal.) was as curious
as the discovery itself was important. Some of the
natives at Fort APLoughlin having, on coming to the
fort to traffic, observed coal burning in the furnace of
the blacksmith, in their natural spirit of curiosity,
made several inquiries about it, they were told that
it was the best kind of fuel, and that it was brought
over the great salt lake six months' journey. They
looked surprised, and, in spite of their habitual gravity,
laughed and capered about. The servants at the fort
were surprised at their unusual antics, and inquired
the cause. The Indians explained, saying that
they had changed in a great measure their opinion
of the white men, whom they thought en-
dowed by -the Great Spirit with the power of
effecting great and useful objects, as it was evident
they were not then influenced by His wisdom in
bringing fuel such a vast distance, and at so much
cost. They then pointed out where it could be found,
of the richest quality, close to the surface, rising in
hillocks, and requiring very little labour to dig it out.
This intelligence having been reported at Port Van-
couver, we received instructions to make the necessary
inquiries and exploration. Mr. Finlaison and part of
the crew went on shore, and after some inquiries and
a small distribution of rewards, found from the na-
tives that the original account given at Fort
M'Loughlin was true. The coal turned out to be of
excellent quality, running in extensive fields, and
even in clumpy mounds, and most easily worked, all
along that part of the country. The natives were
aexions that we should employ them to work the
coal. To this we consented, and agreed to give
them a certain sum for each large box. The natives
being so numerous and labour so cheap, for us to
attempt to work the coal would have been madness."
It is earnestly to be hoped that this rich and valu•
able deposit may ere long be brought within the
the reach of the fast increasing number of our
steamers sin the west coast of America and the
Pau i tit:

Lord and Lady Juhn Russell arrived in town yea.
terday from Windsor Castle.

W ARNE it.
We have been solicited to insert the following cor-
respondence, which will be found to be explanatory
of the circumstances under whiCh Captain Warner
has been deprived of the command of the Peninsular
and Oriental Steam Navigation Company's steam-ship
Haddington:—
Sir,—l request you will commit to the public a
correspondence between Lord Torrington (through
the medium of his secretary, Doctor Bernard), and
myself, which I enclose. I must also beg of you to
insert the following conversation which took place
between Lord Torrington and myself, the morning
after the scone of his Lordship's leaving the quarter-
deck took place.
I saw him in his cabin, and expressed my regret
that he should have so misconceived my conduct on
the previous evening, as to suppose my intention had
been either to annoy him or exercise a little brief.
authority.
His Lordship demanded of me whether I had a
right to prevent his servants from walking the
quarter-deck at any hour P What lady had
complained of his servants walking arm and
arm on the quarter-deck? • saying
" -that his
servants were as good as any lady on board,
and it was nothing but their vulgarity that occa-
sioned their objection." My reply
was, "that it
was my duty to prevent annoyance to every person
on board, and that if he considered bis servants as
good as any of the lady passengers, why did he not
likewise expect them to dine at the saloon table, or
make them first-class passengers, as then I could
have no power over their walking on the quarter-deck
or dining at the table."
These remarks of Lord Torrington's showed me
how necessary it was for me to protect, as long as I
%Ad, those forms in societX acknowledged, when
a man in Lord Torringtoes ptisition set ffie example
of defying them. I left his Lordship's cabin fully
determined to set to the best of my abilities for the
welfare of the .party, and for so doing I have been
deprived of the command of the Haddington, with
what reason let those who know the case decide. As
to the good effects it will have in producing order and
comfort in ships carrying large and motley parties
remains to be proved.
Point de Galle, I remain, yours obediently,
October, 18, 1847- R. E. WARNER.
TO CAPTAIN WARNER, COMMANDING THE SHIP
BADDINGTON.

Steam-ship Haddington, May 21st, 1847.
Sir,—Being on the point of communicating with
the Board of Directors in London of the P. and 0.
S. N. Company, by the direction of his Excellency
Viscount Torrington, I have to request that you will
be so good as to furnish me, in writing, with the dis-
tinct terms of the order by which you excluded the
female attendants of Lady Torrington from the
quarterdeck of this vessel.
As I shall have have occasion to address the di
rectors at some length upon this subjct and others,
I shall furnish you with a copy of my communication
in time for you to transmit any remarks you may
have to offer thereon to the board of directors by the
same mail which will convey the original from Ceylon.
A similar copy will likewise be transmitted to the
Company's agent at Calcutta.
I have the honour to be, sir, your very obedient
servant, W. B. BERNARD,
Private Secy. to his Excellency.
TO 'WM. BERNARD, ESQ., PRIVATE SECRETARY TO MIS
EXCELLENCY VISCOUNT TORRINGTON, GOVERNOR Of
CEYLON.

S. S. Haddington, May 21st, 1847.
Sir,—ln reply to your inquiries as to my right of
sending Lady.Torrington's servants off the quarter-
deck, I must deny hiving done so in toto. Her
Ladyship's servants always have, and do still, resort
to the quarter-deck, and I never objected to their so
doing. What I did object to was, their walking the
quarter-deck during the hours from six to nine in the
evening, when the lady passengers wire on the deck,
and at no other time • hare I placed a veto on -their
walking on the quarter-deck.
They have on several occasions walked arm and arm
together on that side of the quarter-deck that the
ladies were on, when the other side was comparatively
free. This Ido consider a cause of grievance to
the lady passengers, and consequently after repeated
acts of the kind, having sent messages to them by the
purser's clerk to tell them it was contrary to the regu
lation of the ship, &c., Mr. Worcester himself having
spoken to them on another occasion, I, upon the 18th
instant, was walking the quarter-deck in company with
a lady and gentleman, when they commenced walk-
ing arm and arm. I then spoke to them myself, and
requested them to be seated, at the same time stating
they could walk the quarter-deck at any other hours
than from six to nine in the evening, saying at the
time I would speak to Lord Torrington in the morn-
ing ; upon which the French lady's maid made her
complaint to Lord Torrington, who immediately took
his family off the quarter-deck, looking upon the-
case as one of personal affront, which, of course, was
quite foreign to my intentions ; and a recent expla-
nation with Lord Torrington not having the effect of
convincing him of my acting without any personal
feeling or want of courtesy, I of course could make
no further advances,' as I consider I have a duty to
perform to a large party in the ship. I acted in the
capacity of a man wishing to do what was fair to a
community in which there are many ladies, without
placing them in the disagreeable position f making
complaints.--I have the honour to . remain, yours
obediently,

R. E. WARNER.
Commanding ship Haddington.
TO CAPTAIN WARNER, S.C.
Haddington, May 21.
Sir,--I have perused your letter of this maniug in
reply to my own, and I have communicated; its con-
tents to his Excellency Viscount TorritiOn. lan:
directed to observe, that the inquiry conveyed to you
in my letter had no reference whatever.to,the question
of right or no right, as in this instance 'you thought
proper to do. It was a simple question, to which I
have still to request you to be good enough to give me
a simple answer.
Whatever complaints you may at any time have
had to make with respect to Lord Torrington's ser-
vants, I have to remind you that no complaint has
ever been addressed by you or by your orders to his
Lordship, who was tha proper person to take care
that the attendants of Lady Torrington and Miss
By ng did not become troublesome to any one on
board. But his Lordship has not been apprised that
any complaint of any description has been made to
you (and certainly not to himself) by any one of the
passengers respecting them.
I am therefore directed to request you to state
whether any and what complaint, if any, has been
made, and to make known to me, for his Lordship's
information, the name of the passengers making it,
as it must'be his Lordship's wish that any well founded
complaint should not pass unnoticed.
With regard to the French attendant, she was
specially engaged to take charge of Miss Byng at all
times, as the is not old enough to be left by herself.
Sbe accompanies her snore in the light of nursery
governess than a servant, and cannot be separatcd
from her.

The English attendant has been for many years
Lady Torrington's housekeeper.
I am not authorised to discuss with you any other
question you have touched upon in your letter, but I
am distinctly to intimate to you that the tone of your
recent interview totally failed to convince his Lord.
ship that you had not been " wanting in courtesy" to
himself and his family, or to make amends for that
want of courtesy.
His Excellency distinctly apprised you that until
female attendants had full access
Lady Torrington's
to her upon the quarter-deck, and liberty of moving
respectfully but fairly upon the only cool and proper
part of the deck for respectable females to resort to,
he should not permit either Lady Torrington or his
daughter to appenr upon the quarter-deck themselves.
I have only now to repeat the two requests already
named in this letter, and I have further to apprise you
that your letter of this morning will be sent home to
the directors, with other documents, and that his Ex-
cellency is far from satisfied with the tone and spirit
of your communication to me.—l have the honour to
be, Sir, your obedient servant,
W. D. BERNARD,
Private Secretary, &c. &e.

TO
W.
BERNARD Nsg., PRIVATE SECRETARY, ETC.
May 21st, 1847.
S. S. Iladdington,
Sir,—ln reply to your demand whether or no I
have a right to prevent second-class passengers from
coming on the quarter-deck, my reply is that / hare.
In reply to the charge of preventing Lady Torring-
ton's female servants to approach her at all times, God
forbid that I should be so devoid of common feeling to
well enough, Mr. Bernard,
any lady; and you know
that such a course was not taken by tile, or ever will
be, on any occasion.
Lady Torrington's servants have sat where they
liked at all times, and walked at all times when they
liked, except at the hours from six to nine in the
evening, when I wish to keep the quarter-deck free
for the ladies and first class passengers, and it is my
intention so to do.
answei to your inquiry whether Any ladies hart
eon;plainoa, 1. 6,7 not think it nece.,,:',ary to anrver
such a question. Lord Torrington can use his own
judgment in opposing those rules which are intended

I beg to say I shall continue to perform my duty
to the het of my abilities.
I have the honour to be, yours obediently,
R. E. \VARNER,
Commanding S. S. Haddington.
TO CAPTAIN WARNER, ETC.

May 28, S. S. Haddington.
Sir,—l am directed by Viscount Torrington to ap-
prise you that his Excellency does not perceive any
necessity for your being furnished with a copy of the
letter which I have been directed to address to the
13..ard of Directors in London.

I have therefore only to inform you that a succinct
statement of what has passed will be forwarded by
next mail to London by his Excellency's orders, and
it will therefore rest with yourself to make any state-
ment you please on your part which may appear to
you to be called for.—l have the honour to be, Sir,
your very obedient servant,
WM. D. BERNARD,
Private Secretary, &c., &c.