The Sun.
London, England, 1850-12-10 00:00:00

John Silcock, htm and beef-shop keeper, Pickering-
place, Islington.
George Willoughby, check clerk in the London Docks,

NAVAL INTELLIGENCE.

LAW INTELLIGENCE.

APPOINTMENTS.

VICE-CHANCERY COURT, Dec. 9.
(Before Sir J. KNIGHT BRUCE).
OLLENDOEF V. MACS.

the schooner when she began the chase, and when they
boarded us ten or twelve men came with the pirate
captain. There were 13 of the crew of the Victoria,
and 12 of the Industry. I suppose there were 60 or
70 men on board the pirate-vessel.
George Lewis examined—Was at the Old Bailey
trial. In August, 1822, I was carpenter in the brig
Victoria. I remember her being taken by a piratical
schooner. A boat from the schooner boarded the
Victoria. The boat's crew were armed with pistols,
cutlasses, and knives. She was commanded by Aaron
Smith. He first came on board, and he then ordered
the captain, the chief mate, the second mate, and three
sailors, to go into his boat. When Smith came on
board he fired a musket off. The captain asked Smith
what he and his crew were. Smith told him to go on
board the schooner, and they would tell him what they
were. The captain complied, and took his ship's
papers with him, at the request of Smith. Smith
stayed on board the Victoria from one or two until
eight o'clock, and gave orders to everyone on board.
We did the work, and the pirates walked the deck, to
take care of us. He told Deane, the man at the
wheel, to steer the ship " well." He struck the man
with a cutlass on his head, and made a wound three
inches long. The last witness was then called to the
helm. Smith asked me where my captain belonged
to ? I told him his name was Hearne, and he belonged
to the North. He asked where he lived. I said,
17, Lucas-street, Commercial. road, London. Smith
said " What do I know about London ?" I remember
an American vessel coming in sight. When we lost
her it was quite dark, and the wind blowing hard.
He ordered me to put four oars in the jolly-boat, and
I did so. When the American was twenty minutes'
sail off; the schooner was about two miles off. The
brig might then have been saved if Smith had done
what he ought. Smith came back with a Spaniard,
whom they called their captain. He ordered me to
break open the trunk, and made me take down the
lining at the ship's side and the lining over the deck,
to see if there was any property. The pirate captain
said, if he found any money stowed away be would
blow my brains out. Smith and the captain were
down below carousing together. When Smith went
away he took the mate's boat cloak. The next day
we were sent on board the Industry. We heard a
quarrel on board the pirate schooner in the night, and
heard screaming. It was rumoured that the pirate
captain was murdered that night. I last saw the pi-
rate captain on the 7th of August, when he left the
Victoria. When I went on board the Industry I saw
Captain Cook. I noticed his arm, and observed
marks of blood on it. Capt. Cook dressed Deane's
wound, I do not know what private property of Capt.
Hearne's was taken, nor have I ever heard what
Smith got clam this transaction. Lugas and I are
the only two seamen alive belonging to the English
ship. I was first found out to be a witness by
placard. When Smith was on board the Victoria he
said I was to sound the well as usual, and consider
him as captain.
Cross-examined by Mc. JAMES—I do not know
who was steward then. I do not remember his name.
Mr. Henry linen Cohen-My father and uncle
were the owners of the Victoria, and I was in their
office at the time. I was present at the trial of Aaron
Smith, in December, 1823. I heard Captain Cook
examined on the trial of the indictment for piratically
boarding the Victoria. I have heard his deposition
read here to-day. I did not hear him state anything
respecting the Industry. Captain Cook never said
at the trial that Captain Smith had saved his life ; he
said that Smith had not the power to save his life.
It was stated that Smith had knocked a pistol out of
the hand of some one who was going to fire at Cook's
head. Captain Cook denied the assertion. I have
known Captain Cook for many
.years.
Mr. Dobie, the solicitor to the Times, produced
letters of the plaintiff of the 15th and 24th of June,
1850, to Mr. Cobden, which were put in in evidence.
The plaintiff, in the last of those letters, called Mr.
Cobden a " poltroon" and a " slanderer " for refusing
to retract what be had said of him in Parliament,
which he had asked him to do in the first letter, and
said he sheltered his pocket from the consequence of
an action, by the " privilege" of Parliament, and his
cowardly back from a flogging by protection of his

Godfrey-row, Sliacklowell.
Robert Aldersey, assistant in a spirit vault, Dansic

Surgeons—Dr. Archibald Little (1848), to the
Volcano steam-vessel, fitting at Woolwich ; Andrew
Moffit (1849), to the Penguin, 8, fitting at Devon-
port.
Second Master—James Milton (1848), late of the
Volage surveying vessel, to the St. George. 120, at
Devonport.
Naval Cadet—Laurens H. Mallett, to the Victory
flag-ship, at Portsmouth.
As we anticipated yesterday, Commander Thomas
Etheride (1848), has been appointed to command the
Penguin at Devonport. This gallant officer entered
the navy in 1824, passed in 1830, and served as a
mate for ten years. As a lieutenant he served on the
coast of Africa as first of the Star, 8 ; and the
Larne, 16.
Commander John Henn Gennys (1845), has been
appointed to commission the Fantome, 12, at Ports-
mouth, for service at New Zealand ; she is already
rigged, and to have a complement of 125 officers and
men. Commander Gennys entered the navy from
college in 1824, and served in Cambria, 48, at
the battle of Navarino, and after being engaged
in the subsequent capture of numerous pirates, was
wrecked at Carabusa, in 1828, during an attack
on the marauders. As a mate he served in the North
Star at the rebellion in Jamaica; and in 1835, in the
Royalist, in the operations on the north coast of
ttain against the Carlists. In 1838 he attained his
promotion, and as lieutenant served in command of
the Confiance slaver, in the Mediterranean, and in
the Princess Charlotte, 104, Rodney, 92, and Belle-
isle ; and lastly as flag-lieutenant to the late Sir
John Chambers White, when commander-in-chief at
Sheerness.
THE COMPTROLLERSHIP OF THE VICTUALLING DE-
PARTMENT OF THE Navv.—Mr. James Meek, pay-
master, of 1800, who has held the appointment of
comptroller of the victualling department of the navy
for a great number of years, has at length retired
from the sweets and turmoils of active life, and the
vacancy long bespoken for Mr. Grant, store-keeper
of the Clarence Victualling-yard, has been con-
ferred upon that gentleman. That a change was
absolutely necessary in this department has
been most palpable to every one who has
felt an interest in the victualling and transport services
of the navy ; and we now hope that the new eomp-
troller, by bringing to bear his extensive experience
and good judgment, will ere long so improve the de-
partment that we shall hear no more complaints of
bad contracts and bad provisions, which have of late
been so prevalent in the navy. Mr. Grant is well
known as the projector of the baking machinery now
used for making biscuit fur the fleet. He also intro-
duced the patent fuel into the service; but not only
has he been the means of supplying improved fuel and
rood, but he has more recently projected and fitted to
a great many of her Mejeety's steam-vessels a cooking
and distilling apparatus, by which our seamen arc
now supplied with the best fresh \voter on demand.
Mr. Grant, we believe, has a medal from the late
King of the French fr( r his services in establishing
biscuit- baking machinery in France, and is in the
receipt of 3001. per annum for his extra services from
cur own Government.
DEATH OF THE SECRETARY OF THE ROYAL NA-
VAL BENEVOLENT SOCIETY.—Wre announce with
deep regret—a regret which will be felt by the whole
navy—the death of Commander W. H. Dickson, the
gallant, able, straightforward, independent, upright, and
indefatigable secretary of the Royal Naval Benevolent
Society, and the founder of the Royal Naval School.
Our lamented friend had been a great sufferer for the
last four months ; but on Tuesday last he was seized
with apoplexy, and after four days of intense pain
and agony, be expired on Saturday last at ten P.M.
The naval service, in his death, has lost one of its
most devoted members, for he possessed the character-
istics of the profession in its noblest sense. The
Royal Naval Benevolent Society has, in the death of
its secretary, sustained a heavy calamity ; for he was
the most zealous and watchful guardian of its charac-
ter and its interests. The widow, the sister, and the
orphan of the poor naval officer, will have to add to
their severe distresses and bereavements the loss of
their best friend.

_
street, Liverpool.
Georg© Howarth, coal dealer, Tichfield-street, Liverpool
David Jackson, cardmaker, Mirfietd, Yorkshire.
Tryall Kay, Walmersley, Lancashire.
Richard Nowell, hat manufacturer, Bromsgrove, Wor.

The plaintiff in this case, Henri Godfrey 011endorf,
a foreign gentleman, was the author of a book en-
titled " A New Method of Learning to Read, Write,
and Speak a Language in Six Months, adapted to the
French, for the use of Schools and Private Teachers."
The work was first published in London, by Messrs.
Whittaker and Co., the other plaintiff, who had pur-
chased a right to publish an edition of 5,000 copies.
The selling price was 12s. per copy. The defendant,
Mr. Black, of Upper Wellington-street, Strand, had
published at Frankfort-on-the-Maine, an edition of
the work, which he had largely imported into this
country, at a selling price of ss. 6d. per copy. An
injunction was, therefore, sought against the sale of
such edition, and also an account of the money re-
ceived for the copies already sold.
Mr. Malins (with whom was Mr. Flaker) appeared
in support of the motion. Dr. 011endorf. at the time
of the publication of the work, was personally resi-
dent in London, as proved by the affidavit of his
landlady. In the case of " Boosey v. Purday" the
Court of Exchequer had merely decided against the
right of a foreigner residing abroad at the time of
publication. It had not gone the length of deciding
that a foreigner could not have the copyright in this
country.
Mr. BOLT (with whom was Mr. Eddis), for the
defendant, contended that the plaintiff had no domi-
cile in this country. He had merely come to this
country for a few days, to see his bookseller, and now
claimed the same rights of protection for his property
as a natural-born subject of the realm. The Copy-
right Act, which was relied on by the other side, was
not intended to encourage the publications of foreign
authors.

cestershire.
John Nutter, manager at a beerhouse, Liverpool.
John Prosser, labourer, Manchester.
Robert Robson, brazier, Liverpool.
Thomas George Smith, wine and spirit merchant, Liver-
pool.
William Wadley, horse dealer, Berrow, Worcestershire,
Joseph Yearalley, licensed victualler, Salford, Lanca.

shire.
Robert Evans Davies, accountant, Tunstall, Stafford.

shire.
Evan Jones, collier, Aberdare, Glamorganshire.
Christopher Burton, journeyman outfitter, St. Mary's-
gate, Birkenhead.
John Buckley, oonfectioner, Rochdale, Lancashire.
Watkin Jeffreys, grocer, Aberdare, Glamorganshire.
William Smith, jun., tea aril coffee-dealer, Stopergate,
Doncaster.
John Cox, eatinghouse-keeper, Brighton
.Tohn Corbett, coal and lime-dee.ler, Birmingham.
Zebedee Garlick, butcher, Trowbridge, Wiltshire.

Hig HONOUR said his belief was that when the
cases of " Murray v. Bohn," and " Murray v. Rout-
ledge," having reference to the works of WashingtOn
Irving, were before him, the point whether the in-
formation sought for should be granted or refused
was not argued. It was in substance granted by the
counsel for the plaintiff that the matter ought to go
to law, the defendants being directed to keep an ac-
count. But if, however, the point had been argued
before him on those occasions, he should not consider
himself bound by what then took place, or by what he
then did. He considered himself at liberty to deal
with the present case as if those cases were not. It had
been said that the legal weight in this case was doubt-
ful, and that the mere existence of a doubt was suffi-
cient to prevent the Court from granting the injunc-
tion. He did not agree in that. He believed that
doctrine to be new, for it would interfere with the
jurisdiction of the Court, daily exercised to a very
great extent. The question of the legal right being in
doubt was a matter for the serious attention of the
Court, but it did not render it incumbent on the Court
to refuse the injunction. Notwithstanding the argu-
ment that the plaintiff in "Cocks v. Purday" was an
Englishman claiming by assignment from a foreigner,
his Honour thought that circumstance afforded no
clear ground of distinction between that and the pre
sent case. It' the case of Cocks and Purday were un-
justly decided, it appeared clear to him the plaintiff
(Dr. 011endorf) was right in equity, and right in
law in the present instance. There was a circum-
stance here which distinguished the present case from
the case in the Court of Exchequer, "Boosey v. Pur.
day." When the first publication of the work took
place in England, Dr. Oilendorf was himself present
in England. It was said only temporarily so, and
that his domicile was originally foreign, and that it
had never ceased to be so. That may be, but his
Honour could not concede to the proposition that the
circumstance of Dr. 011endorf being present here at
the time of the first publication, was immaterial. llis
Honour was of opinion, viewing the case as he did,
that there was a case for an injunction now; he
should therefore grant an injunction on the common
undertaking of the plaintiffs to abide by any order
which the Court may make as to damages. He made
this order merely as a lawyer, but for the sake of
literature generally, this ought to be the right view
of the law.

Albion, 90, Captain Hope Johnstone, is ordered to
leave Plymouth Sound for the Mediterranean, on
the 17th inst.

COURT OF QUEEN'S BENCH, Dec. 9.
PMITH V. COOK.-LIBEL.

purse.
Mr. Barton, from the office of the Morning Post,
produced a letter, signed by " E. Garbett," published
in the Morning Post.
This closed the defendant's case.
Mr. E. JAMES replied on the defendant's case,
commenting on the evidence and circumstances as he
proceeded. The jury were now again impanelled to
try Captain Smith on two distinct charges on which
he had before been placed upon his trial and honour-
ably acquitted. He (Mr. James) contended that the
charges against Captain Smith were malicious, and
without any foundation, inasmuch as nothing could
be more clear than that he had not only not been
guilty of murder, as stated, but had never stained
his hands in human blood, and was also guiltless of
the charge of boarding and plundering the Pre-
voyant. The Learned Gentleman concluded by
hoping that the jury would award Captain Smith
competent damages for the injury of which he so un-
, justly complained.
Lord CAMPBELL asked the counsel on both sides
whether they would divest the case of all the merely
technical points on the pleadings, and would take the
verdict on the second plea only, which raised the
substantial question of the truth of the libel ?
Both the counsel answered that in this matter
they would be guided by the Lord Chief Justice's
wishes.
Lord CAMPBELL then said, that in consequence of
this very proper course taken by the counsel on both
sides, the case had become one for the jury alone.
He should merely assist the jury by making a few
observations. He thought that there was not the
slightest reason to complain of the plaintiff for having
brought this action against the defendant instead of
bringing it against the Times. It would have been
most improper to bring the action against that paper.
When the paper had taken the precaution to know who
was the author of the letter, and to get an undertak-
ing from him that he would be answerable for the
publication of it, and gave up that author to the person
complaining of it, the author of the letter was the
proper, and the only proper person to be made a
defendant. Likewise he must say that the plaintiff
was in a situation of great hardship, to be thus
called on to go into an occurrence which happened
between twenty and thirty years ago. As soon after
as it was possible he had been called on to answer
this charge. In 1823 he was accused, and the Crown
properly took up the prosecution, the King's Attorney-
General conducting it. The charge was for piracy
in the cases of the Vittoria and the Industry. On
the first of these cases he was tried. All the evidence
that could be adduced was heard, and he had no
doubt that all proper evidence was brought forward
that could be considered capable of strengthening the
case against the prisoner. The then Attorney-
General (Sir R. Gifford) was a most able and honour-
able man, and no doubt conducted the case with great
propriety. Two of the witnesses who had been in
the box to-day were then examined. The case went
to the jury with apparently the most excellent obser-
vations, for the Court remarked that the act without
the mind did not constitute guilt ; and the jury, act-
ing on that rule, and believing that the plaintiff
acted on compulsion, pronounced a verdict of ac-
quittal. It must be assumed that that was a fair and
honourable verdict, and Sir R. Gifford thought it so
conclusive that, no doubt having presented the
strongest case in the first instance to the jury, he
declined to present any evidence on the case of the
Industry. In the year 1829 the plaintiff was again
tried on another charge, before other judges and
under other circumstances. The case was brought
to trial before one of the most enlightened, learned,
and able men that had ever sat on the bench—he

(Continued from our Afternoon Edition of yesterday.)
Mr. Sergeant SUEZ then addressed the jury for the
defendant. Whatever might be the difficulties of a
case entrusted to an advocate in a court of justice,
there was always one circumstance calculated to
cheer and animate him, and that was the conviction
that his client was an honourable man. Captain
Cook was a man who, for nearly a quarter of a
century, had enjoyed the respect of his countrymen.
He was the Captain Cook who so honourably distin-
guished himself during the destruction by fire of the
Kent East Indiaman, many years ago, in the Bay of
Biscay. He had since been employed by. the Govern-
ment to treat with the African princes at the Niger,
with a vsew to the suppression of the slave trade.
This statement, now alleged to be libellous, had been
extorted from I:itn by the bold bad man who now
dragged him into court. Mr. Edmund Garbett, the
friend of Captain Smith, had addressed a letter to the
lion. Member for the West Riding of York, pub-
lished in the Times, and which called upon Captain
Cook to vindicate his character. It was true, as had been
stated by the plaintiff's counsel, that Smith appeared
at a meeting of the Peace Society, and stated his opi-
nion of the character of the pirates in the neighbour-
hood of Borneo. This became the subject of discus-
sion in the House of Commons when 100,0001. was
asked for head money for the pirates destroyed by
Raja Brooke. In the course of the debate it was
stated that it was to be wished that Captain Aaron
Smith could then state what he had asserted at the

There is no truth in the silly Woolwich report,
that the Terrible steam-frigate, Captain Ilope, C. 8.,
is daily expected from the Mediterranean to be paid
off, &c.

Inconstant, 36, Captain Shepherd, was paid off at
Devonport on Saturday, and the Sprightly steam..
tender took to Portsmouth officers and seamen de-
sirous of a passage.
PORTSMOUTH, DEC. 9.—The Waterwich, 8, Com-
mander Quin, is hourly expected off this port, having
made Plymouth on Saturday, whence she was or-
dered to this port without anchoring.
The Phaeton, 50, Captain Elliot, has been removed
from the basin his afternoon, and taken alongside the
Victorious hulk.

WOOLWICH, DEC. 9.—Commander W. T. Rivers,
appointed to command the Volcano, arrived here to-
day, and on hoi'ting his pendant entered nearly the
requisite number of stokers, and examined the certi-
ficates of a number of able seamen, whom he will
enter to-morrow, on his finally approving of them.
The Penguin, 6, at Devonport, making ready for
the coast of Arrica, will be in charge of a commander,
on the important duty in which she is about to be
employed—the suppression of the slave trade; and
Commander Thomas Etheridge (1848) is appointed
to her for that purpose.
Captain E. St. L. Cannon, Commanders J. F. B.
Wainwright and C. J. Austen, Lieutenants M. H. M.
Mundy, E. Marshall, L. W. Peyton, J. D. Curtis, and
W. Horton, recently studying steam at the Factory
at Woolwich Dockyard, have presented Mr. Rough-
ton, engineer, their instructor in the knowledge of
steam and steam-engines, with a handsome gold
watch, worth twenty guineas, and previous to its
being handed to him had the following engraved on
the inside of the case :—" Presented to Mr. Boughton,
by Captain Cannon and the naval officers under his
tuition, Oct. 2, 1150."
The Wildfire steam-vessel will take three engineers
and men from this port to-morrow to Chatham, to
assist in navigating the Tiger steam-sloop to Ports-
mouth.

meeting in question. The Learned Sergeant
then read certain letters of Mr. Garbett
to Mr. Cobden, in which it was stated
that Captain Smith had some years before published an
account of his life on board the pirate ship, in which
he had clearly shown that what Captain Cook had
stated at the trial was untrue, and that he (Cook) had
never had the manliness to answer it, or to defend
himself. He made a distinct charge in that letter
against Captain Cook, that he had stated what was
untrue on his oath. This letter baying been printed
in the Times and Morning Post, it would not have
been proper for Captain Cook to have remained silent.
He (Mr. Sergeant Shee)
would undertake to
prove that all that
Captain Cook had stated
in his letter was the truth. If Captain
Smith wanted the whole truth to be known
with respect to the circumstances under which he
was acquitted in 1823, the better way to vindicate his
character would have been to bring his action against
the Times, when Captain Cook might have appeared
as a witness, and been cross-examined. He (Mr.
Sergeant Shee) would undertake to prove that Smith
had not acted by compulsion as a pirate, but was a
pirate and the associate of pirates of his own free will.
Mr. Edward Symmons, clerk to the magistrates at
the produced the original de-
position h
the oefs
plaintiff, Police-court,
wnthe defendant, when Aaron
brought before the Court on
sam rmCook,
a charge of piracy in 1823. A small portion of the
deposition had been lost.
The deposition was then put in evidence.
John Thomas Stuart, clerk to the plaintiff's at-
torney, who was present at the examination of one
Andre Jean Malinaire (now out of the country),
touching this matter, produced the deposition. (Ma-
linaire's deposition was then put in.)
John Lagus—l reside at Mile-end, and now work
about ships. have been a' mariner. In August,
1822, I was boatswain on board the brig Victoria,
which was on her homeward voyage from Jamaica in
July of that year. I know both Captain Smith and
Captain Cook. About the 7th August, when the ship
was off the island of Cuba, she was taken by a schooner.
The brig Industry, commanded by Capt. Cook, was off
that island at the same time. I had seen the schooner
chasing the Industry, and then get alongside of her.
That was about nine o'clock in the morning. The
Victoria was taken about one o'clock. The schooner
fired before we were taken. A boat then came
alongside from the schooner, with Smith on board,
and three or four more, armed with pistols, muskets,
and long knives. The boat was commanded by
Smith. His face was blackened a little,
I believe. He was not pulling the boat.
Smith came on board first. The captain
and the first and second mates were there.
The first mate said, "Is that you, Smith ?" Smith
said his name was not Smith, but Allen. He then
told the captain and the second mate to go into the
boat with three of the crew. The captain asked if he
must take his papers and what the schooner was.
Smith replied, " You will know when you go on
board." He then gave orders to fill the sails of
the Victoria, that she might run after the schooner.
The captain and the mate and second mate went
on board the schooner. Smith then asked for liquor
and dinner for himself and his men. The man at the
helm did not steer according to his wish, and Smith
called him a scoundrel, and took the cutlass and
struck him across the head, making a wound three
inches long. He fired his mnsket as a signal, I sup-
pose. Smith spoke to the pirates in English, and
they appeared to understand him. None gave orders
but Smith, and the men obeyed his orders. The man
at the wheel was sent away by Smith, and I was put
in his place. The steward prepared dinner for
Smith and his men. He asked where the cheese
was, and the steward replied that it was Cheshire
cheese. Smith said, " Where is Cheshire ? " The
steward said it was in England. The vessel was
becalmed on the same day, and two Dutchmen came
on board with knives. Smith fired a musket at me
because I did not steer according to hia liking.
The witness, in cross-examination, stated that he
had given the same evidence on that occasion that he
had given to-day. The mate, the cook,and Captain
Cook, were also examined_ on that trial. The men ..'l
who came on board- with SMith appeared :to
niards. They were armed with muskets, cutlasses,
and long knives. We were about half a mile from

THE BRAZILIAN SLAVE TRADE,
Extract of a letter from Rio, dated Oct. 5
" The Southampton, 50, Rear-Admiral Reynolds,
C. 8., is here. The slave trade on this coast has been
very brisk. Several captures have been made
five within the last three months, by her Majesty's
ship Sharpshooter, which is ordered to the northward,
to cruise under the orders of Commander Schomberg,
of her Majesty's ship Cormorant, and with her to
proceed to Bahia, which is to be their cruising
ground, on which division the slave traffic has assumed
a boldness and audacity hitherto unknown, setting
the Brazilian Government openly at defiance. On the
24th of September the Sharpshooter communicated
with the Cormorant, and proceeded in company, but
the latter having expended her fuel when about 200
miles from her destination, the former proceeded alone.
On the 2d of October, two days after parting com-
pany, the Sharpshooter fell in with the slaver brig
Felicidade, fully equipped for the slave trade, a most
beautiful craft, one of those fine models which are turned
out of hand at Oporto, fitted either as a brig or as a
two topsail schooner, having a second complete suit of
sails. The vessel was capable of carrying 900 slaves,
and had only 17 days previously landed 700 a few
miles to the southward of Bahia. The crew pro-
claimed, in a most exulting manner, that she had run
10 clear cargoes in the last three years. The fore-
mast having been discovered to be so badly sprung
as not to admit of her being sent to St. Helena for
adjudication, the crew were transferred to the
Sharpshooter, and having collected large quantities
of combustible materials in her main and after
hatchways, she was set on fire. To expedite
her destruction she was further made a target of
for the Sharpshooter's great guns at a good range,
The practice is described as very accurate, nearly the
whole of the shot going through the hull of the slaver,
which eventually sunk. This was the sixth capture of
the Sharpshooter in little more than three months,
and all obtained, with the exception of one (cut out
from under the fort of Macahia), by severe cruising.
Fifteen vessels have been seized this year; five by the
Cormorant (four of which, our informant says, were
captured by information out of Brazilian ports), two
by the Rifleman, two by the Harpy (by information),
and one by the Tweed while cruising. The United
States' frigate Congress sailed on the 20th September
for the River Plate to relieve the Brandywine; the
Tweed, 18, Commander Lord F. Russell, is at Per-
nambuco ; the Rifleman, 8, Lieutenant- Commander
Branch, is en route from the River Plate to Rio ; the
Spider packet in the River Plate ; the Harpy iron
tender is cruising off St. Ann's Islands. The Cor-
morant, 6, Commander Schomberg, arrived here yes-
terday, and, with the Sharpshooter, is using every
dispatch in coaling, &c., to cruise on this part of the
coast. The following are further particulars of the
slaver cutter captured by the Sharpshooter, mentioned
in our yesterday's dispatch :—The Amelia was forty-
five days from Benguela, with seventy-four male and
female children, none of whom averaged more than
eight years of age. The poor little creatures were in
a wretched emaciated state, many dying when disco-
vered, from disease and want of provisions and water.
Several of the children were rescued from between
the water casks, having fallen through the slave deck,
where they appeared to have been lying•many hours.
The deck on which they had. been existing wassnlP
21 feet bet Ween the beams, and when they were con-
y( yed on board the Sharpshooter none were able to
stand upright owing to the herring-like anannersin
which they h2d been long packed."

meant Lord Chief Justice and on that occa-
sion another jury was so satisfied that the case against
the plaintiff was insufficient, and that the voluntary
joining of the pirates was not proved, that the jurors
interposed, and, stopping the case, returned a verdict
of not guilty. On the part of the plaintiff it was
wished to lay before the jury this day the evidence
which had then been given; but it was objected to
because this defendant was not then present, and it
was necessarily rejected. At this distance of time it
was an extreme hardship that the charge should thus
be revived. It was beautifully said by Lord Plunkett
that Time was represented with a scythe in one hand
and an hour-glass in the other, that with his scythe
he cut down the evidence of a transaction, but with
the hour-glass he limited the time within which the
charge might be brought the evidence of which his
scythe had destroyed. It was true that the law
did not recognise limitation to charges of crimes ;
but men would not fail to see that after a certain
period a charge could not be brought without
pressing with undue hardship on th• accused, and
especially in a case like this, when the party had
already three times successfully answered it. As it
was, the jury here mast now consider this charge,
and say whether the plaintiff was guilty or not
guilty. By this libel the defendant charged him with
being a pirate and a murderer, and undertook by the
plea to prove him to be so. The jury would look to
see whether there was any evidence whatever of his
having committed murder ; and with respect to his
having committed piracy, the jury would consider
whether he had committed it voluntarily or not. As
to that, he seemed to have been a man in a respect-
able situation of life, and about to be married. He
was returning to England for that purpose in the Ze-
phyr, when that vessel was attacked, and be became
a victim to the pirates. He was left among them.
He at last escaped, and there was no evidence to dis-
prove avhat he alleged in his hook With respect to the
manner in` which hp escaped. Neither was there a
tittle of evidence to prove that the pirate captain was
dead, and 'that he supplied the place of the
captain. The statements in his book having been
'Made evidence, were to be, taken as much in his
rfalsauf. as- 4pitat him. The defendant saK.
_that_ the
1, book proved his base... The jury -would say whether

.• '

The Earl De Grey has arrived iu Si,. James's-
square, from West-park, Beds.

THE SUN, LONDON, TUESDAY EVENING, DECEMBER 10, a Sri,

that was so or not. If the jurymen believed what the
plaintiff stated, their verdict must be for him ; if they
disbelieved it, the verdict must be against him ; but
they would require strong evidence to show that he
had wilfully acted as a pirate after he had had rea-
sonable means of escape. It was said that he might
have escaped when the American was in sight, and
he was on board one of the captured vessels ; but con-
sidering the small distance of the pirate schooner,
and the force on board it, the jury would say whether
that was an enterprize that was at all likely to sue •
ceed. He should now go through the evidence given
this day-
The jury here interposed, and said that that was
not necessary.
Lord CAMPBELL would then leave the matter with
the jury. He should only further observe that the
conduct of the defendant when he was in the hands of
the pirates showed what compulsion was exercised
over a captive. As to the letters of Mr. Cobden they
ought not to have been written in that scurrilous tone,
but they ought not to prejudice the jury against the
plaintiff.
The jury retired for a short time, and then brought
in a verdict for the plaintiff, damages 101.

LIVERPOOL ASSIZES, Yesterday.

TRIAL OF TIIRELFALL FOR FORGERY.

(Before Mr. Justice TALFOURD.)
William Threlfall was indicted for having uttered
several forged bills of exchange, at Liverpool, with
intent to defraud the Hull Flax Company.
Five of the jury, on being called over, were ob-
jected to by the Crown.
Mr. Sergeant Wiextris announced that the pri-
soner, of his own free will, had withdrawn the plea of
not guilty, and now pleaded guilty to the charge of
uttering, not of forging.
Mr. Brass, who appeared to prosecute, said he was
ready to produce no less than 30 bills of exchange for
32,811/., which had been uttered by the prisoner, all
of which were forgeries. Besides these there were
66 others, with four in addition, making altogether
'forgeries to the extent of 113,8011. That was prior
to the time of his apprehension. Since then 15 addi-
tional bills had fallen due—alt forgeries. These
amounted to more than 20,0001. The entire number
of forged bills was 115, altogether amounting to
133,000/., all of which he was prepared to prove the
prisoner had uttered with a guilty knowledge.
Mr. Sergeant WILKINS, in mitigation, said it was
right his Lordship should be informed that, although
the bills were forgeries, bills to the extent of 113,8001.
bad been taken up when they arrived at maturity4At
the time the prisoner committed the forgeries he had
no idea of defrauding any one, and this was proved
by the fsct that he had met every bill which was due
up to the time of his apprehension. He had borne
a most exemplary character, and though he had done
a most illegal and foolish act, he had never intended
to commit any moral crime. Nothwithstanding all
the disadvantages arising from his apprehensive, the
prisoner's estate would yield a dividend of 123. or 15..
in the pound.
Mr. Blass admitted that oat of the 130,0001. of
forged bills, about 80,0001. had been paid by the pri-
soner, but still there was a large amount which had
not been paid.
His LORDSHIP raid he would consider the matter,
and pass sentence in the morning.

SIRRELL'S CASE.-THE PLATE ROBBERIES.

Mr. Sergeant Wimuivs applied that in case the
grand jury should find a true bill, the trial would
take place on Wednesday morning. The application
was granted.
Mr. Bodkin is also retained for the defence ; and
Mr. Goodman, of the Mansion-house, London, with
several other respectable gentlemen, are to be exa-
mined as to Sirrell's character.

POLICE INTELLIGENCE.
MARLBOROUGH-STREET.

William St. Clair, a journeyman glazier, was sum-
moned before Mr. Bingham for having, by threats
and intimidation, endeavoured to force Mr. Charles
Fox. contractor, builder, &c., to make an alteration in
his mode of carrying on his business.
Mr. Rippon took several objections to the proceed-
ings. He contended, that by the Act under which
the proceedings were taken, two magistrates were re-
quired to adjudicate on the case, and not one.
Mr. BINGHAM said the Legislature most certainly
intended that one metropolitan magistrate, being a
stable and experienced person, should have authority
to do what could only be done by two country jus-
tices. He believed the objection now taken was un-
tenable, but rather than there should be any doubt he
would, if required, adjourn the further hearing to ob-
tain the attendance of his colleague, Mr. Hardwick.
He had already stated that it was essential to have the
charge disposed of on its own merits, and not got rid
of on technical grounds.

Mr. Rippon required to have a definite charge made.
There were several charges on the summons, and he
wished the Court to select the charge. He also con-
tended that, as Mr. Fox had himself proved he had a
partner, the charge did not come within the Act, as
the Act only named one person.
Mr. BINGHAM said if a man threatened several per-
sons, ex necessitate he threatened one person. He
could not give any weight to that objection.
Mr. Humphries, having proved his case by the evi-
dence of Mr. Fox and other witnesses, which has
already been published,
Mr. Rippon then proceeded to take objections to the
form and to the matter of the proceedings. He con-
tended that Mr. Fox had not given a correct version
of the transaction.

Mr. BINGHAM proposed to leave out of view the
evidence of Mr. Fox in the judgment he intended to
give. -He would confine himself strictly to the evi-
dence given by the defendant's own witnesses.
Mr. Rippon said such being the determination of
the Court, he would only call one witness.
A witness was called, and he gave similar testimony
to that which he offered on the former occaion. The
men, to the number of 50, were invited by the fore-
man of the contractor to attend at the works in Hyde-
park, to receive the wages due to them. They went
into the building for that purpose, when the de-
fendant, seeing Mr. Fox, requested an audience. Mr.
Fox would not grant the request, and turned away,
upon which the defendant said, extending his open
hand, " You may repent this."
Mr. BINGHAM said there had been so many objec-
tions raised t hat he thought they ought to have full
consideration, and therefore he would postpone his
judgment until the following day.
The proceedings did not terminate until nearly six
o'c!ock.

SOUTHWARK.
William Thomas, a Smithfield drover, was brought
before Mr. A'Beckett, charged with cruelty to a cow.
Mrs. Ann Handcock, wife of a surgeon, said that
about half-past three o'clock that day, as she was
standing at one of the windows of her house, her at-
tention was directed towards the defendant, who was
driving a cow that seemed to be in a very bad condi-
tion, and scarcely able to move along. At length the
animal fell down, apparently from sheer exhaustion,
and then commenced the brutality which the de-
fendant exercised towards it. He first seized the
animal's tail, and twisted it with great force ; but
finding this had not the desired effect of making
it rise from the ground, he then dropped the
tail down in a part of the road where a
quantity of sharp granite was laid, and began to
jump upon it with all his might. Although the poor
animal seemed by the heaving of its body to suffer
pain from such extreme cruelty, yet it had not the
power to move from its position, and the defendant
then ran to its head, and thrusting several of his
fingers up its nostrils, by that description of pur-
chase made several ineffectual attempts to get the
animal upon its legs. The witness added that she
was so uttorly disgusted with the brutality exercised
by the defendant towards a poor dumb animal, which
it was apparent, from disease and exhaustion, had not
the strength to rise from the ground, that she hastened
to the street and sent for a policeman, into whose
custody she gave the defendant. She further said
that a crowd of persons had collected on the spot,
and that even if she had not interposed he would
have been taken into custody, as several persons
were looking about for a policeman, in order that
such an offender should not escape the punishment he
merited.

A policeman confirmed that part of Mrs. Hand-
cock's evidence which related to the defendant's
twisting and then jumping upon the animal's tail to
make it rise from the ground where it had fallen, or,
more properly speaking, dropped down. He added,
that he subsequently examined the animal's feet, and
found they were in a very diseased state, and that
it must have been great torture for it to have walked
along.
Mr. ATECHETT asked the prisoner what he bad to
say to the charge alleged against him Y Prisoner—
I had no stick, and nobody can say as how I broke
any bones or drew blood.

kr. ATECKETT—AIthough you are not stated to
have used a stick in goading the poor animal, yet you
have acted with great brutality, for which you are
liable to a penalty of 51. I shall inflict a fine of 205.,
and in default commit you for fourteen days.
The defendant was committed in default of paying
the penalty.

THE LATE ESCAPE FROM 'HIE MODEL PRISON..---
AUDACITY OF THE CoNvicT.—George Hackett, who made
his escape from the Model Prison, Pentonville, on Sunday
the Ist inst., and for whose apprehension a reward of 50/
is offered, had the audacity, on Friday last, to make his ap-
pearance in Billingsgate, whither he was driven in 'a cab.' He'
visited several public-honses, at 'Dile •of wli.ich he paid. for
hallo pint of rum to: treat his companions, 5101rtlie,n40-.
ceedeil in the same conveyance down Tharnes-stre9t;f Vd;
over Tower- hill. ,What reucl4s.this act most dathwilk tpate
his father worked for. -many, year,s:lll34inarket;•iinitifther,
convict himself baying been brought: 19.),*the`riciriity 4s
personally known to most of the porters atidothe4S ab/ip
neighbourhood, who either were 'afraid to attempt-MS Ot"-z,:
turo; lye!' knowing his desperate, cbai'aeterrkir else thopliadr,
not 'seen' the,. handbill :offering: t)*.,r6vi:utd, whiO'lsvaa lady
issued on that' day. ^;;Ci.it O.?", .."1
40 • ..4/:; 1.0