The Sun.
London, England, 1850-12-09 00:00:00

THE SUN,

R,lte dim. By p: vat- e r

3ot prices aro on tho advatic

Try Tittle is cuing..

ner, sTIC-hT 2.7.".77.111,177EM.D.5.

For t•lyk-ar very Ji,att(d sulviips of iorPign
P,•tato- s 1-!H v- —the
to rf, twen (,niy 159 !o,s
trom and :30 Ilaaq,e.,-; 1;, m
e.,ntlnued tf trom Franco nod
e!:•ewhere, hos goon confidt roe to th, home-growers.
alilough they have forwarded about 3,FCO tons. Not-
withstanding ftat, the trade is by no bri!,k,T,,rices
are from 5s to 1U:. nigher than art this day Ee'nnight.
Present rate; as under

Per Ton. Per Ton.
Yorksh. Regents. t.se, to 100, Esstx Shows ... 70s to 75s
Scotch Regents 80s to 90, Bent Regents.... 70s to 85s
Wisbeach &Cam- Ls,ex R,gents... 70s to ;-.5s
bridge ...... 71's to 805..1 Middling Ware_ 40s to 45s
Foreign €ss to 75sIKentish Red Kid. 70s to 7:•.s
Lincoln. Shows —s to t•lCambiidge ditto 60s to 75s
Kent Shows 7os to 75:, Chtts

QUEEN'S BENCH.-(THIS DAY.)
(Sittings at Nisi P,im, sat Westimin!t,.,r, 1.)::!ore Lord
CAMPBELL v.nd a Spfcial Jury.)
SMITH U. COOK.-LIBEL.

This was an veli(11 to rceover con;peLsatitn for a libel
in charging the with havirg becn guilty of pi-
racy. Tue defendant pleaded not guilty, and a jttstifi-

cation

Mr. E. James, Q.C., Mr. Lush, arid another learned
gentleman were c,:unsel for the plaintiff; and the de-
fendant was represented by Mr. Sergeant Shee and Mr.

Parry.
The alit gcd libel on which the action was broug

was a letter which oppeare.l in the 7 intes.on the 20th
June, 1850, in the shape of a letter sign, d by the de-
fendant.
This letter bad reference to certain statements
which had Leen made by the plaintiff at a meeting of
the Puce Society at the London Tavern in the summa r
et this year on the subject of the the n late destruction
of pirates at Borneo, at which meeting, it will be renaem •
bered, Mr. Cobden, M.P., was prestnt, and took a con
spicuous parr• in the proceedings.
The]. tier char;.:ed as litellous was as follows:
" THE CHARGE OF PIRACY AGAINST CAP AIN AARON
SMITH.
"TO THE EDITOR OF THE TIMES.

" Sir,—Ou my return to town, after an absence of
some we, ks in Scotland, my attention has been drawn
to a number of ktt, rs published in the C Imes relative to
Captain Aaron Smith, but more especially to one that
appeared in your columns of the let inst., from a Mr.
E. Garbutt to Mr. Cobden, ;d.l). In this letter, the
writer, atter defending his friend, goes on to state that
Captain Cook, on the first trial, was a witness for the
prosectnion, and on that occasion gave the whole stste-
, ment of his own capture from the Industry. Further on
he says—' Captain Smith afterwards published a eat -
rative of the capture of these ships, in which he clearly
shows that what Captain Conk had stated was untrue,
and the latter party has never had the manliness to
answer it, or in any way to defend himsi lf.'
" Now, sir, as statements such as these, when given t
the world through the medium of your columns, are
calculated to affect injuriously my character for probity,
I musr, therefore, beg the faveur of your obliging me so
tar as to insert the following brier narrative of facts,
with a few observations which 1 have to offer theron, in
your widely-extended and iefluential journal:—
" On Wednesday, August 7, 1822, when in command
of the brig: Industry, on a voyage from Jamaica to the
island of St. Thomas, I was, atter a six hours' chase.
boarded and taken possession of by a boat from a pira
ticel schooner near the island of Cuba, which boat was
commanded by an Englishman named Aaron Smith,
whom I immediately recognised by his voice, though
his lace was blackened. This man, . the moment that he
set his fcot on board, gave directions that a sentry
should be placed on each hatchway, and that no one
should be permitted to pass up or down. All orders
which he subsequently gave were strictly attended to by
the pirate crew. He commenced to bully and black-
guard niyselr, even before he came out of the boat, for
not heaving to when he first fired. Somewhat ifritated
at this, I asked him who he was that I should obey him?
His reply was, ' You will soon find who I am.' I then
called him by name, but he denied his name, and said he
had never seen me. Shortly after this I was ordered
by the raid Smith to take my ship's pspers and crew,
and to accompany him on board the piratical vessel,
then a short distance off, and in chase of the brig Vic-
toria, afterwards captured also. In passing between the

two vessels we were, as netz as I can remember, about
twenty minutes in the boar, with no other of the pirate
crew but himself with us, and we weze et such a dis-

lance from both vessels, that it was impossible
our conversation could be overheard from either.
Then, I think was the time when he should have
opened his mind, if he had been acting under compul-
sion, as he afterwards stated in his defence; bat he
never uttered a word on the subject. I steered the boat
and bmith tat beside me. On my remarking to him
how often his schooner had changed her colours since I first
saw her in the morning, and asking for an explanation,
he said his vessel was a patriot snan• of-war, under the
Cart hagenian flag, but that all colours were lawful in

time of war. Nut- liking such questions, I suppose, he
moved from me to the bow of the boat. When we got
alongside the schooner I observed the deck crowded with
armed men of the most ferocious aspect, sharpening
their long knives and looking at us as if they were im.
plitientiv aitirg to cut our throats. On my stepping
on board,. a brute (whom I afterwards found to be the
chief) made an immediate attack on me with a drawn
sword. I parried his blew with the tin-box containing
the ship's papers, till I disarmed him. During the scuffle
I recei vsd several wounds, not very serious. I was then
put down the hold and kept in confinement; then com-
menced aaf ries of cruelties, the bare recital of which,
even at the distance of twenty-eight years, makes my
blood run cold. Amongst other arts practised to make me
confess to the possession of property which
I had not in reality, I was tied to the
windlass of my own vessel, and after witness-
ing the loading of three muskets, my eyes were
baudapd, and the pieces discharged close to my head,
which It ft me in doubt for a moment whether I was dead
or alive ; suffice it to say, that after suffering a great
deal more thau I can relate here, I was suffered to de-
part with my vessel, end the captain and crew of the
Victoria, after being plundered ofelothes, stores, &c.
" A lull and detailed statement of the capture of those
vessels, and of all that occurred to myself, will be found
in the evidence given by tate before the sitting magis-
trate, at the Thames Police, in August, 1823, when
Smith was committed to Newgate. He was tried at the
Admiralty Session, hela in Decemier following, and ac-
quitted en the first count of the indictment, namely, for
with the Victoria; and as the
Counsel
trai for running
the imivg allay
Crown (for reasons best known to ihim-
self) abandoned the second count without calling
a single witness, he was acquitted on that also; so that
I had not an opportunity of saying one word relative to
the capture of the Industry, or the brutal and cruel treat-
meet which I had experienced.

" So far from regretting this (to me, and, as I have
reason to know also to the prisoner) unexpected termi-
nation of the trial, and though I did not acquiesce in the
verdict, yet I can truly say that no one in court,
not excepting the unfortunate man at the bar,
rejoiced more than I did it it, as I was thereby relieved
from a painful recital of facts which I then relieved and
still believe would have been fatal to the prisoner.
"It will have been observed that the prisoner rested his
defence upon having been compelled to act as he did by
the, pirates. On this I could remark, that if he was
acting under compulsion during the time he was in my
company (judging from the z:,al and spirit in which he
performed
mpany (tjhe part assigned to him), he acted so admi-
rably that, for my life, up to this hour, I have never
been able to divest myself of the idea that he was a real
pirate and no mistake.' And yet, sir, I am not sub-
ject to nervous delusions, nor do I know the meaning of
the word except by the name.
" It is quite true, as Mr. Garbett states, that shortly
after his trial the captain published a book containing
sundry grievous charges against himself, and had they
not been reiterated by the Times, they might have re-
Mained unanswered till doomsday. But I promise if the
captain will only favour the world with a second edition
of his most wonderful work, that I shall amply atone
for all past sins of omission by reviewing his book,
and proving it to be a tissue of falsehoods
interlarded with a few unavoidable facts. I
now, sir, leap) the matter in your hands, merely ob-
serving that, in publishing this document, I am actuated
by no vindictive or personal motives, my only object is
to defend myself from a wanton end, as I think, a most
injudicious attack.
" I wish it also to be most distinctly understood that I
am in no way connected with the Peace Society, nor do I
coincide in the views and opinions held by it as respects
the late destruction of pirates near Borneo. On the con-
trary, I hold that as pirates are the common enemies of
mankind, so it is duty of every man to root out, destroy,
or bring them to justice wherever they can be found, no
matter whether in tbp Eastern Ocean or Gulf of Florida.

Apologizing for the length of this letter, I am, Sir,
your obedient' servant, " W. Coos..
" Scottish Equitable-office, 61 A, Moorgate-
street, June 15."
Mr. E. JAmEs having stated the plaintiff's case, call( d
the following witnesses to suport it:—
Mr. Dubie, the solicitor to the Times' produced a let-
ter tram the Times office, of the date of the 15th Junr,
185.0, and also a letter dated the 18th June, 1850.
Mr. John Burton. a clerk in the London and Joint
Stock Bank, proved that Mr. Wm. Cook, the defendant,
has an account at their bank. He is a private gentle-
. man. Had often seen the defendant's handwriting.
(Shown the letter dated the 15th June, 1850.) That was
the detericiant's handwriting. (Shown also the letter
dated the 18th June.) That was alsoin his handwriting.
Mr. David Bost, a surgeon, residing at Hartford-
bridge. Hampshire, said he was a connexion ot the
plaintiff's. Knew Captain Smith in 1823. Remembered
his arrival in England about the middle of that year.
He was brought home in custody on board a frigate. He
was in the greatest distress, and had no clothes or
money. Remembered his trial at the Admiralty Sessions
in that year on a charge of a piracy, in piratical y
boarding the brigs Industry and Victoria. Saw the de-
fendant there as a witness. He gave evidence for the
prosecution. W itness heard that evidence. Captain
Cook was acquitted. ReMembered his cross-examination.
He admitted onone occasion that the captain of the pirates
pointed a pistol at him, and be believed he should
have been shut had not Smith pushed his (the captain's)
arm on one side. He also stated' that he and his men
assisted In rowing. the
the ship Victors; dthey
pirate's vessel to chase and take-
? t' at not done SO, the
pirates wouitUrive cut them to pieces, and pat them to
,
death in the_mcit cruel manner,- He admitted that he
hems if Ostaiited in- loatirnge
on truing4itid o,ls INfchel be „al yvkki_ offal' to
tip: am
and placed itiiiporVet around tivag..rin8f i
i, .
that
yrribut
bled
; •ue,orcliw,