The Sun.
London, England, 1850-11-05 00:00:00

THE SUN,

that the police authorities have put a stop to the
weekly collections of the clubs in favour of the
Schleswig-Holstein cause by virtue of an ancient
statute " against foreign beggars and their collectors."
A similar course has also been adopted in Berlin.

LON DON.

THE LONDON GAZETTE.

(THIS EVENING.)

WHITEHALL, Nov. 2, 1850.
Tne Queen has been pleased to grant unto Sir Robert
Monsey Rolfe, lint., the office of a Vice-Chancellor of
the Court of Chancery in England.
....

sition to operate at full rates. A cargo of has
been sold at 20s 3d for brown, and 3,000 chests yellow
Havannah at 41s to 42s 9d duty paid.
MOLASSES.—The sales have been upon a small scale
in West India, but lower rates are not acceded to. Only
200 casks have been sold ; Grenada and T;inidad at
15s 6d to 16s; Antigua and Barbadoes 16s 6d to 17s.
Of Bahia operations amount to 150 casks at 13s for
exportation. For Bengal and Mauritius the rates de-
manded are 12s to 13s; but there has been little pass-
ing. The value of West India Honey is 35s to 55s per
cwt for ord to fine.

WHITEHALL, Nov. 2.
The Queen has been pleased to present the Rev. Henry
Charles Hartshorne, M.A., to the rectory of Holdenby,
in the county of Northampton, and diocese of Peter-
borough, the same being void by the death of the Her.
John Lloyd Crawley, the last incumbent.
DOWNING-STREET, Nov. 5.
The Queen bas been pleased to appoint Charles Mann,
Esq., to be Crown Solicitor, and Henry Jickling, Esq.,
to be Master of the supreme Court kr the colony of
South Australia.

COCOA.—Previous advanced rates are well supported
for British Plantation, and there is not a larger supply;
the trade are still desirous to operate, and privately
several parcels have been sold. At auction 200 bags
Trinidad went at from 46s to 52s per cwt. Foreign is
still held with firmness, and privately several purchases
have been made—Para and Bahia at 30s to 31s, and
Guayaquil 32s to 33s per cwt.
COFFEE.—This afternoon several transactions took
place by private treaty in Native Ceylon Coffee, and at
auction 361 bags were sold; good ordinary at 555, low
53s 6d to 545, and damaged 50s to 535. Plautation
met with attention, and the private operations were at
full terms. At auction 107 casks were sold ;
good 66s to 70s, middling 63s to 655, low middling 61s
to 62s 6d, fine and fine ordinary 58s to 60s 6d, and low
to fair triage 48s to 565. Of Mocha and Mysore 900
bags sold; fine 70s to 75s 6d, said and good 60s to 68s
6d, inferior 58s to 595, and low 39a to 43s 63; 504 bags
St. Domingo in part found buyers at 48s 6d to 49s 6d fur
good and pale, and damaged 44s to 48s per cwt.
TEA.—To-day the market for Black and Green Tea
presented a dull aspect. Of 11,000 packages offered at
public sale, the small proportion of only 1.200 found
buyers, in some cases rather under former terms; fair
Congou with all faults sold at is -jd to is per lb.
RICE.—To-day East India Rice met with little atten-
tion, and rather lower rates were taken. Ot 4,611 bags
Madras at public sale, not above half sold, fine pinkey
white at 9s 6d, mid and good 8s 6d to 9s, low 8s to
8s 6d, and damaged 4s to 8s 6d, but chiefly at 8s 6d to 93
for sound; 960 bags Bengal all sold at 103 6d tc Ils for
good white, and damaged 5s to 9s 6d per cwt.
SPIRITS.—There has not been much doing in East
India Rum, yet holders are firm, and will not sell under
Is 5d per gallon proof, as the quantity in first hands is
limited. Leeward Island has been opened in with caution
at is 51c1 to is 61c1 proaf, but there are several buyers at
a slight reduction. Prices do not advance for Jamaica.
Since this day week the sales are 300 runs, mid quality
33 to 35 per cent over proof at 2s 8d to 2s 10d, 34 to 36
over good to fine Os to 3s 6d, and superior 3s 8d to 4s
4d per gallon. In Demerara operations have be en small
at 2s ld to to 2s 4d for 30 to 40 per cent oyes proof.
The Government contract for 50,000 gallons has been
taken at is 4-7,- per gallon proof strength. Brandy 1,
has been operated in with more freedom, and
prices are firm, Cognac best brands of the yin-
rage of 1847 at 53 id to 5s 2d, 1848 ditto 4s 9d to 4s
11 d, 1848 ditto 4s 8d to 4s lOd, and inferior sorts 3s to
4s 6d, For Geneva the value is la 7d for common, and
fiae is 9d to 2s. British made spirit is offered at 9s 5d
proof, and only a limited demand prevails.
FRUIT.—To-day at auction 453 pkgs Patras Currants
sold at 42s to 445; 79 pkgs Muscatel Raisins 75s to 82s,
and damaged 45s to 49 per cwt.
E.PICES.—To day Pimento was lees in demand, and
prices declined kd to id per lb. Of 400 bags at auction,
a part only sold, mid and good 64d to aid, low and good
ord s)al to 61d. Of long Pepper 58 bags were taken in
at 38s. 430 bags Bengal Ginger at 193 6d for good ex-
port sort. 7 cases Nutmegs, low wormy Is 4d to is Bd.
82 bags white Pepper 64d to 73, but two lots sold at 7id
for middling. Of Bourbon Cloves 48 bags realized 6d
to 7d, and damaged at Sid to 6-4-d per lb; and 14 bags of
Penang Pepper at 3d for ordinary.
SALTPETRE.—Tra, limited business concluded in
Rough has been at rather lower rates by private treaty,
and there is a more plentiful supply at market. At
auction 1,910 bags Calcutta were mostly taken in at 27s
to 27s 6d for 8 to 8:1 per cent refraction, but a few lots
sold at 26a 6i to 27s for II to I la. 24 ditto 28s, and
350 bags Madras at 22s 61 to 27s for 54 per cant. Bri-
tish Refined is quoted 30s to 30s 6.1, but not much has
been done. Nitrate ci Soda has met with a fair sale,
and the market his firm at from 14s 3d to 14s 6d
COCHINEAL.—Previous rates are demanded, but all

parties have operated with caution, and the stock ex-
ceeds that of last year by 3,000 bags. At auction 200
bgs Honduras were only in pert disposed of, ord and
mid Silvers 3s lld to 4s 2d, mid and good blacks 4s 4d
to 4s 10di 20 bags other sorts were sold, Lima at 3s 9d
to 4s 4d, Java 3s 6d to 4s 20, and Mexican blacks 4s ld
to 4s 2d per lb.
TURPENTINE.—AIthough there are sEllers of British

Refined at 29s 64 to 30s, and American at 31s per cwt;
yet operations have been upon a small sca'e. For rough
holders ask 7s to 7s 3d, but not much has been done.
Prices are on the advance for Tar; Stockholm selling at
20s; and Archangel 18s 6d to 19s per brl.
INDIGO.—There continues to be a good demand for
East India for all purposes, and the rates obtained are
2d to 4d per lb. above the last quarterly sale at which
the market is firm. Spanish is wanted, and the parcels
sold privately were at stiffer rates.
TALLOW.—OnIy limited transactions have taken place
in Russian on the spot since our last repart, and as the
stock is increasing there is a desire on the part of im-
porters to sell fine yellow Candle at 381 3d to 38s
63, and old 37s 9d to 38s per cwt. For delivery up to the
close of the year prices ruled at 37.9 d to 38s for new and
at 38s 93 tu 39s for Janunary and February; but there are
still few buyers. Home melted has been only in moderate
request, and is freely offered at 38s to 38s 6d Nett Cash
for present delivery. Of other sorts of Tallow the supply
still exceeds the demand; and prices are receding. At
auction 1,000 casks Sydney only in part sold at from 35s
to 31ls 3d ; 1,100 pkgs South American 34s 6d to 38s
6d ; and 43 casks East India at 35s 61 to 33s 6d. For
auction 1,200 pkgs are declared.
OlLS,—There has been less doing in Cocoa Nut,
and prices are not supported, the supply being bet-
ter. Of 148 casks at auction, a small part only sold
at 29s 6,1 to 293 9d for fine, and other sorts
25s to 28s 6d. Cocoa Nut is dull of sale, and
prices are on the decline. At auction a part only
of 132 casks found buyers at 28s to 38s. Linseed
Oil has been purchased with caution on the spot for all
purposes, and the rates acceded to are 32s 3d to 32s 6d;
for for'svard delivery, however, a good deal has been
done at 32s 6d to 32s 9d; and there are not free sel.
lers. The production of Oil does not much exceed
consumption. There yet exists a good demand
for Olive, and holders have confidence; Gallipoli and
Spanish realise 441 to 451, and other descriptions 421 10s
to 43/ lOs per ton. Cod Oil is held. for 391 to 40/;
at these high rates, however, dealers are not mach dis-
posed to operate. In Seal sales have been upon a
limited scale; still holders are firm, and obtain for Pale
381 to 391; straw, yellow and brown 34/ 103 to 371 10s.

Southern is yet in small supply, and there are
several buyers at from 341 to 37/ for common and
fine quality. A good demand exists for Sperm, and
861 to 87 is the value of fine; there is also only a limited
amount on offer. Headssatter has been selling at 901 to
931 per tun. Rape Seed Oil is not much wanted, and
more desire is evinced to sell brown at 36s 6d to 36s 9d,
Pale 37s to 37s 9d, and Foreign 38s to 38s 3doper cwt.

EPSOM RACES.

(THIS DAY.)
(Continued from our Afternoon Edition.)

Welter Stakes.

2Egis ... ... • • ... ... ... ... 1
Magician ... ... . ... ... 2
Jessie ... ... ... ... . • ••• ••• 3
Won by half a neck.

THE NICARAGUA ROUTE.
Regarding the opening up of the Nicaragua route,
the intelligence on this occasion is very favourable.
It appears that a large proportion of the return pas-
sengers from San Francisco had refused to take pas-
sage in any steamer that would not agree to land
them in Nicaragua, and the report of those who have
since crossed that part of Central America, although
no preparations had been made for them, is calculated
to increase the desire to adopt it. The New York
Herald, after the arrival of the last mail, stated as
follows:

" Many of the passengers by the Crescent City yes-
terday came by the Nicaragua route. The steamers
Northerner and Republio touched at Realejo, on the
Pacific, and landed nearly 200 passengers. The first
hundred miles towards the Atlantic were travelled upon
mules; then the lake was navigated in bungoes, or flat
boats, which were also used for the descent of the river San
Juan. The boat navigation extended about 200 miles . This
route is described as a very interesting one, and the cli-
mate is particularly mentioned as being very favour-
able to health. At present, of course, the journey is tedious,
from the want of facilities, though a steamer was at the
Machuca falls, on the San Juan, about to be used for the
benefit of pilgrims. The Orus was at the mouth of the
Colorado. When the enterprise of the Yankee has
fairly seized on the difficulties there presented, the lines
of emigrasts will fall in pleasant places. About 200
passengers still remained at Realejo when the expedition
left. They will come on so as to take the next British
steamer for San Juan or Greytown."
It will be observed from the above that the two
steamers of the Canal Company were preparing for
active service. The Orus (or N icaragua, as it is now
n imed) had safely reached the San Juan river,
where it runs into the Colorado, and was waiting
for coals. She was then to proceed to the Lake, for
which service she was purchased, and for which she
is said to be well adapted. The small boat, the Di-
rector, had gone up the San Juan as far as the
rapids of Castello Viejo, but as her power (20 horses)
was not sufficient to ascend them until the water was
higher, she was to be replaced in that part of the
line by another of 40 tons. She had, however,
ascended the previous rapids without difficulty.
With regard especially to the prospects of the
canal some further favourable facts are said to have
transpired. It seems that several months back a
New York firm connected wish one of the lines of
California steamers took the precaution of sending a
competent person to examine every part of the route,
with the view to ascertain if it would be desirable
that their steamers should touch at the points con-
nected with it. He has now returned, and the sub-
stance of his report is said to be that the river
route is perfectly practicable for the immediate pur-
poses of passenger traffic ; while, with regard to the
canal, he represents that he has found a passage from
the Lake to San Juan del Sur, on the Pacific, in which
there - is little or no elevation to be over-
come, and the great advantage of which causes him
to recommend that port as the pacific outlet.

TUESDAY EVENING, NOVEMBER 6, 1850.

Should this statement prove correct (and the party
by whom it is made, although not an engineer, says
that his personal observations were of a character to
warrant him in making it with confidence), it would
much ;reduce the estimates of costs hitherto put for-
ward. Mearivthile, the engineers of the company
were proceeding with their general survey. They
had commenced with the Salinas-bay route, and upon
its completion would examine this new route.

LAW INTELLIGENCE.
COURT OF COMMON FLEAS, Nor;. 4.

;Si!tingA in Banco, before Lord Chief Justice JEnvis,
and Justices MAULE, WILLIAMS, and TALFOURD.)

DOE DEM. BAINBRIDGE V. BAINBRIGGE.

This was an action of ejectment to try the right to
large (states in the county of Stafford, and the question
turned upon whether Thomas Bainbrigge, the testator,
was in his right mind, and capable of transacting busi-
ness at the time of the execution of a certain testamen-
tary paper; but in addition to this it was charged that
if the testator was in his right mind, then that his signa-
ture bad been obtained by fraud. The case came on for
trial before Lord Campbell at the last assizes for Staf-
ford, where a verdict was returned for the lessee of the
plaintiff.
Mr. KEATING, Q.C., now moved the Court for a rule
calling upon the lessor of the plaintiff to show cause
why the verdict found should not be set aside and a
new trial had, upon the ground that the jury had de-
cided against the weight of evidence. The Learned
Counsel stated that the matter arose upon an issue
directed by the Court of Chancery, and that the pro-
perty- involved was of the value of 3,0001. a year. The
principal question was, whether a will made in the year
1818 was executed by the testator whilst he was in a
proper state of mind to do so. The testator came into
possession of the property in question upon the decease
of his father in 1798. During his father's lifetime it ap-
peared that he had formed an improper intimacy with
the housekeeper, which resulted in the birth of a daugh-
ter, who was called Elizabeth Bainbrigge, and of
whom be became so fond that he cut off the entail of his
estate and diviced the property to her. In 1808 Eliza-
beth Brainbrigge was eighteen years of age, and about
that time she became improperly connected with a
coachman, and had a daughter, named Mary Ann. This
conduct enraged the testator, and in consequence he al-
tered the cisposition of his property, giving to Eliza-
beth only a small provision, and to her daughter Mary
Ann the bulk of the property for life, and he kept her in
his house. Notwithstanding what had happened, Eliza-
beth became again pregnant, the person connected with
her this time being a young man named Arnold, the
son of a tenant on the Estate, and who afterwards mar-
ried her. On the part of the plaintiff a great deal of
evidence was produced at the trial, to show that the tes-
tator was not in a sound state of mind ; and, among
other things, it was sworn that he had been seen with a
slaughtered hillock on the top of his carriage, and
that he had made
.a pig drunk by putting gin into its
victuals, and said it was not fit to eat when killed, for it
had the gout. He had also run a horse at the Derby
races, which horse was unfit in every respect for run-
ning, and was ridden by a man not dressed as a jockey,
but who was in his shirt-sleeves. This trans-
action, however, it was contended, was not
very material to the issue, inasmuch as it occurred as
early las 1841, and before the execution of the codicil,
which, according to the plaintiff's case, was properly
executed. The testator was also stated to have fallen
out with the jockey who rude the horse, and refused to
pay him, upon the ground that he had not complied with
his directions, those directions being "to get first and
keep first." The testator, beyond all doubt, was a moat
eccentric man, and behaved in a most extraordinary
moaner, but not in such a way, it was submitted, 23 to
warrant the conclusion that he was mad. Ile was a most
violent temper, and upon all occasions swore fearfully,
and he drank to an enormous extent. His dress also
was remarkable, and had the slit ct of attracting the at-
tention of boys in the street, one pert of it lyiug a hat
crushed and broken, out of all shape, and his feet dif-
fered from each other in the style in which they were
clad, one of them being covered with a Wellington and
the other by a shoe and a gaiter. One r. iteess stated
that he had seen the testator in his carriage, which
was in a deplorable state, with harness to match ;
and the driver was suited to the equipage, he having
on a smock frock and a hat bound widn a hayband.
Another fact stated by the Solicitor-General at the
trial, in support of the testator's insanity, was,
that he had sentenced horses to transportation,
end undoubtedly he had shut one up in the stable, but
this occurred before the execution of the codicil of 1815.
An auctioneer was celled, who stated that he had dined
with tho testator in 1817, when he was suffering an at-
' tack of the gout. On this occasion the testator ordered
a labouring man, who was in attendance upon him, to
bring in a bottle of porter, which he (the testator) en-
deavoured to open, when the auctioneer, who was behind
him, made a noise with his mouth, and the testator then
told his servant to take the bottle away and open it, for
the devil was in it. The servant, by some mistake,
dropped the bottle on hi; master's gouty toe, who ex-
claimed, "You have killed your master, and I subeceaa
all persons here to go to Stafford against you." Subse-
quently to this the servant dropped the saltcellar, and
then the testator flung a knife at him. On oee occasion
during a fit of the gout, he had asked a witness if he
had ever seen the devil, and upon receiving the reply
" Never," he said he had been with him all night; but it
was submitted by the Learned Council that evidently
all that was meant was that he had been suffering pa-
roxysms of the gout, and his allusion was not to the
devil, as that personage was originally spoken of,
but of the devil which had been tormenting
him. He thought this was nearly all the evi-
dence brought to prove insanity, with the exception of
this, that the little girl, Mary Ann, being at the time
about eight or ten years of age, was sworn to have used
the most disgusting language, to have acted with most
precocious depravity, and to 7.ave conducted herself in
contempt of all the rules of decency. The way in which
this was used was this. It was submitted to the jury
that the testator could not have been sane, or he would
not have permitted such conduct, but there was great
difference between witnesses upon a material point bear-
ing upon this, fur although some of them said that the
disgusting conduct was exhibited in the presence of the
testator, others stated that the child was exceedingly
careful to keep her bad actions from his cognizance.
There was no doubt that the testator was eccentric, but
how did it happen if he was mad, that his relative took
no steps to protect the property, for here was an estate
of 3,0001. a year, and it was not often that a man pos-
sessed of an estate of that value went mad without some
of his relations interfering. In opposition to this case,
the counsel for the defendant (Mr. Keating) got up to
speak at nine o'clock at night, the plaintiff's case having
occupied the whole day, and requested that the trial
should be postponed until the next day. His Lordship,
who was expected on the following day (Saturday), to
sit at Shrewsbury, was compelled by his public duty to
request the Learned Counsel to proceed, and the result
was, that the Learned Counsel was obliged to address the
jury at that late hour, and did not conclude his speech
until nearly one in the morning.
Mr. Justice MAULE—Probably you were the only
person in court who was net fatigued.—(Laughter.)
Mr. KEATING could answer for the jury being fatigued.
When he commenced a fresh paragraph in his speech,
he saw despair marked upon their countenances—
(Laughter)—hut he would do them the justice to say
that they did everything which men could do to keep
awake. Their Lordships, however, knew that human
endurance had its limits, and could fancy in what sort of
a state the jury were to comprehend such a dry case as
he had to lay before them. On the next day the evi-
dence of the defendant was produced. In the course of
the case, a great number of documents were produced,
and, among other things, the correspondence of the tes-
tator, and that showed that his mind was perfectly sound.
There were also books, in which he had made entries;
and although the Solicitor-General was allowed to take
those books home to his lodgings, and examine them, yet
he did not venture to comment upon a single entry in
them; a strong proof that everything there was perfectly
correct. A great number of witnesses—tenants upon the
estate, with whom the testator had entered into con-
tracts, and tax-gatherers and collectors to whom he had
paid money, were produced, and they were all of
opinion that he was sane. There was also a deposi-
tion by Dr. Greaves, a brother magistrate of the testa-
tor, who believed him sane, but he would not speak much
as to the time shortly before the testator's death, in
1818, not having visited him, in consequence of his
having been offended with Dr. Greaves for not having
punished a servant of the testator who had misbehaved
himself with sufficient severity. The trial "dragged its
slow length along" until Tuesday morning at half-past
two o'clock, when it was finished, and be put it to their
Lordships to say, whether they thought that under
these circumstances the case had been properly tried, and
whether in a cause in which such a large sum, and such
serious charges were involved, they would not grant a
new trial. One matter which had great weight with the
jury, was a deposition of a person who attended upon the
testator in his last illness, which deposition had been
made by her just previous to and in anticipation of death,
Ind she stated that at the time of the execution of one
-of the testamentary papers, the testator was incapable
of knowing what he was about. There was one circum-
stance, however, about this deposition, and that was,
that it was made thirty years after the event took place,
when the memory could not be so perfect, and that the
statements made were contradicted by numerous wit-
nesses. Then there was a statement by General Baiu-
brigge of what he thought took place upon the
reading of the will, which, giving that gallant
officer every credit for sincerity, was manifestly
incorrect. The gallant general said that at the reading
of the will after the funeral, Mr. Blair endeavoured to
keep him as much in front as possible, so that he should
not set) the document, but that being too old a soldier
to be taken in that way he had gone behind and looked
over Mr. Blair's shoulder. That Mr. Blair then turned
his shoulder so as to keep the will out of sight; but that
he again shifted his position, and then had a full view of
the will, and saw that there were several blanks and
pencil marks in it. He said, also, that he then beckoned
to his cousin, who came and BOW it in that state also.
But what was unaccountable was, that neither the Ge-
neral nor his cousin ever said a word about it; that the
former went abroad, and the latter died; and that it was
not till ten years afterwards, upon his return from
India, that he bethought himself of it, and then upon
going to Doctors' Commons to see the will, he fancied it
had been altered, and, as he expressed it, that it looked
as if some leaves had been aubstitnted. But if
their Lordships would grant the rule the will should be
produced for their inspection; and it should be remem-
bered that Mr. Rushton, who was then clerk to Mr.
Blair, but was now a solicitor practising for himself,
swore that he copied the will for execution from Mr.
Blair's draft, and that it was now in precisely the same
state as when he copied it. The omission of Mrs. James's
name in the last will was much commented on, but after
all it was a small circumstance to weigh against positive
evidence. It appeared that old Arnold died in the latter
end of 1817, and as the enmity was between him and the
testator, after Arnold's death Mr. Bainbrigge sent for
the son, and said to to him, "Though I have drawn the
sword I wca't say that I shell never sheath it;" and
again, " I may do something f)r your family, but you
shall never have any of my money." Now, this was
sworn to, not only by Arnold, but by three disinterested
witnesses, who were present at these interviews and
heard the testator make use of these and the like ex-
pressions.
Mr. Justice MAULE—Did the Chief Justice intimate
any opinion as to the state of the testator's Mind?

AMERICAN ARCTIC EXPEDITION
The following dispatch has been received by the
Navy department of the United States from Lieut.
E. J. De Haven, commanding the expedition in search
of Sir John Franklin :
" United States brig Advance, off Pert Leopold,
Aug. 22, 1850.
" Sir,—l have the honour to acquaint you with the
proceedings of the squadron under my command since
leaving the Whale Fish Islands, whence my last dispatch
was dated.
" We sailed on the 29th June, but owing to calms and
very light winds we did not reach the latitude of Upper-
navick till the 6th of July. Up to this place no obstruc-
tion from ice was met. with. We found a clear passage
of from ten to twenty miles in width between the laud
and the 'pack.' The latter has sighted daily, and had
the appearance of being impenetrable.
" To the northward of Uppernavick many streams of
fine ice were found extending from the main pack close
in to the land. Through these, with a fair wind, we
found little difficulty in forcing our way until we ap-
proached Baffin's Islands, in the latitude of 74 degrees.
Here the ice appea' el so close and continuous along the
land that our progress in that direction was arrested.
At the same time a clear and wide opening presentee
itself, leading to the west. We had a lair wind to enter
it, and ig was so directly in our course for Lancaster
Sound that I could not resist the temptation, particularly
as the passage looked to be almost hopeless by the usual
northern route through Melville Bay.
" For several hour. our hopes of a speedy and direct
passage appeared to be confirmed, but after a run of 40
miles ice was ahead and in a continuous line. We had
but entered a deep bight in the main pack.
"To return to the eastward, whence we came, would
perhaps have cost us days, with the uncertainty of being
able to get along even then. Besides, of the onl,y three
accounts of attempts to make the passage through the
pack in about this latitude, two were eminently success-
ful. The third did not succeed so well.
" In view of these Lets, I thought it advisable to enter
the pack and endeavour to push through it, in a direct
line, for the theatre of our researches.
" We accordingly did so, and for several days suc-
ceeded in making some headway, until at last the ice be-
came so tight and immovable that it becamgimpossible
either to advance or retreat. In this hopeless condition
we remained until the 29th of July, when, by a sudden
movement of the floes, an opening presented itself 1.) the
north. A south-east wind springing up at the same time
we availed ourselves of it, and, with a press of sail, suc-
ceeded iu forcing our way into clear water.
" On the following day we were brought up again by
the ice, having made a run of more than sixty mike.
The wind by this time had freshened to a gale, which,
together with a thick fog, made our position not a little
embarrassing. The vessels were placed in as secure a
position as could be found, notwithstanding which they
were in imminent danger from the heavy masses of ice
driven before the gale, which pressed upon them. They
withstood the shock, though, bravely. The danger was
over on the gale abating.
" We were now in latitude 75 deg., longitude 60 deg.,
in the usual Melville Bay route. It did not appear
much more favourable than the middle one, whence we
had just escaped. However, by keeping along the edge
of the land ice (which bad no appearance of having
moved this season, and extended full thirty miles from
the shore), we were enabled to avail ourselves of occa-
sional narrow openings, which appeared with the changes
of the wind, so :hat, with the aid of warps during cella
weather, we succeeded in reaching Cape Yorke on the
15th inst.
" Between Cape Yorke and Cape Dudley Diggs we
had open water, but were delayed by calms. We took
advantage of the delay, and hauled the vessels into the
shore at the Crimson Cliffs of Beverley, where we filled
up our casks from a mountain stream. Those cliffs aro
so named from the red snow on them, specimens of which
were obtained.
"A few miles to the east of Cape Yorke two Esqui-
maux were met with. The only thing we could under-
stand them to say was, that more of their people were
living not very far distant.
" On the 18th we got a fair wind, and, passing Cape
Dudley Diggs, shaped our course for the western side
of Baffle's Bay. The ' pack' was soon met with, but it
was in streams, and very loose, so that little obstruction
was found from it. On the morning of the 19th we
cleared it entirely, and a decided swell of the sea indi-
cated that we had reached the north waters.'
" The same day we fell in with the squadron of two
vessels under Captain Penny. They had bees unsuc-
cessful in their efforts to enter Jones's Sound. They
were now bound in the same direction as ourselves.
" On the evening of the 19th wo entered the Sound,
but a violent gale came on from the eastward, accompa-
nied by a thick fog and a heavy sea, which compelled us
to heave to. During the gale we parted company from
the Rescue.
" The following day the wind moderated, but the
weather still continued thick and foggy. We spent the
most of it in searching for our consort, without success,
when, loth to lose so good a wind, we bore up for the
westward.
" On the morning of the 21st the foc, cleared off, and
we found ourselves off Cape Crawford,' on the southern
side of the Sound. At the same time a sail was seen,
which I hoped might be the Rescue, but it proved to be
the schooner Felix, Captain Sir John Roes.
"From him we learn that Commodore Austin was at
Pond's Bay with two of his vessels, seeking for informa-
tion, while the other two had been dispatched to exa-
mine the north shore of the Sound. We also learned
that the North Star might be looked for at Port Leo-
pold. At that place I resolved to touch (as well to gain
information as to send dispatches home), previous to
repairing to Wellington Straits, the appointed place of
rendezvous with our consort.
" I am happy to inform you that the officers and men
of both vessels are perhaps In better health than they
were on leaving New Yurk, and they are now possessed
with a spirit which I think argues well for the success
of our enterprise.
" Very respectfully, &c.,
" EDWIN J. DE HAVEN,
" Lieutenant Commanding Arctic Expedition.
" To the Hon. Secretary of the Navy, Washington.

STEAM COMMUNICATION WITH

INDIES.
The followinTgilcohrreWs ;a; extracted from-- the
Halifax Journal of the 14th inst. :
Halifax, Sept. 13, 1850.
May it please your Lordship,—We the subscribers,
merchant shipowners, and
others
of Halifax (Nova
Scotia), beg leave to represent to your Lordship the
great inconvenience to which the inhabitants of this
province, together with the Canadas, New Bruns-
wick, and Prince Edward Island, are subjected by
the change in the route of the West India
steamers,
recently sanctioned by her Majesty's
Government,
whereby the communication
between them and the
West India Islands a Bermuda, has been entirely
cut off, and no authorised channel provided for trans-
mitting their correspondence except the protracted,
circuitous, and expensive route via the United King-
dom, pointing out in the accompanying notice, issued
by the Postmaster-General, which vvill at once make
your Lordship aware of the injurious consequences of
this change to the commercial interests of the British
North American provinces.
Believing that it could not have been the intention
of her Majesty's Government, in sanctioning the pre-
sent arrangement, to leave the inhabitants of these
provinces thus virtually dependent on the uncertain
departure of merchant vessels for the transmission of
their letters, we beg leave to suggest the establish-
ment of a mail communication by steamers between
Jamaica and St. Thomas, and Bermuda, to connect
with that now existing between Bermuda and this
port, in order that the postal facilities heretofore en-
joyed may be restored.
Your Lordship's knowledge of the public interest
involved in the re-establishment of this communica-
tion, as well as the desire you have manifested to
promote the commercial interests and develope the
varied natural resources of the different possessions of '
her Majesty within your command assure us that your
Lordship's influence will not be wanting, and we
therefore most humbly and earnestly beg that your
Lordship will be pleased to urge upon the Lords of
the Admiralty the adoption of the suggestions now
respectfully submitted, or that some other arrange.
ments equally or more convenient may be made to
secure an object of so much importance as a regular
and direct transit of the correspondence between these
colonies and the British West Indies.
We have the honour to be,
Your Lordship's most obedient, humble servants,
Signed by all the principal merchants of Halifax.
To Lord Dundonald, Vice-Admiral,
Commander-in-Chief.

Wellesley, at Halifax, Sept. 23, 1850
Gentlemen,—
Having read with interest and atten-
tion your very convincing representation of the con-
sequences to the commercial interest of these pro-
vinces as connected with their trade to the West
Indies by the withdrawal of the
.Royal mail steam-
packets from Bermuda, it will afford m. e great plea-
sure to convey to the Lords Commissioners of the
Admiralty your sentiments, in confirmation of the
representations which I have already transmitted
from the House of Assembly at Bermuda, and of the
opinion I had previously given of the injurious re-
sults of that measure. I beg to assure you that I
sensibly feel the compliment you are pleased to pay
me by expressions cf your opinion that I desire to pro-
mote the commercial interests and develope the na-
tural maritime resources of the different possessions
of her Majesty within the sphere of my command,
and that it will especially gratify me to be the means
of contributing in any way to the advancement of the
welfare of this most interesting province.
I have the hunuur to be, Gentlemen,
Your obedient servant,
DUNDONALD, Vice-Admiral,
Commander-in-Chief.
Messrs. W. Pryor and Sons, and the Merchants,
Shipowners, &c., Halifax.

Mr. BEATING—NO, my Lord. He left the case to
the jury as a whole, and did not put the points sepa-
rately.
Mr. Justice MAULS—Then three of the jury might
have found for the plaintiff because they thought the
testator was insane, anti nine bnakise there was a con-
spiracy.
Mr. IDEATING—Lord Campbell did not give any
opinion on the testator's sanity, but he dwelt much on
his debility and incompetency from illness. He strongly
advised them to look at the ease as a whole.
Mr. Justice MAULE—It the Chief Justice had left
the issue in separate questions to the jury he must have
given them the option of answering them. They might
not have been unanimous as to either of the questions,
and yet be unanimous in finding for the plaintiff.
Mr. KEATING was proceeding, when, after a brief
deliberation,

The LORD CHIEF JUSTICE said—You may take a rule.
Rul© nisi granted.

COURT OF EXCHEQUER, Nov. 4.
(Sittings in Itliddlezem at Nisi Prins, in Michaelmas
Term, before Mr. Baron PLATT and Common Juries.)
The first sittings at Nisi Prius for the present term
were commenced this morning.

The cause-list contains onecasa less than at the cor-
responding sitting; of lait year.

SEDUCTION.-FOSTER V. HOWARD.

This was an action to recover dumuges for the loss of
services sustained by the plaintiff by means uf the seduc-
tion cf his daughter by the defendant.
Mr. M. Chambers, with Mr. Lush, appeared for the
plaintiff ; and Mr. Sergeant Wilkins was retained for
the defendant. _

It appeared from the evidence of Mary Ann Foster,
the plaintiff's daughter, that she is now about seventeen
years of age, and is one of eight children. Her father
is a brickmaker at Barnet, and the defendant, also oc-
cupied in the same business, liven at Hadleigh. They
were both en intimate terms, and the de:endent, was in
the habit of visiting the plaintiff at his house. The de-
fendant, who is about forty years of age, is a married
man, and the father of four children. The witness had
known him about three months, when he went to her
father's house in the course of last year, and obtained
permission from her parents for her to go and live at
his house and keep his wife company. On the last day
of September, 1849, the de:endant fetched her away in a
gig in the evening. Passing through the village of Bar-
net, he asked her to go into the Salisbury Arms, to take a
glass of wine, which she refused to do. They then drove
on, and it appeared that the defendant purposely went
out of the proper road. It was then quite dark, and
after they had proceceded some way he took some im-
proper liberties with her. The girl threatened to leave
him and return home. He then desisted, and drove her
straight to his house. She was accommodated with a
sleeping-room immediately under the apartment occu-
pied by the defendant and his wife. About fourteen days
after she had been in the house the defendant one morn-
ing entered her room between five and six o'clock, for
the purpose of removing some gig cushions. She was
then asleep, and when she awoke he was sitting on the
side of the bed. He asked her• to accompany him to
London, and go to the play, but she &dined to de so.
He then began to wrestle with her, and she threatened
to tell Mrs. Howard, and got nut of bed, and went to-
wards the door, ageinst which the defendant placed
himself. After some parley the defendant threw her on
the bed and effected his purpose. The witness said
nothing of this treatment to any one, and in about ten
clays Deter the defendant again entered the room about
the same time in the morning, and repeated the
act. On that occasion he asked her to accompany
him to London, and offered to purchase her a gold
watch and a satin dress, all of which she declintd. She
soon after returned to her father's house, and the de-
fendant came there and requested her to go back, but
she declined to do so, and her mother said she need not
do so if she did not like to go. She said nothing of the
treatment she had received to any one, until it was dis-
covered that she was in the family-way, that was i❑ the
month of March, and on the 12th of July following she
gave birth to a child. It appeared from her statement
that her father, the plaintiff, was so deeply incensed at
her conduct that he had not spoken to her.
The girl was closely cross-examined by Mr. Sergeant
Weewews, but nothing material was elicited except the
clear establishment of the fact that she had net called out
or made any effective resistance when the defendant at-
tempted to seduce her on the first occasion, or when he
repeated the act ten days thereafter. The window of
the apartment looked into the stable-yard, where the
defendant's man was at work, and Mrs. Howard was in
the room immediately above them. Nor had she made
any statement of the treatment she received to a single
person. She had an opportunity of returning to her
father's house by the coach which passed daily, but did
not avail herself of it. She denied that she had any im-
proper connexion with any other men, and in answer to
a question from the Learned Sergeant, expressly denied
that she had ever kissed the defendant while at break-
fast, or given his little son a piece of money to procure
his silence.
The plaintiff's foresee an was called to prove a conver-
sation he had overheard between the defendant and the
plaintiff and his wife. Mr. Foster said, " On, Howard!
you have ruined my daughter." To which the latter
made no reply. When the plaintiff entered the room, he
said, "You scoundrel, how could you treat me thus?
You have ruined my daughter." The defendant replied,
"Itis a bad job. Let us settle it as well as we can. I
would not that it had happened for a thousand pounds.
What will my poor wife say?" The plaintiff rejoined,
" What will my poor daughter say?"
Mr. M•Pherson, the landlord of the Woodman, at
Barnet, as a friend of the family, had seen the defendant,
and deposed to a conversation iu which the latter ex-
pressed his willingness to pay all the expenses, and make
a weekly allowance for the support of the child.
The surgeon, who had attended the girl in her conEne-
ment, stated the cost at from 8/. to 9/.
These witnesses all concurred in stating that the
plaintiff was very strict iu the government of his family,
and that his daughter, prior to the occurrence referred.
to, was a prudent, modest, well•conducted young woman
The seduction had deeply affected the father, who ap-
peared much depressed and seemingly heart-broken.
This was the case for the plaintiff.
Mr. Sergeant WILKINS now addressed the jury for
the defendant, in an eloquent speech, and contended
that all the circumstances of the case went to show that
the plaintiff's daughter must have been a consenting
party to the intercourse; for she not only had not
screamed out, or raised any alarm in the house, which
shp might have done upon being awakened by the
liberties the defendant was taking with her on the first
occasion. The defendant's wife was in the house; the
other members of his family as Hell too as the servants
of the house, all of whom she had had it in her power
to arouse by a scream. But she had not screamed.
Might it not, then, be inferred that she had been a con-
senting party to the intercourse ? Again, how was it
that she had remained in the house for some time after-
wards, and without mentioning what had occurred ?
Then, how had it happened that after her return home
she had been altogether silent upon the subject, until
when, at the expiration of several months, the alteration
of her personal appearance had opened the eyes of her
parents to the fact? In what way was this silence to
be accounted for, otherwise than that she had
herself been a consenting party ? Had that
not been so, he was prepared to contend that
the connexion never could have been effected
so long as the girl had retained her strength for resist-
ance. And this position he took up upon the authority
of all the leading German and French surgical sages,
who had laid it down as a well ascertained fact that no
woman could be ravished whilst her powers of resist-
anee lasted. Four months had elapsed between the
perfection of the intercourse and the girl mentioning
the affair to anybody, and even then there was no evi-
dence to show that she would have said anything upon
the subject had not her external appearance led to an
inquiry. So much for the girl herself. And now he
came to the etnestion as to what was the amount of
loss of service which the father had sustained. He
submitted that no loss had been proved. Her character,
her chastity, her reputation, his Learned Friend had
said, were gone, were lost, and he had added that she
was pure, spotless, and innocent. Was she? No. Then
should he treat this as a simple case of bastardy where
the reputed father had offered, rather than the matter
should come within the knowledge of his wife and
family, to pay all the expenses and to make the girl a
weekly allowance. The acceptance of that offer, he was
of opinion, would have been a wise course. In con-
clusion, the Learned Sergeant submitted that whilst
there had been no corroboration of the girl's statement,
so there bad been no evidence of any loss of her
services having been sustained by the plaintiff, her
father.

Mr. Boron PLATT, in leaving the case to the jury,
said that this was one of the most painful class of cases
which came within the notice of a court of justice. It
was that where a man who, being a husband and the
father of a family, had taken to his house the youthful
daughter of a friend and had seduced her. But there were
features in the case which led to the conclusion that she
had not behaved in so satisfactory a manner as she
ought to have done. She had not only not given any
alarm at the time of the commission of the offence, but
she had even submitted to a second act of sexual inter-
course, and allowed some months to elapse without hav-
ing made any complaint, or giving her own family an
intimation of the treatment she had received at the hands
of one of that family's friends. The jury would look at
all the circumstances of the case, and say what amount
of damages the plaintiff was entitled to.
The jury retired for a quarter of an hour, and then
returned with a verdict for the plaintiff—Damages, 2001.

SHIP NEWS.
QUARANTINE NOTICE.
Lisbon, Oct. 28.

The Board of Health of the 25th inst. declare that in
consequence of the inefficiency of the Lazaretto at Oporto,
vessels from infected or suspected ports will nut be ad-
mitted in the River Douro, but must proceed to Lisbon
or Vigo to perform the necessary quarantine.

LIVERPOOI„ Nov. 4,—The Uovernor Varty, hence for
Buena Venture, put into Monte Video the 6th of Aug.
leaky, &c., having encountered a severe gale on the 29th
of July. The Alexander Wise, the Tam O'Shanter,
and the Seraph, hence, have arrived at Montreal. The
Mary Sharp and the Mountaineer, hence., have arrived
at Quebec.
GRAVESEND, Nov. 4.

Wind W., strong, cloudy.
Arrived—The Sir Robt,rt Pcel, from Palermo; the
Ant, from Quebec; the, Rapid, from Marseilles; the
Countess of Durham, from Ilavannah; Fyenoord,
from Rotterdam; hP, Suhe, from Antwerp; the Nava-
lino, the Int), the Daniel Brock, the Brilliant, th&Bar-
field Brothers, and the St. Leonard, from Guernsey;
the New Von Pommern, from New York; the Mario,
from Patras; the City of Boulogne, from Boulogne; the
Ceres, from Malta; the Ringer and the Jane Strong, from
Kertch; the Sisters, from Stettin; the Venelia, from
Leghorn; the Rachel, from Rotteram; the Jane, from