The Sun.
London, England, 1826-11-13 00:00:00

MONDAY EVENING, NOVEMBER 1:3, 1826.

VICE-CIIANCELT.OR'S COURT, Nov. 11.

FELLOWES V. LORD GWYDYR.—CORONATION ERECTIONS.
• (Concluded from our Paper of Satarday.)
On the part of Lord. GWydyr, it was prayed that the
Court would dimiss him from the sMt, after directing his
costs to be paid, or, that if the Court shonlil think fit to
order hint to become a party to other proceedings in aCourt
of, Common law, thatit would accompany such order, with
another order, to release him from attendance at the earliest
possible period, and indemnify him from the payment, of
any costs whatever. This would be granted- as matter of
course.—The argument lasted almost the whole day.
Mr. HORNE being about to reply,
-The VicE-CHA'Neui.ofi. said, that under his impression
it would be'quite unnecesSary. Having gone over the
principal facts, and explained the reasons why it became
necessary that proceedingS should be taken in the present
form, in a Court of Equity, his Honoarpbserved, that, the
matter was extremely simple in the form it assumed.. The
contract was clearly admitted on all hands, and the defence
seemed at first to be thus—Mr. Fellowes I have discover-
ed not to be the agent of Lord Gwydyr, but to be dealing
with me on his own account. I believed I was dealing'
with Lord Gwydyr, and this Court cannot compel me to
fulfil a contract with him under the name of. Lord Gwydyr,
when he was, in fact dealing fOr himielf.NoWthis defence
would be no answer to a suit of this kind in a Court of
Eimity, because it could be no answer in a Cant of Com-
mon Sense. It was a matter perfectly immaterial to Mr.
Page with whom lie dealt for the materials, and there
could have been no. difficulty in ascertaining to what ex-
tent he was bound as to good faith : but Mr. Page went
much further, 'for he alleged that he had dealings with the
Noble Lord's father ; and that, if lie had not supposed he
was dealing with the present Lord, he could not for a mo-
ment have entertained the idea of purchasing those fixtures.
He further says, that 'he would not On any account have
treated with Mr. Fellewes;
,and thia, as he had :given up
.
business, nothing. but his respect for that noble family, for
which lie had before been 'employed, could have induced
hiM to' offer the prices he had agreed to give Mr. Fellowes.
Ile also goes still further, and says he was fraudulently de-
cejved into.the bargain, and that several things had been
removed which he suppOeed he had undertaken to buy. ,if
any of these things had been proved in evidence, his Ho-
nour said he would have considered the case to come under
the description of those cited by the defendant's Counsel,
for setting aside the contract; but', in the present case the
vhole of the proof failed to establish the assertions. It was
for thcse reasons he could Mulerstand the 'various inetiveS
ofthe parties : audits there was no evidence to support.
any allegations to the contrary, he felt himself bound to
decree that Mr. Page do pay.up all the difference due upon
the agreement; with all the costs of the present proceedings
not only with respeCt to Mr. Fellowes, but also as far as re-
gards Lord.Gwydyr.
OPAL') hoped his Honour would not fix Mr. Page
with Lord GWydyr's costs.
The VicE-CHANcEi.Lott said, the defendant had im-
properly given occasion to those proceedings in equity,, and
mnst pay all the expences which had been incurred. His
Honour also observed, that he had forgotten to mention it
was his impression that.
,Mr. Page did purchase, in igna,
ranee of the erections belonging to Mr. Fellowes ; but that
fad made no alteration in his view of the circumstances,.

ROLL'S . COURT,. Nov. 1L
His -HONOUR sat at nine o'clock this morning in bin
private-chamber, to hear causes, further directionA, and fn.-
ticiens by consent. There were 40 notices entered on the
paper,. all, Of which his Honour hi& One through ,by ten
o'eloclt. lt would appear, from the facility afforded by his
Hononr in the 'deipatch .of business, 'since hIS recent ap-
pointment to preside in this Courti.that, he is-dkermined
to redeem its character from the Charges of delay ,usually
preferred against it. -;ir John 'Copley •Seeins, 'indeed, in
:thin instance, to be followirounp4he 'pod example sit by
,1143 late predecessor, Lord. Gifford, whose : memory as a
ril 4 nige'ivill be lOng remen'tbered with alfeetion- by the prue-
ti ibners of this Court,' and whose anode of practice; in
ost instances, Sir John Copley appears an;ious to fUllow.

' THR.BIRD OP THE' TOMB.
BY Litton esarrz, AUTHOR, 01' ".?AIWA," &C.
Beneath the chilly Arctic clime,
Where Nattire'reigns severe, sublime,
Enthrou'd Upon, eternal snows,
Or rides the Ivaves on icy floes
White'fieree; tremendous tempests sweep
The bosom, ofthe rolling•deep,
And beating rain, and drifting hail
Swell the wild fury of the gale ;
There is a little hutnble tomb,
Not ileck'dwith sculpture's pageant pride,
Nor labour'd verse, to telll, by. whom •
The 'habitant was pried who died !
No troPhied•''sciitcheOn snacks' the grave—L.
No blazon'd blwn, round it wave—
'Tie but a simple pile of stones,
Rais'il o'er a hapless:Won't bones! •
Perchance a mother's tears have dew'd
Thii depidchre,lo frail anti' rude
A father.mourn'd in accents wild,
His offspring lest—his only child--
Whornight in after-years have spread
A' ray (of honour. round , his .head,
Nor thought, as stone on stone he threw,
His child rwould•meet a Strangorir view.
But, In ! upon it's clay-cold breast,
The Arctic Robiwrais'd its 'nest,
And rear'd its little, fluttering young
Where death in awful quiet slept,
And fearless chirp'd, and gaily sung
Around the babe its parents., wept..
it was the guardian of the. grave, ,
Mada) its ohirpingsretn'd to say :
Tho' nought front death's chill grasp could save,
Tho' nought Could chase his power away—
Ai round this humble spot I wing,
)..1 requiem%lythe
thrilling voice
theice s;:etiliddoaLilliyvesri,ng
A
That bl9ont'd, and
. iyithe in ever'rdy ivw
niean,hour,
And iiroe is, d life
Nouglit but a rose-bud twin LI with rue,
nor shrieking lootn,
Nur stranger's step,
Lall Scare the warbler front the tomb .

* to ly,
Attempt to, reach Repulse Bay," the following
ps.ssage, ou. which the . above verses were. .Written may he met
!"th. 4` Near the large grave Was' 4 third pile of atoms cover-
Ziratl4l 4t?tly of a child, A snow Buotin had found its way
loose stones which composed the little tomb, and its
of the.°crlTlP "'ldly-built nest, was found placed on the neck

Maxi

field )1

him-
at this town for several days, ' and has rendered
~
i :cLgspiELD..--Mr. E. G. Wakeliets OA been
self tolerably conspicuous
in Public. lie Carrie ill ilk OIVII Carriage—an, '
~,
by his . repeated
green one, by-by-by—and vas accompanied bY ",
appearance
French female teacher, and his two children, a boy ann
girl, ill most fantastic costume.
"h. Wakefield seWli. to be in-high health and spirits.
It is said that, on
hearing of his proximity to sbrimev park (only five
miles ofi), the worthy father of Mis:S Turner caused a
strict look out to be kept. I have not heard, however,
that there is any inunediate Jikciihood of a second
" march to Paris."--Sultday Paper.

ARCTIC LAND EXPEDITION.

(From the Dumfries- Courier.)
[We had the happiness, last week, of presenting our
readers with a letter from the very centre of Africa, point-
; ring at, rather than dwelling on, matters of high import to
the friends of science; and this week, we have a still higher
treat in store for them, in the shape of Extracts from an
Original Journal, kept by a learned and valued friend at-
tached to the Arctic . Land Expedition, and forwarded to
us, we may say, from the near neighbourhood of the. North
Pole. We say extracts,----for the Journal in question, as
originally written, was too long for our narrow limits; but
it will be found verbatim in the last Number of the
.7,hon-
fries Ilragazine.l...
Fort Franklin, Great Bear Lake, 6th Feb. 1826.
At New York we were received with much hospitality,
and I may say kindness, by the upper class ofeitixens. We
spent a week'very agreeably with them, after which, we
left New York in a steam-boat, and proceeded up the river
Hudsonto Albany,. landing•by the way at West Point, to
visit the Military. Academy established there on a large
scale. West Point is associated with unpleasant recollec-
tions to an Englishman, as being the position of the Ame-
rican army wheri the tuifortimate but gallant Major Aodre
was taken,.in ..carrying on his negotiations with, General
Arnold. The Hudson is a magnificent river, and much
of:its scenery possesses a grand, nay almost an alpine
character. Albany, the seat of the government of the
state of New York, is a comparatively ancient,' quiet, and
well built town, not disturbed by the commerce which bustles
through the streets of New York. We were entertained
by. the Governor of the State, General De Witt Clinton,
a polished gentleman, of great scientific attainments, and
by Van Rausecter, the proprietor of a county which bears
his name, and in /act a nobleman under the appellation of
Patron (pronounced patroon),,whiell is, I puppose, the
Republican equivalent for Duke. We also made here the
acquaintance of Mr. Celden, a liberalleader of the federal
party. We accompanied the Governor to church, and the
clergymati, a Presbyterian, prayed in. express terms for the
safety and success of the Expedition, •
At Albany we hired three coacheS, with four hinges
each, to convey us to Lewistown, a distance of about, 420
miles. Our party at thiS time consisted of five ORM*
four marines, and Mr:Buchanan, the French Consul, who
came with us front New York, and accompaisied us during
our journey through the United States and tipper Ca-
nada, facilitating our progress greatly 'by his intimate
knowledge of the route, the modes of travelling, and the
manners of the inhabitants. After we had struck off,
however, from thegreat western road to Butfahie; in order
to:go to Lewistown on the Niagara, we found, as might
he expected from the smaller thoroughfares, less accom-
thodation for` so large a part)% We arrived. sit' one of the
smaller inns about midnight, lifter the family had retired
to bed, found the door on the latch, and walked in, but
experienced- 'twine difficulty, as it was a frosty night, in
getting she family to quit their warm beds and:provide us
with supper. -Mr. Buchanan, how/ever, hit upon an expe-
dient which answered admirably. -He sent our Highland
piper into the long paisage leading to the bed-rooms, and
'he had not marched twice aloog It to the tune of" The
Gathering of the Clans," befOre the' landlord,'his wife, and
five or six female attenCiants; hurried :forth. They took all
this in good part, said it was delightful music, cooked
some ham for our supper with their usual expedition, and
spread clean sheets on the beds which they laid left, arid
which, on:ottsuuteriPg Pkern,, we found still warm.
LewistoWn we crossed the Niagara to Queens.
town on the Cumithkhidei, and went about seven miles up
the river to visit the justly celebrated Falls. Many live
endeavoured to describe these Falls, and I think with very
fittlesticcess. 1 shall not make a new attempt, but merely
retratrk, that notwithstanding all. I had read,on the subject
:OM. the various drawings I had seen, the grandeur of the
scene far exceeded my preVious conceptions aft. All' the
other' eatarects which 1 have seen, dwindle, on compa-
rison with this, into insignificance. It is a stupendous
monument of the 'power of the Creator orthe Universe,
who wields: at will an : element ,that mocks the:utmost
,strength of feeble man. Place Xerxes and his satraps in
Chains, or the Mightiest potentate at the head 'of the most
magnificent array: that ever trod the earth, within the cur-
ren of that, powerful :stream, and single minute world
suffie to Sweei them and their cumbrous train to utter
destruction. This neighbourhood is a place of 'summer
resort for the inhabitants of the State of New York, and au
hotel for -their accommodation has been built so as to over-
look the. Falls: • This, with some flights of wooden stairs
to enable the visitors to ascend and. descend the bunks of
the riVer, are no ornament to the scene; neither dO they
injure it, and perhaps the Cataract of the Niagara is the
only one in the world that would not be injured by such
adjuncts. But it is framed on so mighty a plan, that the
eye, on contemplating its tremendoifs rush of waters, !eta
slip from observation every work of art.. •
,From Niagara we proceeded to Fort George, situated
on Lake Ontario, at the influx of the river, and, crossing
the Lake, we landed at York, the, capital. of Upper C2l-
- r Aftera stay of twenty-four boars at thus place, we
proceeded.in carts, by miserable roads, and through a thinly
settled country, to Lake Senieoe, which we crossed, and de-
scending the Nattaivasaga River to Lake Huron, we arrived
in a few days at Penetanguishene, a naval depot, situated
at one of the bays of that Lake. At Penetanguishene we
were joined by 24 Canadian voyageurs from Montreal,
and on the 211 of April the whole party embarked in two
large canoes, which, together with some stores, had been
forwarded from Lower Canada the preceding season. In
these canoes we coasted Lakes Huron and Superior, and
arrived at Fort William on the 10th of May, having suf-
fered a few days detention, partly from ice, but principally
from high winds.
Fort previous to their uniodnepowtitohf
tthine.NHoiritti
son's
Westßay
CmT°rasteartin. was the vrese principalveehanged out large canoes
for four smaller ones, adapted to river navigation, and, se-
parating into two parties, Captaitiiel: N‘
ren,blcillei7Naineds4s,puitsatekd,
ni
on a-head sin a partially laden canoe,
Kendall, and Drumond,followed With the stores in the
three remaining mimes. We arrived on the larch of June
at Cumberlandshouse, .which, you may remember, was our
wintering quarters the first year on our former journey
through the country, and it was also.witlitehretshirdeeencheo,attiourniinig,i
smite
elassttrovrientterlimodfeort,irtiznr ecnii;rwrh,?,ieft.
England
in June,
1824, in the Hudson's Bay sip. They resumed their
voyage ihis season on the 2d of June, and we over-
took them on the 29th of the same- month, guril-
tiheeingthttoinflaltulo
%,a4ssiipsht tsipler;ittiret,
the
„Iyititle!rh:,,,a,fidot
}towing
etirnhgr:tti,o,:,:attrhidlte:
Hudson's; Bey, from those which into the Arctic Sea.
Owing ,t& tine unusual dryness of the season,, we
.oxpe-
isimenaelledstrineautcnisl and this portage, which -is
tnltilernsenduit el‘MI etlitlibitt6;:Cl'iuza.ligirYrti°wilnhglai;l')lnft:i;lagenadr yil4ttilt rettyl tar)Y
miles t 1
long,
Me thy
and which, this seasthr,'nowhere offered water u
float the hoats, except small pools, between swrticelf ein long
and and almost dry fortis intervened. Nehwt,,ienitchoreirsepqoUretzieiS
to carry the eitrlg4ei nearly the whole
or entirely, through swamps, from which the mosquitoes
assailed us in myriads at every step. The easo;ingspive ,
itself is twelve miles long, over a high ridge of sand. hills,'
end here the boats were partly carried on Men's shoukte"

and partly launched the whole distance. After this tedious
and laborious operation, during which a considerable num-
' bet of the men were disabled by swellings of the legs, we
descended the Athabasca' river, and reached Fort Chepe-
wyan, on 'the Lake of the Tlllls, on the 15th of July. By
referring to Mackenzie's- Voyages, von will perceive that
it was from this post that that enterprising traveller set
out on the 3d of June, 1789, on that memorable voyage
to the Arctic Sea, in which he discovered and navigated
the river that beats his name, and opened up to the fur:
trade a large track of productive country.
It was necessary for Captain Franklin to remain at Fort
Chepewyan until the arrival of Mr. Back, that he might dis-
charge such of the Canadian voyagers as were to return to
Canada this season, and also to make other arrangements;
but that the boats (which were now four in nuMber, an
additional one having been borrowed from the Company,
and heavily laden with 'upwards of two tuns of petinnican,
besides other stores), might be' nn cause of delay after
the arrival of tke canoes, I went on with them on the 21st.

The canoes, under Messrs. Back and Kendall (Drum-
mond having been left cumberland-house, to botanize
on the Saskatchewan), arrived at Chepewyan On the 23d,
and oil the 25th. Capt. Franklin, .having sent back
nada a canoe w,ith the Voyagers, whose, services were no,
longer needed, set out after ale with, the three remaining
canoes,' The boats reached Slave Lakeori the 26th July,
only two days.later than we arrived at the same place in
canoes on the second year of our former journey ;, a diffe-
rence, of speed attributable solely to our acquaintance with
the route•and mode of travelling, and the previous arrange-.
ments so carefully 'akle by, Captain Fratiklin, After pass-
ing two days under the hospitable roof of*. *Vicar, Who
was so kind to us after our former suffering, t set out again,.
and coasting the,southern shore,of Great Slave Lake,enter,
ed'tbe Mielenzie. The current of this stately ri verswept
us rapidly along, and on the 3d of August, see arrived, at
Fort Simpson, situated at the influx of the River of the
Mountains, and at seven.in the morning'of the 6th we
landed at Fort Norman, 'about 200 milei farther down
that river. These two- posts are distant from each other
.13 days of winter travelling. At fort 'Norman I left a por-
.tidir of the stores, and. a boat and select crew for Captain
'Franklin; and going on with the remainder, we ascended
the current of the Bear. Lake River, which joins the Mack-.
kenZidahout 50 miles belOW -Fort NOrman, Bear Lake
River has a rapid current, the voyage down it being per-
formed in eight or nine hours, whiter its ascent occupies
three or four days. It is 70, miles long. We arrived at
Fort.Franklin,,then. in progress of erection, on the 16th
Adgust. Mr. heave, a chief trader of the Hudson Bay
Ccimpany, who.had come down•with a party of men in the
mcluth of June to make preparation for us, did not ex-
pect to see us before the 25th of September.' Captain
Franklin and his party reached Fort Norman the day after
I left it, and sending Mr. Beek up with the canoes and
stores, he and kendall•proceeded down the river in
boat, with a crew of seven men, including the Esquiniaus
ineerpreter. On ' the '3d day they Passed, Fort Good
Hope, in lat. 67, 58., the lust of the Company's
poSts, and in ihree
.days more reached the sea.. The
river flowed into it through many channels, separated
by low deltas, which are • mostly covered by spring floods.
Whale Island of Mackenzie, the limit of his voyage, is
one of the outermost of these deltas, but it is surrounded
by the fresh water of the river, and it was not until the
boat. had approached Garry's Island, titi miles to seaward,
that the clear salt water was perceived, by a well cleaned
line, to he separated from the ..muddy water of the river.
Ceptain Franklin landed on Garry's 'blood exactly six
months front the date of his sculling tionir England, and it
will excite the sympathy of his, friends to learn, that he
then displayed for the
,first time a silk flag, which was
sewed by his lamented, wife in. her last .illness, and deli-
Vered with a presentiment—alas too true—that they were
never again to meet in this world.

Garry's island lies,in lat. 69. 29., and in long. 135. 41.
West.' Prom its sununit they saw many white:and black
whales,, seals,, &c. After remaining a. day here, for the
.purpose, of making astronomical observations, and enjoying
the 01)00)0164:m14*A sea clear of ire, they set out on
their return,. and arrived, at this post on the 6th of Sep-
teniber. We had, during their absence, bestowed upon it
the name it now bears. They saw several Esquintaux
encampments recently deserted, but were not so fortunate
as 'to rind any of the people of that Wallah. Presents,
however, of, iron work,, were left at,. their huts, and we
have had the,satisfaation of learning, in the eourse,of this
winter, through the medium, of: the Sharp Eyes--a tribe
of Indians who inhabit Port Good IlopeT-rthat these pre-
sent were found by the people for whom they were in-
tended, and have prepossessed them strongly in our favour.
The Expedition travelled,- from
,the .dote. of its leaving
NeW York, the 26th March, until its re-union at Fort
Feanklin, on the 6th. September,and inehiding a survey
which I made .cif the north side of Bear Lake, in Captain
Franklin's absence ,5,160 miles, of which, '596 were
through the. United-, States and settled parts Of .Vitperea-
nada, It will resume its labours as soon as the rivers are
clear of ice, which will not be bej`ut! the end of June. At
preSent. the Whole party are in god health and high spirits,
and are sanguine in their expectations of Success.
NO letters from thu post,hiter than the data of this, can
reach England sooner than' October, 1827;

It is now a fortnight sine we noticed the coin
meneement of the horrid' atte,:ita upon &Melee in this town, by
stabbing them as they posé4'along the attests, in the dirk, and
last week we noticed a second outrage of the eamenature. TN!
subject has neceaverily excited great alarm, especially amongst the
female part of the community, and many exaggerated report* have
hewn in circulation, some of which we are happy to say, are desti-
tute of foundatiern' We wish we could add that there Las been
no recurrence, of a siMilar atrocity, but it is not so ; and though
we are veryanxions not to create unnecessary alarm, we aro corn.
pelted to admit that the subject has assumed a very serious ectri.
pinion, and we doubt much whether it is not the duty of the
magistrates ti oiler a large reward for the discovery of the perpe-
trators of such unmanly and abotninable deeds.--In addition to
the eases of Hannah Treece (who we are happy to say is fast re-
covering' from the effect of Ow, severe wound she received) and the
we have to record, that on Monday
woman in St, .o,loltreekt
week, between six end Wren o'clock, Miss Atary At Parker,
daughter of liir.'Darker, in Broad-marsh, was attsried by a ra,.
inn, as she was crossing from Wheeler-gets into the Market-place,
but the point of the instrument coming tn..contact with the bone
of her stays, inflicted no injury beyond that of cutting her clothe!.
On the following` nigh*, a daughter of Mr. Manderfield the tailor,'
was stabbed iry a villain at the corner of Pepper-street, On
Thursday night, a servant of 'Mr. Cross, the jailer, was stabbed
with a fork, when near itlr. Cs niberland's shop in Bridlesmith
. gate'; and on Friday bud-, Mary' Foster, who resides in ?deriver.-
street, Nine- &lonian, having occasion to go into the yerd,'O nom
suddenly darted upon her, and with some sharp instrument struck
her on the left side; but her arm being raised in front, and -she
instantly falling backward, prevented the weapon from inflicting:
any very serious wound, although the arm was perfectly Mad, with. Ow hkrw, and she suffers great pain near the rib that was
struck. - liar head was also bruised in the full. From the d
eription of the assailants, given w
by these omen, it is svmem,
more than one is eenterned in these outrage*, ami - teat
&rola reward would; lead to a flifieoser -,
v, Per utlst the
pro
Y. se would seri-
,ourfly warn the perpetrator* of these vile and wicked sense that if
they are caught, the consequences will be of the most awfoi'lla4'
tore, for they will be unquestionably inflicted under Lord El'
leubot.ouglt's
,act, for maliciously cutting, with bit tto do sotto)
grievous bodily harm, and should they be
ronekt4 they will
assuredly expiate their crime at the Gallows