gbe itittropolis.

The grand ball in aid of the Ward Schools took place at Guildhall on Wednesday, and passed off so well as to fulfil every expectation. The company was estimated at 2,000 in number: it included the Lord Mayor, Sheriffs, and several civic dignitaries, Lord Seaham, the Earl of Munster, Count Noailles, Count Potoski, Lord Dudley Stuart, Sir Moses Montefiore, and other gentlemen of note. There was a concert, under the direction of M. Benedict, and aided by Mrs. Alfred Shaw, Miss Sabina Novelle), Mr. Machin, and other singers; the musicians contributing their services gratui- tously. Besides the profits of the ball, donations to the amount of 5001. were received.

A numerous deputation from the Association for the promotion of Im- proved Paving, Cleansing, and Drainage, waited on the Commissioners of Sewers for the City of London, on Tuesday, and submitted a proposal to employ thirty men, at the expense of the society, in cleaning a considerable area, including the Bank, the Royal Exchange, and Guildhall, for a period of two months, in order to chew how cheaply and perfectly it can be done. The Commissioners accepted the proposal, subject to the consent of the con- tractors for the time being. The Chairman of the Commission, Mr. Peacock, also informed the deputation, that the Commissioners are engaged in trying a new fire-escape, which seems to be very efficient.

An important action was tried in the Court of Queen's Bench on Tuesday. The plaintiffs were the directors of an Insurance Company; the defendants, direc- tors of the Blackwall Railway Company. The declaration alleged that the plain- tiffs had effected an insurance on the life of one Walter Turner; that the defend- ants were the owners of a certain landing-place on the banks of the Thames; that it was their duty in that behalf to take care that the landing-place was safe; that they had neglected this duty, in consequence of which Walter Turner, in passing along the landing-place, fell into the water and was drowned; whereby the plaintiffs became liable, were compelled to pay sooner than they otherwise would have been required the amount due on the policy, and lost the benefit of the pay- ment of the premiums that might and otherwise would have been paid from time to time on the life of Walter Turner. The defendants demurred to this declara- tion as insufficient, for not disclosing a legal cause of action. For the defence, Mr. M. D. Hill contended, that although it may be a defect in our law, in point of fact the law does not recognize death as a cause giving a right of action. In support of the declaration, Mr. Warren contended, that death might be, in many instances, a cause of action. In the case of a policy on life, it was the death of a party which gave the right to claim the money secured on the policy. The supposed rule that death could not give a cause of action was not supported by any authority of a decided case; and many reasons of analogy might be produced against its existence. Lord Denman pronounced judgment; the other Judges concurring. The duty of the defendants, he ob- served, as alleged in the declaration, was confined to keeping the gangway at the lauding-place in a fit state for the use of parties who were going to the railway- trains. Now, the declaration did not go on to show that Walter Turner was going to take a seat in the railway-train; and as the declaration did not allege the duty to be to maintain the landing-place in safety for all persons and for all whatever, the negligence was not shown to be a breach of the duty which Crdprmeesn previously alleged. Then the Court was applied to for leave to amend the declaration: but, in the first place, the Court was bound to suppose that gentlemen had put the case on the record in the way the most favourable to their own clients; and, in the second, place, to allow an amendment in such a case might perhaps put the Court into the delicate position of giving judgment on a declaration framed in pursuance of its own suggestions, or the evidence might be prepared so as to meet the difficulty which the Court had before felt in the way of the plaintiffs' right to recover. There must therefore be judgment for the defendants.

The case of the seven Brazilian sailors who were tried at Exeter Summer ASaiZea, for the murder of Thomas Palmer, midshipman in the British Navy, on the high seas, came before the Judges, in the Court of Exchequer, on Saturday. Thirteen Judges were present. It will be recollected that the Felicidade, a repu- ted slaver, was captured by the war-sloop Wasp, in February last; that the prize wasplaced under Lieutenant Stupart with eight other Englishmen ; and that the party ea board captured another have schooner.tbe Echo; to which Mr. Stupart was transferred, the Felicidade being left under the care of Mr. Palmer, with nine British seamen. The Brazilian crew rose against their victors and killed all the British. Of that crime they were convicted at Exeter and sentenced to death; but the case was carried by appeal on several points of law before the Judges. For the prisoners, Mr. Sergeant Manning protested, that Mr. Baron Platt, the Judge who presided at the trial, had excluded important evidence from his notes; but the Judges declined to entertain that question. Mr. Manning and Mr. Collier then proceeded to argue, that the Felieidade was wrongfully taken, as she had no slaves on board; that the treaty with Brazil, declaring slave-trading to be piracy, (under which the prisoners were tried,) had no power to alter the laws of Brazil, to which the prisoners were amenable, and which did not make slave-trading a crime; that the Echo was wrongfully taken, because she was boarded by Mr. Palmer, who had not the rank of Lieutenant, required by the treaty for the cap- turing officer; and that, having been wrongfully taken, the crews of the foreigu vessels had a right to resort to violence in order to recapture them. For tile Crown, Mr. Godson in effect contended, that the treaty constituting the crime piracy exonerated this country from responsibility as to the internal laws of Brazil; and that where persons accused of a crime were captured by the proper authorities, they were not justified in committing murder to escape, even if there were irregularities: but he insisted that the two schooners were rightly captured, since the evidence of the Felicidade's traffic was sufficient, and Lieutenant Stupart actually commanded the party that captured the Echo, though Mr. Paiwer boarded it.. There were some other technical points raised, but these were the principal. The Court took time to deliberate on its judgment.

It having transpired that Johnstone, the master of the Tory, who last week made such an extraordinary charge of mutiny against most of his crew, was making preparations to quit the country, he was taken into custody on Monday.

On Tuesday, he was brought before the Magistrate at the Thames Police-office, and charged with the wilful murder of Thomas Reason, a seaman. The prisoner is a native of Scotland, and said to be respectably connected. Ile is rather above the middle size, thirty-five years of age, of florid complexion, and rather sun- burnt. He is a man of reckless appearance and manners, and seemed to treat the serious charge against him with indifference. The only witness examined was Flower, one of the ship's apprentices. Reason died one night, in the cabin; on that night the boy heard him call out, " Spare me, captain, spare me!" He went into the cabin shortly after hearing these exclamations—" I saw Reason, who appeared to be in a dying state. I saw the captain examining a wound in his left breast. I saw the blood flowing from the wound. The captain had a bayonet in his hand. There were two other wounds one on his temple the other

on his forehead; they were fresh wounds, and bleeding profusely. Reason died about ten minutes after that. I was present when he expired." The prisoner was remanded till the next day.

On Wednesday, the fifteen men charged with mutiny were brought up for re- examination. Mr. Clarkson announced that Mr. Gibb the owner of the Tory, was induced by the information which had been elicited to withdraw the accusa- tion on his part against the seamen. The Magistrate, Mr. Broderip, declared that the only evidence against the prisoners was that of the captain, which was of such a nature as not to warrant their detention; he therefore discharged them. A loud cheer invaded the decorum of the Court at this announcement. George Johnstone, the master, was then more formally charged with three murders,—that of William Rambert, the chief mate; that of William Mars, second mate; and that of Thomas Reason, able seaman. A surgeon stated that the prisoner was suffering from an erysipelatotis inflammation of the leg, caused by a punctured wound; so he was allowed to be seated. Two witnesses, both ship's apprentices, were examined. Slack declared that Mars was placed in irons by the captain; who then struck him on the head with a cutlas, inflicting a severe wound. within less than an hour he again struck at the man, wounding him on the head and hands. Mars was so weak that he could not stand. The master ordered some of the crew to pass a rope round the mate's body and squeeze him! they did so, horribly torturing the dying man. He expired soon after, and his body was committed to the sea. Witness saw Reason after he was dead: blood had flowed from his side, and a rug which covered him was stained with blood. The man was wounded in the forehead while the captain was striking Mars. Spence an intelligent young man, stated that there was some discontent on board the dip on its arrival at Ascension: one of the crew reported to the master that the seamen had threatened him, and Johnstone was greatly excited. On the 25th September, he saw the master standing over Rambert with a =ties in his hand, the chief mate praying his forgiveness: on the following day, Ram- bert was struck by the captain. The same witness saw Johnstone shake Reason. Mars was repeatedly slashed with a cutlas; he was greatly mutilated. When he fell through weakness, the crew were ordered to prick him with a bayonet, to make him stand!

The prisoner having declined to make any defence at present, be was remanded till Tuesday next. Kellerby, the youth charged with sending various anonymous letters and packets of poison to people residing in Southwark, has been committed for trial, by the Magistrate of Southwark Police-office. At the Brentford Petty-Sessions, on Monday, six surveyors were charged with wilfully damaging the grounds of Mr. John Wilmot of Isleworth. They were found upon the land at night, with bull's-eye lanterns, chains, pegs, and tape, busily measuring; and in their operations they had done a good deal of injury to the plants. The defendants did not deny the charge; but they said that they were not aware they were doing wrong, and they regretted that they had done any mischief; adding, that as to working at night, they were compelled to work day and night to get their surveys made by the BOth instant. The projected undertaking on which they were engaged was a water-coarse or tunnel, between Colebrook and Hampstead, for a large public company: they could not say what was the name of the company; but they were employed by a London surveyor. Mr. Wilmot declared that he had to contend with about ten lots of such persons a day, and he was actually obliged to keep a man for the sole purpose of warning them off! The Bench ordered the surveyors to pay fines, the amount of the damage, and costs—in all 61.; and warned them that a second offence would be punished more severely. The horror-mongers revelled for a time in a "tale of mystery" about Cobham Park, near Gravesend. There two boys discovered a pool of blood, near which lay a pair of pistols, one loaded and one discharged, a pocket-kerchief, satu- rated with blood; but there was no trace of a dead body. All kinds of rumours of a duel or a murder arose; but further mqtury, has disclosed a rather curanis double attempt at suicide, by a Mr. Palmer, leather-factor, residing in Beauvoir Square, Eingsland Road. He left London on Thursday for Rochester. On Friday he proceeded to Cobham Park, and there attempted to destroy himself by firing & pistol into his month. The bullet was buried in his upper jaw, and he bled a good deal; but he was not so much hurt as to prevent Ms walking away. He left behind him the pistols and handkerchief. On Saturday afternoon, Mr. Palmer got on board a London steamer at Woolwich. He sat astride the bulwarks, and refused to get off ; saying that he liked to sit so because it resembled riding on horseback. While so sitting, he had a glass of spirits and water and a cigar. Although still retaining the bullet in his Jaw, no mark of suffering seems to have been observed. Soon after he had been spoken to he plunged into the water: though he made no effort to save himself, he floated on the stream. After some little interval he was picked up, and was put ashore at Blackwell; where a Po- Beeman took charge of him and conveyed him home. Mr. Smith, the master of the steamer, afterwards found a pocket-book on the deck, with a note addressed "To the captain on board the steam-boat I go in": the writer declared that he had attempted to kill himself with a pistol, and meant now to try the water; he desired that three letters addressed to his wife should be delivered after his death; and enclosed half-a-sovereign to pay for the trouble. On the steamer arriving at the Adelphi, Mr. Smith proceeded to Beauvoir Square; where he found Mr. Palmer in bed; a surgeon having just extracted the bullet from his upper jaw. The patient was suffering from delirium tremens. He pretends to have been wounded in a duel; but the story is not believed. Of course there is no doubt of his in- sanity; but lie appears to be in good hands, and to be out of danger.

A fatal fire occurred in Tabernacle Square, Finsbury, shortly after midnight on Saturday. Connected with the St. Agnes-le-Clair Baths were two old dwell- ings, principally formed of wood: one was occupied by Mrs. Moore, the owner of the baths, and the other was used as a coffeehouse. The fire was discovered by a Policeman in the lower part of Mrs. Dloore's house; though he instantly gave the alarm, and assistance was soon on the spot, while ladders were obtained to help the people from the upper windows, the flames made rapid progress. A daughter-in-law of Mrs. Moore and a little boy perished, having been overcome by the smoke: the husband, it is said, strove to save his wife and child, but was compelled to leave them or share their fate. The residents in the coffeehouse all escaped by the street-door. Both houses were consumed.

The Registrar-General's return of mortality in the Metropolis for the week end- ing on Saturday last shows the following general results. The weekly averages for the autumnal season and the year are calculated on the deaths occurring in the five years of 1840-4, and are corrected for the increase of the population to the middle of the present year.

Number of deaths, Autumnal average. Annual average.

Tymotie (or Epidemic, Endemic, and Contagious) Diseases 263 ... 201 ... 161

Dropsy, Ca neer, and other diseases of uncertain or 'variable seat

64

Diseases of the Brain. Spinal Marrow, Nerves, and Senses 117 . 155 ... 159 Diseases of the 1.ungs, and of the other Organs of Respiration 301 ... 323 . . 292 Diseases of the Heart and Blood-vessels 41 ...

27 . . 24

Diseases of the Stomach, Liver, and other Organs of Digestion 53

Diseases of the Kidneys, &.c.

Childbirth, disease: at' the Uterus, tte 10

Rheumatism, diseases of the Bones, Joints, ke

Diseases of the Skin, Cellular Tissue, the

4

Old Age 45 ... 74 ... 70 Violence, Privation, Cold, and Intemperance 24 ... 27 ... 26 Total (including unspecified causes) ,

The temperature of the thermometer ranged from 60.4° in the sun to 83.7° in the shade; the mean temperature by day being warmer than the average mean temperature by 0.9°. The mean direction of the wind was South by East, but principally calm.