It was yesterday morning currently reported in Westminster Hall, that,
ia consequence of continued indisposition, Mr. Justice Bosanquet will resign his seat in the Court of Common Pleas before the expira- tion of the present term. Mr. Sergeant Goulburn, the Recorder, (the Honourable Mr. Law,) and Mr. Sergeant Merewether, are each men- tioned as likely to be elevated to the bench when a vacancy occurs.— Standard, Nov. 4.
The friends of Sir Robert Peel point with exultation to the late ap- pointment of Dr. Whewell to the Mastership of Trinity College, as a proof that he will not suffer himself to be unduly influenced by his colleagues. Trinity being the principal college of Cambridge, the Mastership is of the greatest importance, both in respect to honour and. emolument. It is worth 2,000/. a year, and is in the gift of the Crown. Dr. Whewell, though a decided Tory, voted for the Whig Lord Lyttel- ton at the late contest for the Lord-Stewardship of Cambridge, from a feeling that Lord Lyndhurst was not a man whom any university could with propriety elect to its high places.—Morning Chronicle. The Times exposes an amusing waste of patriotic indignation on the part of the "Liberal " journals. The late Earl of 1■Iahnesbury died in the enjoyment of a salary of 1,500/. a year as Governor of the Isle of Wight. The office was one of the sinecures condemned by a Commit- tee of the House of Commons in 1833, and afterwards by the Whig Lords of the Treasury in 1834. On Friday week, the Earl of Heytes- bury was gazetted as Governor ; and the Morning Chronicle was shocked at the "barefaced job," "Tory rapacity," and " positive robbery." The Globe was equally indignant at Sir Robert Peel's renewal of "this shameless sinecure." " The patriot paper of the North," says the Times, "the Scotsman, is absolutely stiff with horror ; but consoles itself, at Lord Heytesbury's expense, with the assurance that ' Parlia- ment will soon turn him out of the snug berth.'" The Times thus dis- poses of the affair- " It is perfectly true that Lord Heytesburv has been gaxetted to the Gover- norship of the Isle of 'Wight, and that he has been appointed 'Governor and Captain' of that island and its castles, and Steward, Sheriff, and Coroner of the said island' ; and it is true, we believe, that the only duties attached to the office are those of the Stewardship, Shrievalty, and Coronership, which are done by a deputy, for a fixed remuneration of 50/. a yeas. But what does the prin- cipal receive ? How much ,goes into the pocket of Lord Heytesbury ? What will that Tory Governor, jobbed in by Sir Robert Peel, have to give up when this snug berth,' this 'shameless sinecure,' shall have been wrested from him, as the canny Scotsman promises it shall be, by the strong arm of Parliament ? Perhaps the shortest answer to this question will be an extract from the patent under which Lord Heytesbury has received the office. Mark these words- -' Provided always, sod our will and pleasure is, that the said William Lord lieytesbury shall not, in right or by virtue of the said several offices herein- before respectively granted, or of any or either of them, or of holding and oc- cupying the same respectively, or otherwise howsoever, be entitled unto, nor be atithonsed or empowered to have, accept, receive, or take any manner of salary, pension, wages, fees, annuities, or allowances, gratuities, dues, rewards, profits, commodities, or emoluments, to the said office or offices, or any or either of them, heretofore due, payable, accustomed, belonging, or appertaining as of right or otherwise, or any of them, or any part or parts thereof respectively.'" In spite of this conclusive explanation, the .Illorning Chronicle yester- day had the face to "congratulate the public on the defeat of one of Sir Robert Peers first jobs." And then, finding that Lord Heytesbury has got nothing, the honest journal also finds that he is a most valuable and deserving man, "deprived of the government of India," and "ex- cluded from the high offices of his own profession "—" an exclusion which he must see is founded on principle, because he really is the only man of capacity to be found in the ranks of Tory diplomacy." Every Tory who is excluded from power is found to be most worthy of it by Whig journalists. So much for faction, and so little for truth.
The Styx steam-frigate, Captain Vidal, arrived at Spithead early on Monday morning. This ship sailed a few days since for Canada, having on board Sir Charles Bagot. Her return was occasioned by damage done to the machinery, in going out of Cork harbour, which anchorage she had made in consequence of the recent westerly gales. Sir Charles Bagot left Portsmouth for London immediately.
The Council of the National Anti-Corn-law League have issued cir- culars inviting a general meeting of deputies from different Anti-Corn- law Associations, to be held at the offices of the League, in Manchester, on Wednesday the 17th November, for the purpose of considering a plan of proceeding during the recess of Parliament, which will then be laid before them.
We are assured, on excellent authority, that the Government have been making such inquiries regarding the penny-postage as clearly indicate that they are at present considering and contemplating the raising of the postage to threepence.— Globe. [Fudge !] A general assembly of the Academicians was held on Monday, at the Royal Academy of Arts in Trafalgar Square ; when Mr. John Rogers Herbert, Mr. John Watson Gordon, painters, and Mr. Patrick M`Dowell, sculptor, were elected Associates of that institution. [This is a very good selection, and it does the Academy credit.] Mrs. Maclehose, the Clarinda of Burns the poet, and widow of Mr. A. Maclehose writer, of Glasgow, died a few days since, at Edinburgh, at the advanced age of eighty-two. To the last she retained traces of her early beauty.
The overland Indian mail conveys intelligence from Bombay to the 1st October, from China to the 24th August. The new British Plenipotentiary in China, Sir Henry Pottinger, and the new Admiral, Sir William Parker, arrived at Macao on the 9th
August ; and proceeded without delay to execute their important duties. In the Hong Kong Gazette of the 12th, a notification was published by the Plenipotentiary, and a copy of his own commission from the British Crown. From the latter it would appear that Sir Henry Pottinger is sole Plenipotentiary, and altogether independent of any control on the part of the Indian Government. The notification declares that war sub- sists between the British and Chinese, [this is the first time the word has been introduced by the British into a public document,] but that the existing truce should be observed at Canton unless infringed by the Chinese authorities. It also warns all foreigners against placing them- selves or their properties in danger, as there might be a collision. Sir Henry promises to pay every consideration to the inquiries and wishes of the British ; but he can allow no consideration connected with mercantile pursuits and other interests to interfere with the strong mea- sures which he may find it necessary to authorize and adopt towards the Government and subjects of China, with a view to compelling an honourable and lasting peace." The island of Hong Kong is to be re- tained until her Majesty's decision is known.
The Plenipotentiary sent his Secretary to Canton with a notification to the Chinese authorities of his appointment and arrival. A letter is also said to have been addressed to the Emperor, to which an answer was expected at a Northern station—Chusan probably. The interference of the Kwang-chow-foo, or Mayor of Canton, had been refused. He sought, as on former occasions, an interview with the British Plenipotentiary ; but it was refused, and he was referred to the Secretary. The Imperial Commissioners and the other authorities at Canton are described as alarmed by these new measures, particularly as the British expedition had proceeded to the Northward. It is said that they offered a large sum of money to delay the departure of the fleet, which was decliued. The British were as much pleased as the Chinese were dismayed.
A rumour prevailed in Canton, that all the Tartar troops had been ordered back again ; that two boatfuls, indeed, had actually arrived ; and no doubt seemed to be entertained that the fortifications would be immediately rebuilt, armed, and garrisoned afresh, so soon as our troops moved Northward. The alteration of treatment, however, was felt immediately in the change of conduct manifested towards the English residents in Canton : the customary insolence, it is said, had vanished ; and the studied rudeness experienced in passing along the streets seemed at once exchanged for deference and respect.
A force of seven ships of war and one steamer, with troops and transports, remained for service at Hong Kong and in Canton river : the land force mustered in all nearly three thousand bayonets ; the fleet of transports amounted to forty.
On the 21st and 26th July there were violent typhoons on the coast of China, which did much damage. During one of them, a cutter, the Louisa, commanded by Lord A. W. Beauclerk, having on board the Commodore and Captain Elliot, was wrecked on the island of Kowlan, in the district of Heangshaa. Sir Gordon and Captain Elliot were brought back to Macao in a small Chinese boat.
" Her Majesty's joint Plenipotentiaries," says a writer at Macao, " were at first rather roughly treated : the Commodore was, we have heard, knocked down and stripped ; and had not the man who brought their Excellencies back to Macao in his boat interfered in their behalf and protection, the English ex- pedition in China would probably have been deprived of both its civil and military heads. The man called himself a Comprador, took the shipwrecked people into his house, and gave them food. Sir G. Bremer landed on the Prays Grande in a red Guernsey frock and drawers: the price of their rescue was three thousand dollars. Lieutenant Fowler, Lord A. W. Beauclerk, and the rest of the crew, were brought back to Macao by a Lorcha and a boat of her Majesty's ship Herald, which had been despatched for that purpose."
Captain Elliot, and the Commodore, Sir Gordon Bremer, arrived at Bombay in the Atalanta on the 24th August, and proceeded by the overland mail through Egypt : their arrival in England may there- fore be hourly expected.
The news from India is of secondary importance. In Scinde the im- portant position of Shikarpore had been ceded to the British. Major Outram had taken possession of his charge as successor to the deceased Political Agent, Mr. Ross Bell. The negotiations continued with Nus- seer Khan, and would, it was hoped, soon produce favourable results. In Afghanistan the conflicts continue between Shah Soojah's troops and the unruly mountain-tribes. Some new encounters took place in August between the British troops and the rebels. In Thibet there is fighting going forward between some of the Sikhs under Zorawar Singh and the inhabitants. Zorawar is said to have gained several victories. It is thought that some of the Nepaulese, who are also marauding in China, may soon come into contact with the Sikhs there.
The Burmese monarch, Tharawaddie, is described as making prepa- rations for war : he had approached Rangoon ; but the British troops at Moulmein had been reinforced, and they were ready to repulse any ag- gression.
The packet-ship Rochester has arrived from New York, with advices one day later than those brought by the Halifax steamer. They con- tain no additional intelligence. The New York Herald speaks of an improved feeling produced by the acquittal of Mr. M'Leod ; and observes, that "in relation to financial matters every thing is becoming sound, healthy, and prosperous."
In our last Postscript we were able to give an outline of the con- cluding proceedings in the trial of Mr. M'Leod, at Utica : we now give an abridgment of Judge Gridley's charge to the Jury, which is in- teresting, not only on account of the admiration which it excited, but also because it comprises an able analysis of the evidence, with the principal comments of counsel upon it. He began by congratulating the Jury on the absence of any excitement in the place which was the scene of the trial-
" We know, it is true, that a deep and pervading interest is felt in this case throughout the entire land. We are also aware that a portion of the public press has, from the commencement of this controversy, teemed with inflam- matory and passionate : tticles. We have likewiseheard of popular com• motions in various parts of the country, and in particular in the county where the indictment against the prisoner was found. Still, though these disturbing influences may prevail elsewhere, we can at least say that they have not entered this solemn temple of justice. If the waves of excited popular feeling have swept along in other quarters, they have not reached the portals of this building, consecrated as it is to the faithful administration of that justice to which the people and the prisoner alike appeal. During the proceedings here, it may also be remarked, we have seen attentive auditors in the person of loyal subjects of Great Britain, who not long since were in arms in defence of their soil ; and, on the other band, we had the presence of more than one distinguished actor in the scenes of blood and suffering connected with the recent abortive attempt at revolution in the Canadian provinces. Yet, although these individuals, as well as others who have been present, must have been deeply interested auditors and spectators of what has occurred, not a single murmur has been heard—not a single ebullition of excited feeling has escaped. All has been quietness and good order ; and a signal proof has been given that here is a spot where justice can be purely administered, and that here, if nowhere else, the decision of an upright, intelligent, and honest jury, will be acknowledged sovereign and supreme. It is under these auspicious circumstances that I invite your attention, gentlemen, to the questions con- nected with this great and important case."
Judge Gridley then gave a condensed abridgment of the history of the transaction out of which the trial arose. He next laid down the law for the guidance of the Jury-
" The acts 1 have described are held by the prisoner's counsel to have been excused in the individual performing them for these reasons—first, because those acts were authorized ; and secondly, because done in self-defence ; and again, because the whole transaction has already become the subject of re- cognition between the two Governments, so as to deprive this Court of juris- diction over the offence. These arguments have been laid before the Supreme Court; and that Court, after great research and deliberate consideration, pro- nounced that this act of the killing of Dunce, although performed in the pro- secution of an enterprise like that I have already described, was murder : it follows then, gentlemen, that all who were engaged in it are guilty of the same offence ; and it is not necessary that the arm of M'Leod should have struck the fatal blow to render him guilty—enough that he was engaged with others in that enterprise. This question, then, is to be excluded from your con- sideration. Then comes the question—the important question on which you are to pass judgment—is Alexander M'Leod guilty of that murder ? "
He proceeded to analyze the evidence ; which he divided into two classes—the circumstantial evidence connecting M'Leod with the case, and the evidence as to his own confessions of participation. Tracing the evidence of Gilman Appleby, Drown, and Corson, he showed its weak points. On Drown's evidence he said-
" It is argued by the prisoner's counsel, that the degree of darkness which prevailed there, [at Chippewa,] as testified to, was such as made it exceedingly rash for this witness to pronounce so confidently that he was able to recognize M'Leod as well there as here today. It is also argued that lie stands before you impeached as to his character for truth and veracity ; and to sustain this impeachment, witnesses have been called and have appeared before you. One Mr Bates has testified that he lives near Canandaigua, near the residence of this witness; and he says that he heard him speaking on this subject, I think at some former period, when subpcenaed ; and among other things, he said he knew nothing in reference to this matter that could do M'Leod any harm or good. The statement which he makes of what he said is somewhat qualified. It is remarked, on the other hand, that witnesses who are subpcenaed frequently make careless observations, and that this person being a poor man, might wish to avoid attendance on this trial. This is very true, that persons often make careless remarks ; and had Drown made such a statement in presence of any one who could have excused him from attending here, then the plea of counsel would have been entitled to greater regard from you. If, in truth, the facts which he has here stated were remembered by him at that time, then they were all facts material, and he could not have said, consistently with truth, that he knew nothing of sufficient importance to harm or benefit the prisoner. I may add, that in order to restore your confidence in Drown, Bates was questioned, and in reply stated, that that individual's character for veracity had latterly improved—that formerly he had been an intemperate man, but was now reformed."
We take up the Judge's charge again with the evidence of Parker, bar-keeper at Davis's tavern in Chippewa ; in the middle of which the last report broke off-
" He testifies that the prisoner went to bed at Davis's tavern early in the day; and got up between eight and nine o'clock in the evening; that a gentleman called for him, and he went out ; that half an hour or three quarters of an hour afterwards he saw him between Davis's and the Chippewa Creek; that a good many people were on the road ; that M'Leod went into one of the boats; that about sunrise next morning he satv him at Davis's; that he again saw him a few days afterwards, in the officers' mess-room, and there heard him say that he bid killed a damned Yankee, or something like that. At the close of hia examination, this witness was asked whether he could say with considerable certainty that he saw M'Leod at the 'Cut '? and he said he could. He was asked further, and said he had no doubt of it. He also states that it was pretty dark that night, and testifies also to Gther things; on account of which the counsel for the prisoner contends you should take his testimony with con- siderable grains of allowance. He testifies as to his knowledge of M'Leod; and among other things, says that he once went to see him in company with a brother-in-law, whom he accompanied as a witness in case his evidence would he necessary that money was paid to M‘Leod ; but although he went as a witness, he cannot recollect the amount of the money paid on the occasion. It is also argued that this witness tells a very extraordinary story in relation to the manner in which he has been induced to appear here; that he started from home to make certain purchases in Buffalo; that he suspected some one who accosted him on the way with the design of arresting him to insure his attend- ance as a witness on this trial; that he returned home, again set out, and was arrested in buffalo before he had time to transact any business; that, further, he was ignorant of the laws of this State, and was so frightened by the alleged representations of Mr. Hawley, that he (Mr. Hawley) had power to enforce his attendance here, that he consented to come. All this may or may not be the truth. This witness also testifies that he was solicited to come here by persons religiously opposed to bearing arms. The next witness is Caswell— he whom Corson spoke of; and he testifies in substance that he also saw M'Leod that morning at Davis's tavern. Then comes Quimby—he is the witness from Pennsylvania; he testifies that he resided some two miles from Chippewa; that he was there on the 19th with a load of hay, which he sold to the Government ; that he did not get paid for it at the time of the sale ; that he remained till evening, and in the course of the evening Saw the prisoner at Davis's tavern ; that he remained there from nine till ten o'clock.; that he then started for home; stopped at Pettis's, about a mile off, that night ; that he then turned back and was again in Chippewa between daylight and sunrise. That he went back to get payment for his hay at the Commissary's office. That he was going there when he saw M'Leod. That he saw him on the 'ridge '; and that he there heard him boast of his exploits on the Caroline, and heard him declare that there was the blood of a Yankee on his sleeve. He is questioned then as to whether he expected to receive payment for his hay at that early hour, and whether there were any persons in the office; and he said here were not ; that he whaled to be there in good season, but did not after all get paid, and finally went home. But, gentlemen, it seems according to the testimony of Mr. Lott of Lottsville, Pennsylvania, that on one occasion this Quimby came with another person for the purpose of making an affidavit before Mr. Lott, who is a Magistrate, and that that gentleman refused to take the affidavit, because Quimby was unworthy of credit ; that he went to another Magistrate, by whom the affidavit was taken and sent on. Lott says that he resides in Lottsville ; that the reputation of_ the witness Quimby, while resident there, 19113 very bad; that he was not to be believed on oath ; and that in informing the prisoner's counsel of his character, he (Mr. Lott) had no private motives of malice or revenge to gratify. Now it is said—and it is true—that ordinarily a witness to invalidate the testimony of another should be called from the neighbourhood. But you are the arbiters of this question, and in your hands I leave it. The evidence of Seth Hunman, for whatever it is worth, is also before you. When examined before, he said M'Leod was not seen by him that morning; he DOW swears he was. You will give this the credit you deem it deserves. Justus F. T. Stevens is then called and sworn : he testifies that he was present on the night in question, and that he saw three boats go out and return ; and he distinctly and positively swears that he saw M'Leod disembark by the beacon-light. That is a statement which is not confirmed by any other witness, and is, on the contrary, hostile to the statements of all the other witnesses on both sides. It cannot be true. Be was dismissed from the stand without cross-examination. He has testified to what is a deliberate falsehood—a falsehood for which the palliating plea of the probability of mistake cannot be offered. Leonard Anson [a carpenter of Lockport, in the United States] is the next witness. He swears he saw M'Leod at the bar in Davis's tavern ; that there were others there who took part in the expedition against the Caroline, each boasting as to who had com- mitted the greatest crime ; that there he saw M'Leod draw out his pistol, and delare that he had killed a damned Yankee; and that he pointed out the blood on the stock of the pistol. This, it is contended on the part of the prisoner, is an improbable story ; that he could not have seen the blood on the pistol; and other considerations have been submitted to you in relation to the testimony of this individual, which it is unnecessary for me to dwell upon now. You are the judges of their weight, and the attention which should be given to them."
On this evidence generally Judge Gridley observed-
" The prisoner's counsel contend that some of these witnesses have been im- peached, and that others have appeared in very doubtful circumstances ; that the darkness of the night was a good reason why no very great confidence should be placed in the statements of those testifying so positively that they recognized M'Leod with such certainty ; and that what they have proved is enough to throw some shade of suspicion on the whole. That is the view taken of it by the prisoner's counsel. Whilst on the other hand, the counsel for the prosecution insist that it is a mass of testimony which you must be- lieve; and which believing, you cannot doubt the fact of the prisoner's guilt. It is your province to criticize all this, and pass judgment upon it."
He then adverted to the evidence of M'Leod's confessions-
" There is a principle of law, applicable to that description of evidence to which the counsel for the prisoner has directed your attention, that confessions are in themselves the most surprising kind of evidence, easily fabricated, and difficult to be disproved, liable to be mistaken, partially heard, partially remem- bered; and, unless corroborated by other testimony, the rule adopted by the elementary writers, and sanctioned by the most distinguished jurists, is that they are the most unsafe description of testimony. Nevertheless, they are competent to be weighed, judged of, and passed upon, like all the other evidence in the case. I therefore, gentlemen, call your attention to the evidence of Henry Myers [a blacksmith of Canandaigua, who had resided in Canada] ; and I would admonish you, that one rule by which you are to test the declara- tions of witnesses is, that you are to see whether they are probable—like what men in like circumstances would do. He testifies that on one occasion, whilst he was passing Niagara Falls, he stopped at a tavern, and saw M'Leod with a number of others; that M'Leod was accosted by name by another of the party; that he boasted that be killed one damned Yankee or rebel ; and that he compelled the witness to 'treat' the party. You will judge of the credibility of this witness's story ; but there is one thing he said, which has not yet been noticed by any of the counsel, and which may aid you in passing judgment on his evidence he said that he marked the features of M•Leod well, as he deter- mined to use him in a similar manner if ever he got him on this side the fron- tier. The next witness is Calvin Wilson. Be is the keeper of a ferry at Youngstown, in Canada ; and he says that a few days after the destruction of the Caroline he went over to Canada; that be went into a house where was a person of the name of Rayncock,11PLeod, and others whom he named, who had been actors in that transaction, and that M'Leod said one of the damned rebels got shot on the wharf. This witness has been cross-examined at length; and confessed, that though a poor man with a family, be had given two hundred dollars to the 'Patriot' cause, and declined answering whether or not lie had harboured the notorious Lett. To rebut his testimony, a respectable inhabitant of the town of Niagara, named Hamilton, was produced ; and testified that he well knew Rayneock, and that that individual was absent in England at the time specified by Wilson. The next witness worthy of notice is Timothy 'Wheaton : he deposes, that about a year before he had gone from Whitby, Canada, where he lived, to Niagara ; was near the ferry ; saw M'Leod coming up from the water-side, and the witness remarked to him that the sentinels had a hard time of it ; that they then talked of the Navy Islanders, and about their number ; that M'Leod said they would never have the Caroline there again, and added, that he was the second or third man who boarded her ; that then some person, a stranger to witness, interrupted the conversation by taking M'Leod off; that he (the witness) turned from the ferry, recollecting that he had not a pass, and went back to the town. It is undeniable, that in looking at this mass of evidence there is much of it that appears questionable, and much of it remains that is not powerfully attacked, and that does bear very hard on the question of the prisoner's guilt." - The Judge then turned to the evidence for the defence—the proofs of non-participation and of alibi : first as to the evidence, taken by com- mission, of witnesses in Canada, to show that I1PLeod was not present at the attack— "The Attorney-General has criticized the testimony of these deponents with great minuteness and equally great ability, lie has pointed out where the witnesses have contradicted each other, or the truth. For instance, some saying that resistance was made on board the boat, whereas it has been shown there was no resistance. If the witnesses swore so, knowing that they were swearing falsely, that will of course detract from their credibility. But Wells himself testifies that he overheard the sounds of fighting; and that in the darkness of the night and in the confusion of the mel6e, they all taking a part, had mistaken each other for the occupants of the boat, and that they fought together. If that were true, then it would not follow that in testifying as to resistance encountered on board the boat they were false in the corrupt sense of the term. Passing from this, there is this other consideration which must strike you in the outset—if, when Alexander !Sneed sued out this commission, and directed the Commis- sioners to examine persons who had been in each of the boats, if in truth he had been present there himself, he must be a bold man indeed. [Judge Gridley pointed out that the negative testimony of Sir Allan bl'Nab and Captain Sears, that they did not see M'Lcod, especially as it was dark, was of less value than more positive testimony.] But there are one or two gentlemen. from among the inmates of each particular boat who have been examined. Some of them knew M'Leod well before that time; others became acquainted with him afterwards; some talked with and recognized all their associates, and they all testified that M'Leod was not among them on that night. Now,
gentlemen, it is proper that you should apply the rule distinguishing between positive and negative testimony. It is true that where one man swears he &I see another at any particular spot and period, it is more satisfactory than when
he can only say that he did not see him there. But you will take into considera- tion the reasons which would lead you to believe that the crews of each of the boats must have well known each other, and so pass a correct opinion as to their credibility, when they say positively that 111•Leod was not among them." Then be came to the oral depositions that the prisoner was else- where— " We come now to the proof of an alibi ; which, if sustained, can leave no doubt of the prisoner's innocence, unless you can believe him gifted with
ubiquity. The first witness to prove this is William Press, [the landlord of a public-house at Niagara.] He swears that he conveyed the prisoner and another person to Niagara on the day of the destruction of the Caroline ; that he knows it to he on that day, from the fact of having made an entry of
the transaction in his cash-book under that date ; that he conveyed the prisoner in the evening as far as Stamford, on the way back to Chippewa; that there the prisoner alighted from the waggon, and went to the house of Captain J. Morrison, [a retired British officer living five miles from Chip- pewa.] William Stocking [the commander of a detachment of Dragoons]
was called, and corroborated the evidence of Press; and both, I may add, cor-
roborate the statement of Hamilton respecting Rayncock's having left for Europe before the commencement of the troubles in Canada. The family of
Captain Morrison and himself swear positively as to M'Leod's being there on
the night of the 29th December. Captain Morrison states that he is enabled to fix the day from the circumstance that his friend Colonel Cameron called at
his gate early next morning and informed him of the destruction of the Caro- line, and gave him a fragment of the ruins which he had found in an eddy below the Falls; that he told this to M'Leod, whom he found half-dressed in the parlour, where he slept during the night ; that M'Leod was electrified, and calling for his horse, purposed to leave immediately, but finally remained for breakfast; after which he went on his way. Then comes the witness Gilkinson : he says that he met M'Leod on the day after the destruction of the Caroline, on the road from Stamford ; that they rode up together to oppo- site Navy Island, from which they were fired on ; that one of the balls was
picked up and handed to M'Leod, who carried it with him; and Sears, you will
recollect, states that on this day he saw M'Leod and another person riding along that way, and that they were filed on from Navy Island. This testi- mony is also corroborated by that of Mr. bl‘Lean. This is the aggregate of
the testimony, gentlemen, on the part of the defence. The evidence of the Morrisons and the declarations of M.Leod on his examination have been sub- mitted to you, and criticized by the Attorney-General with great ability. If he has satisfied you that the Morrisons may have been mistaken as to dates, and in particular in reference to this great epoch, and that the other wit- nesses confronting them may also have been mistaken, then your confidence in this portion of the testimony vanishes. But if you decide on just ground's otherwise, then it should, I think, be deemed satisfactory in establishing the innocence of the prisoner."
Even if the proof of alibi did not satisfy the Jury, but only raise a doubt, still the prisoner would have the benefit of that doubt : and this brought Judge Gridley to his peroration-
" The law never divides between the living and the dead—never consigns an individual to the tomb without an overwhelming amount of evidence to prove
the guilt of the accused. In this spirit you are now to consider the evidence which I have briefly reviewed before you. And now, gentlemen, my task is performed. Your duty remains to be done. And it is one of the most solemn trusts that can ever be reposed in the citizen. You are to take the case into your deliberate consideration. You are to weigh and decide on every part and portion of it. You are to call into exercise your best powers of judgment,
regardless of rumours which may have reached your ears, regardless of every
consideration except that of the guiding principle of justice and impartiality. And when you shall have come to your decision, and declared where the truth lies, then, with an independence that will honour you, and with the noble inte- grity that your country expects you to exhibit, you will pronounce your ver- dict. And then I trust that all who have witnessed the trial—the ability with which it has been conducted, and your patience in attending to it—will be satisfied. If the evidence will lead you to say that he is guilty, then, although your decision should wrap your country in the flames of war, you will fear- lessly pronounce it. On the other hand, if he is innocent, you will pronounce him so, regardless of threats or murmurs, or fear of rebuke. And may the God of truth enable you to decide according to those principles of truth and equity which are the foundations of the Eternal Throne."
We stated in our last number, that after half an hour's retirement the Jury returned a verdict of "Not Guilty "; and that Mr. M'Leod, on being discharged from custody, retired unmolested to Bagg's Hotel.
We are happy to ha,ve it in our power to state, in answer to the rumours recently circulated of a change in the Government of Nova Scotia, that a despatch was received by the last steamer, in which the new Colonial Secretary, Lord Stanley, assures Lord Falkland of his determination to give him the most cordial support in the conduct of his administration—Novascotian, Oct. 14.
The pacification of Spain in general proceeds favourably. On the 29th October, Espartero was at Vittoria ; where numerous deputations from the provinces had waited upon him for the purpose either of making their submission or of declaring their devotedness to the Government. The great question of the Fueros was discussed at these interviews. Espartero promised to maintain all the municipal and other laws which could be reconciled with those of the king- dom at large, and to exempt the inhabitants from the conscrip- tion; to which the people of those provinces seem to have an insur- mountable aversion. Customhouses were to be shortly established along the frontier of the Pyrennees, agreeably to the decree of the Cortes.
Madrid was quite tranquil. General Quiroga had been sentenced to death by the permanent military commission. General Norza-Gueray has been cashiered, and is to he imprisoned for six years. Arrests con- tinue to be made ; but all attempts have failed to discover the retreats of two leading insurgents, General Concha and Brigadier Pezuela. It appears that the Regent has issued orders to shoot O'Donnell, Pi- quero, and others, the moment they were taken ; but those insurgent leaders are now safe in France. It was anticipated that General Oribe would be taken on the Portuguese frontier. An agent of General Narvaez had been arrested at Malaga, on landing from Gibraltar. It was supposed that Narvacz had left Gibraltar for Portugal. The chief attention is now turned to Barcelona, where a sort of local revolution has grown out of the rebellion. We are indebted to the Morning Post for the following resume of the affair-
" We must premise, that the destruction of the fortifications of Barcelona has long been a favourite project of the revolutionary population of that town. At various periods petitions to the Madrid Executive had been addressed for that purpose; but even Espartero had refused to sanction the wished-for demo- lition. The Barcelona Republicans had the same antipathy to the citadel as the Parisians had for their Bastile in bygone days, and for their Misfiles now erecting. The same reasons for this dislike are alleged,—nainely, that the fire of the Torts was more intended to awe the population than to be employed against a foreign foe. Chance has placed it in the power of the infuriates of Barcelona to achieve their object ; the town and citadel having been com- pletely evacuated on the night of the 25th by the troops of the Line who had been despatched to join the Captain-General, Van Helen, at the French fron- tiers, leaving General Zabala in the command of Barcelona. In the afternoon of the 25th, it appears that the National Guards, who had been well provided with ammunition on the first news of the events at Madrid on the 7th ultimo and the outbreak in the Basque Provinces, were placed in the citadel on duty. The opportunity was too favourable to be lost ; and on the 26th two of the most formidable bastions commanding the town were razed ; and in imitation of the French Revolutionists who pulled down the Bastile, the stones were so- lemnly paraded. This act of demolition received the sanction of the local authorities, except, of course, the Political Chief and General Zabala, who hold their appointments from the Madrid Government." According to other accounts, it is understood that the citizens of Barcelona were mainly influenced by a jealous dread lest the Modern- dos should make use of the strongholds of the city.
The Courrier Beige of Saturday announced the discovery, on Friday night, of a formidable conspiracy, of which the object is supposed to be to restore Belgium to the Dutch rule. The Courrier began by alluding to disorders in France and Spain and the agitations in the United States and England, and says that Belgium must also have its conspiracy-
" It was not the Police, however, who threw any obstacles in the way to pre- vent this explosion ; which has been inevitable ever since the fetes of Septem- ber. The funds of the Police are inefficient to provide for the safety of the state. There can be no doubt that the conspirators were all in earnest in this affair, and' meant business.' In one of our suburbs, two new six-pounders • and two field-pieces, with harness, ammunition, &c., all ready to sweep the streets of our tranquil city. "Tomorrow was the day fixed upon for the breaking-out of the conspiracy. The conspirators had extended their ramifications throughout Ghent, Antwerp, Liege, &c. Had it broken out in the night, it might have been successful, as the officers who live in the suburbs could have bad their throats cut before they could have arrived at the barracks. This is the cause of the order given to the officers to return to the town.
" We have also received the following details. During the whole of yester-
day afternoon, the Police and authorities were on the alert. Thousands of ru- mours were afloat respecting the goings and comings of those functionaries. It WRS at first thought to relate to a band of robbers, which it is well known has extensive ramifications in the city. This, however, better-informed persons said was caused by a conspiracy against the welfare of the state. The law- officers, accompanied by the police-agents, repaired to the different quarters of the town to make domiciliary visits at the residence of the persons suspected. Among others, they proceeded to the house of M. Decrehen in the Rue d'Ar- gent. They were compelled to break open the doors, and seized several arti- cles. Gendarmes then went in pursuit of M. Decrehen ; who was arrested and taken to the Bureau of Public Safety. Be is reported to have had a violent altercation with the Minister of War. As M. Decrehen alighted from the car- riage before the door of the Minister of the Interior, he succeeded in escaping, but was subsequently recaptured. Large bodies of assembled about the streets, and troops are stationed about the town. M. Decrehen has been inter- rogated, but nothing is as yet known. Some other arrests have taken place, and the guards at the posts about the town have been doubled. A battalion of the Tenth has just arrived at Brussels. The whole of the municipal, legal, and military authorities, have been up all night, and warrants have been issued against a large number of persons.
"Among those already arrested are the ex-General Vandersmissen General Vandermeeren ; Vandersmissen, a merchant, brother of the General; Parys, Idilitary Intendant, with his secretary ; M. Van S., a Government employe; Parent, ex-Commandant of the Corps Francs. Altogether upwards of twenty persons have been arrested, and warrants are out against several others. "Among the articles seized at the houses of the conspirators, are four small
pieces of cannon' with all the necessary accessories. These were taken at the house of M. de Beaumont, formerly an officer of artillery. At the house of M. P., in the Rue des Dominicains, was seized a large chest, containing balls, powder, three pistols, a carbine, &c. The judicial authorities are also in- specting the premises of M. T., a coachmaker, outside the Laeken gate. The authorities declare that they have discovered the traces of a widely-extending conspiracy. The Ministers assembled in council this morning, and several expresses have been sent off by the King."
The Brussels Globe, in mentioning more arrests, observes-
" Among the persons implicated in this conspiracy, there are to be seen by the side of the Ormoreists men who played first parts in the days of September, and malecontents of parties. As to the nature of the plot, nothing is yet said ; and the strange pile mile of the names that figure in it scarcely allows of an opinion being formed upon it."
The Observoteur gives some few additional particulars respecting the persons arrested-
" The Police paid a visit to the house of one of the persons arrested in the
Faubourg de Scharbeck, and made a thorough search. All the rooms were found to be unfurnished, with the exception of one, in which a table was set out with chairs round it, showing that a meeting had been held or was about to be held there. There were lights and a fire in this room. Most of the per- sons arrested have military titles, but only two really belong to the Belgian army. These are M. Parys and M. Vandermeeren ; the former of these two only was in active service. General Lecharlier was formerly a Major of the Civic Guard in Belgium, but was made a general in PortugaL M. Parys holds the rank of Sub-Intendant of the first Cl/SS, which is equivalent to Major-GeneraL Vandermeeren had been for some years on the retired list. Vanderealissea, who was condemned for treason in 1831, was restored to the Army in 1839, under the Ministry of M. de Theux •' but in 1840 he was struck off the Army- list, under the Ministry of M. Lebeau. M. Parent and M. de Crehen also had ceased to be on the list for active service. M. de Creben was with the Belgian auxiliaries in Portugal, and returned with the rank of Captain of Ar- -tillerT. All Brussels has seen him at the Circus during the representation of the Siege of Constaniina, commanding on horseback the two small pieces of ar- tillery used in the piece, and which are probably those which have been seized at Tivoli. A Pole, in the service of the Government, was arrested by error, but was immediately set at liberty. We learn that several persons have been arrested in the provinces, and that they are expected at the Prison of the Petits Carmes."
The King was at Ardennes ; but a courier was despatched to sum-
mon him to Brussels, as soon as the conspiracy was discovered. The correspondent of the Morning Post attributes that discovery to the Minister of War ; "for while the Police were ignorant of what was going on, he is said to have seen, incognito, the casting of the balls, pre- tended to take a lively interest in the proceedings, and by this and other means to have made himself master of many valuable facts.
It is inferred from recent appearances that the French Opposition intend to open the next session of the Chambers with a renew al of the motion for diminishing the number of placeholders in the Chamber.
The Paris journals and those of the French outports concur in the statement that the disarmament by France is in actual progress. The Toulonnais of the 28th October says- " The disarmament of the French nett is on the point of taking place. The order to dismiss, not only all the seamen who have completed their four years' services, but also those who have only served three years and a half, or even three years, has been received from Paris. We are further told that the sailors who have scarcely been on board forty-two months will also be sent home at no distant period. The furloughs are not delivered to all at the same time. They are divided into small detachments, in order that their numbers may not be remarked on their way to their families. The certificates delivered to them i authorize them to engage n the merchant-service. The men belonging to the Northern departments are to be embarked in the Jena, which is about to sail for Brest, so that they may not have to cross the whole of France. Those seamen are to be replaced by conscripts, and shortly afterwards the ships will be laid up in ordinary, because their crews will be unable to work them, and ultimately disarmed."
The Moniteur of Sunday convoked the Councils-General of Agricul- ture, Manufactures, and Commerce, to bold their sittings from Decem- ber 10th to January 10th. These assemblies are understood to be pre- liminary to the important commercial negotiation with Spain and other countries, which the French Cabinet propose undertaking.
The Dutchess Leuchtenberg, the Emperor of Russia's daughter, was safely delivered of a Princess, at St. Petersburg, on the 17th October.