cited a considerable degree of interest in Cheltenham, from which place it rose; a great number of the most respectable families had come from that place to hear the trial. The amusement, however, which was anticipated, was considerably damped by the serious turn which the cause took, the learned Judge declaring that he would not suffer any improper merriment in that Court, but the cause should be tried like any other.

The simple circumstances were, that on the 27th of September last Captain Powney was walking up the High-street of Cheltenham, attended by a person going to shew him a lodging-house, when the defendant, Mr. Brisac, wilfully threw himself against Capt. Powney, and pushed him with great violence against some palisades, making use of insulting language, which terminated in blows from his walking stick. Capt. Powney, by the advice of some high naval and military officers then at Cheltenham, brought an action of assault against the defendant; and had the plaintiff' wanted any additional testimony to his character as an officer and a gentleman, than that of those officers, he had a large share of it from the strong sentiments expressed by the learned Judge who tried the cause; his Lordship desiring it might be understood that Capt. Powney had acted with the correct feelings of a gentleman, in appealing to the laws of his country for a just punishment on the defendant, for his unjustifiable conduct, and reminding the Jury of the propriety of giving such damages as should operate as an atonement to his feelings for the personal insult.

The Jury returned a verdict for the plaintiff with £100 damages; and the Judge, further to shew his opinion of the cause, certified on the record that it was a proper one to be tried by a special jury, to enable the plaintiff to recover the costs thereon.

Counsel for the plaintiff, Messrs. Jowis, Taunton and Manley; Solicitor, Mr. Hughes. Counsel for the defendant, Mr. Dauncey and Mr. Puller; Solicitors, Messrs. Newmarch and Harris, Mr. Dauncey availed himself of the circumstances of the case, and the great disparity in the ages of the parties, to indulge in that vein of humour for which he is so remarkable, and afforded, it is said much amusement to a very crowded and respectable Court. The plaintiff, we understand, intends devoting the amount of the damages to charitable purposes.

THAMES POLICE.

Henry Hackroot, a Swede, was brought ap on a charge of having thrown overboard and drowned William Fitzpatrick, a seaman belonging to the East-India Asiatic Journ.-No. 17.

Company's ship Cornwall, at a place called
Whampo, seventeen miles from Canton.

The evidence was in effect, as follows, J. Stewart, one of the ship's company, stated, that the prisoner, the deceased and several others of the crew, were rowing a boat within six miles of the ship, on the 24th of October. Somebody complained that the deceased did not pull his oar; upon which the prisoner said to him, "You rascal, if you don't pull your oar, I'll throw you overboard." The reply of the deceased was, "That's more than you can do,thank God." The prisoner said,

Is it then?" and seizing Fitzpatrick by the back of the trowsers, threw him overboard. The prisoner said at the time, "There you are now." The boat's crew tried to save the deceased, but the night was dark, and they failed. The prisoner immediately attempted to throw himself overboard, but was prevented by one of the crew. The witness did not think that a hole was torn in the trowsers of the deceased by the violence of the prisoner.

Capt. Toussaint, Commander of the Cornwall, stated, that he was at Canton when this occurrence took place, but he heard of it immediately after. He also heard that the body was found, but in so mutilated a state as to prevent the features being distinguishable. There was, he observed, a remarkable circumstance in the evidence taken at China in the contradiction given by one of the boat's crew to the statement just made with respect to the trowsers of the deceased. Besides, not one of the crew could recognise the body. There existed in the ship a very great prejudice against the prisoner, for what reason he did not know, except it was on account of his decided superiority over the whole of the crew, it being usual with him to work more than six of the ordinary men. It was even said on board that they would have blood for blood. So affected was the prisoner at the event, that it was with great difficulty he was kept alive during the voyage, and he was, for a considerable time, out of his senses. Capt. Toussaint was present at the exami-. nation of witnesses at China, and he remarked that the deposition of Stewart was not like the account given by him ản the ship.

Captain Toussaint having deposed; that the ship lay sixty or seventy miles from the sea, Mr. Wilson, Solicitor to the East-India Company, said the case was out of the jurisdiction of the Admiralty, and the evidence, should therefore be examined before the Privy, Conncil, who would order a Special Commission for the trial of the prisoner.

891

Hackroot is a stout young man. He appeared deeply affected.-Remanded. VOL. III. 3 U

been executed as ringleaders of the mu

Mansion-House, King and brought before the Lord Mayor, charged with a fraud on the East-India Company, It appeared from the evidence of a poor illiterate seaman, who it seems had been selected by the prisoners as the fittest per son to carry their nefarious designs into execution, that the prisoner Moore, who is in the Company's service, had met him in the street, and understanding that he wanted a birth, undertook to procure him ane, upon condition that he would take a paper for him to the India House and receive some money on his account. Wit ness took the paper as directed, but was too late, as the business of the house was concluded for that day. He went again the next day in company with King and another person, and they each received (on presenting the paper) £3. 4s. They then went to a house in Fenchurch-street, where they met Moore and divided the money. It seems that Moore was employed by the East India Company to provide men for the service, and that the paper presented by the witness was a charge for bounty for three able seamen, pretended to have been procured and paid by the prisoner, whereas the men so engaged by him proved on inspection to be quite the reverse of what they were represented to be. The prisoners denied that they had any fraudulent intention. -Remanded.

Moore were yesterday tiny,

COURT OF KING'S BENCH.

Thursday, April 17th-Special JuryWilliams v. Webster.-This was an action to recover damages for an assault and false imprisonment. Mr. Gurney addressed the Jury, observing that the outrage of which his client complained was committed on board a ship on its voyage to India, the plaintiff being mate, and the defendant captain. The sole object of Mr. Williams in coming before the Court was the vindication of his character, and to remove every supposition that he could have been properly subjected to confinement. It was no part of his purpose, while vindicating his own, to cast any imputation on the character of Captain Webster, who had probably been actuated by misinformation: that misinformation should have been given to him would appear extremely probable, when it was known that on board the ship commanded by the defendant, a conspiracy to run away with it had just afterwards broken out, and two of the crew had actually

Mr. Scarlett on the other side observed, that the proposal had been made by him in the absence of Capt. Webster. It was fit to state, that in the course of the voyage from India the defendant had felt it his duty, even to the plaintiff, and much more to the crew of the ship, to put him into confinement. He was far from wish ing to say that he had taken any part in the mutiny; but he firmly believed, that the design of the defendant in imprison→ ing him, was to protect him from the violence of the crew. It was due to the plaintiff to admit, that when the contest unhappily arose, he most readily and zea. lously assisted the captain in putting an end to it. The sum for which the ver dict was to be taken was £50, which was recorded.

་་་་

Mr. Gurney added, that the traitors on board the Indiaman were a part of those who had custody of the British offi cers at the Isle of France, and that but for the exertions of the plaintiff and de fendant they would have succeeded in running away with the ship and cargo, worth not less than £300,000.

Lord Ellenborough. It is unnecessary to make any observation; no doubt a sound discretion has been used en both sides. It appears from the record, that the Captain, whether legally or illegally, acted from proper motives. The imprisonment of an individual for his own protection is certainly a new case; but I do not say, that under certain circumstances it might not amount to a justification, when the imprisonment had in view the preservation of the whole ship.

Mr. Gurney observed, that although the imprisonment before the mutiny might be justifiable, it could not be justified after that had been suppressed, and upon the complaint of the very persons since exe cuted.

An embarkation from the depot of deserters, at Porchester, is to take place immediately, for the Cape of Good Hope; they are to serve for life abroad. The transports Abeoua, Lloyd's, Sisters, and Borringdon, will take on board those for the Cape. A detachment of the 48th regiment (200 men) is embarked in these vessels.

The new building in Cannon-row, originally intended for the Transport Office, and afterwards for the Ordnance Department, is nearly completed for the recep tion of the India Board, to which they will remove in a short time.

ASIATIC INTELLIGENCE.

was preparing for an immediate march towards Kohistan."

ceeded in repelling the attack, and killed fifty of the assailants. The Raja of Multan having failed to perform his engagements, Runjeet has expressed his determination to proceed thither, and reduce the whole country to subjection. Runjeet was at Lahore on the 9th June. He had demanded tribute from the Raja of Khulooria, who refused to pay it, saying he had never been tributary to any power, and was besides under the protection of the English Government.

Uckhars from Holkar's camp to the 26th of Sept. mention the receipt of a letter from Amir Khan, in which he complains that the Jaypore Vakeel had quitted his camp, without effecting any settlement. The latest accounts from Jaypore, state that the guards of the city had been strictly ordered not to permit any armed persons to enter the city, Thakoors excepted; each of whom might pass, with four armed men. The gates were also directed to be shut every evening at nine o'clock, but no reasons are assigned for these precautions. The Jaypore ministers and chieftains strongly recommended the Rajah to unite with the Joudpore force, to chastise and expel Amir Khan; but the Rajah declined their advice, observing that he was sure the Joudpore Rajah would not act against Amir Khan, because he believes the Khan to be "a good man." The latter however was busily employed in plundering the countries of Japore and Joudpore. Manjee Dass the principal Jaypore minister is reported sick; but his illness is supposed to be feigned, to avoid the importunities of Roy Chund Singh, and the troops who claim the payment of their arrears-the period fixed for that purpose by Manjee Dass having elapsed. Mohtaub Khan has proceeded to Hindoor.

Uckbars from Holkar's camp to the 4th ult. state, that the camp was still at Deoriah, and the cavalry sitting at Dhurnah. The Uckbars from Holkar's camp to the 12th ult. state, that the Bhaee had given directions to dig twenty yards deep in a particular spot of ground, in conse quence of information conveyed to her by certain Zemindars, that at that depth, the late king Alumgir had deposited sixty lacks of rupees, beneath six large guns. The digging had commenced, but the workmen had not even reached the guns, Scindeah was watching the movements of the Khan. It was also reported at Delhi, that Amir Khan had been defeated by the troops of the Bikanir Raja. Several detachments of the Khan's troops had plundered the country in the neighbourhood of Dundwanah, and that fort and city were afterwards taken and pillaged.

Runjeet Singh, on the 12th ult., was still at Lahore; but his park of artillery

Our latest accounts' from Moltan, are dated the 13th ult. 'The Governor of that place, Serferaz Khan was then at Shoojadabad. Ismael Khan, an ambassador from the Amirs of Sinde, was on his way to Cabul. Intelligence had been received from Liah, stating that a large detachment of the Bhugaur army was marching against Abdul Sumand Khan at Dayerah Dunpunah. It was encamped when the intelligence was dispatched, at Liah and Sultankote. The Peshore Ukh→ bars contain no intelligence of importance.

Our native correspondent at Delhi, states, that Amir Khan was encamped, when the latest accounts left him, near Joudpore, the Rajah of which place was still very iH. It is conjectured that the Khan was awaiting his death, in order to take advantage of the circum stances which that event might afford, for supplying his wants, On the other hand, it is stated that a large force under a person of the name of Jacob; and the army of Bapoojee guns, when the Uchbar was dispatched. Guffoor Khan had reported to the Bahee, that four battalions of Bri→ tish troops had arrived via Guzerat at Jahpoor, about eighty miles from Joudpore; and that this intelligence had been communicated by Amir Khan. Balarein Seit was in disgrace.

The Jaypore Uchbars to the 24th ult. ; mention that Misra Gunesh, at the instance of Manjee Doss had undertaken to pay all the arrears of the army, when all the troops were to proceed to different quarters. "A letter of friendship," had been written to Mr. Metcalf, The Pe shour Ukhbars to the 13th ult. state that Prince Oyoob and Yar Mahomed Khan, have the joint management of the affairs of that court. Letters from Cabul men. tion, that Prince Camron had demanded six lacks of rupees from Vizier Futteh Khan, on account of the two last years; and that prince Mashud, the son of Fut teh Ally Shah had murdered Isah Khan, The widow of the deceased, had in consequence raised a considerable force to avenge her husband's death, and Khorasan was in a state of great agitation. It is added that Mahmood Shah the king of Cabul had promised assistance to the widow of Isah Khan, either directly or indirectly.

It was expected that Prince Camron would join her cause with part of the Doranny army from Candahar. Prince Feerozuddeen had arrived at Cabul from Hurrat, and reported that one Kachar Khan had reached the latter place, demanding tribute or revenue in the name of Futteh Ally Shah, and insisting that the coin should bear his title. This intelligence is stated to have produced some uneasiness