he heard Mrs. White call out for assistance. She called out three times, and he went to her room. She said there was a strange man in her room; and he saw the defendant doing something to his waistcoat. He seized him by the collar and took him down stairs. He did not seem so much intoxicated as not to be aware of what he was about; for upon witness pushing him, he said, "You have no right to push me;" and upon reaching the bottom of the stairs, he asked "Where is White ?" That was the case for the pro secution. Mr. Phillips then addressed the jury for the defendant. The Chairman charged the jury, that the offence, as proved to them, amounted to a capital felony, and therefore defendant must be acquitted of the minor offence of as, saulting with intent to commit a rape. Then there was a count for a common assault; but if there was an assault at all, it was clearly an assault with intent to commit a rape. It did not appear to him, that the evidence sustained the present indictment; or rather it proved too much. Some parts of the evidence were certainly of a very extraordinary nature, but upon that the jury, and not he, were to form an opinion. They must remember that it was one thing to be not innocent, and another thing to be guilty, in the eye of the law. The jury consulted for a few minutes, and returned a verdict of Guilty, generally. Mr. Alley. Gentlemen, had you returned any other verdict, the defendant should have been indicted at the Old Bailey for the rape. Chairman.-Then, Mr. Alley, how is the court to pass judgment upon this verdict of guilty of an assault with intent to commit a rape, when the evidence proved a rape itself? Mr. Alley.-No, there was one point, which is necessary to prove a rape, not sworn to. Chairman.-The woman swore to that most distinctly, for I questioned her about it. Mr. Alley. I did not hear her. Chairman.-At all events, the verdict includes a conviction of a common assault; and for that the sentence of the court is, that the defendant be imprisoned in the House of Correction, and kept to hard labour, for a period of three months. 24. The remains of the duchess of Grammont, which have lain in the royal vault of the chapel of Holyrood since the year 1803, were transported in a hearse, from the palace to Newhaven, to be embarked on board a French corvette at anchor in the roads. The lord provost and magistrates, the lord advocate, the lord chief baron, sir Patrick Walker, sir Henry Jardine, &c., attended, and followed the hearse in mourning coaches to the place of embarkation, as a testimony of respect for the memory of the illustrious lady, who died while sharing the exile of the royal family of France. The original shell had previously been enclosed in a new coffin of a very superb description, covered with crimson velvet, and gorgeously ornamented, The plate bore the following inscription ;Louise Françoise Gabrielle Aglae De Polignac, Duchesse de Grammont, Née à Paris le 7 Mai, 1763; Morte le 30 Mars, 1803. On arriving at Newhaven, the coffin was removed from the hearse, and carried without a pall to the boat, escorted by the crew of the corvette. It was then placed in an outer shell, and covered with the white flag, over which was spread the British Union. The French flag was also hoisted at the same time on board the ship and the boat, which immediately pushed off. It had been arranged that the fort should fire minute guns; but this order was countermanded, at the request of the commissioner appointed to receive the body, M. Madal Dugas. A great concourse of spectators assembled to witness the ceremony, both at Holyrood and Newhaven. COURT MARTIAL.-North West Expedition. A court-martial was held on board his majesty's ship Glocester, lying off Sheerness, on captains Parry and Hoppner, for the purpose of inquiring into the circumstances under which the Fury was lost in the late expedi tion. Vice-admiral sir Robert Moorsom, commander-in-chief on this station, acted as president. Captain Parry read a long extract from his official journal, containing a description of the difficulties and dangers of the two ships for some period before the time when the Fury met with the accident which led to her abandonment. Captain Hoppner made a similar report, from which it appeared that his ship had been driven aground by a large mass of ice striking against her. The rudderpost was unshipped by the shock, and came floating up by her side; the greater part of her keel was knocked off, and several holes were mnade in her bottom, which render ed her extremely leaky. He de scribed the exertions that were made to remedy the mischief which had been thus inflicted, and spoke in the highest terms of the cheerfulness with which his men had performed their duty, under circumstances which would have disheartened any but British sailors. Lieutenant Sherer, of the Hecla, gave it as his opinion that the accident by which the Fury got on shore could not have been avoided, and that nothing had been left undone by her captain and crew which was at all likely to lead to her preservation. He described the injury which the Fury received in similar terms to those used by captains Parry and Hoppner, and stated that four pumps had been constantly kept at work from five o'clock in the morning till eight at night, from the time of the first discovery of the leak to the abandonment of the vessel. The shocks which the Fury received after her first striking were so violent, that it was supposed by those on board of her that she was only held together by her lining, and that her bottom would soon part away from her. She was abandoned on the 26th of August, at which time there were nine feet water in her hold. The Hecla, which stayed by her, and assisted in heaving her up, was then obliged to stand off, in order to prevent herself from being closed in by the drifting ice. The Court declared themselves convinced, that the loss of the Fury was occasioned by an accident which human foresight could not have prevented, and in consequence captain Parry and captain Hoppner were honourably acquitted. At the time when this unfortunate accident happened, the leaders of the expedition entertained strong hopes of succeeding in the object of it. They were separated from an open sea by a barrier of ice of no very formidable width, and had ascertained that that sea remained open to a very considerable distance; but they were deterred from endeavouring to enter upon it by the consideration that all the provisions, which could be stowed on board the Hecla, would last the united crews of the Hecla and Fury only twelve months, and that the voyage to Behring's Straits would probably last twenty-four. They saved as much of the stores of the Fury as they could; but a great part of them were left on the beach, where they were first landed, for the purpose of lightening her, along with the luggage and clothes of the different officers. Many officers were obliged to abandon in this manner property which had cost them three or four hundred pounds at their outset on the voyage. At the time when the Fury struck, the Hecla was aground, and consequently the situation of both ships was most distressing. In this condition, which was almost hopeless, not a murmur of discontent was heard among the men, but every order was performed with cheerfulness and alacrity. The cold was intense, and yet, during the night, men and officers were obliged to sleep on the shore, with no other protection from it than mere tents. These, on their departure, were left standing for the benefit of any stray Esquimaux who might happen to pass that way. During this voyage, the expedition did not see any of these wandering tribes, and of course was deprived of the amusement which it derived on its last, from their trickery and gluttony. The men resorted, however, to all their old and also to some new modes of whiling away the tedium of their long winter. An observatory was erected on shore, in which the officers spent much of their time in making and recording observations. The garden was attended to as before; but the herbs raised did not at all compensate for the trouble bestowed upon them. Some cucumbers were grown in glasses, in the summer, but not of a very large description. The winter was milder than any which the expedition previously experienced; and one proof of it is, that the ships were not laid up in their winter-quarters till the 8th of October, though in their former voyages they had been laid up about the 22nd or 23rd of September. There have been no new discoveries made in any branch of natural history. Several collections of insects &c. have been made, but few, if any, which were not known before their last voyage. The ptarmagans were plentiful, and some fine specimens of them have been brought home. Grouse were also shot occasionally, and formed a delightful change in the messes of the ship's company. Great attention was paid to their diet, and the good effects of it were visible in the healthy state of the crew. Only two men were lost in the course of the voyage. One died of disease, and the other was drowned whilst on a shooting party. In the twilight, a party of three had gone to a narrow channel of water which ran between the ship and the shore, to shoot certain birds which came to drink there. Two of the party made a circuit to get round it, and in doing so separated from their companion. They then amused themselves with shooting for some time, and thought that their comrade was doing so too. On their return to the ship, they had to get across this channel again, when to their grief and surprise, they found their companion's corpse floating on the surface of it. 25. COURT OF KING'S-BENCII. Robinson v. Ward.-This was an action by Mr. Robinson, a clergyman in Hampshire, against Mr. Ward, an attorney, practising in London, to recover a large sum of money, received by Mr. Ward, on behalf of his client, Mr. Robinson, and by him deposited in the hands of Marsh and Co., just before their failure. The circumstances of the case were these.-In August, 1824, Mr. Robinson sold a small estate for 5,300l. and directed that the price should be paid to his attorney Mr. Ward, who was instructed to invest the proceeds in the funds in the name of trustees. But before they could be so invested, there were some charges, a surveyor's bill, and other bills, amounting to about 1007., which Mr. Robinson was authorized to pay. The money was received by Mr. Ward, on the 28th of August, in bank-notes; and he kept them at first in his own house, until he should hear from Mr. Corfield, a surveyor, and from Mr. Robinson, as to the disposal of them. On the 3rd of September, as he was going out of town for the benefit of his health, and was fearful of taking so large a sum with him, or retaining it in his house, he paid it into the hands of Marsh and Co., who were his own bankers, and in his own nanie, Mr. Robinson's bankers being Messrs. Hoare, of Fleet-street. On his return to town, he inquired for Mr. Corfield, but could not see him till Friday, when he ascertained the amount of his bill and paid it, and also was made acquainted with the The Attorney-general, for the plaintiff, contended, that he had clearly a right to recover; as Mr. Ward, against whom there was no imputation except that of a little carelessness, had no authority to place this money in the hands of his own bankers, or in his own name, but ought to have kept it in his house, or have paid it to Messrs. Hoare, who were the bankers of his client. Mr. Scarlett, for the defendant, conceded, that, if he had paid this money into the hands of his own bankers with the least idea of making use of it or of obtaining credit by the deposit, he would be liable for the consequences of his act. But there was no possibility of the operation of such motives in the present case; for he had at the time a large balance, and the reason why he did not pay in the money, in Mr. Robinson's name, or to his bankers, was, that if he did so, he could not draw it out when it should be wanted, but must wait for an order from Mr. Robinson, who was at a distance. If he had kept the money in his house, and it had been taken by robbers, he would not have been liable for the loss; and a bankinghouse was usually considered a safer depository than a private residence. Under these circumstances, Mr. Ward, who had taken as much care of his client's money as of his own, and had acted as prudent men usually acted, ought not to be held responsible for an unforeseen misfortune. The Lord Chief Justice said, there were three courses which a person with whom money was deposited might pursue: he might retain it in his house; he might pay it into a banker's in his own name; or he might pay it into a banker's in the name of his principal, or might open an account specifically for the purpose, and then give an ear-mark to the money, which might preserve it in ease of his own bankruptcy. By this last means, also, he might protect himself: but if he, however innocently, and with honourable intention, mixed the money with his own, he became debtor for the amount, and must abide the loss. The ease was certainly a hard one; but he had no doubt, in point of law, that the plaintiff was entitled to recover. a committee was formed to mature the plan. OLD BAILEY.-John Palin, having surrendered in discharge of his bail, was put to the bar, on an indictment charging him with stealing, on the 18th of November, 1824, four notes for 1,000l. each, from the person of F. Robertson, esq., at the auction mart, in the city of London. The prisoner, who is advanced in years, was very respectably attired, and pleaded not guilty. Mr. Broderick stated the case to the jury, and called Francis Robertson, esq., who stated as follows:-In November, 1824, I attended at the auction mart, taking with me some Banknotes, which I received from Mr, Marsden, of Prince's-street, neat the Bank. I did not know the numbers then. I received nine notes for 1,000l. each, one of 500l., and one of 100l. I folded theni up in a paper, and put them in the left-hand pocket of my trowsers. I purchased the estate put up for sale, and paid five 1,000l. notes, and the balance by a check. I The jury then returned a verdict for the plaintiff, credit being given for the deductions and the law charges of the conveyance-folded the remaining four notes up Damages 5,136l. 6s. 3d. in the same paper, and again placed them in the same pocket. There were a great many people in the room. I was about to leave the room about four o'clock, when I felt a considerable pressure against me. The room was so crowded, that I could not get my great coat on, and when I got to the other end of the room, I found my notes gone. My first impression was, that I had dropped them, and I accordingly looked on the floor. I mentioned my loss to Mr. Thomas, who ran to the Bank to stop payment. In the present year, I went over to France, and returned early in August. I caused bills to LINCOLN'S-INN-PLACE.-A select meeting was held at Green's Coffee-house, Serle-street, to consider a plan, submitted by Mr. Burton, the architect, for erecting a street to be called Lincoln's-innplace, to connect the Strand with Serle-street and Lincoln's-innfields. The expense of the project would amount to nearly 200,000l.; but as the neighbourhood to be rased is one of the most miserable description, it was conceived that the improvement would be effected upon terms that would yield six per cent interest to those who subscribed their capital. Ultimately |