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Hobart Town Gazette.

FRIDAY, FEBRUARY 6.

Sitting Magistrate - G. F. Read, Esq.

Ship News. - On Wednesday last arrived from England the ship William Shand, Captain Kenn, with merchandize and passengers. - She left England on

the 20th of October.            

Same day arrived, likewise from England the ship Aguilar, Captain Watson with merchandize and passengers   also. - This vessel left England on the 3d September, and touched on

her passage at the Cape of Good Hope,

which she left on the 24th December.

Yesterday His Majesty's colonial  

cutter Mermaid, Captain Pierce, came   to an anchor in the Port, after encoun-

tering severe gales for three days off the heads and in the river. The Mermaid

brings down a detachment of the 3d Regiment (Buffs) under the command of Captain Innes, of the same corps, to relieve a part of the 48th Regiment at this Settlement. - Lieutenant Everdern, of the 3d Regiment, also arrives by this vessel; by which John Wyld, Esq.   the Agent (for Van Diemen's Land) of the Australian Company, has returned to the Colony.  

His Majesty's ship Tees will sail the

first fair wind on a cruise to New    

Zealand, from whence she will, we understand, return to Port Jackson.  

The Mermaid will sail to-morrow for     Port Jackson.

The Belinda will sail for Sydney also in the course of the ensuing week.

Remain in the harbour, His Majesty's ship Tees and cutter Mermaid; the     Australian Company's ship Triton; the   ships William Shand and Aguilar; and the brigs Ann, Jupiter, and Belinda.

The LIEUTENANT GOVERNOR visited

Captain COE on board His Majesty's   ship Tees, on Sunday last. Captain

Coe received HIS HONOR with a salute

of 13 guns, and repeated the salute   up0n his quitting the vessel.

We are sorry to have to report, that on Monday evening last Mr. FIELDER, Purser of His Majesty's ship Tees, now in the harbour, unfortunately fell overboard, and was drowned. - The First and Third Lieutenants, immediately after the accident, leaped into the water; but, we lament to say, their gallant     attempt to save a brother officer was not

crowned with success.      

MERINO SHEEP.—By the William Shand, one of the arrivals this week from England, Van Diemen's Land has again, been benefited by an importation of no less than one hundred and twenty- eight fine ewes and rams of the pure Merino breed. Of these, fifty were shipped from the flock of Sir JOHN SE- BRIGHT, Bart. for THOMAS ANSTEY, Esq. of Jericho ; and, owing to the great

care and attention which was bestowed

on this Gentleman's sheep by the Com- mander of the vessel, Captain Kenn,

only two of them died during the pa-   sage, ten rams and thirty-eight ewes having arrived in most excellent con-   dition.—Fifty-two ewes and five rams, from the flock of Mr. HENTY, of Arundel, were put on board for Mr. RICHARD WILLIS, a Gentleman lately settled in the Island, near Port Dalrymple, two of which only died on the voyage.—The remainder, twenty-five in number, have also been landed in an uncommonly fine

condition.            

An Inquest was recently held at Launceston before P. A. MULGRAVE Esq. Coronor for the County of Cornwall, on the body of John Smith, a con- vict.—lt appeared from the evidence, that the deceased had been in the bush upwards of two years : he and another runaway, of the name of Lennon, both armed, were fallen in with by serjeant Wilcox of the 3rd Buffs, Mr. Lucas, and

some other persons. Smith presented his gun at the party, upon which Mr. Lucas fired, and mortally wounded him.—The jury returned a Verdict—That the deceased was shot by Mr. Lucas in his own defence.      

     

Passengers per the ship Aguilar:-    

Mr. and Mrs. John

Duncan, & family Mr. William Archer Mr. J. B. Weller Mr. C. M. Cogle

Mr. George Govett Mr. James Bryant

Mr. Edmund Bryant Mrs. Roe, & 2  

children

Mr. William Ruffey Mr. Fred. Ruffey  

Mr. John Kerr, sen. Mr. John Kerr, jun.

Miss Sarah Kerr

Mr. James Duncan Dr. T. Tomkinson

Mr. W. Hutchinson Mr. & Mrs.Maddock,

and family

Mr. David Hyldiard Mr. John Bonney Mr. John Robbins

Mr. Charles Robbins  

Mr. James East

Mr. William Mason

Mr. William Bayley Mr. George Jarvis     Mr. James Crisp    

Mr. John Griffiths Miss Rhoda Hull Mr. & Mrs. Smith Mr. & Mrs. Sparke

Mr. Edward Sparke Mr. George Sparke Mr. John Sparke  

Mr. William Sparke   Mr. Andrew Sparke Mr. William Sparke Mr. Joshua Thorp

Mr. Rich. Waycott  

Mr. Wm. Lundin

Mr. James Kiernan Miss Mary Hoskins Mr. and Mrs.    

Bradridge

Mr. & Mrs. Morris,

and child.

Passengers per the William Shand:   Mr. & Mrs. Thomas,

and family

Mr. & Mrs. Howell Mr. Maitland

Mr. & Mrs. Stare, &

child     Mr. Shallis Mr. Rose  

Mr. Skenner

Mr. Marten     Mr. Townsend

Mr. Lambert, and 2 children    

Mr. Coke       Mr. Duffield   Miss Frinch    

The ship Guildford, Capt. Johnson, with male prisoners for Port Jackson, sailed from Portsmouth in company with the Asia, which lately landed prisoners

at Hobart Town.—The Guildford will

exceed every other transport in the num- ber of voyages she has made to these Colonies, having already been out here five times since 1812, always with pri- soners, and the same Commander.— Chief Justice Forbes is passenger in this ship.  

The Adrian, with passengers and merchandize for this port, was on the point of sailing when the William Shand sailed.  

The Hibernia, with male convicts for   this place, was expected to sail in a few days.      

By the ship William Shand, London Papers to the 16th October have reached the Dependpncy. We have been kindly favored with a momentary perusal of   some of the latest, from which we have hastily gleaned a few of the most   interesting articles of intelligence.

The King, we have the satisfaction

to announce, was in excellent-health. His Majesty had been some time   residing at Windsor Castle.

The King of Spain and his family arrived   at the head quarters of the French   army on the 1st of October.  

Cadiz was surrendered to the French; and Riego had been condemned to be shot. The following is an account of the    

CAPTURE OF RIEGO.        

Parts/ StePT.;29.-?" Thfe'garrisóh of St. Sebastian capitulated on the 2tth. ' The town and the citadel will be occupied by our troops on the 3d of Oct. The garrison, amounting to 2,200 men, are prisoners of

war,"

[From the Moniteur.-Official part,]

Army of the Pyrenees.-Bulletin.-" Th'e last bulletin stated, that Riegohad been ob- liged to throw himself into the mountains

of ^lpujaras. This revolutionary Chief had

still 3,000 men with him.. He resolved to make use of them to make an attempt on ttye cantonments of Gen. Ballasteros, and endeavour to induce his army to mutiny!! To tlris end, after Various roundabout ways, he'succeeded in passing the Grenil on the

8th.            

" General Ballasteros, on his side, being informed 'of the movement of Riego, had sent two of his brigades to Carcabupy and Luccna, arid had but a few troops at his quarters at Priego, when Riego appeared l^beie on the loth., He .however advanced to meet him, and, mingled with his sharp- shooters, ordered'the firing to begin, which killed an aide-de-camp and several soldiers

of Riego. But the troops of* the-Iatter ? threw up their schakos (caps) in the air, and

joinejä those of General Ballasteros^who !

then thought that the latter wished to.unite with'them.r Riego took advantaçe of this

confusion and his er>i>i?" to deceive Gen.

jlSaJJasteros; |mt seeing that he would npj ¡second his quilty projects, ,aqd tbato^he contrary he was resolved ¡to fight rather than violate his engagements, he 'causeçl 'bim^to be arrested withhfs wfíoTé'staff, and

Ieft-rfotbing untried to seduce his troops.-J v Riego having thus failed in his enterprise, J v

hastily retreated upon Aleándote and Mar ;!tds^|^jlot pne? officer, nor soldier of Gen. í'Bi^jí^^ros,;vfdllowed Riego. The enemy ^ílifdfiri.the' heights behind-Jaén* in the Idir^ptiön oTiMagpKaReal; andoccupiedVa tiew^ositijön.y¡it\i part of his infantry, and ,.^lljiis c?.^y£ilíyi,^ Gvpner'al Bq,ttnerjaains. ad :í'ápce,d'''ÍLÍgainst him, sur^ortfaf!-by ;!Co]ionel

sCh'oisséúl, a^th^ílieád df the loth, who ex edited a brilliant'charge, traversed the in- fantry, arid overthrew the cavalry, which he threw into complete disorder. From /thar¡rtíomehti;Jttiej eneniyïwas drivenjfroni:: .position toiippsitiphi i'epee]!daúsf¡ leS fjevasj^ "o^eypnd^ManchaReal,"wnere our troops eti tèred* at'- eleven o'clock at night, after 14 hours' fighting. ? Riego, when he>arrived at Jaen, liadrstill about 2.500 rhem

"The village of Iodar, by.itspositiön, äp ßc.ar^dwtö'be necessarily a decisive point ' tor hihi whd* should first bdeupy it.: !GÖlö; >nèl d'Àrgout, therefore^ leavinghis infantry behind^;made all speed to reach it; but ! when he arrived on the 14th, at noon, Riego had, reached it an hour before,; with about

l,6J0(fföot, and 500 horse. . GoL d'Argout skiïfuîiy. took advantage; o| the surprise which'¿us sudden appearance ! causead, and, without suffering himself tírhe delayed by the fire,of the^posts/He niàde his regiment; proceed alongönefoi; thëexterior sides of the; village, to advaucewith' rapidity, to ¡the otjfier;.extremity!, where the enemy's infan tf-y^had !for,m,ed:two squares, one of these squares was charged- and;<brokén.A^

first squadron, and süp^pior^ed'bythe.!se

cónd, .immediately advanced upon the fca 'välryJwiiich'Was attacked with the^ same vigóur,í.and put to flight. ')? (During this time the other square, had succeeded in gaining the mountains against which Iodar in a mariner ; leansj and where the men who composed it disp'er'séd, flying in all direc- tions, while : Colonel d'Argoiit cáífspd the enemy's cavalry'fp hé briskly^pursued by the rest of his,trpqps.. ?^^.Thréidarir^enier-; prise, which has¡completed the destruction of a corps" composed of the revolutionists who were therriost implicatédand the most detenhinedp^has'costthe enemy 613; pri- soners1; among whom are one " general,* 6 colonels, and 87>'pffîc,erS'3 CO killed and wounded, among whom are several officers ; besides¡ which we took", ohp.pair of colours, 4 çjiêsis of" money,' and almost .all the bag* gagÇi! Oh 'our side 2'chassèurs were kill ed^and' ábóüt'20' wou'ridep\ but only four dangeróusly¡.' '.We 'had',2b ¡horse's killed, but they were.' almost alf immediately re-

placed by those we had taken.

?',After this brilliant affair, nearly i Ob* of- ficers^among whom are 4 of Riego's aides de-camp, arid above 200 horsem¡en, pre-

sented themselves to General Càrundelet, j cojnrriahäing the troops of Genf Ballasteros, j at Tjibeda; arid Riego' himself,! abandoned by, his hieri,' and iii disguise, having sought an, asylum irç à low farm] near ^Lrguillas, was arrested! thçrtépn.^the, iöÜi, with two Colonels apela Captain, hy the inhabitants of that place,' and1 conducted to the prison of La Caroline."      

Perpignani Sejit; 20.T-^hen the dérnànd wastmade for troops 'at Barcelona, . eight companies Of the foreign 1 egiqn were ready tpfh^arch,;ias.w,çli as ; a great number;of young men of the richest families of   Catalonia.            

The corps; of officers mädepriäohers, and who arrived yesterday^are of the 'finest description.            

                              The following are also extracts from     the same journal:-       : V South America.-St. Thorhas,

Àugi [26.-rThe -.Royalist General ; Mor- ales, isurreiidere.d by eaprtulatipn on the 3d. ihstant to the .Columbian forces.-r All:the,Spanish \tessels of war on the ka.ke,pi'Märacayoo were.giyen tiptOthe Patriots ; the troops haye Jiberty to < go to Cuba, and'Morales himself, with his staff,, &c:- have already sailed for the Havannah.          

Porto Cabello must now also surren- der ; and a prospect of security for çom- mercial men on the main begins to ap-

pear.                

       

Letters, of the',.^0 th' r July, receivéd ih .Qlasgbw this^môrhing i(0ct. 5)^ by way of !Liyérpó;oV'.irom Buppos; Ayres,. c'dm^ inuiiicate 'ilíe tecmsroí-Ván! agriaèmerit^bè twikt'tliç (^pyernnieui of Ihát, place'arid the Commissioners of the ¿irig q f Spahi;! A\\,Ims'tilities^reCto'cease,,witfiiri sixiy , days after tbief atiíicatíóh of ' the coil ven

tion; aád'tó'OontihuG to be suspfended for eighteen months ;' nOrsh'allHostilitíes recoriímencéindvcommerciaiintercóurse

be interrupted^ without 'four : months' prej'io'us h'otice.» j Each of'the; parties" is to be adjnittéd íntd.t the. bthërV jpo'rts;oh thle7|np^f fa^u^bie^ ^njefe

ca»|i|eipeJdple:.w1Qre in ¡ generalvpleàsijcl I lj withttji^ ¿he,a|äiui& |)^ there'were others lia who disapproved of any àrrangenïentis llf<

having'been made with Spain without a previous acknowledgment of the inde- pendence of South America ; and urged that a suspension of hostilities for the time mentioned woukTallow SjîânfEto rget out of hei piesent^diihouities, and to retufn upon them with'renewed pre- tensions and increased ^orce.^ ^As^a number of the members of the Junta were of the latter opinion, it was doubt- ed if the Convention' would be îatified. The 'subject was expected to come un-

der the discussion of the Junta m a few

days."

Mina, and the other Constitutional Chiefs ni Catalonia, appear tp^ \)eÀ re- solved to continue their resistance to the French.

His Grace the Duke of i Wellington had depaitcd horn England for the Netheilands, to inspect.the line of foi tresses. m'n ->

The Right Honourable Thomas W&U lace has been appointed Master and Worker of the Mint. '

Major General Sir John Cameron, K. C. B. has been appointed Lieutenant Governor of Plymouth, and Com- mander of the Western District, vice Sir Denis Pack, deceased.    

Lieutenant General the Earl of Hope- ton died m Scotland m August ; and

The celebratedphysi.cjan,JPi. Baillee,' died m London, in the beginning of

October.

Lord Napier died m Ireland on the 1st of August.

A Papei of the 3d of September an-

nounces the dpath of the late venerable Pontiff, Barnabi Chiar-vmonti, which took place at Rome on the 201h of August, m the 82d year of his age, and 24th of his Pontificate.-Pius V1Ï. was bom at Casena ; and in the death of His Holiness, the Chiistian World has to lament the loss of one of its

brightest ornaments-a virtuous and en- lightened Pontiff.

We have received a Sydney Gazette as late as yesterday week, by which we perceive that tile S,ir Godfrey Websjtei, lately norn this poit, had safely reached that place. The following arrivals are reported in that Journal:  

"On Monday last arrived from Ireland,   with 139 male prisoners, having   lost one on the passage, the ship Castle Forbes, Captain Ord. She left Cork the 28th of September, and called no where. The Guard comprised a  

detachment of the 40th, under orders of Lieutenant Richardson.

" On Sunday morning arrived, last from Amboynaj His Most Chiistian Majesty's corvette, La Coquille, com- manded by M.'Duperrey, who wasi hero 4 years ago as Second Lieutenant of the Uranie, with Captain de Frey CENET,ias weie also many of the other Officers. We understand that Geo graphy and Natuial Histoiy arc the principal objects of this expedition, which has been l8 months from France, and is hkelyito be as long again before it

reaches home.  

" Lieutenant-Colonel Balfour, of the 40th Regiment, with his Lady and family, have arrived ,on the Castle

Forbes.

" The Surgeon Superintendent qf the Castle Foi bes is Di., Andoison, R. N. This makes the fourth time this Gentle- man has visited Austiaha."

"The following trial in the Supreme Court at Sydney, on the 9th December last, wheiem Joseph Archer, Esq1. of thià Colony is plaintiff, and ^Captain Jeffery, of the sh'ip Berwick, defen- dant, we copy from the Sydney1 Gazette of the llrh' December :- J

This day the following1 judgment of the cCourt (]Vjtessrs Riley and Wemyss, Membei s), was delivered by Mr. Justice Field:'- >

This is an'action bi ought by the Con*

signée,1 in the^bill of lading, against the,, Master of the ship Berwièk, upon the toll of lading of twenty-four head of horned ^cattle and r snty4twQ Merino sheep, whereof and of the; increase only one bull lcalf and¡ thirty-six «heep a.n<$ lambs ¿were 'delivered at .the'Derwent, and also, foi the unconsumed provende?, forjpiufih ¡thereás,no ,b,dl of Jading. The

bill ofx lading' coüId«ri6t be received) in evidence for want of-a stamp; but if this werpa^mere action'for hoh-deliyèry oí',goods, a'nd the Couit saw plainly that tiley were the consignee's property, they would suffer him to recover the goods without the bill of lading. But these cattle and sheep, and their provender aä special goods, and in their nature mu . table antLconsumable ; and were the sub-

ject o? a special agreement between Messrs. King and Archer (the plaintiff's father) in Elland and the defendant; a verbal agreement (according to the evidence beroie us) for proper stalls and aiingc, and (as the defendant alleges) there was a written agreement between Messrs. King and Archer, and Messrs. Whiston and Hewitt, the shippers, as to the shipment and carnage, but as tha defendant cannot prove (in his turn) for want of its being stamped. 'We are therefore! of opinion,v that this action should bCvbrougllt by Messrs. King and Archer, who, made this verbal agree- ment "with! the defendaut, and paid the freight or" rather hire of accommodation, and that it cannot be maintained by the plaintiff, who was .not privy to the con- tract. It is absurd for the plaintiff to sue as consignee in the bill of lading, or as assignee of the propeity by other evi denceyfor the non delivery of-" twenty three .bullocks (as they are called by , mistake), sixty-two Merino sheep, and

one cow, in the like good order, and well-conditioned," when the greater part

of them were to calve and lamb on the.

Voyage, and when seven lambs and one calf were actually landed ; and when it was of the essence of the special agree- ment, between Messrs. King and Archer and the defendant, that they should find stockmen and provender, and he water} and'the bills of lading in this case must therefore be taken notas the transferable agreement between the parties, but (as they are when there is a charter party) as the mere evidence of the shipping ahd the receipt of the original cattle and sheep. How can the plantiff aver (as he does) that part of the said stock in the bill of lading, to wit thirty slieep, were delivered; when some of the sheep delivered were increase on the voyage, about which the bill of* lading says nothing ? The terms of this bill of lading would Have been complied with if the de- fendant had kept back all the increase. Messrs. King and Archer must sue the defendant upon their agreement with him, when it will be seen what accom- modation the defendant was to give what deals and siirtgs the shippers found,

&c. It is in evidence that Messrs.

King and Archer were dissatisfied with the accommodations at Plymouth, and talked of protesting ; but it is also prov- ed by the plaintiffs shepherds, that they were afraid of having the sheep remov- ed to a better berth, lest there should be more freight to be paid to the defendant ; tile plaintiffmustwait till the protest and fuller evidence of the agreement come

out.

Besides the counts on the bill of lad-

ing, there aire counts on the special agreement, in which it is averred, that the, defendant undertook to provide the

stock with water and accommodations. To whpm did he undertake this ? to the

plaintiff; No, to Messrs. King and Ar- cher ! and how therefore, dan the plain- tiff sue for the breach of agreement ?^

There are also counts for the pro- vender, respecting which there is no bill ofMading for the plaintiff tobe consignee of, and an averment that the defendant undertook to apply it to the support and

maintenance of the cattle. This under-

taking Was likewise * to Messrs. King and Archer, and not to the plaintiff. ¿Vye are very sorry the parties should be . put to such expence, when the evidence

at present before the Court, as to negii geuce and want of water, is all one way, but it will be Tnost material to see more

clearly, than by the evidence of one witness, who was to find and put up the stalls and slings, for want of which the heifers all died. . .

- In this action f the plaintiff must be nonsuited ; but full justice may be done in an action at the suit of Messr*. King

fand Archer, V t t "* \ \

i From the Sydney Gazette rof the, 18th 'November we also Copy the following ;* * j i Weare happy to announce the arrival of H. M.i cutter Mermaid, from(th.e Northward ; and are much gratified in beingable to acquaint our Readers, that,

as 'far as what we understand to be the

object of the voyage, it has been to a certain degree successful. It is impos-

sible here to enter into details. At

present we do little more than observe, that in Moreton Bay a fresh water river has been discovered, which, for extent and depth of water, far surpasses any thing hitherto known in New S,outh Wales ; and indeed inferior* to very few

rivers in the old World.

The pai ty ascended it about 60 miles, the river preserving its uniform breadth from a quarter to -a half a mile, and of sufficient depth to float ships of con- siderable burthen; and, from an adjacent eminence, a view of the interior of the countiy was obtained,'which rendered it (probable that it was uavigable to a much greater distance, particularly as the tide 'rose about 4g i feet, and ^here was rio apparent dimiiiuation of width or depth0 in the river. The country, ort the banks, appeared capable of raising all the dif- ferent descriptions of produce'" usually cultivated under the same latitude. .The timber'was abundant and good; and among various tices, of not generally known kinds, a lofty an elegant one, of the pine species, predominated.

The Mermaid has been the means of restoring two unfortunate men to civiliz-

ed life. Their names are Thomas Pam-

phlet and John Finnegan. These poor men sailed from Sydney, on the 21st of March last, in an open boat, intended to bring cedar from the Five Islands; and were then accompanied by Richard Par- sons (part owner of the boat), and John Thompson. They were driven off the land by a gale from the west; and, sup- posing they had been carried by the cur- rent to the southward, when the gale abated they pursued a northernly course, which they continued for near three weeks, before they were able to land. Their sufferings, owing to want of water, were dreadful ; and poor Thompson died of thirst before they landed. The wretch- ed sufferers were at length thrown on Moreton island ; and their boat being lost, they have since lived among the natives, who treated them with the ut- most kindness, and a consideration which indicated but little of the savage. Par- sons, in spite of the remonstrance of his companion, pursued his course to the   Northward along shore, being still in-

fatuated with the belief that he was to the Southward of these Settlements.

The Gentlemen in the Mermaid appear highly gratified with the intercourse they established with the natives of Moreton Bay, and think them a race very supe- rior to their Southern brethren. Many curious particulars, we understand, were obtained relative to the manners, and customs of the tribes inhabiting these northern shores, which we hope to be able to lay before our Readers in some future publication.    

Several discoveries, of minor import- ance, were made ; but all tending to in- duce a hope and belief, that the more the coasts and productions of this extensive country are explored, the more highly will the geographical and commercial   importance of this rising, though distant, Colony be estimated.  

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