MAGISTRATE FOR THE ENSUING WEEK, WILLIAM WEMYSS, ESQUIRE
Assize of Bread, the Loaf of Two Pounds, 7¼d.
Average Prices of Articles at the last Market :
Wheat, 13s. 6d. per bushel ; maize, 6s. 9d. per ditto ; potatoes, 12s. per cwt ; fowls, 2s. 6d. per couple; butter, 3s. per lb; eggs, 1s. per dozen.
SHIPPING INTELLIGENCE - On Saturday last arrived from Port Dalrymple, in ballast, the brig Gover-
nor Phillips, Captain M'Farlane. Same day, the ship John Bull, Captain Thomas Reibey, of the firm of Reibey and Wills, also
from Port Dalrymple. Her cargo comprises 6500 bushels of wheat, 20 tons of potatoes, 200 seal skins, 5 tons of sugar, 8 chests of tea, and sun- dries. Passengers, Mrs. Thomas Reibey and two children ; Mr. James H Reibey, part owner ; and Mr. Edward Wills.
On Monday the barque (formerly brig) Lynx, Captain Sibrell, sailed for Manilla
On Tuesday sailed for New Zealand, the brig Haweis, Captain Dibbs, and the cutter Snapper.
His EXCELLENCY the GOVERNOR in CHIEF came
to Town on Tuesday morning, for the Despatch
of Public Business.
A Council was held the same day in the Coun- cil-chamber, Government-house.
His EXCELLENCY returned yesterday to Parra- matta.
The name of the woman, on whom the Govern- ment kindly bestows the pension, is Mary Haines, and not Sarah Hynes, as erroneously inserted in the Government and General Order in the second column of our first page.
The first Act of Council, published in to-day's Gazette, will not fail to give universal satisfaction ; inasmuch as it involves a question of vital com- mercial importance, which is now completely set
We congratulate the Colonists upon the near publication of the AUSTRALIAN-a weekly news-
The Hobart Town Gazette, of the 10th instant, announces the arrival at that Settlement of the Australian Company's ship Portland, Captain
Snell, R. N. having on hoard 87 passengers, and
left Leith the 1st of April, and on her passage
touched at Rio de Janeiro
The Denmark Hill may be looked for hourly al Headquarters. The following are the passen- gers that have emigrated per this opportunity :— Mrs. E Foreman, wife of the commander; Mr. and Mrs. Ries and two children-one of whom was born on the passage ; Miss Matilda Jennings, Mr. George Bunning, Mr. Wm. Elliot, Mr. Wm. Malcolm, Mr. Thomas Gregory, Mrs Selina Tomlins, Mr. Robert Pringle, Mr. Wm Gibson, Mr. Thomas Bickett, Mrs Mary Marshall, Master Wm Marshall, and Elizabeth Davis. All these passengers, with the exception of one, have set
themselves down in Van Diemen's Land.
The following is a list of the Passengers who have arrived at Hobart Town per the Australian Company's ship Portland, from Leith :-Mr. Da- vid Murray, Mrs. Murray, and two children ; Mr. John Clark, Mr. William Bow, Mr H. Sin- clair, Mr. H. D Murray, Mr. W O. Davies, Mrs. Davies, Mr. John Wallace, Mr John Watt, Mr. Colin Bain, Mr. R. Campbell, Miss Campbell, Mr. John Thomson, Mr. T Pitcairn, sen Mr. T. Pitcairn, jun. Mister R. Pitcairn, Mr. George Burn, Mr. David Blair; Mr. Thomas Young,
Mrs. Young, and two children ; Mrs. Mactavish, Miss Janet Anderson, Mr. C. Thomson, Mrs. Thomson; Mr. John Young, Mrs. Young, and three children; Mr. Christian Glass, Miss Janet Glass ; Mr. A. Kinghorn, sen. two sons, and three daughters; Mr. Alex Dykes, Mr. John Seaton, Mr. Adam Prissell, Mrs. Prissell, Mr David Rat- tray, Mrs. Rattray; Mr. A. M'Dowall, Mrs
M'Dowall, and five children ; Mrs. Marian Duff, Master Duff, Mr. James Jeffrey, Mrs. Jeffrey, Mr. James Dickson, Mr. David Anderson, Mr John. White, Mr Alex Knox, Mr. R. H. Marr, M. D. Miekleyjohn. Mr. Arch. Smith, Mr. R. Williamson. Mr John M'Leod, Mr. James Mac- kay, Mr David Burns, Mr. Alex. Buchanan, Mr Peter Buchanan. Mr. Alex. Gillies, Mr James Forsyth, Mr Peter McIntire, Mr. T. Mclntire or M'Intire, Mr. Alexander Dick, Mr. James Black, Mr. Wm Logan, Mr. Henry Shanks, Mr. James Thomson, Mr. Thomas Birnie, and Mr. Alex. Rose.
We have been obligingly furnished with the perusal of the only two latest Hobart Town Gazettes in the Colony, from which we have been careful to make the most important selec- tions. Our Readers will perceive, on glancing at these extracts, an account of a very extensive robbery that has been committed in the residence at the Colonial Treasurer in the sister Colony, whereby the public chest has sustained a loss of a sum bordering on £5000. Petty robberies will go quite out of fashion shortly, if the gentlemen of the trade are allowed to practise their arts with impunity. The world at large cannot en- tertain a mean opinion of our Colonial wealth when such ravages are made upon our public and private funds !
The name of the man, who committed the robbery on the Colonial treasurer at Hobart Town, is John Best. He is a crown prisoner, and had been treated by Dr. Bromley in the most tender manner. Government has offered 50 pounds, besides a free pardon, for the apprehension of this ingrate.
Monday evening next, the Fourth Anniversary of the Wesleyan Auxiliary Missionary Society
for New South Wales, will be held in Macquarie street Chapel. Much interest has been excited at every former Annual Meeting of this Institu- tion, but it is expected considerably to increase on the coming occasion. The chair will be taken, at six precisely, by GEORGE BENNETT, Esq. one of the Gentlemen of the Deputation from the Lon- don Missionary Society.
We feel almost inexpressible pleasure in report- ing, upon certain good grounds and cool calcula- tions, that there is a sufficiency of wheat in the Co- lony, if not an abundance, to answer the purpose of consumption, for the ensuing eight-weeks ! As in that period the sickle will be in diligent exercise, perhaps it would be as well for those, who are now withholding their grain from no very honor- able motive, to evince some compassion for the poorer orders of the community, and either sell the same for what it will now bring, or act more nobly, and at once reduce the price. That gold will not afford much pleasure, in a dying hour, which has borne ponderously upon the poor.
MURDER OF MR. CHESHIRE.—We think we may venture to announce that this tragic affair, which occurred some months ago in the vicinity of Richmond, is at length coming to light. Several parties are in custody, and private examinations have been taken before the Superintendent of Police, whose scrutiny the guilty will not be suc- cessful in eluding. We understand the final examination is fixed for this day.
THE SCHOONER SAMUEL.—The following is the account of the recent massacre at New Zealand, which we have received from an undoubted source :—On the 27th of July the Samuel, having been carried there by contrary winds, came to an anchor in Cook's straits, which separate the two islands of New Zealand, and were employed for a day or two in procuring water, &c. the most friendly terms existing between the natives and
the crew. On the 31st of the same month no
misunderstanding had arisen, which induced the master, Mr. John Dawson, and five seamen, viz. John Clurty, George Jewlyn John Harris, John M'Laughlin, and another, with whose name we are unacquainted, to go on shore quite unsuspi- cious and unarmed. They had scarcely touched the ground, when, without a moment's warning, the savages rushed upon our ill-fated countrymen, and presently butchered them with their massive clubs ! Thus have we presented to us another awful admonitory instance of the ferociousness of these barbarians, and the great caution at all times necessary to be observed in intercourse with them. The remaining crew of the Samuel were naturally struck with consternation and- horror at the deplorable event which happened before their eyes; and they immediately weighed for this Port. It is a fact too well authenticated, that these people are utterly regardless of human life, look- ing on their enemies and slaves as lawful food, and as much obnoxious to be slaughtered, as, in our opinion, a sheep or a bullock.
It appears from the following interesting narra-
tive, that the black natives to the northward of Bathurst, still continue their depredations : —
About three weeks since, Mr. Chamberlane, an
-.".... v. .. »J«. 0"X, of Clarendon, with two
stockmen, went from Daly to Mudgee, about 80 miles from Bathurst, to collect and muster a herd of horned cattle there stationed, when they fell in with a tract of cattle, which they followed to an extent of upwards of 60 miles to the N. N. W. Here they saw a very large number of natives, driving some horned cattle before them, about 40 head. As soon as the natives observed the three men, about 30 of them hurried back and began throwing spears, &c. at Chamberlane and his party, who were fortunately well mounted, as well as armed. The overseer, finding it impossible to contend with such a number, retreated ; the natives followed, shouting and throwing their spears and boomer- rings, when one of the latter struck Chamber- lane's horse, and cut a piece out on the ribs ; he immediately turned the horse round, and shot the man dead. Again retreated, loaded, and turned the second time, and shot the headmost native dead. He then retrograded again, loaded, turned, and shot a third man dead, whereupon the natives stopped, and the overseer with his two men rode on till after dark ; they then dismounted to rest their horses and themselves, and remained all night without any fire, fearful of being discovered. At daylight they again mounted, and got into a tract of cattle to the W. N. W. and after riding about 20 miles, they gave up the pursuit for want of provisions. On their return towards Mudgee, they unexpectedly came to a place where there were a number of natives' fires, and an immense quantity of arms laying round them, consisting of spears, boo- merrings, &c but not a living person to be seen. It appeared that the whole of the natives had been en- gaged in burying the three men that had been killed the preceding day. The party immediately dis- mounted, and heaped the whole of the arms on the fires ; and, whilst they were in the act of burning the same, a large number of natives (men, women, and children), came suddenly towards them. The overseer and his two men immediately mounted their horses and retreated, followed by about 40 native men ; but they had few arms with them, which they threw with great fury. The overseer, warily watching the natives, and finding that they had nearly expended their arms, he and his men dismounted, tied their horses together, and faced about, commencing a fire of musquetry on the na- tives, then charged them with the bayonet until they were completely routed and dispersed. The natives left sixteen men dead on the field, and their weapons were completely destroyed. After the fight the party returned in safety to Mudgee, and from thence the overseer, Mr. Chamberlane into Bathurst, to report the above circum- stances to Mr. George Cox, who took him to the
It appeared in the overseer's examination before the Commandant, that 122 head of cattle were still missing from Mr Cox's herd, besides a number of Mr. Lawson's. The Commandant, with four Ma- gistrates about forty soldiers, and six mounted settlers, left Bathurst for Mudgee a few days after; and as the overseer and several of the mounted settlers know that part of the country well, then is every reason to hope that they will come up with the natives and put an end to this sanguinary and desultory warfare. One of the three natives that
first fell, was a well known chief, named Boucher.
We conceive that we are not too sanguine in calculating that the Expedition which left our Port, on the 24th ultimo, under the direction of Captain BREMER, C. B. of H. M. ship Tamar, may, about this period, have reached its destination on our North-west Coast. Some time must elapse, no doubt, 'ere we can receive any notification of this circumstance ; and, in the first moments of debarkation and settlement, we can well believe tbnt there will be few attached to this Expedition who may not have other employment than that of writing details. If we are not mistaken, this pressure will be the heavier on account of the ap- proximation of the rainy season, so much more severe in tropical climates than with us.
We are happy, to assure our Readers, notwith- standing that we have not neglected to make interest for direct communication from a private but authentic source, whenever the opportunity may occur for its transmission, and great pleasure we shall have in laying it before them.
Never, perhaps, was a wider field extended for the public curiosity. Here are objects of interest for the statesmen,-;the philosopher,-the, man of scientific research in every branch-for the agri- culturist, and the merchant.
For centuries the Malay race have been the scourgers of the Eastern seas :—but now they are become our connecting link, and the medium of our intercourse with the natives of Asia that think lightly of our refinements, and are careless about our friendship.—We have ever found by experience, that more is to be effected by the in- strumentality of these barbarians, than by the establishment of factories, and the mission of splendid and costly embassies. And we are to look for the dissemination of the truths and blessings of the Gospel, and the advancement of our commer- cial interests, by the co-operation and intervention of Mahommedans, infidels, and vagabonds !
The geologist and mineralogist will look towards the North-western portion of our Continent with more than ordinary interest, as well on account of the paucity of materials for such researches in these latitudes, as from the greater scope for spe- culation presented by the localities of our North- west Coast. Its contiguity to Timor, abounding in auriferous streams ;—to Java,—Sumatra, Banda, rich in diluvial tin, and other minerals;
and if there be any of the various hypotheses of M. Cuvier, or Professor Buckland, that can derive illustration from the continent of New Holland, where can such elucidation be more reasonably sought for than on its North-west Coast ?
Already have we glanced at the commercial benefits which we are sanguine in anticipating, at no distant period, from the North-west Settle
ments. Near as we are to the ' Celestial Empire,' we are now absolutely paying nearly double the English prices (ex duty) for teas.
In the present situation of the Colony, as re- gards persons escaping from their unsuspecting creditors, we venture to "give the following extract from a London Paper of March last : —A resident in Moscow who wishes to quit Russia has a deal of trouble; he must first get a certificate of his conduct that no complaints of debt are lodged against him, and that nothing retards his depar- ture from the kvartalnick. This testimonial he must himself present to the chastwai pristaf, who
furnishes him with another certificate : this last he again personally presents to the head police master, which being signed, he goes to the print-
ing office, and delivers it to the conductors of the Moscow government newspapers; all these pre- rious steps being necessary to obtain insertion, the name now appears in the newspapers three times. A petition is next presented to the military Governor, and afterwards a personal application is made to him in the morning. The passport is then ordered, and may be got in a day or two, or, if well managed, almost immediately.
On Thursday afternoon last, a long-boat, belonging to Mr. Dickson, of the steam-engine, with 300 bushels of wheat on board, while on the way from the King's wharf round to that of tbe proprietor, was overtaken about the centre of Cockle bay by a sudden gust of wind, which had been blowing strong all the afternoon, and immediately went down, with the cargo. This misfortune would not have produced lamentation in the mind of Mr Dickson, had it been unac- companied by any other calamity, but, unfortu- nate to say, two more of our fellow creatures met with a premature destiny. There were three men in the boat, and only one succeeded in reach- ing the shore-whilst his companions went to the bottom ! With considerable exertion the boat has since been raised, and some of the wheat. One of the bodies of the poor men was found with his right hand grasping a rope, which no doubt he had seized while in the act of sink- ing. Thus seven men have been drowned in the course of the last fortnight, within our harbour—notwithstanding that it is, without ex- ception, one of the finest in the world.—We should be always ready to encounter DEATH ; for, in such an hour as we think not, the SON of MAN
From what has come to our knowledge during the past week, it would appear, that the Com- mander of the Ardent never once entertained any idea of running his ship on shore, in the tremen- dous gale which that Vessel encountered ; but that such was the intention of the Commander we were informed, by respectable and not idle authority, actually to be the case. So vaguely, however, did we report the circumstance, that the words " it is said" commenced the para- graph, in order to show, notwithstanding the cre- dibility of our authority, that no great importance was attached to the intelligence; and that if was said repeatedly, many of our Readers must doubt- less have heard ; but that it never was once con- templated to run the vessel on shore, we are now desired to say. While upon this subject, we cannot avoid remarking upon the happy knack some people have of twisting a casual observa- tion to the disadvantage of those whose motives were innocent and sympathetic. There are cer- tain characters in the world who delight in no- thing more than pervetting the truth; and though we may make a mis-statement occasion- ally, there are none more ready, upon solid grounds to repair the damage than ourselves, and none who have less intention to offend; but
the TRUTH, experience teaches, is difficult to be got at in too many instances. Well might the heathen writer exclaim—" Veritas in puteo!" The story of the man and his ass often powerfully recurs
to our mind.
SUPREME COURT OF CRIMINAL JURISDICTION SEPTEMBER 23.-On Thursday last the Court re- opened at 11 o'clock ; when
William Lewsy was put to the bar.—This pri- soner, it will be recollected, had been previously indicted for feloniously committing an assault on the person of Joseph Searson, at the Settlement of Port Macquarie, on the 9th of December last, and wounding the said Joseph Searson on the head with an axe, with intent to kill and murder; but the trial was then put off, at the entreaty of the prisoner, to give him the opportunity of procuring evidence (said to be material) from Port Mac- quarie.
In support of the information, which was briefly opened by the Learned ATTORNEY GENERAL, Joseph Searson was called. He deposed that a dispute had originated between the prisoner at the bar and himself, about a week prior to this transaction, relative to some flour that was owing to the prisoner from the prosecutor in barter for a jacket. A few days subsequent to this quarrel, the prosecutor was ordered by his overseer to pro- cure some wood ; and when beyond sight of the station at which the prisoners were worked, the prisoner at the bar overtook him ; and, without uttering a word, struck him on the back part of the head with an axe, and then made off. He saw the prisoner afterwards at the hospital, and is positive that he is the man who gave him the blow.
Dr. Moran, Resident Surgeon at Port Macqua- rie, examined Searson about 9 in the evening on the day he was wounded. He had been conveyed to town from the lime-burners' gang, three miles distant, in a state of insensibility, which arose from an injury in his head. There was a very extensive fracture in the head, and a great de- pression of the bone : he was so dangerously wounded, as to induce the Surgeon to think life would be extinct in 24 hours. Dr. M. raised the bone from the brain, when sensibility returned ; and Searson, the prosecutor, then declared the prisoner at the bar (Lewsy) was the man who had reduced him to that state. From the indentation of the wound. Dr. Moran was of opinion that it had been caused by the back part of an axe.
Other witnesses were called who spoke as to the dispute which existed between the prosecutor and the prisoner, and who further stated that the
latter had expressed a determination to be re- venged on Searson the first opportunity. It was also given in evidence that the prisoner, after being taken into the presence of the prosecutor, whilst in the hospital, declared that he was sorry he had not terminated his life—as he would then have been prevented telling tales, or some words of similar and conclusive import.
Mr. Rowe made two legal objections in behalf of the prisoner:—1st, that the charge mentioned in the information did not follow the words in the statute (commonly called Lord Ellenborough's Act) STRIKE and cut-the words in the statute being STAB or cut ; and 2dly, that, from the evi- dence which had been adduced, it clearly ap- pealed the instrument was not a sharp instru- ment, as required by the statute to constitute the capital crime with which the prisoner stood charged, but that the blow was given, and the wound inflicted, by the back of an axe. Mr. Rowe suggested to the Court that the words of the sta- tute must be strictly followed—it being so laid down in Law ; and, as there could be no doubt that the information varied with the statute, and that the blow was given by an obtuse and not a sharp instrument, he hoped that the prisoner would have the benefit of these objections.
The CHIEF JUSTICE, in summing up the case to the Jury, stated, that there was no doubt of the fact that the prisoner at the bar had made a pre- meditated attack upon Searson, with an intent to kill him; and in the execution of such intent, that he had fractured his head with an axe, so as to cause a depression of the brain, and render the recovery of Searson almost desperate.Had Sear- son died, there could be no doubt that Lewsy would have been guilty of murder ; but the question was,
whether the case was within the Act. The statute enacied, that any person who should " stab or cut" another, with intent to murder, should be adjudged guilty of felony. In the construction of the words stab or cut, it had been holden that the offence could only be consummated in the one case by an instrument having a point ; or, in the other, a sharp edge.Thus it had been decided, that striking with the blunt end of a hammer, or with a square iron bar, was not a cutting or stab- bing within the statute. It was for the Jury to de- termine, whether, from the evidence before them, the wound inflicted on Searson was by the edge, or the back part of the axe. If by the latter, which the evidence of Dr. Moran went strongly to estab- lish, the case was not within the statute. It was not for the Court, or Jury, to speculate upon what might be the law;—the province of the one was, to interpret the law as it found it ; and of the other, to determine the evidence. The Jury, without retiring, found the verdict Not Guilty.
William Henry and Richard Allen were in- dicted for feloniously stealing from the warehouse of the Australian Company, sundry coats, waist coats, trowsers, and shawls, amounting to £150, and upwards.Both the prisoners were found Guilty, and remanded.
The KING against SHARLAND.—The prisoner was tried under the statute 43 Geo. III. called Lord Ellenborough's Act. The offence was stated
to have taken place at Penrith, on the 11th of July
The information contained a second count against the prisoner for an assault with intent to murder, but the statute being omitted, the second charge resolved itself into a mere misdemeanor at common law. The Jury found a general verdict of "guilty.' Afterwards the Attorney General entered a nolle prosequi on the first count, and prayed judgment on the second; but it was contended by the counsel for the prisoner, in arrest of judgment, that the information was irregular, because it did not lay the offence in any county, although the facts were proved to have been done in the count of Cumber- land; that the offence charged amounted in fact to felony, and could not receive judgment as for a misdemeanor. The Court took time to consider the points, and on this day gave judgment, of which the following will be found to be a correct
The CHIEF JUSTICE.— "The objections which have been raised in the present case, are partly matter of fact, and partly matter of law. I shall make a few observations upon them, in the order inwhich they have been raised. The first objec-
ion goes to the omission of the county, in which the offence charged against the prisoner was proved
to have been committed. But it appears to me there is a preliminary question to determine,— has
his Colony ever been, In fact, divided into counties and, supposing it to have been so divided, are all the legal considerations incident to counties in England, necessarily applicable to the present con- dition of this Colony ; The King, in virtue of his executive authority, may, I conceive, cause any of the Colonies dependant upon his Crown to be divided into counties and parishes; there is an opinion of Sir Dudley Ryder, and Lord Mansfield, at the time he was Solicitor General, to that effect. But, I apprehend, that in order to give the full force of law to such a measure, it must be done in pursuance of an express authority from the Crown I feel rather confirmed in this opinion, by referring to the patent commission of the Governors's the Colony, in which, although a great number of specific powers are given, and amongst others the power to appoint fairs and markets, "as well as ports and harbours ; there is no power expressly given to divide the settlement into counties, nor does the commission contain any general words from which such a power can be inferred. It was doubtless in the recollection of the advisers of the commission, that this Colony had not yet received the right of choosing representatives, or of trial by a jury of the county, and therefore the power of erecting counties, with all those incidents which are essential and inseparable from counties in Eng- land, appears to have been wisely reserved for a more advanced age of the Colony. The King may indeed communicate to his representative is many of his royal powers as he may deem necessary for the government of his Colonial subjects ; but all such powers, unless they be clearly incidental, can only be communicated by express words ; for the grant of the prerogatives of the Crown, like all other royal grants, are to be taken strictly against the grantee, and cannot be extended by construe- tion. It does not appear to me that there has been any power within the Colony to divide it into coun- ties, with the legal incidents of counties ; nor do I collect, from the orders issued by the Governors of New South Wales, which I have been enabled to find, that any thing more was intended by them, in giving the names of counties to particular divisions of the territory, than to afford convenience and certainty in the description of particular places. The first order upon the subject I have met with, is one of Governor King, in the year 1802.
" The order of Governor Bligh, dated the 22d of September, 1806, professes merely to define the limits of the several military commands within the Settlement. That of Governor Macquarie, in 1810, in which his Excellency was pleased to call the newly discovered county beyond the mountains, by the name of the county of Westmoreland, was, I apprehend, dictated in the same spirit.
" Entertaining the opinion which I do upon the matter of fact, it is the less necessary to observe upon the law of the case. I shall therefore briefly state, that the rule of law which requires the specific county to be named in the indictment, or information, does not, in my opinion, apply here. In England, the institution of counties is coeval, at least, with the trial by jury. It is part of the law of trial by jury, that the jury should be returned from the county where the offence is alleged lo have been committed. Hence, for the convenience of trial, circuits were instituted throughout the different counties in England. It was always, however, in the power of the Court of King's Bench to try at bar, if the necessity of the case should require such a manner of trial. This Court is a Court of King's Bench ; and, in virtue of its Supreme Jurisdiction, may hear and deter- mine every case which can regularily be brought before it. Although trials at bar are rarely resulted to at home, it is merely because it is more con- venient to proceed at the assizes. In the applica- tion of this principle of convenience, the Court is governed by circumstances ; and applying the same principle of convenience, I should feel inclined to hold, independently of any express law that it would be more convenient in this Colony to bring offenders to the bar of this Court, than to remove the Court, composed as it is, of officers whose pre- sence at the garrison is essential to the security of the Colony. Again, by the express words of the Act, this Court is constituted a Court of Oyer and Terminer, and General Gaol Delivery, in and for New South Wales;—-not for the couunties or divi- sions of New South Wales but for the whole Colony at large. Had the Legislature intended it to be itinerant, it would have added the Commission of Assize and Nisi Prius; but in adding to its au- thority as the Supreme Court of the Colony, the commission of Oyer and Terminer, and Goal De- livery, it appears merely to have intended to sim- plify its proceedings, and render them more active.
" Upon the whole case, I am of opinion, that it is not necessary, in any criminal proceeding in this Colony, to state the offence to have been committed
in any particular county, provided there be words sufficiently descriptive of the place to bring it within the jurisdiction of ihe Court, and to give the party accused every benefit of defence. ' '
" Upon the second ground I am of opinion, that as the offence charged as a misdemeanor, does in in fact amount to a felony, that judgment must be arrested upon it. There is another ground which
leads to the same conclusion; it is this :—The party , has been prosecuted for a felony, and consequently deprived of those benefits which he would have
been entitled to, if he had been tried for misde- , meanor --a copy of the information, a special jury, and the advantage of a full defence by counsel; therefore judgment must be arrested."
By a late Monthly Extract of the Sunday School Society for Ireland, we are enabled to ascertain the state of the criminals in New- gate (London), as to education, which will be found entitled to attentive regard. The
number of prisoners committed to the gaol of Newgate in 1821, appears from a late Report
Under 20 years of age 655 Male 99 Females Above that age. 1043 Males 327 Females
Great as this total is, it is satisfactory to find that there was a decrease in the committals of 10 per centum; but the list of juvenile offen- ders still remains affectingly large, and de-
mands perseverance in all those efforts, which the rapid increase in youthful depravity in the last few year has called for . This subject has made a strong impression, which is an important circumstance ; for that a part of
the evil has resulted from a neglect which may
he remedied, as well as from circumstances which human power cannot control, we are fully convinced : and when the evils which result from sins of omission begin to be severely felt, a more vigorous application of dutv mav be anticipated. We shall have occasion to advert to this subject at a future
time ; at present we have only room to state, that of 1305 criminals convicted at the Old Bailey Sessions in 1821, 40 were between the aeres of 10 and 14, 246 between 14 and l8, and 291 between I8 und 21, making a total of criminals under 21 years of age, 577, or nearly one half of the whole convicted. Another fact has been stated in this Report, which it will become all who are engaged in promoting general education, very seriously to ponder. Of the 2124 persons committed to Newgate during the last year, more than two-thirds of the whole could read, and three fifths of them could write also. This was not so formerly. The majority of criminals throughout the kingdom were ignorant of both reading and writing ; and that the case is now reversed, is a strong fact to prove that the morality of a country is not served by the mere diffusion of these arts. When we speak of the moral controul of education, we must no longer speak vaguely, as though knowledge of any kind is retraining to vice, and corrective of natural corruption. The only kind of educa- lion from which this is to be expected, is, "instruction in righteousness;" the careful J implanting of the doctrines and principles '
ot the whole of our divine religion in the hearts of the young, and habituating them to respect and attend the public worship of GOD.
It is not by simply rousing the dormant intel- lect, but by giving it a right direction, that this great end is to be answered. Conscience
most be brought into vigorous exercise ; and it is a maxim which the conductors of the education of youth ought never to lose sight of, thal conscience is judgment, and operates in proportion to our knowledge of the divine law, and the force with which we feel its sanctions. Conscience cannot be produced without re- ligious instruction; and, without the control of conscience, human laws possess but a very partial power of restraint.
We embrace the present opportunity of publish- ing the following useful hints for the cultivation of English graces: -
Red and White Clover.-The quantity of these feeds, sowed to the acre, should not exceed twelve pounds, unless for the forming of pasture, in which case two bushels of rye grass, should be used with it. The season best adapted in the southern hemisphere in the month of October, and as this system will infallibly produce good herbage, it will be beneficial to the pasture to mix a quantitv, in thirds, of clover, red and while, with trefoil, and, annually in Hie spring, scatter about six pounds to the acre of the above mixture. Clover, for the purpose of producing seed, is Bown in barley . and allowed to stand through the winter; the following summer, after being once cut for hay, it will again blossom, and then the seed is collected. Clover will grow upon any soil.
Lucern is considered particularly fine food for stock. This seed should be sown in drills, twelve
pounds to the acre, care being taken to keep it free from weed, It may be cut many times during the year, and is capital food tor stock in the winter - season. Being a perennial, its cultivation is con-
sidered highly valuable for this countrv. as it will not ripen unless in a warm climate.
Lucern requires a good land, but it must not be wet ; and if not overgrown with weed, will last forever
Cow grass resembles clover a good deal, and is also much esteemed for cattle- ; and, from the circumstance of the stalk being hollow ; it has the advantage of not producing that degree of flatu- lance, which green clover, when taken to excess, frequently produces
HOBART TOWN, SEPTEMBER 3.-Joseph Hone, Esq. Mlister in Chancery and George Butler, Esq. have been admitted in the Su- preme Court, the former as a Barrister, and
the latter as an Attorney, Solicitor aud Proc-
Dispatches were received this morning from New Norfolk, stating that the bush rangers had visited a sawyer's hut yesterday morning, at the back of Mr. Cook's farm at the River Plenty.-Just as Captain lnnes's party was coming up, an alarm was made by some dogs barking, by which we regret to state the ban- ditti escaped into an immense scrubby wood, leaving behind them all their provisions, kan- garoo dogs, and several fire-arms. So closely were the gang pursued at first, that the soldiers were almost within gun shot of them. The
pursuit was continued till a late hour last night, and sanguine hopes were still enter
tained of the speedy apprehension.
Musquito, the sable offender, who was lately taken and wounded by the black boy named Tegg, was this day removed from the Colonial Hospital to the County Gaol. It is supposed
that he will recover.
On Sunday last, as Mr. Henry Cautley was taking a ride on the high road, accompanied by several other gentlemen, he was thrown from his horse; his skull was inconsequence severely
fractured, und we regret to add, that this un- fortunate gentleman expired on Wednesday last, at his lodgings at Stodart's Hotel, where a Coroner's Inquest was sitting on the body when this paper went to press. -Mr. Cautley was one ol the Solicitors of the Supreme Court, and has recently arrived in the Colony.
SEPTEMBER 10.-"Ihe contrivances for carrying on depredations by servants up their
masters, are to varied as frequently to baffle all ordinary prcautions ; for however well watched, workmen and servants may be as to egress und regress to and from the premises,
there are methods of offering robberies as is the case iu the following:-It is known
that E.F. Bromley, Esq. Naval Officer of this Settlement, is also Treasurer of the Co- lonial Revenue. 'This Gentleman, as must be supposed, has in consequence generally a large sum of money in his possession, which is always deposited in a strong iron-chest, placed for security in his own bed-room. The key of this chest has been invariably locked up in his bureau, in another apartment on the same floor, at the other end of the building, and the key of it carried about his person. Notwithstand- ing this and other precautions, one or two of the domestics found means to obtain the key of the chest, by opening the burean with a picklock key; and on Sunday morning last, while Dr. Bromley was from home, one of them was detected in the act of rifling the chest of its contents. In attempting to secure the prisoner, Mrs. Bromley had to struggle with him from the top to the bottom of the stair case, where he extricated himself, and got clear off with his booty, taking also the key of the iron-chest. The other offender, who is considered to be equally guilty, is how- ever lodged in safe custody; and several other
male and female servants have been likewise, taken up on suspicion of being accessaries. In a similar manner, and from the same chest, we understand cash has been occasionally taken by the same parlies for some time past. The amount actually stolen has not been yet exactly ascertained, but it supposed to be from four to five thousand pounds.
On Saturday last, Neils Bastian, a baker residing in Bathurst-street, was summoned be- fore the Superintendent of Police, for char- ging one penny more than the assize price fixed bv the Magistrates for a 2lb. loaf of bread. This being his second offence of a similar na- ture, he was fined in the penalty of twenty
The assize price of bread, as regulated by the Bench, is now as follows :
Fine loaf, 2lb. 6 & half d. Coarse ditto, 5 and half d.
We last week mentioned, that a Coronet's Inquest had assembled to view the body of Mr. Caulley, who had died in consequence of a fall from his horse. After a patient investi- gation for two days, a verdict was returned accordingly.
BIRTH-At her residence in George-street, on Monday se'nnight, Mrs. JAMES UNDERWOOD, of
At Launceston, Port Dalrymple, on the 26th of. August, the Lady of Thomas Thomson. Esq. Naval Officer of Port Dalrymple, of a Son.
MARRIED-At Hobart Town, on the 7lh instant, by Special License, at St. David's Church, by the Rev. W. Bedford, Mr. James Aitkin, lo Jane, eldest daughter of Marcus Synnot, Esq. of Bal- lymore; County of Armagh, Ireland.
- DIED-At his residence in Pitt-street. on Tues- day morning last, after a lingering and painful illness, which he sustained with pious resignation, JAMES MILEHAM, Esq. This Gentleman came to the Colony almost on its establishment-having
been here a period bordering on 30 years. For many years Mr. Mileham was Senior Assistant Sur- geon on the Colonial Establishment in which im- portant situation he had rendered himself univer- sally respected and beloved. Latterly, however, from bodily infirmity, principally originating in devotedness to public duty, Dr. Mileham found it necessary to retire into more private life. Dr. M. was a Justice of the Peace for the Territory, and had been so long in that elevated and arduous post, as to form only the fourth on the long List of our present distinguished Magistracy. Dr. Mileham will long survive in the remembrance of his numerous friends; while his deprivation will be sincerely deplored by an affectionate widow.