ordered to investigate his conduct. He must have been fully aware of it.

Thomas Edward Sampson.-I am a major commanding the 22nd regiment. I knew the late Lieut. Tulloch. On the occasion of his illness, I was president of the committee, which was ordered to inquire into the cause of the wounding received by Lieut. Tulloch. The committee was ordered by Major-General Cartwright. I saw Lieut. Tulloch on the morning of the 28th. I found him capable of being spoken to. When I saw him, I mentioned the object of my visit. I cannot repeat the words I used. I told him we had come to take his statement regarding the duel between him and Mr. Nelson. I explained that he was to give his declaration as that of a dying man. When I remarked this to him, he said he would tell all he could remember about the affair. I think I told him before the declaration was noted down; but certainly it was told to him before the written declaration was read over to him. He was aware he was in a dangerous state, and said so before I read the delaration over to him. I read it to him after he was perfectly aware he was in a dying state. I told him so, and Dr. McKinnon told him so. I heard from the doctor that he was in that state. Before the statement was finished, Dr. Triton came in. He was present when I read over the declaration to Lieut. Tulloch; but I believe he was not present when I told him he was in a dying state. From what we told him he could entertain no hope of recovery. There is a paragraph in the declaration which I wrote and read to him, to the effect that the foregoing statement was given in expectation of speedy dissolution. I cannot say, if after that I heard him express any hope of recovery. When I went to his quarters he was under bodily exhaustion, but his intellects were clear, and he at once understood all that was said. swers were certainly those of a rational man. He saw me writing down by his bedside. I took down in pencil what he said; and Lieut. Wilson wrote what I took down. The copy was then read to Lieut. Tulloch. This is the paper and the copy I read over to him. When I read it, I think he caused an alteration to be made, which is noted in the paper.

His an

Cross-examined by Mr. Morton.-I am the commanding officer of Lieut. Tulloch's regiment. A committee of inquiry had been ordered into his conduct. He had intimation of it. As far as probability went, I thought him a dying man. I cannot swear to my words, but it was to the purport that there was no hope-he was dying; that is, in all human probability, he was certain to die. Both I and the doctor gave him to understand there was no hope for him. We did not absolutely say he would die the next morning, but from what was said, he could have no hope. I stayed some time after, at I took the statement of other gentlemen. I I do not think he was a man very likely to be impressed with the solemnity of the occasion.

By the Court.-I went there to hold an inquiry respecting the occurrence-not especially to take a dying statement. I converted it to a dying statement because I understood that such a statement was equal to a deposition on oath. It was my object to assure him of the certainty of death, so as to make the document a formal one. In the way he received my communication, it is my impression that he had no hope of recovery.

By the Jury. I knew Lieut. Tulloch slightly since 1836; his disposition was not such as to be apt to take offence.

Lieut. Wilson recalled and examined by the Advocate-General.I was one of a committee of inquiry. I attended when Lieut. Tulloch's declaration was taken. It was chiefly in answer to questions put by Major Sampson. Lieut. Tulloch was perfectly sound in mind to comprehend the questions. I was present the whole time. Before the examination nothing was said, but after the declaration was taken, he was told he was in a dying state, and it was read over to him twice; once after it was copied fair, and again when Dr. Tritton arrived. I only heard him remark something to the effect that he would never get off the bed again. The whole of the declaration was read over to him twice. I think at the commencement he said he would not get off his bed. Major Sampson, I think, repeated two or three times, "You are aware, Tulloch, you are in a dying state." I do not think he made any remark on that being said to him. I heard him express no hope of recovery then or after the writing. The general in command of the division had directed the committee of inquiry with a view to elicit as much information as was possible respecting the transaction.

Cross-examined by Mr. Leith.-The words used by Major Sampson were, "You are aware, Tulloch, you are in a very dangerous state." After the statement was taken, I did not speak to

him. I did not know him.

out.

Mr. LEITH objected to the declaration being admitted as evidence. The learned counsel said he was aware that the law admitted the dying declarations of persons in evidence not made on oath it was, however, allowed only under stringent conditions. The learned counsel alluded to the injustice that might arise to an accused party if evidence was allowed to be taken against him without the binding influence of an oath, and without the party being permitted an opportunity to test the recollection of the witness, and bring out facts by cross examination that might qualify those stated, and remove the sting from the adverse testimony. The exception to this rule could only be made under peculiar circumstances, when the declarant has the prospect of death before him, is under an actual apprehension of that momentous event, and is solemnly impressed with his situation. Nothing less than this does the law require in order that a declaration of the description in question should be admissible. But in this case, the learned counsel contended, there was no proof of the existence of the circumstances alluded to; but on the contrary, there was sufficient to require the exclusion of the document. From the evidence of Dr. McKinnon this was made That gentleman had regularly attended Lieut. Tulloch, and was consequently best able to describe the state of his mind, and that gentleman distinctly stated that, up to the time of the declaration being given, the deceased was in an uncertain state of mind as to his recovery, wavering between apprehension and hope. The learned counsel contended, that the question was not what others might have thought as to his, Lieut. Tulloch's, situation, but what was his state of mind, and the prospect he entertained; whether or not he felt the solemn consciousness that he was approaching the doom of humanity-on the point of being ushered before his Maker. If the evidence allowed the conclusion that the slightest vestige of hope of recovery lingered upon his mind, that he still hoped on, as it were, against hopeif such was the state of his mind when he gave the declaration, it could not be admitted in evidence against the parties accused. In support of this view of the law applicable to the case, the learned counsel drew the attention of the Court to several legal authorities. The cases cited by Mr. Leith were Rex v. Pike 3 Carr and Payne, 598; Rex v. Spilsbury, 7 Carr and Payne, 190; Rex v. Crocket, 4 Carr and Payne, 544; Rex v. Megson, 9 Carr and Payne, 418. The learned counsel remarked upon the principle supported in the different decisions he had cited, that, for a dying declaration to be legally admissible, the declarant, at the time of making it, must have been in a state of mind so as to exclude every scintilla of hope as regards recovery; and that, for this point to be ascertained, his very words ought to be exactly stated in evidence, to enable the Court to judge whether the party was or was not under apprehensions of certain dissolution. The learned counsel then referred to the evidence that had been elicited on this point. Dr. McKinnon had declared that Lieut. Tulloch did entertain hopes of recovery even up to the time of the declaration being made; and although he was certain of his approaching dissolution, he admits he never informed him of his situation. And with regard to what had been stated by Major Sampson, it was by no means conclusive as to Lieut. Tulloch's state of mind that he was conscious of the certain approach of death. Major Sampson merely states he said to him that he should give his declaration as that of a dying man, which the learned counsel contended was susceptible of an equivocal construction. It might have been understood by Liet t. Tulloch merely that he should make his statement with the same fidelity as a dying man-that he should imagine himself in the There was, condition of a dying man in giving the declaration. therefore, nothing conclusive to shew that the state of mind of Lieut. Tulloch, at the time his declaration was taken, was such

as to exclude every scintilla of hope of his eventual recovery; on the contrary, the learned counsel contended there was proof enough to shew that he did cherish such a hope. Under all these circumstances the learned counsel objected to the declaration being received in evidence.

Mr. Morton followed on the same side, and said he would take the same objection to the declaration being admitted in evidence as had just been taken by his learned friend. He was aware that dying declarations were admitted as exceptions to the rules applicable to evidence in general; but they were open to a two-fold objection-first, that they were not given on oath, and next, that the accused party was excluded from the benefit of cross-examining. The learned counsel then referred to Woodcock's case, in I Leach, 502, and Russel on Crime, p. 761, in support of the doctrine that, before a dying declaration could be admitted, it was necessary to shew that at the time it was made the declarant was not only in a dangerous, but in a dying state, and that he was under positive apprehension of speedy dissolution, and was duly affected by his situation. Such being the principles bearing upon the case, the learned counsel went on to inquire how the points required to be proved had been made out. Four witnesses had been called for the purpose. Dr. McKinnon gave it as his own opinion, that at the time in question Lieut. Tulloch was in a dying state, but that he never told him so. And then he added that Lieut. Tulloch had cherished and expressed hopes of recovery. Major Sampson appeared to possess considerable knowledge of the law bearing on this point, and was fully aware of the importance of a dying declaration. It was unfortunate, however, that knowing so much as he did, he was not more definite in the terms he used in the communication he made to Lieut. Tulloch at the time he took down his statement. In fact, what he said was so conflicting and uncertain, that it is difficult to say what he did say to him. Dr. Tritton and Lieut. Wilson both said that what had been said to Lieut. Tulloch was not before the declaration was taken. The latter stated what was of the greatest importance, namely, that Lient. Tulloch said he would never again get off his bed; but he could not state when this was said, before or after the declaration was made. After some further comment on the evidence, the learned counsel observed that it would be most dangerous to admit the document on the slender proof that had been adduced, particu larly when it affected the lives of parties. It was not shewn that Lieut. Tulloch was at the time really in a dying state; nor was it shewn that he knew that was his situation, and that he was affected by it. On the whole, the learned counsel thought the evidence of the medical gentlemen was in favour of the prisoners than otherwise. Then, the deceased was not told what use would be made of the declaration. It was taken on authority, and the impression must have been on his mind that it would be used against him. His object, consequently, would naturally be to exonerate himself, and give a colouring to the transaction. But after he had made the declaration and stood committed, the caution was imparted to him by Major Sampson. In the course of some further concluding remarks, the learned counsel also - drew attention that Major Sampson had described Lieut. Tulloch as not very likely to have been affected by his situation.

The ADVOCATE-GENERAL then addressed the Court on the opposite side. The learned advocate did not dispute the correctness of the legal positions that had been advanced by his learned friends; but the only question was, how far they were applicable to the present case. It was clear, he thought, that the declarant knew at the time he was in a dying state. It was difficult to get the precise words that passed upon the occasion; yet, from the evidence that had been given, there was no doubt that the deceased was fully conscious that he was in a dying state. He was not lingering under protracted disease, to render it likely that he experienced the fluctuations of hope and fear; but he was suffering from a recent wound, and his own words were, that he would not again rise from bed. There appeared, therefore, scarcely room for doubt that he knew the situation he he was in. Dr. McKinnon, it is true, had stated that, up to the time he gave the declaration, he had entertained hopes of recovery; but that was not in consistence with the rest of the evidence. Major Sampson, having learnt his situation, had taken his dying declaration, and informed him in explicit terms that it was taken down as such, as appeared at the end of the declaration. He could not possibly have misunderstood that communication. It is difficult to say at what point hope deserts the dying man; perhaps it lingers on in the mind up to the last moment. We can judge only from his expressions. The evidence of both Dr. McKinnon and Dr. Tritton agree as to his hopeless state, and there is nothing to contradict that evidence. If, after the communication made to him by Major Sampson, there was any thing to shew that he still entertained any hope, in that case there would be reasonable ground for doubt on that

He does not appear,

point; but there is nothing of the kind. also, to have experienced any levity of mind, for the very next day after he received the wound he requested a clergyman to be sent for. His (the Advocate-General's) learned friend, Mr. Morten, had remarked, on what had been stated by one of the witnessess, that Lieut. Tulloch was not very likely to be affected by his situation, and therefore that he was not solemnly impressed on the occasion. This argument, the learned Advocate remarked, might hold good, had it appeared that the deceased was an atheist or an unbeliever; but the reverse was proved by his sending for a clergyman. It is true, that that morning the deceased had expressed a hope of recovery; but there was nothing to shew that, after the communication made by Major Sampson to him, he still entertained such a hope. He continued to the last in a sound state of mind; and, although the declaration was twice read over to him, he never expressed any thing calculated to lead to the conclusion that he was not in a dying state. Under all these circumstances, however, the learned Advocate left the question entirely in the hands of the Court. As regarded the cases cited, the Advocate-General, in conclusion, observed that they did not bear upon the present issue, and that, although dying declarations were to be admitted with proper caution, yet, unless they were admissible, it would be impossible in many cases to promote the due administration of justice.

Mr. Hume followed on the same side, and contended that, though there could be no doubt as to the legal principles appli cable to dying declarations, yet his learned friends had in their zeal carried them too far. The learned counsel principally com mented on the precedents cited by Mr. Leith at some length, and also contended that they were neither parallel to, nor consistent with, the present case.

Mr. Leith made a short rejoinder to what had been urged by the Advocate-General and Mr. Hume against his objection.

Sir L. PEEL, C. J.-I have entertained a strong opinion from the first upon the question of the admissibility of this document, as a dying declaration. I am glad, however, to have had an opportunity of hearing the question fully discussed by counsel. My opinion remains unshaken, that no sufficient foundation has been laid for its reception. The admissibility of dying declara tions is an anomaly in the law of evidence, and the proof for the prosecution must bring the document clearly within the excep tion. Now, up to the moment of making this declaration, the statement of Dr. McKinnon is clear, that the mind of the deceased fluctuated between hopes and fears. Previously to making it, he entertained no settled conviction that he was in a dying state, that his death was inevitable. Then, what occurred subsequently to change this impression? I cannot presume that his feelings sustained a sudden and causeless revulsion from hope to despair. The words in which Major Sampson says he conveyed to him the intelligence that he was about to die, are ambiguous. He does not first inquire what the dying man's own feelings are, but he tells him to make the declaration, "as if he were in expectation of immediate decease." This might have been interpreted into a sort of direction to imagine himself in that state, whether he was so or not. A declaration made under the sanction of that sort of imaginary contingency is not a "dying declaration." Then, the whole evidence of the deceased's own feelings is too vague and indefinite to act upon. Some judges have regretted that such an anomaly has been introduced into the law of evidence, as the reception of any dying declaration. Those who introduced it seem to have considered that a statement made under the impression of approaching and certain death was given under a sanction equally solemn as an oath; and no doubt it is so,-in all cases, at least, where the dying person has a proper sense of the awfulness of death, and of its after-state. But then, it must be remembered that the parties to be effected by the statement have no opportunity of cross-examination, which is almost as essential as the obligation of an oath, to the eliciting of the truth. The law has, therefore, rightly guarded, with the strongest provisoes, the reception of such anomalous evidence, and I think it would be most dangerous to relax that strictness in any degree. Here we have no information of the whole that took place. We are only furnished with fragments of the conversation. As soon as I found that the witnesses were unable to recollect the words used in reference to the deceased's state and condition. I felt almost satisfied in my own mind that this document could not be received. We are not to draw the inferences required to support it from conflicting or ambiguous statements, that would be guessing at what has to be proved. At the same time, I think some of the dicta in the cases cited go too far. The consequences of its reception are not to be considered in any case, the question always is simply whether the deceased was in a dying state, and knew and felt that he was dying. If I had been satisfied of this

The Advocate-General said he had no further evidence to offer.

The Chief Justice.-I suppose you admit that the evidence as it stands, without the document called a dying declaration, is not sufficient.

The Advocate-General acquiesced.

The Chief Justice then directed the Jury that, there being no sufficient legal evidence, it was their duty to acquit all the prisoners.

The Jury accordingly returned a verdict of not guilty, and the prisoners were discharged.

As they were leaving the dock, some parties attempted to get up a cheering, but the Chief Justice directed silence to be observed, intimating that any expression of opinion in Court as to the result of the trial would be highly indecorous and improper. Such indecency would be a contempt of Court; and if any parties so committed themselves, and were brought before him, they would be punished.

Although the Court was much crowded at the commencement of the trial, it became so to suffocation in the course of the day. There were spectators of all descriptions thronging in every side of the Court, inclusive of aides-de-camp, secretaries, military officers, merchants, clerks from government offices, and even school-boys. Since the memorable Ogilvie, the Court was never so densely crowded.

The trial concluded at half after five o'clock.

THE ARMY.

The Army List lately published enables us to form a correct estimate of the immense force of all arms at present concentrated upon our north-western frontier. It may be stated as follows:

5 Troops of European Horse Artillery

2 Troops of Native Horse Artillery

5 Companies of European Foot Artillery

1 Company of Native Foot Artillery

1 Company of Sappers and Miners

1 Regiment of European Dragoons

4 Regiments of Native Light Infantry

5 Regiments of European Infantry

14 Regiments of Native Infantry

3 Regiments of Irregular Cavalry.

If to this we add the troops in the Meerut Division, namely

3 Troops of European Horse Artillery

1 Troop of Native Horse Artillery

1 Company of European Foot Artillery

4 Companies of Native Foot Artillery

9 Companies of Sappers and Miners

1 Regiment of European Lancers

1 Regiment of Native Light Cavalry

2 Regiments of European Infantry 9 Regiments of Native Infantry, we have a total of

8 Troops of European Horse Artillery 3 Troops of Native Horse Artillery

6 Companies of European Foot Artillery

5 Companies of Native Foot Artillery

10 Companies of Sappers and Miners

2 Regiments of European Cavalry

5 Regiments of Native Light Cavalry

7 Regiments of European Infantry

23 Regiments of Native Infantry

3 Regiments of Irregular Cavalry;

which we may estimate as equivalent to a force of thirty-two thousand infantry, five thousand eight hundred cavalry, and one hundred and forty guns.

Now, we have not put down all these numbers upon paper for the purpose of drawing, or enabling our readers to draw, any conclusions as to the probable employment of this force, or the intentions of Government in collecting it. Our object is to show how very inefficient the native army, as at present constituted, is in respect of European officers.

Our

Take, for instance, the native infantry regiments. readers will observe that, at the three frontier stations, Umballah, Loodeanal, and Ferozepore, there are fourteen native infantry regiments. Amongst these fourteen regiments, there are, including officers on leave in India on medical certificate or on private affairs, fifteen field officers, forty-four captains, and one hundred and fifty-seven subalterns, or, on an average, one field

officer, three captains, and eleven subalterns per regiment, showing a total of fifteen officers of all ranks per regiment.

Now if, from these fifteen officers, we deduct one commandant, one second in command, and two subalterns for regimen. tal staff, we have eleven captains and subalterns to lead ten companies into action; and if we make a deduction, as we ought to do, of two officers out of these eleven for picquets, detached guards, and the sick list, there will only remain nine; so that one company must go into action under its native officer.

Again, out of the eleven subalterns which we have shown to be the average of the native regiments on our immediate frontier, five are, in every case, ensigns of from two or three years', to two or three months' service. Is it fair to peril the good name of our native troops by leaving them to be commanded by men in whom, from their age, and the short time they have been together, they can have so little confidence?

An examination of the state of the native infantry regiments in the Meerut division gives precisely similar results, and we may fearlessly assert that, at this side of India, there are hardly five native infantry regiments which, as at present officered, would go into action, after deducting a fair proportion for the casualties of the service, with one European officer per company.

Nor is the native cavalry better officered than the infantry; the three regiments on the immediate frontier, namely, at Ferozepore, Loodeanah, and Umballah, respectively, show a total among them of thirty-five officers, or not quite twelve per regiment. Taking, however, that number as the average, and deducting the commandants and regimental staff, we find that three troops will have two officers per troop, and three only one. Can these regiments be considered efficiently officered?

We shall conclude these remarks with the often-quoted words of Sir Charles Napier. "The sepoy is a brave and excellent soldier, but, like all soldiers, he expects to be led on in certain moments; and as he looks to his European officer, if he misses him, the greatest danger arises. Three times I saw them retreat, evidently because the officers had fallen, and when another appeared and rallied them, they at once followed him boldly:"Hurkaru.

MISCELLANEOUS.

The Enterprize was to take her departure this morning for Arracan and Moulmein, and we suppose she did. We believe she is full of passengers. Sir George Pollock and Brigadier Frith were to proceed in her to the Sandheads, where they will be put on board a pilot vessel to remain some time, as the gallant general has been suffering lately from indisposition, and is still in very delicate health.-Hurkaru, Sept. 10.

The

We are informed that the measures consequent on the report of the police committee have passed council. Among those which are purely personal are the retirement of Mr. Blackquiere on the full allowance of his station; the promotion of Capt. Birch to the senior magistracy, with a remuneration of Rs. 2,000 a month, and with three deputy superintendents of police under his orders, who are to receive a monthly salary of Rs. 250. superintendency itself will for a time be left in abeyance, till it is seen how the new arrangements work. Mr. McCann preserves his former place amidst the changes. Mr. Watts is to be collecter of taxes and a conservancy commissioner. As the appointments and measures will be gazetted in a few days, we shall defer what we have to say about them till then.— Calcutta Star, Sept. 10.

THE DOCTOR OF DINAGEPORE-MORE WATER BEWITCHED. Our correspondent from Dinagepore writes: " You have before published in your journal the commendation due to the medical gentleman of this place, for his successful treatment of diseases. Formerly he used other means to induce unconsciousness in cases of surgical operations. He does not use those means now. He has now some water in a bottle, the use of which produces insensibility, and while the patient is in that state caused by the water, a surgical operation may be performed with the utmost ease, without the party having any sensibility to pain. Attracted by the doctor's skill, all the invalids from the neighbouring districts have come to Dinagepore to be treated. The zemindar of Runpore, Baboo Ramsoonder Roy, had been labouring under a complicated disease for three years. He has come over to Dinagepore, and, under the successful treatment of the doctor, is now restored to perfect health. Then the principal zemindar of the same zilla, Baboo Hurrendronarain Roy, who had gone to Calcutta, and consulted the first physicians there without attaining his object, has also repaired to Dinagepore."-Bhaskur, Sept. 9.

THE RAJA OF BURDWAN.(From a native newpaper) -By the recent inundations in Burdwan, the houses, cattle, &c. of the inhabitants were all washed away. During the general distress

caused by the deluge, the Raja of Burdwan fed about fifty thousand persons for five days, and having sent out boats for the purpose, brought together the cattle belonging to the people, and also caused them to be supplied with food. We award all the praise the Raja is entitled to for this act of benevolence. Had so large a number of persons not been fed from the Rajbaree for five days, who can estimate the direful consequences that might in that case have ensued?

RELIEF TO THE SUFFERERS.-Those benevolent persons who sent us money for the relief of the sufferers by the inundation will be glad to hear, that a part of it was distributed on Saturday, by Mr. Sherrington, of Oolobariah, Gungarampore, and another village on the banks of the river. The crowd was so great, that he was obliged to keep his boat at a distance from the shore to prevent it from being overset by the people rushing in. The peons of the zemindar assisted him in keeping the crowd in some order; but it became at last so dense, that he was obliged to stop, and to retain a part of the money for another day. He describes the distress of these unfortunate people as perfectly appaling. We hope that something more effectual will be done for them than the trifling relief which has thus been given, which is only sufficient for the passing day, and has only reached a portion of those in the extremest distress. - Englishman, Sept. 9.

We are informed that H. M.'s 40th regiment is to embark for England at the end of the present month, on board the Poictiers, Seringapatam, and Scindian. The regiment has acquired an excellent character whilst on service in India. The garrison of Fort William will thus be left without any European corps for a time; but it is expected that the 39th, now at Dinapore, will do duty here. The head-quarters of the 40th will be on board the Seringapatam. The men will be allowed to volunteer for any of H.M.'s regiments in Bengal.-Englishman, Sept. 10.

We observe, that at the meeting at Agra, on the 1st instant, of the shareholders of the Agra and United Service Bank, a dividend of 12 per cent. was declared for the half-year ending the 30th of June, after carrying a sum equal to 2 per cent. for the half-year to the credit of the reserve fund. We observe, too, that the increasing business of the bank has been found to warrant an increase of the capital. This is to be effected by the creation of new shares to the extent of ten lacks; of which onehalf are to be sold to the public at a fixed premium, and the other half to existing shareholders at par. It has also been resolved, that shares in the bank shall, in future, be transferable at Calcutta as well as at Agra; and for this purpose, four of the Calcutta committee (Messrs. T. C. Morton, William Bracken, James Ramsay, and Alexander Chalmers) have been appointed directors, and authorised to accept transfers and to sign stock certificates.-Hurkaru, Sept. 12.

THE FANCY DRESS BALL AT GOVERNMENT-HOUSE. - This ball, which may be considered the Governor-general's farewell entertainment to the community of Calcutta, was numerously attended, though the rooms were not so crowded as they generally are on such occasions. The company began to assemble as early as half-past nine o'clock, but comparatively few came in before ten, when the stately halls of the great house began to fill rapidly. There were a good many fancy dresses, but, on the whole, they were rather the exception than the rule.-Ibid.

We regret to announce the death of Major general James Considine, K. H., senior lieutenant-colonel of H. M.'s 10th regiment of foot. Gen. Considine was a very distinguished officer. He served in the Peninsular war with great credit. He was first in the crack regiment, H.M.'s 43rd, which formed one of the corps of the well-known light division. Afterwards he was in most of the actions in the Peninsula, and was wounded in the leg, the effects of which he felt ever after. After the war he was in H. M.'s 53rd regt., now in Bengal. He next joined H. M.'s 10th regt., on its being ordered for the service in India, and arrived with the headquarters of that corps in Calcutta in August, 1842. Owing to ill health, he was compelled to proceed to England, and returned to India, about the end of 1844, shortly after the corps had marched from Calcutta for Meerut. He went up in a steamer, and subsequently joined the regiment at Meerut. He was to have gone to Sinde to relieve Major gen. G. Hunter, c.B., who stood appointed to another command. General Considine was an excellent officer. His system of regimental discipline, and the selection of field movements on the parade, proved to all mili. tary men, that he was from the Peninsular school. All his manœuvres were for the practical exhibition of what is most required on service, and to be done in the shortest and most exped' tious manner. He was fond of his profession, to which he was an ornament. In society, he was a great favourite with every one. Without preserving the etiquette of rank, he was a perfect gentleman, unbending and without reserve; and was a

friend to every officer of his regiment who needed his advice or assistance. Such a man is a loss to the army.-Englishman. · Sept. 13.

Meerut, September 5.-Major general Considine's funeral took place this morning. The melancholy ceremony was most imposing. The whole of her Majesty's 10th and 29th regiments, 4 squadrons of H. M.'s 16th Lancers, and three horse artillery guns, were formed in order of procession near the residence of the late general, at gunfire, and moved off soon after, followed by the band of H.M.'s 10th regiment, playing the dead mareh. The remains of our beloved general were conveyed to the grave on a horse artillery gun carriage, followed by the charger of the deceased (covered with a black pall, and led by two grenadiers of H.M.'s 10th), the procession being closed by the greater proportion of the civil and military officers of the station, among whom I observed the commanding officers of every regiment, but one, at Meerut. It must be a sad duty for H.M.'s 10th regiment, for in General Considine they have lost a father, every inch a soldier; he lived beloved, honoured, and respected, and died lamented by all who knew him. Never can H.M.'s 10th hope to see his like again."-Delhi Gazette, Sept. 6.

MAJOR LEECH.-In Major Leech, whose death is recorded in our obituary, the government have lost a zealous and talented public servant, and whom it may be difficult to replace at the present moment, considering Major Leech's intimate knowledge of eentral Asian affairs, which must have been of great utility to his superiors. Death has indeed been busy amongst us this year.— Ibid.

We are happy to learn that on the 30th Aug. cholera at Loodiana was on the decrease, owing to an improved state of the weather. It is a common habit with the European soldiers to sleep with their doors open, and their beds near them immediately after the rains. This is madness, and no surprise need be evinced if the men catch fever and ague, dysentery, or even cholera. If people will not take ordinary care of themselves, they must expect to suffer. We do not say that in all cases disease is the result of negligence-far from it. But we do think that it often may be attributed to or accelerated by these causes. Several cases of cholera at Loodiana are reported to us as being of a very mild nature, and the number of victims who have unfortunately fallen beneath the stroke of this fell Scourge of India are few.

A report has reached us of a dreadful attempt at murder by a husband upon his wife-the culprit being a non-commissioned officer of the 48th native infantry.-Agra Ukhbar, Sept. 6. BENARES.-We have just received our Benares correspondent's favour, and extract the following:

:

"Robinson's Steam Company (or more properly the Benares') are to have very fine boats; so Lieut. Pew, R.N., writes from England. The cabins are to be lined with corrugated iron, and landscapes painted on them. They will not, I fancy, be ready before February.

"Our new company here, to run steamers daily between Mirzapore and Benares, progresses satisfactorily; so that we do things here quietly you see without jobbing, which seems peculiar to the Dutch. Of indigo there is an abundant crop this year in this part, more especially on the Mirzapore side; and one factory half way between this and Allahabad has contracted to sell its outturn at Rs. 150 (so report goes).

"A new bank is to be established at Patna, which will not please the Agra, as the former was contemplating a branch, and raising the capital of the Agra to a crore-25 lacs for the Patna capital!

"This I hear from one who holds shares in the Agra.”—Mofussilite, September 13.

THE FRONTIERS.-It seems after all the movements of H.M.'s 31st foot, on whose going home so much value has been set as an indication of the direction of the political wind, in reference to the Punjab, are still quite uncertain, and that there is a possibility, which may soon resolve itself into a probability, of the regiment remaining after all. The proposed march of the 14th light dragoons from Kirkee to the N. W. Provinces is, next to the gradual assembly of so large a force on or near the N. W. Frontier, a pretty sure sign of the times, and we should not be at all surprized to hear that the order of the march of the 16th lancers had been recalled.-Delhi Gaz, Sep. 10.

DELHI. The gaities of Delhi are evidently on the increase. The party to Mr. and Mrs. C. Saunders at Mr. Metcalfe's was decidedly the best of the season.

A report prevails at Meerut that the 2nd Grenadiers and the 43rd Light Infantry will relieve the 38th Light Infantry and

the 53rd.

A change in the wind from West to East portends, we hope, the rain we so much desiderate.-Ibid.

THE GOVERNOR-GENERAL.We mentioned some time since

that inquiries had been made for a house at Simlah suited to the Governor-General, and we now learn that Sir Henry Hardinge has taken the one formerly occupied by Lord Auckland, and subsequently by Sir Jasper Nicolls, and by the Bishop. We may, from this circumstance, safely infer that it is his honour's intention to spend the next season at Simlah, which will, in consequence, be a more general resort than it has been for the last year or two. - Ibid.

A DUEL PREVENTED.-A so-called affair of honour, arising, if we are rightly informed, out of some gambling transactions, was very snugly arranged to have come off at Ferozepoor, and two of the parties had proceeded dawk from Simla, to attend the "meeting," when the military authorities, having heard of the circumstance, placed the principal on the other side, belonging to a corps at the station, under arrest, and issued an order prohibiting the others from entering the cantonments. All honour to General Littler for the prompt measures he took to prevent the possible shedding of blood in so iniquitous a cause! When will officers of the army cease to demean themselves as Christians and gentlemen by staking their very lives on the result of gambling transactions? It is melancholy to think that the late warnings of the Commander-in-chief have had so little effect on the minds of certain officers of his army, and we hope that, as admonitory orders are so little heeded, more stringent measures may be adopted to put a stop to so degrading a practice.-Ibid.

THE GENERAL TREASURY.-We understand that, at the recommendation of the Chamber of Commerce, the supreme go. vernment has ordered the General Treasury to be closed from the 6th to the 16th proximo inclusive, on account of the Doorgah and Luckhee poojahs. -Economist, Sept. 10.

We have learned the following particulars relative to the wreck to the southward of False Point:

On the 30th ultimo, the commander of the Isabella Cooper was in company with a barque which shewed French colours. On the evening of that day, it blew fresh with squalls, and next morning he saw a vessel on shore, which he supposed to be his companion of the day before. Six days afterwards, he again saw the wreck with sails and yards all down; and on standing close on shore, perceived that the people had erected a hut.

We cannot clearly understand how the Isabella Cooper happened to make the land again at the expiration of six days in the same place; but such is the account which has reached us. It is clear that the vessel lost is not one of those bringing out troops, or there would have been not merely one, but several huts; and we suppose, therefore, that she must be the French vessel referred to. -Hurkaru, September 16.

After the foregoing was in type, we received the following : -"On Friday, 29th August, signalled a French vessel off Black Pagodas. She and the Isabella Cooper were close to one another standing in. At nine P.M., a dreadful squall from about E.N.E. came on. In standing in towards the land next day, the captain of the Isabella Cooper observed a vessel, apparently the same barque, by her masts and rigging, lying with her head to the southward and westward, her sails all clewed up and hanging loose. Five days afterwards, the Isabella Cooper was driven back with easterly winds and westerly currents, and saw, to all appearance, the same vessel with her sails unbent, and a tent, or something like it, on shore. They stood in, in the Isabella Cooper, close to the breakers to make

sure.'

We did not happen to take a drive yesterday evening, and did not hear till this morning that the ship Royal Consort, of about 530 tons, at the moorings above Hastings Bridge, and the outer vessel in the tier, had been burnt. It appears that she took fire about five o'clock yesterday afternoon, and that all efforts to extinguish the fire having failed, she was moved out from the moorings, and run over to the other side of the river upon the Sumatra sand, nearly opposite Kyd's house, where she continued burning all night, and was still smoking this morning at six o'clock, though burnt nearly down to the water's edge. She was submerged, we suppose, by the flood, which was coming in when we saw the smoking wreck. She was, fortunately, empty. Of the vessel nothing will be saved, we fear, but some of the copper and the masts, which were cut away as soon as she was got over on the sand. A ship taking fire in the tiers naturally created great alarm, and we learn that it is owing to the exertions of Mr. Ducasse, the assistant harbour-master, whose judgment, energy, and presence of mind on this trying occasion, cannot be too highly praised, that we are indebted for the safety of the rest of the shipping in the same tier. The cool self-possession he displayed in moving the ship out, and taking her across the river, was the admiration of all who witnessed his conduct, which we hope will be rewarded by the government and the insurance offices.-Hurkaru, Sept. 10.

Intelligence reached town this morning that the wreck to which we referred the other day is the French barque Mont de Ville. She is on shore about forty miles to the southward of

the lighthouse; crew all safe and in tents. The keeper of the False Point Lighthouse, hearing of the wreck, had proceeded to her on foot thirty miles through the jungle. The captain had requested him to proceed to Cuttack, and consult the authorities as to what was to be done; this the lighthouse keeper did, but with what result we have not learned. The pilot vessel despatched from the Sandheads has probably by this time nearly reached the wreck. -Englishman, Sept. 19.

COURTS MARTIAL.

LIEUT. JOHN A. MACDOUGALL, H.M. 28th regt. Head Quarters, Simla, August 26, 1845.-At a general courtmartial holden at Poona, July 24, 1845, Lieut. J. A. Macdougall, of H.M.'s 28th regt. was arraigned on the following charge

For conduct unbecoming the character of an officer and a gentleman, in having, at camp near Poona, on or about the night of the 27th June, 1845, or morning of the 28th June, 1845, used grossly abusive language towards Lieut. T. L. Leader, of H.M.'s 2nd (the Queen's Royal) regt. of foot, and for having then and there struck that officer.

Finding and sentence.-The Court is of opinion, from the evidence before it, that the prisoner, Lieut. J. A. Macdougall, of H.M.'s 28th regt. is guilty of the charge preferred against him, which being in breach of the articles of war, it does adjudge him to be dismissed her Majesty's service.

Approved and Confirmed,

(Signed) H. GOUGH, General, Commander-in-Chief, East Indies.

Head Quarters, Simla, Aug. 23, 1845. Recommendation to Mercy.-The Court, having performed what it considers to be its duty, in awarding the heavy punishment recorded, begs, under the peculiar circumstances of the case, most earnestly and respectfully to recommend the prisoner to the merciful consideration of his Excellency the Commander-inChief.

Remarks by the Commander-in-Chief.-The Commander-inChief, under the very peculiar circumstances of the case, is pleased to yield to the recommendation of the Court, and to remit the sentence. Lieutenant Macdougall will accordingly be released from arrest, and return to his duty.

By order of his Excellency the Commander-in-Chief.
H. G. SMITH, Major-general,

Adjutant-general H.M. Forces in India.

LIEUT. EDWARD STANLEY, H.M. 57TH foot.

Head Quarters, Simla, Sept. 5, 1815.-At a general courtmartial, holden at Fort St. George, January 21, 1845, Lieut. E. Stanley, of H. M.'s 57th regt. of foot, was arraigned on the following charges:

First charge. For unofficerlike conduct, to the prejudice of good order and military discipline, in having, at Fort St. George and Poonamallee, during the months of September and October; 1844, held a clandestine correspondence, and had criminal intercourse with Mary Ball, the wife of Staff-sergeant Richard Ball, of the Commissariat department of the East-India Company's service, residing at Poonamallee.

Second charge.-For conduct unbecoming the character of an officer and a gentleman, in having, at Fort St. George, on the 30th of October, 1844, falsely stated to the aforesaid Staff-sergeant Richard Ball, that he did not know such a person as his, Staff-sergeant Richard Ball's, wife, or words to the same effect.

Finding. The Court, having most maturely weighed and considered the whole of the evidence brought forward in support of the prosecution, as well as what the prisoner, Lieutenant Edward Stanley, has urged in his defence, and the evidence in support thereof, is of opinion

That the prisoner is guilty of the first charge, with the exception of criminal intercourse at Poonamallee.

That the prisoner is guilty of the second charge.

Sentence. The Court, having found the prisoner guilty to the extent above stated, doth sentence him, the prisoner, the said Lieutenant Edward Stanley, of her Majesty's 57th regiment of foot, to lose one step in his regiment, by being placed below Lieutenant George Henry Hunt, who at present stands next to him; and, in addition to such punishment, to be severely reprimanded in such manner as his Excellency the Commander-inChief may deem fit.

Revised finding.-The Court, having most maturely weighed and considered the whole of the evidence brought forward in support of the prosecution, as well as what the prisoner Lieut. E. Stanley, has urged in his defence in support thereof, is of opinion,