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MACBETH.

ratic æra, has ever yet gone off, as a whole, so successfully. The music is in itself exceedingly beautiful, and most skilfully adapted to the action and story: while the

if not quite so characteristic in this respect, threw a variety of effect by no means unpleasing into the graver and perhaps slightly parrucal strain of the original composi tion. We do not in saying this, mean any thing of disparagement to the style of Generali's dramatic music and particularly to that of the Baccanali. Indeed, we are of opinion that the not unfrequent recurrence of popular motive and simple harmonies is one of the chief attractions of this very Opera, which thus obtains favor in the sight, or we should rather say the hearing, of the hundreds who understand and relish an easy second travelling in thrids and sixths, while the ten in that hundred who apprehend and enjoy more elaborate harmonic cookery find abundant provision of the most recherche fare in the concerted pieces, chorusses and particularly in the charming and most ingenious orchestral accompaniments of the Baccanali score.

We have ventured an opinion that the general effect of the Baccanali on Friday, was equal if not superior, as a whole, to any thing yet produced in Calcutta by the that we never heard the artistes themselves in better voice, Italian artistes. We are disposed to go further and to say

Macbeth was played at Chowringhee on the 25th Fe-three interpolations from Rossini, Pacini and Meyerbeer, bruary. In some respects the performance was decidedly good, but taken as a whole we have seen and we hope to see many better. None of the personages appeared to us quite at home in their parts. The representative of Macbeth presented a studied and elaborate delineation of the character, but to our apprehension it was wanting in intensity and in an adaptation of the voice and exterior to the varied emotion to be painted, and especially was it deficient in that solemn and affecting pathos which in the later scenes compells us in spite of ourselves to sympathize with the murderer. The performance was frequently forceable and at times highly impressive-but it never in our estimation rose to undoubted excellence. Mr. Leach's Lady Macbeth will not add to her Theatrical reputation, but we are certain it will not detract from it. She has an innate preception of dramatic propriety and talent and presverance which will always prevent her from sinking below mediocrity. But it is certain that the part of Lady Macbeth is beyond her power. She deserves every credit for the attempt, and to say that the performance exhibited no glaring defects but continued to interest the audience to the last, is to praise highly. But something more than the absence of defects and the generation of ennui is requisite in a cha-one and all-and never heard them one and all use their racter like Lady Macbeth's and we would counsel Mrs. Leach not to try it again-in a multitude of characters she is really great; but here she is only mediocre. Regarding King Duncan we will only state, what indeed is matter of history, that he was murdered. Whence "the gracious Duncan" derived his ideas of costume we know not, but such an odd assortment of hues has probably never been seen since the "coat of many colours" was fashioned. The flowing wig was really like nothing we have ever seen expecting that worn by Listen as Lord Grizzle, or that placed upon Lord Broughman's head in H. B.'s caricatures. Really in bona fide Tragedy some caution should be used in these mat:ers. Macduff was well played, but we should not consider this line of character best suited to the state or powers of the amateur who played it. The music was excellently got up and the witchery, with the brilliant aid of Mr. Farmer's magnificent lights and diabolic contrivances, hado as the play bills say, "unprecedented

success."

The amateurs did not venture upon the innovation which it was wispered they meditated in the matter of Banquo's Ghost. There he sat a stiff as hasty pudding pointing at his frontal sinus according to the approved practice of our wise ancestors, although it is evident that with equal propriety might the air-drawn dagger be suspended by a piece of pack-thread before Macbeth's eyes. The monstrosity too of tartan dresses was pertinaceously adhered to. It is a great pity that the illusion was not fully kept up by Macbeth's soliloquizing in the sonorous dialect of Inverness-shire.-Bengal Herald.

I BACCANALI DI ROMA.

voices more effectively. But as the terms of this eulogy
whose powerful, kind and constant help hardly an Opera
strictly interpreted do not comprehend him-without
could now be got up at all, we must take leave to make
especial mention of the admirable acting and singing of the
amateur to whom we allude. Any thing more finished than
ber to have often seen. The natural pathos with which he
his personation of the youthful Roman, we do not remem.
delivered the recitative, and the taste and skill with which
he executed the beautiful music assigned to Ebucio,
though written for a high tenor, merit warmer commen-
dation than consists with the sort of reserve understood
newspaper criticism in speaking of
to be enjoined on
amateur performances.

With regard to the prefossional artistes, we are under no such restraint. Signora Schieroni's acting and byeplay in particular are always graceful and impressive in the highest degree, and her style and execution as a singer, of the best and purest kind. On the present occa sion it appeared to us that she equalled or surpassed any of her previous efforts. Bettali was forcible, correct, and pleasing, as he always is, and Pizzoni made quit a hit in his solo in the second act borrowed, if we remember right, from Rossini's Maometto second. The finest thing perhaps in the Opera was the quartetto and finale

to the first Act.

Mr. Linton presided with his usual, or more than his usual, vigour and skill; and as it has too often fallen to our lot to speak evil of the orchestra, we are the more anxious to do justice to Signor Catania and his corps among whom we perceived a very commendable improvement in the main point of attention to the singers, though occasional instances did occur of acceleration in time and the old besetting sin of ultra-loudness in accom poniment.

Generali's grand Serious Opera I Buccanali di Roma was repeated on Friday evening the 5th February We trust that the remarkable practical proof afforded night at the Chowringhee Theatre, after an interval by this very successful second performance of the Baclonger than usual of 3 weeks from the first represent-canali, of the advantage gained by repetition, will not be ation-owing to melancholy circumstances, to which we shall no further allude than by saying that the sacrifice of time and profit on the part of the artistes was extremely creditable to their good taste and right feeling. The interval, however, appears to have been employed in very deligent study and rehearsing, if we may judge by the greatly increased effect with which the Baccanali was brought forward on the present occasion. In fact we doubt whether any one performance, Mercadante's Comic Opera of Elisa e Claudio is aneven from the very commencement of our Calcutta Ope-nounced for Friday evening.-Hurkaru.

lost either on performers or audience, and that we shall soon have this pleasing Opera again, notwithstanding the clamours of Goths and Vandals for perpetual novelty. No person of musical taste pretends even to understand, far less thoroughly to enjoy, an opera, until he has heard it half a dozen times and so made himself familar with its elaborate music.

ELISA E CLAUDIO.

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naide and Cristina demand no extraordinary stage acquirements, as in them the acting is quite secondary to Mercadante's Serio-Comic Opera Elisa e Claudio was the singing,-but the part of Elisa requires pathos, tenperformed at Chowringhee on the 12th February. We derness and sentiment, to say nothing of dramatic skill. have no very violent liking for the monster which It is no reproach to Mrs. Atkinson to say that her want springs from the union of Music and the Drama and of stage practice, and of opportunity for successful study, which, the youngest of the family, bears the name of render her development of a character giving scope to semi-seria-holding with the toper who objected to five the highest order of dramatic talent, a task of extreme water grog that it is a spoiling of two things each excel- difficulty. But it would be useless to attempt disguising lent when taken abstractedly. The toper aforesaid has the fact that the performance was not successful. In her no doubt some secret preference for one of the parties singing Mrs. Atkinson exerted her great talents with her whose bans he forbids, and we will not deny that one of usual effect, and, if there had been nothing for Elisa to the daughters of the family of Melodrama has peculiar do but to sing, we should have had little to object to. charms in our eyes-though which is the favorite is The part of Claudio was filled by the Amateur who has neither here or there. This much only will we confess, with such ability played a principal role in two preceding that it is not she who resembles the semi-virumque bevem Operas. The performance was characterised by the skill semihovemque viram. There is we know the highest and discrimination which this gentleman has uniformly authority for the interspersion of the ludicrous with the shown in his acting and singing. We have never heard grave in dramatic representations, but the arguments by him in better voice, and in mastering as he has done the which it is justified, viz. the necessity of affording relief very difficult part of Claudio and in conducting the Opera But even he partook somefrom emotions which might become too intense, and the to an even moderately successful issue, we are inclined judiciousness of heightening effect by contrast-however to think that he has accomplished the most difficult substantial in reference to the Legitimate Drama, have task he has yet undertaken. little weight when the Musical Drama is concerned. what of the general langour. The Orchestra was but For Music having no words at its command but work-indifferent and the choruses were not, we think, so good Notwithstanding all we have said, it must be allowed ing solely by means of sounds which address themselves as usual. The house was not full. principally to the senses and only remotely and indirectly to the mind-cannot be supposed to excite any emo- that the audience appeared pretty well amused and sometions or passions of great intensity. With respect to the times laughed heartily--but we cannot conscientiously effect of contrast too, it is to be observed that the lan- recommend the repetition of the Opera. guage of Music, taken unconnected with words, is too vague and ill-defined to admit of any such application as will ensure the production of a certain effect on the hearer. It is more than doubtful whether there is any series of sounds which can be said to belong to any particular passion or emotion, or whether a given succession of modulations might not equally serve for one of Durante's masses or for an Aria Buffa by Cimarosa. All this, however, is nothing to the purpose.

BARBIERE DI SIVIGLIA.

Rossini's "Barbiere di Siviglia" was the entertainment at Chowringhee on the 20th February. This admirable Opera has been repeated we know not how often, but its reception is still as warm as it was when the cellences it possesses as a musical composition of rare attraction of novelty was superadded to the intrinsic expolish, and as a capital stage piece. It certainly has succeeded more perfectly in Calcutta than any of the other Operas which have been got up here, and although the cast of it has undergone frequent alterations, we cannot recollect any occasion on which it failed to give satisfaction to the audience.

The

Mercadante has a high name in Europe and he certainly merits it as a versatile and clever composer ;-he is one of the most successful followers of the prophet Rossini. There is however nothing of that genius or originality in his works, which could have enabled him He has applied himself to the The performance of the Barbiere has so frequently to found a new school. cultivation of the reigning style, and he has produced a number of Operas, many of them extremely beautiful. been noticed in this Journal, that nothing is left for us to His compositions are, we think, more remarkable for a say regarding either the music or the acting, for we are graceful and well-ordered harmony and for a skillful quite sensible that although the public may approve not likely to relish the reiteration of our comments. application of instrumental effects, than for richness of very much of a repetition of the Opera, our readers are invention in his melodies, although of course there are many exceptions and none more striking than the beau- We will only therefore remark that the piece went on tiful air Se m' abbandoni, which was so charmingly sung with great smoothness and went off with striking eclat, by Schieroni. There are a great many good pieces in Bettali's acting was unusually racy and unctious, and Elisa e Claudio but as a whole we have always thought he was so excellently supported by Almaviva, Schieroni that the Opera has been overpraised. None of the and Pizzoni that nothing of the rich comic effects, with Duetts are of a high order of excellence-we do not which the piece is replete, was suffered to escape. even expect the famous Claudio, Claudio,-and one, whole of the second Act from the opening" Pace, gioia", which affords a situation as the highest dramatic inter- to the end of the famous Quintett" Buona sera," may be est, we mean the duett between the bereft Elisa and cited as a perfect specimen of rich and sterling comedy-the Conte, is heavy and monotonous. The opening to say nothing of the musical part-such as would do cavatina of Elisa "Giusto Ciel" is a sweet conception, credit to any stage in Europe. The only novelty of the "La Calunnia," which has been omitted in the recent very skillfully instrumented. The full pieces are im- evening was the re-introduction of Basilio's noble air pressive and not too much overlaid with accompaniment, a vice which we are grieved to say is too apparent in representations of the Opera, on account of the difficulty some of Rossini's finales and quintetts. The most of finding a substitute for one whose loss is yet fresh, original piece in the Opera, as it appears to us, is the and whose memory will long be cherished by all who chorus Tacete non temece, which is highly imaginative. take an interest in the Opera, and by the infinitely more We now come to offer a word or two as to the execu- extended number of those who appreciated his worth, the part of Basilio, is well known to the public as an tive, and here we are compelled to say that we cannot generosity and enthusiasm. Signor Garate, who has honestly compliment the Company on their success. There was a certain degree of langour and tameness indispensable member, or rather section of the Operatic throughout the Opera which we have rarely witnessed body. Hitherto, however, he has not appeared as a Mrs. Atkinson was solo singer, although he has often taken six of the parts in the performance of our artistes. evidently not at home in her part, which is quite unsuit-in a Septett, and has been known to sing suprano, tenor, ed to her histrionic powers. The characters of Ame- and bass in a chorus at the same time. The air

M

"La Calunnia" is one of great difficulty and for a first | although we noticed the absence of many whom we are essay rather a hazardous undertaking, but we are hap-accustomed to see on such occasions. They took tickets py to say that Garate acquitted himself very creditably. we believe, although they did not honor the hall with their He has a really excellent voice, which cultivation and presence. practice might make much of. It is, however, properly, a tenor, although as we have said it is every thing by turns-and as such is not adapted to a song intended for a bass voice which should be called "de profundes." But he sang the song very well, and with a little more emphasis and colouring-which will come with practice-it would have been decidedly good.

The house, we are sorry to say, had a very discouraging appearance at the commencement of the Opera-it filled up rather during the evening, but was indifferent at the fullest. Something of this may perhaps be ascribed to the change of night. Something to the frequency of Operas, a performance having occurred each week for the last three weeks. The deviations from established practice was unavoidable in both respects, but is not likely to occur again. We understand that Rossini's admired "La Italiana in Algeri" will be performed next. This opera, which was exceedingly popular here, has not lately been repeated, as the part of Lindoro could not be filled up; but the accomplished representative of Almavira has kindly undertaken it, and we feel confident that the opera will be produced in a very complete state.

opera

MADAME VALADARE'S CONCERT.

Madame Valadare's concert at the Town Hall on Saturday the 27th February, was very well attended,

MONDAY, FEBRUARY 1.

CRIMINAL INFORMATION.

As we were unable to attend till the first act was half over and obliged to depart before the second act commenced, we are unable to offer any thing in the shape of a critique.

Those pieces, both vocal and instrumental, which we were fortunate enough to witness, were well performed; and we hear that the whole concert reflected great credit on the performers; the conductor, Mr. Linton; the leaders Air. Delmar and Mr. Valladares, the husband of the beneficiare.

The female vocalists who usually assist at public confor this occasion; so that the whole labor of that departcerts, were not, and it appears could not be, engaged ment rested on Madame Valladares and her sister, Miss Soubolle, aided by Count Almaviva, (who very kindly gave his valuable support) Messrs. Linton, Taylor, and Hely. We observed also Signor Garate and his Italian band, who were very effective in the choruses.

Two of the vocal pieces were omitted in consequence of the indisposition of Madame Valladares.

The Overtures; Madame Valladares's Cavatina; Miss Soubolle's Aria, with Mr. P. Delmar's Flute Obligato; Monsr. V.'s Fastasia on the Violin; and the Glee Mynheer Van Dunck, by Mr. Linton, Mr. Taylor, an amateur and choruses, were, we hear, the most effective performances of the evening.-Hurkaru.

SUPREME COURT.

This morning the Advocate-General moved for a rule to shew cause why leave should not be granted to file a criminal information at the suit of Longueville Clarke, Esq., against Mr. Rankin, a gentleman in the Company's military Service. The substance of the grounds on which he moved is shortly this:-Mr. Clarke is, it appears, professionally engaged in some proceedings on the ecclesiastical side of the court on behalf of a lady; some days ago a gentleman called on him alleging that he was acquainted with the lady in question, and proceeded to make enquiries regarding the state of suit. Mr. Clarke thereupon asked him if he had seen the lady's solicitor, or had brought an introduction from her, and Mr. Rankin admitted that he had done neither the one nor the other. Mr. Clarke abstained from expressing the surprise he experienced at this conduct of Mr. Rankin and contented himself with being very cautious in his answers. He explained to his visitor the technical cause of the delay, and recommended the gentleman to apply to the lady's solicitor: and it was not until he was on the point of taking leave that Mr. Rankin stated his name. On Saturday last Mr. Clarke received a note from Mr. Rankin seeking for further information respecting the lady's case obviously impugning the conduct of her solicitor, and also concluding with a request that his name might be concealed and his note returned to him out of motives of delicacy towards the lady in question. Upon this Mr.Clarke immediately handed over the note to the lady's solicitor, and addresed a note to Mr. Rankin apprising him of what he had done, and commenting upon the indecorum and indiscretion of Mr. Rankin's conduct. The reply of Mr. Rankin to this letter, which was couched in very strong language, elicited an immediate answer, which was sent back unopened in the envelope in which it had been sent to Mr. Rankin, with a statement on the outside, that all further communication must be through a third party. The seal of the letter was broken. Mr. Clarke then directed Messrs. Collier and Bird to point out to Mr. Rankin the consequences to which he had exposed himself, and the reasons which induced Mr. C. to adopt the course he has since pursued. Another note

was then read from Mr. Rankin to Mr. Clarke also couched in very strong language.

The court upon hearing this statement granted a rule

nisi.

THURSDAY, FEBRUARY 4.

Shaw v. Freeman.

M. Grant opened the pleadings.

Mr. Prinsep stated the case for the plaintiff. This is a case of a description which, to the credit of society be it said, rarely comes before this court. The plaintiff is Mr. William Ambrose Shaw an indigo factor at Bhaugulpore, and the defendant is a Mr. Freeman who lives in the district. One would have thought that parties living in the same neighbourhood might have carried on their business amicably, or that, if disputes did arise, they might have been referred to the society of indigo plante.s at Bhaugulpore for adjustment. However, Mr. Freeman was of a different opinion, and took other means for the settlement of his grievances which neither society nor this court will sanction. It so happened that Mr. Freeman having taken a pottah of certain chur land, a dispute arose between the parties, Mr. Shaw claiming the land as part of the cultivation of his ryuts. It was unnecessary to enter into the particulars of this dispute, as it had little to do with the present action, but out of it had arisen an insult so serious that it was impossible any man of common feelings of honour could submit to. The dispute arose in March last, and was decided in the Mofussil court in favour of Mr. Shaw's claim to the land, the magistrate thinking Mr. Freeman was not entitled to hold possession. However, that gentleman not content with the decision of the magistrate, or with appeal to higher court,thought proper to take an extraordinary course to obtain that satisfaction which he was denied in due course of law. He wrote a letter to Mr. Shaw, which he (the learned counsel) would

now read to the court.

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of Mr. Freeman as a British subject in the roll aboveAssistant-Surgeon J. James deposed that the description mentioned, was in defendant's hand-writing.

man, will be driven to the unpleasant necessity of taking | the first opportunity of making public to every one at Bhaugulpore and elsewhere his Mr. Shaw's, want of faith and bonesty in his engagements, written or verbal, his disregard to truth, and his non-repugnance in forfeiting posed that he was an officer in his Majesty's navy, and Lieut. Frederick Blood, examined by Mr. Clarke, dehis character as a gentleman; and this, if Mr. Shaw per- happened to be at Bhaugulpore at the time of the circusists in endeavouring to evade the said verbal agreement, lation of the paper by Mr. Freeman. At the request of Mr. Freeman will undertake to prove to the satisfaction Mr. Shaw, witness went to Mr. Freeman and demanded of any one who may wish to enquire as to the truth of Mr. a copy of the circular. Mr. Freeman replied that he had Freeman's charge.' The learned counsel continued: he supposed Mr. house of that officer where he made a copy of the circusent it to Lieut. Swatman. Witness proceeded to the Freeman imagined that Mr. Shaw would submit to re-lar which he now produced. Lieut. Don was at the sign what the law had decided in his favor; but not so. house of Lieut. Swatman at the time witness copied the Mr. Shaw was one of the oldest indigo planters at Bhau- circular. (Cross examined by the Advocate-General.) gulpore, the most respected, and the most respectable; The copy and the original were not examined by any and Mr. Freeman's bullying not having succeeded -according to his wishes, that gentleman proceeded to carry person but myself. his threats into execution by sending a circular round to the society at Bhaugulpore, which he would now read to

the court.

TO THE RESIDENTS AT BHAugulpore.

"Gentlemen, However painful and repulsive the task, Mr. Freeman feels it a duty he owes to the society at Bhaugulpore, to expose in their true light the principles and character of one of its members, viz. Mr. W. Shaw. "Mr. Shaw having forfeited his word and written engagement, and having violated the terms of a most solemn written agreement with Mr Freeman, Mr Freeman holds himself bound by his promise held out to Mr. Shaw under date the 4th instant, to put every one upon his guard against such a character, and to publish that the said Mr. Shaw is void of all sense of honour, faith, integrity or shame; and as such Mr. Freeman takes his opportunity of posting him as a person void of all honourable principle in having broken through his engagements, both verbal and written,-in having violated his most sacred written pledge, as the inventor of the most wanton falsehoods, and as having forfeited all claims to the character of a gentleman, and a member of a respectable society. The above facts Mr. Freeman undertakes to prove to any person who may be inclined to inquire into them."

a man

"To Mr. Harding, Col. D'Aguilar, Mr. Steer, Dr. Innis, Major Graham, Mr. Jackson, Dr. Webster, Lieut. Swatinan, Adjutant Don, Mr. Lee Warner, Mr. Hawes, Mr. Urquhart, Mr. Shaw, Mr. Field, Mr. Hutchinson, Mr. Gatfield, Mr. Johnson, and others.

This, continued Mr. Prinsep, was circulated to the society at Bhaugulpore so long ago as April last, and since that time nothing in the shape of accommodation has been done by this defendant. The paper had been circulated to the civilians in the neighbourhood, one of whom, apprehensive that it might lead to a breach of the peace, took measures to acquaint the magistrate of the district, and the parties were each bound over. Thus, this court was the only course which Mr. Shaw could take to uphold his character as a gentleman, and the necessity of his having recourse to it was apparent. It was not only imporant that Mr. Shaw's character should stand well with the society at Bhagulpore, but also that it should stand well with the house in Calcutta with which he was Excessive damages was not the object which the plaintiff sought, but to give the defendant an opportunity of substantiating his charges and to have an opportunity to rebut his accusations. had let go his opportunity of pleading a justification by Defendant, however, pleading the general issue. What defence would be set up the learned counsel was at a loss to imagine, but he supposed that some attempt would be made to mitigate the court's censure by attempting to shew that defendant had received some provocation which induced him to pursue the course which he had adopted.

connected.

Jurisdiction was proved by the roll formerly furnished to Government by the magistrates in the Mofussil, containing a list of British subjects residing in each dis

trict.

lication. On his cross-examination by Mr. Leith, wit-
Assistant-Surgeon W. B. Webster also proved the pub-
ness deposed that he had heard of a disagreeable letter from
Mr. Freeman to Mr. Shaw, and one also from Mr. Shaw
to Mr. Freeman. Had heard of the dispute about churs,
and that subsequently the decree of the magistrate had been
reversed, and that Mr. Freeman is now in possession of
the lands. Mr. Shaw's letter was pretty sharp; so was
Mr. Freeman's. Witness knew that Mr. Freeman pro-
posed to submit the dispute to a reference which was re-
fused by Mr. Shaw. At the time the paper was circu-
lated, Mr. Shaw was in possession of the lands which Mr.
Freeman thought were his own.

circular taken by Lieut. Blood.
Mr. Prinsep now proposed to put in the copy of the

The Advocate-General submitted that the copy ought not to be received, as the original was not proved to be in the possession of defendant. But the court overruled the objection.

This was the case for the plaintiff.

appear of so much importance as his learned friend in Mr. Advocate-General replied. This case did not his opening had endeavoured to attach to it. friend must have felt the ground trembling under him Indeed, his because he had introduced that which was not supported disputes about some churs, and that the magistrate by evidence. It had been stated that there were angry having decided against the defendant, the latter has, in consequence, issued the circular on which this action is brought. But what had appeared from the evidence was belonged to Mr. Freeman. How he had taken possesthat Mr. Shaw had taken possession of the lands which sion of them did not appear, but unfortunately this court furnished plenty of instances, that indigo planters when they took possession of lands, not their own, were accustomed to do so by violence. The court would recollect a case in which something more serious than a circular had ensued, were death had followed, and a trial in this court had been the consequence. But what did the defendant do? He wrote a letter which had been read, but not put in evidence; to this letter, as the court had heard, Mr. Shaw returned an angry reply, and a circular in which the plaintiff was described as a man without honor or principle. He was not going to justify those terms, nor could they be justified but by the record that would stamp the plaintiff with infamy for life; but the charge was not of a serious discription or one which a gentleman whose mind was irritated might not make. It did not charge the life with the stigma; but now all that could be said, was plaintiff with theft: had it done so, he might go through that some time ago, another indigo planter, with whom he had a dispute, had stated that the plaintiff was not a man of strictly honourable feeling. It was alleged that the plaintiff had lost the society of his friends and neighbours, but their lordships would see that they were here ready whom the learned counsel had not dared to put a single to give evidence for him in a court of justice, and to question to show that the plaintiff had suffered in society by the imputations now complained of. The learned counsel hoped the court would take into consideration the

light character of the words, and not visit his client with any but a light verdict.

The Court.-There can be no doubt but that there must be a verdict for the plaintiff. This libel is not of so light a character as the counsel for the defendant has described it; on the contrary, the words are strong, the plaintiff being described as a man void of all honor and integrity, and without pretension to the character of a gentleman. It is alleged that no damage has been proved, but it is quite impossible to say that the circulation of the libel must not have had a very injurious effect. Taking into consideration the letter written by Mr. Shaw as going in some degree to lessen the amount of damages, we cannot give a verdict for a less amount than Rs 1,000.

SALAR BUX V. JOKEERAM.

"My dear Woolen,-I never in my life sat down to write you under such unpleasant feelings as press upon me at this moment, for Duff informs me that although the agents were made acquainted with my having borrowed money for the concern, they told him they would not provide for it till the close of the season, and would allow us a credit of only Rs. 20,000 to go through with. He is as anxious as I am myself to pay you the sum we have used, and urges me to endeavour to borrow the money upon his bond jointly with mine. And this I shall be most happy to do if it can be effected. But I do not believe any of the natives would lend it us for a few months. I have reason to believe I could borrow the amount from Colnet upon this security, but before doing so I would wish to ask your sanction. Had it not been for the circumstances mentioned in your last, I should not have hesitated to ask to let the sum remain on interest until we had closed the season, but situated as you are, and as we are from the niggardly conduct of Palmer's house, I am both annoyed and hurt, and could I have anticipated such behaviour from them, when I borrowed the money from you, I would have allowed the factories to go to the devil rather than have used one rupee. I will write you at the moment of receiving Duff's letter, and as there is no time to lose, let me beg of you to inform me immediately, whether I shall apply to Colnet or not. If you say no," can you mention any native from whom I should be likely to obtain it? He would secure his 12 per cent. interest, and risk there is none, for the produce of the year under any circumstances will much more than provide for it. I am so dreadfully harassed in mind at this untoward occurrence, that it is out of my mind to allude to any thing else. Do pray write me a line by the bearer, and tell me what to do, (signed) J. Barnes, dated 13th May, 1828, address

This was an action on two policies of insurance effected on goods shipped in Calcutta in 1833, for Patna. The defendant resides in the territories of Runjeet Sing, but as it was stated by the plaintiff, has a cootie in Calcutta, where he has gomastas and carries on the business of a river insurance agent. The policies were simple and set forth, as is usual, in the name of a hindoo deity, the leakage of the roof, the negligence of the crew, damage by damp to be at the hazard of the owner of the goods; burning, sinking, and robbery to be at the hazard of the insurer. Defendant's gomasta put a man on board, who remained until the boat reached Monghyr. He then left the boat, and proceeded to Patna, intending to see the goods landed at that place, but the boat was sunk immediately after sailing from Monghyr. Defendant mainly relied on his plea to the jurisdiction, and called witnesses to prove that his cootie was closed before the plaint was filed. There was, how-ed to W. Woolen, Esq. ever, evidence to prove that the gomastas remained in the house to collect outstanding debts, and the court thought that was sufficient. Verdict for the plaintiff, Sa. Rs 7,605.

FRIDAY, FEBRUARY 5.

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My dear Sir, I am just favoured with your account and shall immediately refer it to Mr. J. Barnes, as well as your letter I fear it will be out of our power to pay you half of the debt down, without a sale can be effected of the indigo of this season, of which I see but little likelihood at present; but the whole of the proceeds of last year shall be made over to you, and I and Mr. Barnes

William Woolen v. William Duff and James Barnes. will give you a life insurance for your claim, and a bond Mr. Leith opened the pleadings.

Mr. Osborne stated the case for the plantiff. In this case the plantiff is a member of the civil service, the defendants are indigo planters at Purneah, and the action is brought to recover a sum of Rs 34,000 money lent and paid to the defendants. In 1827-8 the plaintiff was residing at Purneah, where the defendants had extensive indigo factories which they rented from the Jate firm of Palmer and Co. In 1827 that firm thought proper to circumscribe the amount of their advances, and it became necessary that Messrs. Duff and Barnes should endeavour to provide other resources. In this emergency they applied to the plaintiff, who was at the time on terms of intimacy with both the defendants, but on terms of particular intimacy with Mr. Barnes, and who consented, actuated by motives of friendship to Barnes, to lend from time to time various sums of money, to allow them to carry on their joint business. The loans were to continue for a long period of time, extending from December 1827 to August 1829, at the end of which period the amount due was Rs 34,879. The payments were made in a great measure to T. and P. l'aliner in Calcutta, Barnes drawing on George Palmer at Purneah. The facts are simple and the evidence complete, though it would appear that the defence will require some management, from the long line of senior counsel engaged in it. It appears that defendants, though otherwise in partnership, have severed in their defence, and by employing the whole of the senior counsel, have reduced my client to the sad expedient of leaving his case to be conducted by me. Mr. Osborne then read the following letter.

for the debt, in order that you may recover in the event of a lapse. When you intend to favour us with a call, would you let us know to prevent our being from home. With best compliments to Mrs. Woolen, I remain, your's sincerely, (signed) J. Duff, dated 30th Dec. 1830, addressed to W. Woolen, Esq."

The jurisdiction was proved.

The witnesses for plaintiff and defendants were ordered to retire out of court.

Mr. Peter Palmer was called and produced the books of the firm of T. and P. Palmer, but the books not being original or having been kept by a sircar, the witness was allowed to refer to them. Examined by Mr. Osborne. I recollect a payment having been made in December 1827 to the order of James Barnes. The money was paid for Mr. Perry, whose timbers we had. Captain Robinson was appointed on behalf of Mr. Woolen, and T. and P. Palmer were agents for Mr. Perry. I received directions from Captian Robinson not to pay any sums of money to the consigner; this was with reference to the proceeds of the timber. Captain Robinson said Mr. Woolen had advanced sums of money to Mr. Barnes on the strength of the timber being mortgaged to him. We could not place the proceeds to the credit of Mr. Woolen, but to the credit of the consigner. I believe Mr. Woolen was in our debt. There was a payment to Mr. Barnes in the month of December. I think there were two, one for Rs 1,200, and one for Rs. 5,000. The last payment was made out of the proceeds of the timber; both payments were so made. They were made on acceptances of ours falling due. This letter dated 14th Nobember, 1827, addressed to my brother Georg,

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