Edited Text
CORRESPONDENCE, =
NEW BRUNSWICK AFPA missioners of the Small Debt
NEW BRUNSWICK AFPALRS.
( Prow ovr oun ( âorrespondent )
holders thems: Ives, and consequently interested
|
} the Ineâ ia her trip to Recky Pott.
(parties, The âIstanderâ is blamed for puffing up |
| shall we say of fim when we find him sneaking off
at i> vos
The Shareholders refuse to pay their iistal-| ity, oeent to our mind. But what must we think
l wents, and the directors ennnot site, 2s the Com! of the bravery of amanâa man! who keeps duell-
Court are shore- |
i| ing pistols to fire daily at a target. so that he may
This ix 9 gala day ia New Rrwnewick. Ai least |
it ix intended for such, and all may mingle in the |
common sports provided for the oecasion. The
weather, however, is net a little umprepitious from
the ominous hovering of thick mist and heavg fog | === =o > -- â
in the upper neighbourheed of the city. Tome,â Charlottetown, 30th June, 1862.
personally, it matters little whether saow, rain, |
sunshine, or wiet usurp the upper regions. lw
have little in harweny with the yelling and mean- |
ingless shouts of a tumultuous crowd, and less)
conviction that any geod will result from the
events that will engage the minds and sway the |
feelings ot these whe have been let loose frou |
theit comfinement. 1 intend not to moralise here,
my good reader, so yeu most not conelude that |
am a stoic in my ideas of wherein consists true)
pleasure, and 1 claim a share ia the universal pri-
vilege of individual judgment. No person can en- |
tectain a mere tnshaken respect for the leng-!
established precedents and customs of our glorious: quiet
forefathers than I do; but this sentiment, most
laudable as it ix. is quite consistent with the noble
ard sserriog privilege of private opinion, conse-
The Examiner.
INJURED INNOCENCE!
INTO COURT
ny
SECRETARY GOERS
OF CHARACTER
THE
POR
COLONIAL
A CERTIFICATE
IN THE
TO Ghiey !!!
with his friend the Leade
erated as it has been with the blood of the hervie jing at Georgetown, the last named gentleman
brilliant and animated | who pretends to possess a great deal of physical
forkere of the Reformation, and transmitted to us
as a heritage of priceicss value.
{ have digreased te some extent here; but di-|
gression aud myself are not entirestrangera. Let
me endeavor te atone fer it by resuming my main
subject. [ believe | was saying someting about
dhe upper regions, but a further edition mast be} |
wilered in order to comply with the reader's re-
quisition. Now knew ye that by Executive pro-
elamation this the anniversary of tie accession of
(dneen Victoria has been substituted as a public
holiday threaghout the Province, iustead of the
more usually observed anniversary of Her Majes-
} makes one of his usually
innocence.
the 34 February, 1862, en the character of his
MEANS OF AN ACTION POR Lipet! â FAILS | ledge of their designs?
ATTEMPT TO GET IT! !âAND COMES
port fornished to us by a listener)âthat the pain-
ful neceessity devolved upon him of bringing to|
» notice of their Lordships a very grievous hbel
which had been published in Tye EXAMINER of
snid, @id net intend to ask a jury for damages â
wa ty a distant County to ask for the interposition of
| the Supreme Court, in a very unusual way, against
(an adversary who is engaged in his parliamentary
| dutics, and who has no knowledge of his designs ?
\Ishe the man of spiFit and pluck whe usea the
{money which he gets from the people for doing
| ment, in
. journalist, many miles away, who has no know-
|
'
j
lthe libel? Is it the part of an hovourable man
| speeches to the Court, in a ease of deeply injured âand moral courage to attempt te seek shelter un-
He regrettedâ-(according to the re-| der the eagis of the Supreme Court, and fire upon
| his adversary, while he seeks to deny to that ad-
versary the very weapons which he employs bim-
self?
plication te the Supreme Court for a criminal in-
Such, in fact, would be ihe effect of his ap-
formation against the editor of THe HKXAMINER. |
} P â . 4
friend the Coloma] Sceretary. That officer, he | Mr. Pope might bring forward any number of}
| witnesses he pleased to give testimony in his fa-
attain te an unerring aia in mortal combatâwhat
lnothing, to subsidise the Leader of the Govern-
order that /e, too, may use his GREAT
| INFLUENCE, to perplex and oppress a public
is it a courageous act tor
one editor to ask the Court to file a criminal in-
en furmation against another, when the applicant, as
Wate attending to our duties in the House of | can be easily proved, is the most outrageous li-
| Assembly in Mareh last, Mr. Seeretary Pope | beller that was ever known in this Island; and
ly tramps down to Georgetown, in company when, if his application were allowed to take ef-
rof the Government, ! feet, his antagonist could not bring witnesses to
| Mr. Palmerâand, the Supreme Court then sitt-) prove the charges which were alleged to constitute
tyâs natal twenty-fourth of May. Several hun-
dreds of persons have seized the eppestanity to |
suspend their regular avocations, and to proceed
t» some faverite country spot.there to breathe the
atmosphere of health aud treedom not experienced
jn the walks ut eity life and toil; there to wander
at. of admire, according to their vitiated ov re;
fined taste, the unpolished manners of the hardy |
rustics whe tremble in the external
excellence 1 lord ot
presence of
â» Fredericton a steamer
i very grave one, and should not be allowed to pass | following netice was handed to us by a writer in
i . . .
he was willing to admit that his character had | vour: we coyld not bring ferward one solitary
not been injured by the libelâ (are should think | W itness if the Rule Nisi were made absolute, and
the admission might be made in safety) â bat the | a crimininal information filed against us.
imputation upon his character was nevertheless a) When the Georgetown Court was closed, the
'
âr rao 2
r saith that he humbly sub-| friend Mr. Palmer told in the room | low. He
â : . Fi 4 meved or injured
mits this case should net be met by filing an Intor-} said he did not feel pe rsonally aggrievt : ' . em
' : id ili i âhie ye ality »_ g ec
mation, as songht for, but that said W illiam Henry | by the article w hich formed th subj : .
Pope should be left to the more ordinary â "7 complaint; but the honour of the Governmen
vsive tribunals and modes of proceeanig, } a fe NEA jcer against wh
pe po segghe bry but thie depouent was affected by retaimug oes . - es
doth say that if said William Henry Pope hath | serious charges were preferred. hand:
sustained any da nage by said article complained feelings into the matter, b
~gard the article complained
tovernment, and
And deponent furthe
rot
bring his own private
he asked the Jury to rt
of, as an attack upon the whole Âą
to visit it with their high displeasure.
The Jury were not impulsive men, but plain,
practical sens of Adam and Eve. » They did not
intend to hafry on their deeision. '
power of thinking to the matterâslept .
which appeared in the â Islander wo nights, and had eed {operat at
âeset cal which called forth the remarks of| days before they dente: ae La er
the â Kixa heir interviews with Mr. Pop )
rt eaplene: fn tk, at eam em hiss it he had wriiten the editorial article im the
3yst January, which had called
âIslanderâ of the ; ms
forth the objectionable remarks in the âEx
of, this deponent is ready to pay such damage as
a Jury of the couatry may, after hearing the me-
rite th vith proofs and pleadings in the
ordcury and usual mode, require by their verdict
I that this depenent should pay. neat ,
(signed) EDWARD WHELAN.
Sworn before int, J. Low, Commissioner for
taklig Affidavita in the Supreme Court.
The article referred to in the above affidavit,
* of the 3ist) ©
fullows:â
âInDECESCY oF THE â Examisrn.âââThe last
number of the * Examiner ââ contains an anonymous > 2 i â itted that
communication, signed a Dreamer, whieh we] ner,â of the Jrd of February. He admitt i
notice only in order to express our reprobation of
the conduct of the editor of that paper, in cireula
ting ove of the most indecent, filthy, obscene, and
disgusting productions ever printed A ee
the publication of which, were Lo âampbellâs
Act in force in this Island, would render Whelan
liable to severe punishment. As have Degeettâs
Act for the suppression of obscene pubsications ir | grrrar
not in force aa and the ABANDONED CREATURE, | the affurr under consideration, he
who publishes the âExmminer,â cannot, = presume, ) 6.) inte one of their profound cogitationsâthey
be panished in a summary Inanner, for the outrage i ai : ? Pa
which be has offered to the moral sensibilities of the | probably indulge da glance at Mr. Pope Z
community, we trust the subscribers of that ehy extremities. They began to think that the Judges
â . he Âą : a - ; ing so tilthy . â
will express thejr disgust by discontinuing se eseviotaheictionts bavtenil Mr. Pope's seit
not clean; and that he should be sent out of the
a production, and return the last muwuber to the
He professed | (rand Jury Reom as speedily as possible to per-
. i
he did. âThat admission established two impor-
tant factsâfirst. that he was the editor of the
âIslander,â which, it was sworn, had made libel-
leus attacks on the editor of the â Examiner ;ââ
and, second, that he was really the aggressor in
The Jury then
Honornapire Bowarp WHecay.â
Mr. Palmer then rose to reply. ;
to be very much astonished at the affidavit just ! form aâ woral ablution, and mend bis manners
Mr. Whelan, he said, had taken a course | generally. In very plain words, the Grand Jury
read,
entirely oppoSte
true Mr. W. had denied corrupt motive and de-| poice,
sign in pubhshing the matter complained of, but! of their indepen
he was not satisfied with the denial; and he pro-| we sineerely thank then.
. i. 62d es epee ee ee a ere pe â : a â 7
without jJuatela eensure aha punisnm uf. the office of the Hon. Edward Palmer:â
Mr.
%
Pope, be reminded the Court, held the high and
respon sible office of Secretary to the Colony and
Kise's Coury, 2 In the Supreme Court of Jadica
ro wit: § ture, March Term, in the twenty
â"
| ceeded te read several law authorities, in the rein |
i proved the
We have dwelt, perhaps, longer on this subjee
cation |
attempt to prove that the mere fact of publi i th
i
mative,
to anything he expected. It was} dismissed the case, without one solitary dissenting
Jn doing so, they have given a high proof |
sdence aud imparticlity, for which |
an we should, on gecount of its personal charac
existence of a malignant and eorrupt | ter. Kut the public importance which Messrs.
l
these seekers for pleasure proceeded on last night,
to witness a grand review of the troops in that
city, and te streli anongst the beautiful prome
nades and lanes and bowers and gardens that give
to the eapital an almost unrivalled prounncace
anoagst the handsome ejties of America.
Iv St. Jobn, gotwithstanding the anfavourable
condition ef the day, some attempts have been
waade te produce merriment aad dissipation
through the idle imbabitants. A few companies
of the militarymarehed threagh the puble streets,
aud presented a very fine bg Oey while bands |
of music, cricket matches, ludicrous processions | auditory of this superbly eloquent manâ~that uei-
assist fo infuse a spirit of liveliness into the de- ther he nor his eljent wished to deal barahly
pond loon rose y with
; | Ă©
3 A _â ae Fine Be |the editor of Tue Examiner. If that person
assemblage of Revd. gentlemen | ,
of the Wesleyan Church has been with us for | would retract all that he had written in the Ex-
some days past, and â | ae ee no * poe pot AMINER of the 3d February against Mr. Pope,
5 erenaalhaatay y Aste canal y aga ty we and make a humble apology to that gentleman, he
i i â had neo doubt that, in the exercise of w kindly dis-
the of which their pious Inbours are
Aciicated. Ihave not the satisfaction of know-| position, the Colonial Secretary would not pro-
ceed to trin|, In the meantime he moved the
ing any of the important resolutions of their con-
| Court to grant the Rule Nigi, and based his mo-
Chief Clerk of the Executive Council.
man oceupying his position should have and main-
tain a character free from blemish â otherwise
the Government who continued him in the public
Atter
nonsense about the reluc-
service would be seriously compromised.
utiering a great deal of
tance he felt in taking such a case in hand, he
then said, in a flow of generous enthusiasm, which
voeation, and, therefore, my Christian reader, |
am unable to communicate any intelligence in re-
gard to the deliberaGone of
tiemen.
âThe
at the Theatre this evening; and as 1 have prac-'
ticed enough of self-denial to-day, | think my) having obtained a copy for that purpose,
nce at the play this evening is uetimprebable;)
tw fact, I am pretty certain Pll be there; and oh!) Prinee Edward Isiand :
if I only hind some one to accompany me, how In the Supreme Coart of Judicature,
much fon then I at ony i spond William Henry Pope, of Charlottetown, in
ar obemnbadiene eee. arnt! Queen's County, in the said Island, Colonial Se-
a on . â cretary of the said Isiand, maketh oath and saith,
St. John, June 20, 1962. P. E. I. that Edward Whelan, of Charlottetown, is the
1 aes Ă© ante il proprietor and publisher of a certain weekly News-
e â uvegpetiing tease â nig paper, printed and published in Charlottetown
Dean StnâOn the read from Charlottetown, on | aforesaid, iutituled âThe Examiner, a weekly
Friday evening June 2th, L was coon by Âź! Journal of Politics, Literature and News ;â and
party § the poumioam, or by ee Oe this deponent saith that on or about âTuesday, the
a gets Nag Rape Resrvgge, A eper gir tourth day of February, One thousand eight hua-
hus
meeting with the gallant defenders of â Happy ; ?
homes and altars free,â nor would I have troubled dred and sixty-two, this deponent read in a pum-
vou with this, did not their semi-barbarous condnet | ber of the said Examiner Newspaper, bearing
deserve fo be shown up to the men who granted | date the third day of February last past, the fol-
four hundred pounds for the â more efficient organi- | lowing words, namely :â* James
zation of the Volunteer corps,â and who, perbaps, | William H. Pope are
had not the pleasaare of witnessing the use to which |
Her Majesty's gunpowder was applied. The party
ef Volunteers, numbering eight or nine, who re
|
ay of â Cooleen Bawnââą is to be performed
| sete forth the cause of action, we insert it here
certainly a fancy lot to be
regarded as preackers on stich a subject.
| forget their antecedents woefully. âThe one has
ev
A gentle- |
must have been very refreshing to the extranced |
Both |
fifth yeur of the Keigu of Queen Vietoria.
| Upon reading the several affidavits of Willi
{tienry Pope and Joseph Bertram, and part ef a
| printed Newspaper thereto annexed. called âThe
Ext miner, published Monday, the third days
ot February, in the vear of ovr Jord one thoysand
t ; n With the
und ending with the
wha pu
eignt hundred and sixty-two, beginning
words âJames B. Coovepz,
words âbyprocrisy and humbug; It is ordered
that Tresday, ti ath dav of May next canijug, in
Easter Tarm of t tid Court, at Churlotivetown, i
Queen's Cognty, be given to Edward Whelan t
shew caus W hy an iufermation should not be ex
hibited against him for certain misdemeanors in
printiag nnd publishing certain seandatona Hbels,
upon notice ef this rule to be given to bim jn the
mgap time. Ounmotion of Mr. Edward Palmer.
By the Court,
(Signed) D. HODGSON,
Prothonetary.
he st
n
i)
It is amusing to observe the way in which this
legal document refers to the alleged libellous imat-
and ending with the words hypocrisy and hum-
â
; bug.â "The connection was certainly very close,
ose evangelic gen tion on an affidavit made by Mr. Pope, which he | and nothing could be more suggestive of â iypo-| aynounced by him in the March Court at George- |
then handed te the Clerk of the Crown; and as it! crisy and humbugâ than the name with which the | townâthat Mr. I
article commenced.
At the Easier Term of the Court, in Charlotte-
1+
\town, Mr. Whelan appeared in his own person to
show cause why the Rule should not be made ab-|
solute. He stated that he had not been furnished
| with a copy of Mr. Popeâs affidavit, which he
| thought Mr. Popeâs Attorney should have given
| him; he had, however, an opportunity of perusing
it through the kindness of an officer of the Court,
| only a few hours previous to the opening of the
'Yerm; and, with the assistance of Counsel, had
| prepared an affidavit in repiy to 1t.
ling the reply, Mr. W. proceeded to comment on
âsome of the statements contained in Mr. Pope's
.
Defore read-
13. Cooper and affidavit. He denied most positively, as his repli-| ali events, they were not in the least disturbed at | weight on the present Government.
| eatory affidavit would be found to set forth, that
jhe had published the matter complained of froim
mh)
ter: â Beginning,â it says, â with -J, B. Cooper4
rye ' . ee rink, | * eget]
The learned Judges took a very different | Palner and Pope attached to it has very greatly
view of the matter, and told Mr. Palmer, seveial
Those gentlemen
ed
: | diminished the personality.
| times, that his cases were not to the point. Phe | plainly stated that they regarded the eontemplat
âlearned Leader of the (
| coutinued to flounder onâto read and argueâbut } and influence of the Governmentâboth said that
the more he read, and the more he argued, mae Mr. Pope could not werthily hold the ofice of
| te » wae! . â . .
i more coufused he became, and the ofteiter he was | Colonial Secretary, unless the Court first, and
liuterrupted by the Court. Finally, the Ceiat | then âhe Grand Jury acceded to his application
Justice addressed hii in words nearly as follows : |
â*Mr. Palmer, you should remember that you |
are applying to the Court for a very extraordinary
exercise of its authority, aud before making the
application, you should have been prepared with
proof so clear and positive as to leave no doubt on
the minds of the Court as to the propriety of ac-
ceding to your request.â This rebuff seemed to
for a criminal Informatian against us. He has
been most signally defeated in the two attempts
he has made to obtain it. We shall now see
whether Messrs. Palwer and Pope were practis-
ing a ruseâor, as the latter defines the word,
â fraud and deceitââin appealing to the political
sympathies of the Court and Jury, when they
tried to have us criminally indicted, and to
stagger the learned Counsel â he lost temper for nuzzle our Press. With the foul blotches on his
a-few axtéments ;-anil then he sought to try what) character, Mr. Popo admits that he is not worthy
| virtue there was in pelitieal sympathy. He coin. | of the situation he holde~Mr. Palmer states posi-
| imumeated to their Lordships the notable fact â tively that the Governor cannot continue him in
: ; ayprerigal .â offge without doing great dishonor to himeelf.
ope was Provincial Secretary iM | Win the Governor and Mr. Palmer consent to
| this Island â a very able and influential officerâ | Mr. Pope's continuance in office? They willâ
that it was of the first consequence not only to| they mustâthey cannot help it. âThey were ial
himself, as an individual member of the commu | aware of Mr. Pepe's antecedents before he took
nity, but to the Goccruament, to have his character} the office of Colonial Secretary. âThey knew the
| cleared of the imputations alleged against if; anc | grounds upon which Governor Daly positively re-
| he assured the Court that if bis client were not i fused to appoint him; and by continuing him in
allowed an opportunity to do this, by means of a office now, the whole Exceutive Council, from the
eriminal information being filed agrinst the ac-!
|| eovernor down, become pariies to â fraud and
cused, His ExccHeacy the Lieut. Governor cowâ dancitâą according to the argument used by the
not continue hia in offccONE HOorR! The J ages: Colonial Secretary himself.
P oss " ââ . : y:
did not seem to think that Mr. Pope's mates continued for the few days yet allotted to the Go-
, from office, on account of his bad character,woul lj rerpment. No man can be found who will serve
{ i eriot *risi he « Dur anther avi.t ze
bring a serious crisis on the country âthey evi âthe purposes of the Liberal party so well as Mr.
| dently appeared to-have no pulitieal feelingsâat | WEL Pope, so long as he is continued a dead
,
Mr. Palmerâs announcement of the fate that | just had a very signal proof of the nti ot Oe
|uwaited Mr. Pope in the event of an adverse |
lrespeet with which he is regarded by his own
, nee > ns 1e * : . |
tovermnent, unabashed, | action for libel as one which affected the honour |
We hope he will be |
| weainst 1,644,000 in hand on the first of
hve The depressing inflnence of this sta
things in the manufac
ithe great increase of pa
lon the rates.
J Pg | lack of bridges for crossing the (hj
~ of The whole right wing depended upon ricleuhonty
Auring distriete is Been in
uperism aod the pressure
. ; new
way and bridge, in conrse of constrnetion
effective croming, The writer remarks :â
â The building of this bridge is no engy work
jand the approaching cansewaye have a in
â for,
PRUSSIA. length of one thourand yardsâ Every part of {
The King has reevived a deputation from the | stricture ts exposed tw a constant shelling from t
ber with the Address, and delivered the fol. CMâŹâąY * batteries, and every workman ig wit}
| Cham
lowing
j assurance
expressed. :
junchangeably upon the ground of the constitution
Ito whieh I have sworn, as well as upon that of
| my programine of November, 1858, and that I am
âtherein in full aceord with my Ministry, I add
They gave @ thereto the firm expectation of seeing the senti-
âments you have expressed ratified by deeds. As
|you have selected a seutence of my prograinme af
17858, it would be well that you should impress it,
line by line, upon your minds. You will then
\rightly estimate my sentiments.â
|
AUSTRIA.
| A somewhat curious scene has taken place in
ami-|the Austrian Representative Chamber. During |
ithe debate on the budget varions telling attacks
lwere made upen the Finanee Minister, Von
Diener, and it was annonneed and established that
he had made a great mistake in his calculations,
the deficit turning out to be 74 millions of florins
instead of 60 millions as he had originally fixed it.
The House was disagreeebly startled by this re-
velation, and signified its want of contidence in
its Fmance Minister by declining to take in hand
the subject of augmented taxation until it should
\be ratistactorily settled wiyt the amouat really
} was requisite te mect the deficiency.
?
SPAIN.
| The Correspondencia di Espano states that
[Spain will act in America as she has acted at
iNaples and Turin. Jealous of her own indepen-
!denee, she will respect that of others.
recognise accomplished facts if Kurepe shenld
isanetion them. but will never be reconciled to
actions hurtful to her dignity and isteresta.
THE BISHOPS IN ROME.
The Bishops in Rome, in their address to th
| Pope, deplore the oppression of the Church, an
| declare that the temporal power is necessary fi
t | the independence of the Pope. They approve a
Ithat the Pope has douwe in defence of the rights «
the Lily Sve. I hie
They condemn the errers w
ihave already heen condemned by the Pope, an
exhort an)
lance. âThe address is signed by 21 Cardina
) 214 Bishops.
3 aud
BELGIUM.
| We regret to learn that the accounts of the
jhealih of the King of the Lelgians are the reverse
, of fuvorabie.
NEW ZEALAND.
replyâ* 1 have received with pleasure the
of loyal devotion which has just been | te fi
While repeating that I still remain} the structure,
She will,
his Holiness to continue tirm in his remst-|
range of the unerring rifles of hundreds of rel
ey mee Strong parties, generally from Âą;
een buadred men, are constantly workingâ
being relieved at short intervals
| one-quarter of the party, however, is ever work!
i the others being posted ns scouts and pickets. 4
âThis bridge is over a stream but a hundred fe
| wide, its length being caused by the neighhons
lswamp. It rans diagonally across the Chickal,
lniny, and for some distance courses along the bau,
.| Over the swamp it is a corduroy road, hundreds }
leticks of timber being ent and trimmed and ly
| crosewise, until the mire is filled up, and a sol
| superstructure reared. Over the water timber
great strength is laid and securely fustened, Tw
jor three days more will finish the work, whey 4
Which th
right wing will precipitate itself apon the enem
When completed it will be the work of but af
hours to cross a division over, and, wander goger :
ght, suecessfully intrench it in front of t
enemy, and then you may look for another
perhaps, bloodier buttle than the one Âź :
trified the North on the ist day of Jane.â
After neting the frequent arrival of deserters),
correspondent says :â
| âIT firmly believe the report of the
| many rebels to desert. The desertions are no; eg,
fined to the North Carolinians. They are
every State organization in the whole rebel handy
,) Desperation is the exense of most of thet ; wi
j hunger, despair, and dissatisfaction ean be
1S features of all. From the momeut n
| nonnee their intention of deserting by wontly easy
ACTORS the river to our picket pot to shoot, ever
juid in his power is rendered them by the Feden
soldier.â
| will be ready for the longed-for night on
! °
ithe ni
anxiety g
When the news of the defeat of the French
corps in Mexice is known in Paris, we may be
| sure it will rouse that most excilable of populations
\in no ordinary degreeâwhetber they will blame
| their Exmperor or their allies for the dishonour Âąf
| the tri-colour and the slaughter of French soldiers,
; | "Phe Mexican General very naturally exnited in 4
â| victory which must have been unexpected, and
T} issued the following proclamation :â
uy
yf} COMPANIONS IN ARMS: Withone day ofeom.
; | bat you have made amends for se many months
q) of suffering ; victory has crewned your efforts, and
| the French eagies have crossed tie ocean to come
) amid lay down as an offering at the foot of the
Mexican flag their laurels of Sebastop.i,
Vand Solferine.
Soldiers! thank you becanse you have behaved
as brave men and as good Mexicans; the
is proud ot you; the trianph that you have ob.
| tained will be fertile im its results; and4thanks tp
you in the name of Mexico will be respected as it
Otago continues to yield large quantities of | ought. You have fought with the first soldiers of
leold, but the severity of the winter has driven
(back many of the miners to the fields they left in
Victoria. Up tothe 25th of March there had
âbeen exported from Dunedin, mainly to Mel-
bourne, some 357,091 ounces of gold, worth about
aiuillion anda half sterling. Sir George Grey
seems to be gradually winning his way to the os-
tablishment of a line of policy which will restore
the Queen's supremacy in New Zealand, without
recourse to war being necessary. He to
have succeeded in creating or bringing outa loyal
feeling, and forming a strong Queen's party among
the natives, by whom kis measures for the preper
administration of justice seem to be appreciated.
According to official returns published iu the âNew
Zealander of April 5, it appears that ip the wd
| vinee of Auckland the area of land open for selee-
| tion comprises 68,356 acres, and that of unsubdi-
ivided lands there are 220,165 acres of good
| quatity, and 386,360 inferior. In addition it is
found that there is a large quantity of land over
âwhich the native tith has been extinguished, bat
|which has net yet heen handed ever to the Pro-
| Vincial Government,
âTho Civil
-LNCIDENTS
War in the States
r » -
OF THE BATTLE AT
FAIR OAKS.
| THE CHARGE OF THE IRISH AND OTHER BRIGADES.
{ Soon the fire became general, and spread along
ithe Hines of the Lrish Drivade, French's Brigade,
jand the brigade of the gallant Howard. âThis day
jalsoe the enemy's fire was well directed and severe.
Wre have! But it was returned with certainly equal effect, and |
fourmen pushed forward aeross the railroad and
jdowt into the swamp, and now the enemy in his,
jturn gave way. dt was very difieult geound, and
jthe men could not at alltimes keep the line, and
ihe age, and you are the first who have conquered
| thei.
| Sons of the Stateof VeraCraz? Soldiers of the
| State of Mexico ; united you have met the evem
| united you have flown to the enconnter, and un.
| ted vietory has crowned you.
Soldiers: You have saved the honor and inde.
pendence of our country, and it blesses you.
Companions in arms: Vera Independence! Vieg
Liberty! Vica the Supreme Government.
r sqeell Lb. Berrtozanat.
The Boston Journal says :â
âThe reported defeat of 4000 French at
Puebla, Mexico, appears te be confirmed.
were greatly outnumbered by the Mexicana, snd
were repulsed with heavy loss. The affair may
| prove very disastreus to the rest of the Freneh
|army now in Mexico. This event will afford a
| turning point to the singular policy of the French
| Emperor toward Mexico. It 1s possible that the
| disaffection already created on the subject in all
branches of the French servies, and the manifest
difficulties ahead, may lead him to withdraw from
| the project of conquering Mexico, and giving it a
ânew Government. But it is feared that he may
| be sitmmulated to renew his exertions on a grand
, seale, by pouring in large reinforcements in the
j autaznn, and sweeping all resistance before him.
| [t would certainly be curious ifoue of those Gevern-
| neats of Europe. which seem to have been se con-
âcerned at the difficulties of our holding and paei-
| (Ving a conquered country, should be so soon under-
| taking the very thing itself, and that. too, without
any necessity, or meral and legal obligation, such
as inevitably controls our action.
VIERY LATEST.
By Ecpross to Merchantsâ Nears Room, Ch. Town.
June 30, 1862.
juiced in a suit of yrey clothes, striped with red and
& neat grey cap with a red bal}, a fa militaire, lond-
od thelr vitles with the coolness of â veterans of a
juandred betwes.ââ and after tie words â Keady, Pre-
sent, Fire, discharged theie pisces either simulia
ncously or in divisions, The firma was continued
for several miles along the road, and while loadiax
soine of them savy in a thjc musical voice :
â We'll hang Jeif, Davis to a sour apple tree.â
âThis tended to yaxy the monotony of the firing and
Jikeevise to give vous to their playfal inclination in
regard ty the Vresident of the Southern Confede-
sgcy. Mad the Volunteers been driving along sonie
** fovest diaie,ââ far from the â noisy haunts of busy
wen,â their condnet might have n exensable ;
lugt what must we think of them, when in passin
aeart, in which there were two women for eac
Volunteer, When alongside of the cart, to discharge
their rifes, and rend the air with coarse Bacchus
Jian shouts, and to
âPlay such fantastic tricks before high heaven
As make the anuel« weep,â
thereby compelling the fair occupants of the eart to
= them with exys, which emijied an odour any-
hing but agreeable. As they neared * Milton Inuâ
they raised a regular feu-de-joje, and in file far from
military they drove up to the dour to refresh them-
relves with
â Horns of mead, the blessed mead,
That can anpuck the jaden heart of care ;
That climbs «a heated reveller to the brain,
And site there singing songs.â
Sach conduct on the pagt of any persons ia to say |
the least disyracefgl. Phere js no knowing what
combequences might have happened from this reek-
leas firing. What « ol t have prompted men to so
Perhaps they were practising in order to become
expert at firing against the time they are called
npon to repel âinsolentinvaders.â âTis isthe only
renaon which ean be given for the profligate nse of
the Government gaupowder. Hoping the Volun- |
teers will never aguin repeat their conduct of June
uth,
Tam yours truly,
dQueenâs County, June 25, 1802, P. M.
- ae + oo â
CAPTURE OF JACK McGWIGGIN.
This individual, egaiast whom a writ has been
in the Sheriilâs hands for the last six mouths, was | and for which he would have been arraigned, tried
caught on the Ith inst,, and lodged in Kingâs{ and convieted, had it not been for the clemency |
And this depouent saith that the | to corrupt design, and was prepared to pene that the Governorâs honour was involved, and that| extracts :â
Jat Gi, a locality famous for the resiatauce given imputations made upon this deponent, in the pa- | both facte of the general chargeâone of which was | eon vag gts eae :
County Jail. Metiwiggin lives on Brown's Koad, |
to the ex-Sheriff John Smith, Esq., in 1859, who
there narrowly escaped with his life, having had!
his horse killed, and his hat knocked off by mus-!
ket shots. * |
_ Metwiggin is a native of the County Monaghan, |
is @ tuiek set powerfyl built man, aud about 55!
years of age. At the time of Coiner Hughesâ
rebeliion, which cost the country ÂŁ500, Me-
4owiggin was second in command to the Coiner,
and aithough he = chief in organizing and
caarymg on the resisting and evading the
tition 04 Bharidl Sanith laat winter he paid a
visit to his. Agent iu Charlottetown, aud made
soe overtures of a settlement, laying a consider-
able sum of money on the table, After some pe.r-
» MeG taunted the agent for having
cent the after him, and the futility of his
attemptiag te take him. â You d-a-m-n #e-ou-ndr-
el, bi-l ha-ve a goo-d mi-i-v-d to take you now,
idently lost all recollection of baving diddled
| the 9 out of a large sum of money, besides
| exhibiting such conduct towards an aged parent
1}
/as renders more than donbttu
; posaession of one honest or howerable principle.
\"tus other, who regrets that the Editor of the
| Rxaminer cannot be arraigned for an alleged in-
tringement @f moral law, ought to remember that
he was arrajgned, tywd and censured for an im-
mora] and disgraeefy] aet; and that he owes it to
| the clemency of a few friends that he was not alse
| arraigned, tried and couvieted of gomething which
| bears a very ugly name in canncetwn with money
| matters. These are brave 4elk@is certainly to
write short serieas on morality. They fairly il-
lustrate sone of their masters in the Government,
who, it must be confessed, always give a generous
sy not only to the taking qualities whieci
Messrs. Pope and Cooper possess, but to those
other traits by which they are both distinguished
âhypocrisy and humbug.â And this deponent
saith that he hath inspected one other number or
copy of the said Examiner Newspaper, bearing
date the third day of February last past,and which
contains the above recited paragraph, aud which
copy of the said Examiner Newspaper is herewhto
annexed, marked A. And this deponent saith
| that the name William H, Pope, in the said para-
nent. And this deponent saith that the said |
| graph contains a wicked and malignant libel on
the character of this deponent, and was published,
as this depouent believes, from 2 corrupt motive,
jand for the purpose
| convieted of something which beurs a very ugly | open to the party against whom it is made to al-| ch
name in connection with money matters,â relates
| of * pecuniary nature which this deponent had |
| theretofore transacted with the Bank of Prince |
| Edward Istandâand whieh yecited words are in
|} tended to cause it to be believed that this depo-
jnent had been guilty of crimes or offences, or!
of some crime or offenee for whieh this deponent |
,was liable to be arraigned, tried and convicted,
'
of his trviends.
ragraph hereinbefore recited, with reference te
the said transactions of this dsponent with the |
said Bank of Prinee Edward jsiand, are talse,
and without any foundation, Aud this depos nt}
further saith that he did wot do, comrsit, or per-
petrate, or participate in dviag, committing, or |
perpetrating any crime, misdeieanor or oitenee, |
in cCouneetion with money matters, and in relation
to his transactions with the said Bank of Prince
Edward Island, or with any other Bank, or per-
son, OF persons whomsvever, which would render
him liable to be either couvi: ted, tried or arraign-
ed; nor dees heowe it, uurdd he ever oweitto the
clemency of a fow or any other number of friends,
or of any person or persons that he,deponent, was
not arraigned, tried, and couvieted of something
or anything which bears a very ugly name In col-
nection with money matters. âAud this deponent
further saith that the words contained in the pa-
b-be-fore you gu,â says the agent, when Jack
coully goes to ihe table, scoops off the moncy,and
walks out. His capture, after repeated attempts,
was effected by Sheriff McFarlane, accompanied
by Kiely, « pusilict, from Guysborough, and Tom
Newman, a Devonshire Orangeman, MeGwiggw |
was working at a lime-kiln in company with two |
or three others, his son, a lad about 12, stationed
pen mo ee was sent in advance, dis-
gvientl es a countryman, carrying a bundle in his
hand, the Sheriff and Kiely advaneing in an oppe-
site diteetion. The sentry on seeing them gave
the alarin to his father,who looked up and around.
Ou they come, when Metiwigzin draws -a long
, invokes an imprecation on the blo«
bounds approaching, starts off like a stag rapidly
for the forest. On, un he bounds, leaving his pur-
sners far behind, the Sheriff first, then Kiely and
Newman following the whole. Aietewiggurs
courage revives, and a a âeen 4
verberates : you -
dn. Se me et Minks of old Ireland
Waa it for this he
cleared the forest for Larry
Sullivan of London? What did Sullivan give for
the thd? Kiely, a tall powerful wan, with a
sviee of thunder,eommands hl to stop. On they
run. Newman's long aris aud legs rapidly in
passes ths at last gains slowly
on Jack, who, turning round, sees his position be-
coming critieal. Stijl be runs, bounding along,
;
his head drooped crouched, aud âTom, with
head ereet, swiftly pursuing and gradually gain-
ing on him J Bk, as nag waferedle mre
on, at last finding his foe advancing, he turns hke
th
ragraph published in the said Examiner News-
paper, first hereinbefore recited, he pas that w,
this deponent, was âarraigned, tried anc censurec
foc an namora! and disgraceful act,â has reference
to a complaint laid against this deponen t, when a
youth, before a Magistrate or Magistrates, for an
lis elaiims to the}
| graplt, as he verily believes, refers to this depos
to this deponent; and to certain business matters |
a malignant feeling or corrupt motive.
published it in self defenee, because Mr. Pope had
grossly attacked him (Mr. W.) in a previons num-
| ber of the * Islander,â and the publication contained
whole community. One of these facts. was ad-
denied ; but he (Mr. W.) said he was prepared to
prove every word he had written on that subject.
;âshowing that âit is not usual, except under |
! . . . . . |
particular circumstances, to grant an information |
;
" (Chitty, p. 255.) â And even where the ;
Y, p
lege the purity of Lis intentions, and to negative!
the allegations of corrupt design, iwhich will fre-|
quently induce the Court to refuse their sanction to}
tie severer course, and leave the prosceutor to!
t, if he thinks properââ(1b. p. 259.) The}
1 Judges having noted these anthorities, |
Mr. Whelan said he had acted in strict conformity |
lcarnec
only a brief recital of two facts well known to the |
lie had} decision by the Court; aud in a moment after Mr. |
Palmer sat dew
' that Âą!
| Tt wall now be,
i have been so jong.
grateful to tne Ju
the
Bench was postponed.
Wwelsrieat
vat on this subject.
| subject until theyâ gave their judgment.
was not ina position to ask and reevive the special
interpostiion of the Court. Their Lordships
vlainant should tale good care that he came into
arged; and there the matter dropped, so far as
the Bench was concerned.
Mr. Pope was exgeedingly erest-fallen and very
indignant at this unexpected decision. Ho fully
believed that his application would be successful ;
and, offered to lay wagers on
the issue. The appeal tot
predilections of the Judges was made tostrengthen
indeed, he
he presumed political
igus to our readers why we
We felt
es for the courteous piatiner
| politieal friends and partizans.
| rernment.
â_ââ_ _ <4
|e do with the writing of those despatches.
|
'
mara. | Teaw, relating to informations in actions for Libel | ang published against him by Mr. Pope, the latter! Execlleney in the very improper position of ad-
' yising him to write a letter for the â Royal Gaz- [Francis Meagher did the bes
}
| ette, in which he was weak enough to declare, in
7 Of injuring this deponent, | 1 the ease ofa Libel against a private individual, | oqded, we understand, that in commencing an) the face of the-world, that his Executive Counct of these
farforget themselves as to act ina manner enlents- | And this depoevent saith that so much of the said) unless it | .
ted to awaken disyust wf the Velanteer movementâ! paragraph as is contained in the following words,| ..,
| namely: â He owes it to the clemency of a few)
| fr Âą â : Âą . ace * 2ecwRE ati 6 + ated tel t } Z .
| friends that he was not also arraigned, tried and? facts of the accusation cannot be denied, it is still) Cour with clean hands. The rule was then dis-
be of a very injurious and malignant) 4 ogion for libel in the manner proposed, the com? were ignorant of, and not responsibie for the pro- |
duction of a public despatch. Take that, Master
| Pope, as a set-off for your nonsense about Gover-
i nor Dalyâs despatches.
we ~
âLatest News from England.
| oH wi
Tur R. M.S. Arabia arrived at Halifax on
|
|'Tuesday morning last, with dates to the Mth
!
| .
âfrom Liverpoo
|here on Friday morning. The news, which is
with the latter, Me scgatived the allegation as) the application; and when they were informed} not very important, is comprised in the following
not denied by the proeccutor, It was not necessary
for Lim, he said, to say anything further at that
stage of the proceedings. He left the matter in}
the hands of their lordships with the most perfect
confidence in their justies and impartiality. He
then read, and handed into Court, his affidavit,
which is as follows :â
Prince Edward Istand â
In the Supreme Court of Judicature.
In the matter of a Rule Nisi, for leave to file an
Information for Libel against Edward Whelan,
at the instance of William Henry Pope :-â
Edward Whelan, of Charlottetown, ip.Prince
Edward Island, Printer, maketh oath and saith,:
that he bas been served with the Rule Misi. here-
unto annexed, whereby be is called upon to show
cause to this Honorable Court why leave should
jnot be given to file an loformation against him,
this deponent, at the instance of one William
Henry Pope, in such Rule nained, for an alleged
libel on the said Willian Henry Pope, alleged to
alk ged injury to a public building, which said of
ae 3 wal tA vigwet against this deponent. And
this deponent saith that the said charge is, I tie
svid paragraph, se published in the same news
paper, grossly and maliciously exsiggerated. And
deponent saith that the printed Newspaper here-
unto annexed, miituled * The Examiner, a weelsly
Journal of Politics, Literature and News,â aud
containing the prssqcorÂź hereinbefore recited,
was priated and published by the said Edward
Whelan, and that the said Newspaper was pur-
chased, as thia deponent has been informed and
believes, atthe office of the said Edward Whelan
in Charlottetown atoresaid.
W. H. POPE.
Sworn at Charlottetown, in Queen's County, this
eighth day of March, in the year ene thousand
eight hundred and sixty-two, before me,
(Signed) D. Hovason,
Commissioner tor taking Affidavits iu the Supreme
Court of Judicature.
Never dreamiag that such a man as Mr. W. H.
Pope, who has been fur many years an unscrupu-
lous slanderer and libeller on the best men that
ever set foot in this Colony, would ever think of
commencing an action for libel against any indi-
vidual ;âand having no intimation whatever of
to! the object of his visit te Georgetown in Mareh
lastâwe confess we were much surprised when we
the | heard of Mr. Palmerâs speech and motion,of which
we have given a meagre outline. We must say,
however, that we were not in the least annoyec,
because we felt dire we could make matters worse
for Mr. Pope than better if he had the hardihood
to ge to trial. As to making an apology to him!
and retracting anything we had written about
i have been published by this depouent as Proprietor
âaud Publisher of the Examiner Newspaper, pub-
âlished by him in Charlottetown aforesaid.
| And this deponent further saith that the said
{ William Henry Pope is, as he, this deponent, be-
|lieves, in the habit frequently, if not weekly, of
| writing articles in a certain Newspaper called the
|+ Islander,â published in Charlottetown aforesaid ;
| and in such articles violent, abusive, libellous, and
irritating attaeks haye been, from time to time,
and very frequently, made on this deponent, one
of which said articles, which was, as this deponent
thought and still thinks and believes, written by
the xaid William Henry Pope, is referred to in the
article in the * Examinerâ now complained of, and
ied to this deponentâs publishing the same,as a set
otf against the said article in the * Islander.â
That deponent, in the article referred to in the
affidavit of the said. William Heary Pope, used
the word âarraigned,â not considering that in
technical construction it was applied svlely to eri-
minal prosecutions, And deponeat most solemnly
swears that he did not, in the said article, intend
to create or convey the impression that the said
Wiiliam Henry Pope was indebted to the clemeney
of his friends for having been saved from criminal
proceedings in connection with money matters, or
any other matters. That deponent used the terms
â arraigned, tried and convicted,â as applicable to
a civil action. That deponent did n@Âź publish the
said alleged libel from a corrupt motive, as alleged
in the affidavit of the said William Henry Pope,
but it was published solely in reply to an article
in the said Newspaper called the Isiander, as here-
inbetore stated whieh this deponent believes to have
been of a grossly libelous nature, and reflecting
personally on this sce and which this depo-
nent oreeewreeâ es pe se oa by â
William Henry Pope: Âź deponent did so
believe at the time ot the publication of the article
in the Examiner of by the said Wil-
liam Henry Pope.
| go on switnminglyâthat the Editor of the â Ex-
the honor of the whele Colony was likewise in-
volved, as Mr. Pope was one of its chiet officers, |
it was confidently expected that everything would
muinerâ would soon be within the toils of the
Leader of the Goverument and Colenial Secretary
âwould not be allowed to justify in the usual
avay his publication of the article complained of ;
and would, perhaps, -be*heavily fined and im-
prisuned just on the eve .of a-general election.
We have, however, in this instahee, a good
illustration of the truth of Burnsâs line, about
the best laid schemes of mice and menâ going to
the dogs... And we have now to record the fact,
that Mr. William: H. Popeâthe man with the
unclean handsâweut from the Supreme Court to
the Grand Jury Room,
The Grand Jury, at this Term, was composed of
nineteen geotlemen, drawn, as usual, from various
parts of the Countyâseventeen of them have been
known to entertain Conservative opinions in
polities, to which most of them have adhered with
great tecacity; two only have been known as
Liberals. In the nineteen Jurors there were
eighteen Protestants, and only one Catholie.
These faets were well known to Mr. Pope.
Should he despair of success before such a Jury,
notwithstanding the heavy rebuff he received
from the Judges? He !âthe leader in journalism
of the Conservative partyâthe arch plotter and
schemer of the Gevermmentâthe chief clerk of
the Council and the first officer in the civil
Governme at of the Colony, besides being the Re-
presentative Man of the Proprietary party, who
control the Government! And, then, only con-
sider that he has put himself forth as the cham -
pion of Protesiasiiam! He has written divers
artielesâinicudea to be Wery stirringâwarning
his eo-religionists against the evil of â Popery !â
And has he not written sage homilies on the im-
moralities aleged to have been propagated from
the Vatiean? Why should he doubt that he
would not be eminently successful in his applica-
tion to the Grand Jury, composed as it was, with
ouly one Catholic and two Liberalsâon the panel,
ar
aX.
aad GREAT BRITA
A horrible tendeney of pareuts to murder their
| children is on the increase. The reeent case ot
| âTaylor and his wife, who destroyed three of their
little ones by poison, and thea murdered their
landlord in cold bleed, is fresh in every oneâs
memory; and a man named Macktord,distressed
by the death of his wife, has killed two of his
children in London in the same way, avd com-
pleted the tragedy by mortally stabbing himself.
The triends ot Galway have not been idle dur-
ing the recess, for Lord Duakellin and Mr. Gre-
gory both pressed the Premier on the subject of
the renewal of the contract, to which the terse
reply was that âthe subject was under conside-
ration.â This was not deemed satisfactory by the
interrogators, and he was asked when the decision
might be expected, but Lord Palmerston curtly
replied that â it was impossible to say when.â
The Earl of Carnarvon had called attention in
the House of Lords to the proclamation issued by
General Butler to the forces of the Northern
States in New Orleans, ordering that any woman
who showed any disrespect to any officer or sol-
dier should be treated as a woman of the town,
plying her oecupation. Earl Russell, in reply,
expressed his hope that the American Government
would, for its own sake, refuse its sanction to,and
disavow this prociamation. Heconsidered it was
very likely to lead to great brutality.
With respect to a second question but by Earl
Carnarvon with regard to the rumours of a medi-
ation between the Coufederate and the United
States, Earl Rassell sad he was glad that the
noble Lord had raised the subject, for the preva-
lence of these rumours was likely te lead to much
mischief. Hler Majestyâs Government had made
no proposal to the French Government, and the
French Government had made no proposal to her
Majestyâs Goverumeut. Therefore, there had
been no communication of this kind between the
two Governments. Without, however, giving any
opinion as to the propriety of offeriag a mediation
at some future time, if circumstances should be
favorable, he must say that the present appeared
to him te be most inopportune, and he considered
that in the embittered state of feeling of the how
tile parties, it would not only lead to no good,but
ow the time for such an offer being favorably
made.
Lord Paimerston made a similar statement in
the Commons in reply to a question put by Mr.
Hopwood. The same noble Lord also expressed
his strong disapprobation of the Proclamation of
Gen. Butler. He thought there was no man who
could have read the proclamation without feelings
of the deepest indignation. It was a proclamation
to which he did not seruple to attach the epithet
Ile is the man
the Chief Justice calmly said | who owns the âunclean hands,â and who, by his |
own contession, is a dishonoured officer of the Go-
As | the grent ardour and sitperior mus
for ourselves, we cannot see why we should be |
patches. The | the bayonet charge made by Geacral
The Mail for this Island reached |
of infamous, An Englishman must blush to think
° +4 t +
for an Tufurmation against a very obnoxious) pot uch an act has been committed by a man
Liberal and âPapist!â Mr. Pope evidently) belonging to the Auglo-Saxon race.
thought that his chances were at least equal te| The stock of Cotton at present held in Liver-
seventeen against two; and he entered the Grand indeed, th Eu res
very. unfavourably with the stock at the corres-
wuding period ast year. Aceording to a pub-
lished stutcmest these aru wow only 453,000 Lalos|
Jury room with a defiant air.
He lad nearly the same story to tell which his
treating an
- grand inspection of two hu
ou the 9th
pline and effective drill.
writing on the same day, di i
the above, and says the tclatâ te al altogether with
the right wing is entirely
they were often up to their waists ia water in the
advance through the swauryp. Yet still they kep
jon
The carnage by the bayonet upen this field pro
hbably exceeds auvehiing recorded in bjt ay rf
muy a score of years. âPhe Bnegtish cou i Wind Bu
The Excelsior Brigade and the Irish Brigade
from New York, distinzuished
greatly by the impetnority of their on
this terrible weapon. T
cover and shelter, from which they drove them re
| pentedly. At every charge the enemy reeled Pty
i fled before the unwavering lise of flashing steel
| Frequently the conflicts would be land to hand,bu
overpowered them. The men led by Meagher dix
obeyed, as the Irish Brigade vei ~ over the field
and cleared it to the woods near Fair Oak Station
division, to which they were attached.
Award of [that oceasion, Their loss in killed and wounded | nearly 700 in killed, wounded and
? ,
| has not yet reached us, but we learn that Licuten
jants King and O'Connor, of the S5th, and about
| twe
te
t fighiing of the day,
jand vied with each other in wallant deeds. Gene-
jral MeClellan states to-day that tt
sanguinary and sivaal of modern times.
lugain they advanced with the cold steel, and were
jas vigorously met by the enemy. In one place on
the tield of carnage three men were found ou each |
| wide that had fallen by mutnal thrusts. Wao shall
jsay hereafter that volunteers will not stand the |
buyouct.âCor, of N. „. Herald.
| âur Coxrevenate OnsetTâAwn Awrett. Scene. |
}
} âAn extract from a private letter of a member or
| Buttery A, N. Y. Artillery, in Caseyâs division, bet
ter known as the â Napoleon-gun buitery,ââ in th
'tront line of the first day's buttle before Richmond,
save â
| âOur spherical case shot are awfnl missiles,each
of them eÂą sting of a clotted mass of sevemty-six
charge of powder in tl Âą cen-
inusket balls, with a
i tre, that is fired by a fase the same asashel. The
inissile first acta as a solid shot, ploughing its way
throngh masses of men, and then exploding, hurls
| forward a slower ot musket balis, that now down
j the foe in heaps. Our battery threw twenty-four
of these a minute, and as we had the exact range
jot ââ part of the fleld, every shot told with
frightful effect. But the cnemy were not at all
| dauiuted. They marched stexdily on, aud hailed «
periect tempest of balls upon as. Why we,is well
our horses, were not every one shot down, will
forever remain a mystery tome. We did not mind
the leaden hail, however, but kept pouring our
case-shot into the dense masses of the foe, who
owe
half a dozen men killed by the beyonet at Water- | water.
Tue Editor of the âIslanderâ devotes another | loo.
mitted by Mr. Pope himself in his affidavit, namely, | in which we had been treated by them; and we) article in his last paperÂźte the despatches of Go- | both
peer areas horny been quntuced by a thought thatâagreea'ly to the terms of our own yernor Daly on the Rent Roll Bill, and attempts
ie of Magistrates for disfiguring some build-) personal declaration ia open Court, when we said to fasten the responsibility of those documents on
ings in Charlattetown. âThe other fact which had | we cheerfully awaited their decision and confided | the late Government. We very distinetly stated,
reference to his Kank transactions, he, Mr. Pope, | in their justice and impartialityâcommon courtesy | tact week,that the Liberal Govermment had nothing
| required that we should be perfectly silent on the
That
If their Lordships, however, deemed it right to | jndgment has been given, and we feel ourselves at
make the Rule absolute, he knew he coud not | perfect liberty to deal with all the facts of the case. | for we were not in the Government at the time.
adduce one particle of evidence, and would,! We were not ia Coiurt on Tuesday last, when The Colonial Seeretary seems to forget that the |
therefore, be placed at a great disadvantage. Ne âPrinity term began, but we have been informed | present Government went mach further than their
wanted nothing more than an opportunity to meet | that one of the first acts of the Court was to pro-| predecessors in the matter of des
his opponent on equal grounds, and he was sure) nounee jndgment in our ease. The Judges inti-| Palmer and Gray Government positively repudi-
be could satisfy any hanees Jury of tiie wom of all) mated te Mr. Palnter that as his client had failed . ated the despateh written by Mr. Dundas respect | reviments for their gallant conduct in the Held on | attae
his statements. Mr. Whelan then proceeded to! to answer the statement set forth in Mr. Whelanâs| ing the first Bill passed to confirm the
read some extracts from Chitty on Criminal) soiqayit regarding foul libels having been written | the Land Commissiovers; and they placed His
themselves
slanghts with
They were maddened by ; r
the persistency with which the euemy sought every | Liverpool, via Nassau, ran the blockade at
âde of our men | Secre
splendidly. â Fire bat once, boys, and thencharge,â |
abused-on account of their having been written, |â eried the General, and this order was impliciily
uty privates of both regiments, were wounded.
The brigades of Daniel EB. Sickles and Thomas }
ie bayonet charges
two brigades were the most stubborn, | boats, and were entrenching.
Aygain and |
t
Gen. Pope has been assigned the chief som-
mand of the army of Virginia, composed
Generals Fremont's., Banksâ and MeJowellâs
corps. Gen. McUallâs division cf 10 000 of
1) Meow = Corps ae vowened meu by
The latter has also received other
-|reinforcements. Rumours of changes in the
Cabinet regerded as unfounded. â
The new iron Steams hip * Memphis,â from
-} Charleston, with a valuable cargo of guods,
â| Je is rumoured that Kussell has sent are-
|| monstrance against Butler's woman order te
tary Seward. If so, a last reply is ex-
Beauregard denies the reported loss in men
_ and munitions on the retreat from Corinth.
| The Federal account of the Jamesâ Island
âTwo regiments of General Meagherâs Lrish Brigade | Battle near Charleston confesses repulse with
were in the actionâthe 69th, Col. Nagent, and the | gogo a
? „ oe . ver SS. en.
88th, Col. Bakerâand they behaved splendidly in | cevers lows.: Gen. Benkew
ichardson's | .
Major | entrenchments, and was driven ov
contrary to orders,
| brought on the nanquannenneae
(General McClellan personally thanked these two boursâ hard fighting. An hour's delay inthe
k probably caused the failare.â Low
âThe Mich:gan Sth Regt. bad but 250 men lel
| out of the roll call. J
Benham has arrived at New York under
| arrest.
Federal camp located under cover of gua
Confederates constantly arriving at Char-
leston.
Gucri'la parties arc in effective shape in
| North Eastern Miseouri.
| Flour, superfine $4.35 to $450. Extra
$4 75 to $4 85.
| The Confederate army at Richmond num-
ber 100,000 effective men and 72 field pieces.
The entire line of the Federal army ander
| Gen. MeCleilan is gradually advancing ou
| Richmond, and the big fight must soon take
âplace. If they stand firm it will be the
bloodiest and most extensive ever fougat epon
this continent. The ball must open soon,
indeed the music for the promenade is now
ringing in uur ears.
A letter in the Philadelphia Press, dated af
Harper's Ferry on the loth instant, says:
âJt is known to be a fact that Jacksonâs regt-
lararimy, before the reintorceuents from Riebmond
and East Tennessee, at wo time exceeded ten
thousand tree The whole v of Virginia,
as I remarked in a previous letter, ts full of
siouists, who farm and attend to their domestic du-
came on in prodigious and overwhelming force,| ties during the day, but when night comes
And they fought splendidly too. Our shot tore | form guerilla bands and scour the country m
their ranks ite open, a 8 oe them der plunder and stray When Jackson's
in a manner that was frightful to witness; butthey | army advances, earryi before it, these
closed up again at once, and came on as steadily as Aer aanestedbde wae ai it,
English veterans. When they got within four
hundred yards, we closed our case-shot and opened
on them with eannister, and such destruction L
never elsewhere wituessed. At each discharge
great gaps were made in their ranksâiudecd, whole
companies went down before that murderous fire ;
but they closed up with an order and discipline that
was awe-inspiring. They seemed to be animated
with the courage of despair bleuded with the hope
of a speedy victory if they conid by any overwheliu-
ing rush drive us from our position. ~
to see their ranks torn and shattered by every dis-
charge of cannister that we poured right into their
closed up, and still kept advancing right ia the face
of that fire. :
â Atone time, three lines, one behind another,
were steadily advancing, and three of their flags
were brougit in rauge of one of our gans shotted
with canmister. â Fire! sheuted the guaner, and
down went those three flags, and a gap was opened
throngh those three lines, as if a thunderbolt had
torn through them, and the dead lay in swarths.
But they at once closed up, and came steadily on,
never halting or wavering, right throagh the woods
over the fence, through the field, right up to our
guus, aud sweeping everything before them, eap-
turing every piece. When we delivered our last
lire, they were within fifteen or twenty paces of
us, and, as all our horses had been killed or wound-
ed, we could not carry off a gun. Our whole divi-
sion was cut to pieces, with what losses I do not
know. We fell back to a second line of entrench-
ments, and there held the enemy in check till rein-
forcemeuts arrived, and then we kept our position
till wight put an end to the buttle.â
Tur Siece or RicumMoxsp.âUnder date of June
9the army correspondent of the New York Post
writes that no haste is made in completing the
bridges over the Chickahominy, and that an officer
who should know, remarked that the army was hot
waiting for the bridges, and there was no hurry for
them. MeClellan is gaining steadily in position and
strength each day, aithough to the army and the
world at large it is scarcely perceptitle. It is a
close game, and the ingenuity a skill of the
rebels are oo against McClellan. The move of
a single rebel picket leaves us ready to close up and
occupy the poiate left exposed. The rebels are re.
We are advancing âslowly, but surely.
ndred pieces of artil-
ery took place in an open plain, near headqmarters
the men showing a high state of disei-
The correspondent of the Philadelphia Press,
lay in the movements of
owing to the tlood and
It was awful |
faces, and while their dead und dying lay in piles, |
sciousness they have
pro
able-looking
and march as far north as the army goes and if
any battle takes place, they, having a more perfect
knowledge of the country than the treeps from
the cotton States, generally act as skinuishers,
and do a great deal of barm to our forces.
Whenever the rebels retreat they retire frem
the ranks, don their home uniforms, and when eat
soldiers in pursuit pass their places, they find there
soldiers of yesterday ploughing ur im
| the fields.â
â ~~ .
On Tue sday the 10th inst., a fire broke out ia
| Chatham, Miramichi, in a house adjoining the
yremises owned by the heirs of R. |
Two smgle buuses and one double house were
destroyed before the fire was stayed. They #er?
all tenements, and were oceupied by BR. Fairuiat,
Henry Begys, and Mrs. Gaines.
Bie Seat MRP HA
A melancholy accident occurred at Bear River,
| Richibucto, on'the 6th inst. A Mrs, Powell wae
filling a fluid lamp from a can contaiming about &
gallon of fluid, whenâ it became ignited from Âź
candle held by oue of her children near the
The blaze set the house on fire. It burned &
grandcluld of Mrs. P., and very seriously injure 4
herself and three children. The whole building
and its coutents were completely destvoyed.
The wealth of the Rothschilds is estimated a
800,000,000 francs, a sum that in gold would task
the strength of iifty horses to draw it.
A bandsman of the 15th Regiment, named
Voucher, was drowned in the river in front of
Fredericton, while bathing on Saturday last. I
is supposed that he was taken with cramps.
_ââ 2 Po â
The Freneh Governinent is seriously occupied
with a scheme for replanting the mountain
France, the diminution of timber trees
considerable alarm. â
re
> number of me niigon pee
volunteer company, which in a
Mave named * The Devil's Own.â
th
An exchange says that, with two
ions, all the new Canadian Ministers
lawyers. Asto creed, the division is
*
mS Pt ed
Ă©
ae aes
NEW BRUNSWICK AFPA missioners of the Small Debt
NEW BRUNSWICK AFPALRS.
( Prow ovr oun ( âorrespondent )
holders thems: Ives, and consequently interested
|
} the Ineâ ia her trip to Recky Pott.
(parties, The âIstanderâ is blamed for puffing up |
| shall we say of fim when we find him sneaking off
at i> vos
The Shareholders refuse to pay their iistal-| ity, oeent to our mind. But what must we think
l wents, and the directors ennnot site, 2s the Com! of the bravery of amanâa man! who keeps duell-
Court are shore- |
i| ing pistols to fire daily at a target. so that he may
This ix 9 gala day ia New Rrwnewick. Ai least |
it ix intended for such, and all may mingle in the |
common sports provided for the oecasion. The
weather, however, is net a little umprepitious from
the ominous hovering of thick mist and heavg fog | === =o > -- â
in the upper neighbourheed of the city. Tome,â Charlottetown, 30th June, 1862.
personally, it matters little whether saow, rain, |
sunshine, or wiet usurp the upper regions. lw
have little in harweny with the yelling and mean- |
ingless shouts of a tumultuous crowd, and less)
conviction that any geod will result from the
events that will engage the minds and sway the |
feelings ot these whe have been let loose frou |
theit comfinement. 1 intend not to moralise here,
my good reader, so yeu most not conelude that |
am a stoic in my ideas of wherein consists true)
pleasure, and 1 claim a share ia the universal pri-
vilege of individual judgment. No person can en- |
tectain a mere tnshaken respect for the leng-!
established precedents and customs of our glorious: quiet
forefathers than I do; but this sentiment, most
laudable as it ix. is quite consistent with the noble
ard sserriog privilege of private opinion, conse-
The Examiner.
INJURED INNOCENCE!
INTO COURT
ny
SECRETARY GOERS
OF CHARACTER
THE
POR
COLONIAL
A CERTIFICATE
IN THE
TO Ghiey !!!
with his friend the Leade
erated as it has been with the blood of the hervie jing at Georgetown, the last named gentleman
brilliant and animated | who pretends to possess a great deal of physical
forkere of the Reformation, and transmitted to us
as a heritage of priceicss value.
{ have digreased te some extent here; but di-|
gression aud myself are not entirestrangera. Let
me endeavor te atone fer it by resuming my main
subject. [ believe | was saying someting about
dhe upper regions, but a further edition mast be} |
wilered in order to comply with the reader's re-
quisition. Now knew ye that by Executive pro-
elamation this the anniversary of tie accession of
(dneen Victoria has been substituted as a public
holiday threaghout the Province, iustead of the
more usually observed anniversary of Her Majes-
} makes one of his usually
innocence.
the 34 February, 1862, en the character of his
MEANS OF AN ACTION POR Lipet! â FAILS | ledge of their designs?
ATTEMPT TO GET IT! !âAND COMES
port fornished to us by a listener)âthat the pain-
ful neceessity devolved upon him of bringing to|
» notice of their Lordships a very grievous hbel
which had been published in Tye EXAMINER of
snid, @id net intend to ask a jury for damages â
wa ty a distant County to ask for the interposition of
| the Supreme Court, in a very unusual way, against
(an adversary who is engaged in his parliamentary
| dutics, and who has no knowledge of his designs ?
\Ishe the man of spiFit and pluck whe usea the
{money which he gets from the people for doing
| ment, in
. journalist, many miles away, who has no know-
|
'
j
lthe libel? Is it the part of an hovourable man
| speeches to the Court, in a ease of deeply injured âand moral courage to attempt te seek shelter un-
He regrettedâ-(according to the re-| der the eagis of the Supreme Court, and fire upon
| his adversary, while he seeks to deny to that ad-
versary the very weapons which he employs bim-
self?
plication te the Supreme Court for a criminal in-
Such, in fact, would be ihe effect of his ap-
formation against the editor of THe HKXAMINER. |
} P â . 4
friend the Coloma] Sceretary. That officer, he | Mr. Pope might bring forward any number of}
| witnesses he pleased to give testimony in his fa-
attain te an unerring aia in mortal combatâwhat
lnothing, to subsidise the Leader of the Govern-
order that /e, too, may use his GREAT
| INFLUENCE, to perplex and oppress a public
is it a courageous act tor
one editor to ask the Court to file a criminal in-
en furmation against another, when the applicant, as
Wate attending to our duties in the House of | can be easily proved, is the most outrageous li-
| Assembly in Mareh last, Mr. Seeretary Pope | beller that was ever known in this Island; and
ly tramps down to Georgetown, in company when, if his application were allowed to take ef-
rof the Government, ! feet, his antagonist could not bring witnesses to
| Mr. Palmerâand, the Supreme Court then sitt-) prove the charges which were alleged to constitute
tyâs natal twenty-fourth of May. Several hun-
dreds of persons have seized the eppestanity to |
suspend their regular avocations, and to proceed
t» some faverite country spot.there to breathe the
atmosphere of health aud treedom not experienced
jn the walks ut eity life and toil; there to wander
at. of admire, according to their vitiated ov re;
fined taste, the unpolished manners of the hardy |
rustics whe tremble in the external
excellence 1 lord ot
presence of
â» Fredericton a steamer
i very grave one, and should not be allowed to pass | following netice was handed to us by a writer in
i . . .
he was willing to admit that his character had | vour: we coyld not bring ferward one solitary
not been injured by the libelâ (are should think | W itness if the Rule Nisi were made absolute, and
the admission might be made in safety) â bat the | a crimininal information filed against us.
imputation upon his character was nevertheless a) When the Georgetown Court was closed, the
'
âr rao 2
r saith that he humbly sub-| friend Mr. Palmer told in the room | low. He
â : . Fi 4 meved or injured
mits this case should net be met by filing an Intor-} said he did not feel pe rsonally aggrievt : ' . em
' : id ili i âhie ye ality »_ g ec
mation, as songht for, but that said W illiam Henry | by the article w hich formed th subj : .
Pope should be left to the more ordinary â "7 complaint; but the honour of the Governmen
vsive tribunals and modes of proceeanig, } a fe NEA jcer against wh
pe po segghe bry but thie depouent was affected by retaimug oes . - es
doth say that if said William Henry Pope hath | serious charges were preferred. hand:
sustained any da nage by said article complained feelings into the matter, b
~gard the article complained
tovernment, and
And deponent furthe
rot
bring his own private
he asked the Jury to rt
of, as an attack upon the whole Âą
to visit it with their high displeasure.
The Jury were not impulsive men, but plain,
practical sens of Adam and Eve. » They did not
intend to hafry on their deeision. '
power of thinking to the matterâslept .
which appeared in the â Islander wo nights, and had eed {operat at
âeset cal which called forth the remarks of| days before they dente: ae La er
the â Kixa heir interviews with Mr. Pop )
rt eaplene: fn tk, at eam em hiss it he had wriiten the editorial article im the
3yst January, which had called
âIslanderâ of the ; ms
forth the objectionable remarks in the âEx
of, this deponent is ready to pay such damage as
a Jury of the couatry may, after hearing the me-
rite th vith proofs and pleadings in the
ordcury and usual mode, require by their verdict
I that this depenent should pay. neat ,
(signed) EDWARD WHELAN.
Sworn before int, J. Low, Commissioner for
taklig Affidavita in the Supreme Court.
The article referred to in the above affidavit,
* of the 3ist) ©
fullows:â
âInDECESCY oF THE â Examisrn.âââThe last
number of the * Examiner ââ contains an anonymous > 2 i â itted that
communication, signed a Dreamer, whieh we] ner,â of the Jrd of February. He admitt i
notice only in order to express our reprobation of
the conduct of the editor of that paper, in cireula
ting ove of the most indecent, filthy, obscene, and
disgusting productions ever printed A ee
the publication of which, were Lo âampbellâs
Act in force in this Island, would render Whelan
liable to severe punishment. As have Degeettâs
Act for the suppression of obscene pubsications ir | grrrar
not in force aa and the ABANDONED CREATURE, | the affurr under consideration, he
who publishes the âExmminer,â cannot, = presume, ) 6.) inte one of their profound cogitationsâthey
be panished in a summary Inanner, for the outrage i ai : ? Pa
which be has offered to the moral sensibilities of the | probably indulge da glance at Mr. Pope Z
community, we trust the subscribers of that ehy extremities. They began to think that the Judges
â . he Âą : a - ; ing so tilthy . â
will express thejr disgust by discontinuing se eseviotaheictionts bavtenil Mr. Pope's seit
not clean; and that he should be sent out of the
a production, and return the last muwuber to the
He professed | (rand Jury Reom as speedily as possible to per-
. i
he did. âThat admission established two impor-
tant factsâfirst. that he was the editor of the
âIslander,â which, it was sworn, had made libel-
leus attacks on the editor of the â Examiner ;ââ
and, second, that he was really the aggressor in
The Jury then
Honornapire Bowarp WHecay.â
Mr. Palmer then rose to reply. ;
to be very much astonished at the affidavit just ! form aâ woral ablution, and mend bis manners
Mr. Whelan, he said, had taken a course | generally. In very plain words, the Grand Jury
read,
entirely oppoSte
true Mr. W. had denied corrupt motive and de-| poice,
sign in pubhshing the matter complained of, but! of their indepen
he was not satisfied with the denial; and he pro-| we sineerely thank then.
. i. 62d es epee ee ee a ere pe â : a â 7
without jJuatela eensure aha punisnm uf. the office of the Hon. Edward Palmer:â
Mr.
%
Pope, be reminded the Court, held the high and
respon sible office of Secretary to the Colony and
Kise's Coury, 2 In the Supreme Court of Jadica
ro wit: § ture, March Term, in the twenty
â"
| ceeded te read several law authorities, in the rein |
i proved the
We have dwelt, perhaps, longer on this subjee
cation |
attempt to prove that the mere fact of publi i th
i
mative,
to anything he expected. It was} dismissed the case, without one solitary dissenting
Jn doing so, they have given a high proof |
sdence aud imparticlity, for which |
an we should, on gecount of its personal charac
existence of a malignant and eorrupt | ter. Kut the public importance which Messrs.
l
these seekers for pleasure proceeded on last night,
to witness a grand review of the troops in that
city, and te streli anongst the beautiful prome
nades and lanes and bowers and gardens that give
to the eapital an almost unrivalled prounncace
anoagst the handsome ejties of America.
Iv St. Jobn, gotwithstanding the anfavourable
condition ef the day, some attempts have been
waade te produce merriment aad dissipation
through the idle imbabitants. A few companies
of the militarymarehed threagh the puble streets,
aud presented a very fine bg Oey while bands |
of music, cricket matches, ludicrous processions | auditory of this superbly eloquent manâ~that uei-
assist fo infuse a spirit of liveliness into the de- ther he nor his eljent wished to deal barahly
pond loon rose y with
; | Ă©
3 A _â ae Fine Be |the editor of Tue Examiner. If that person
assemblage of Revd. gentlemen | ,
of the Wesleyan Church has been with us for | would retract all that he had written in the Ex-
some days past, and â | ae ee no * poe pot AMINER of the 3d February against Mr. Pope,
5 erenaalhaatay y Aste canal y aga ty we and make a humble apology to that gentleman, he
i i â had neo doubt that, in the exercise of w kindly dis-
the of which their pious Inbours are
Aciicated. Ihave not the satisfaction of know-| position, the Colonial Secretary would not pro-
ceed to trin|, In the meantime he moved the
ing any of the important resolutions of their con-
| Court to grant the Rule Nigi, and based his mo-
Chief Clerk of the Executive Council.
man oceupying his position should have and main-
tain a character free from blemish â otherwise
the Government who continued him in the public
Atter
nonsense about the reluc-
service would be seriously compromised.
utiering a great deal of
tance he felt in taking such a case in hand, he
then said, in a flow of generous enthusiasm, which
voeation, and, therefore, my Christian reader, |
am unable to communicate any intelligence in re-
gard to the deliberaGone of
tiemen.
âThe
at the Theatre this evening; and as 1 have prac-'
ticed enough of self-denial to-day, | think my) having obtained a copy for that purpose,
nce at the play this evening is uetimprebable;)
tw fact, I am pretty certain Pll be there; and oh!) Prinee Edward Isiand :
if I only hind some one to accompany me, how In the Supreme Coart of Judicature,
much fon then I at ony i spond William Henry Pope, of Charlottetown, in
ar obemnbadiene eee. arnt! Queen's County, in the said Island, Colonial Se-
a on . â cretary of the said Isiand, maketh oath and saith,
St. John, June 20, 1962. P. E. I. that Edward Whelan, of Charlottetown, is the
1 aes Ă© ante il proprietor and publisher of a certain weekly News-
e â uvegpetiing tease â nig paper, printed and published in Charlottetown
Dean StnâOn the read from Charlottetown, on | aforesaid, iutituled âThe Examiner, a weekly
Friday evening June 2th, L was coon by Âź! Journal of Politics, Literature and News ;â and
party § the poumioam, or by ee Oe this deponent saith that on or about âTuesday, the
a gets Nag Rape Resrvgge, A eper gir tourth day of February, One thousand eight hua-
hus
meeting with the gallant defenders of â Happy ; ?
homes and altars free,â nor would I have troubled dred and sixty-two, this deponent read in a pum-
vou with this, did not their semi-barbarous condnet | ber of the said Examiner Newspaper, bearing
deserve fo be shown up to the men who granted | date the third day of February last past, the fol-
four hundred pounds for the â more efficient organi- | lowing words, namely :â* James
zation of the Volunteer corps,â and who, perbaps, | William H. Pope are
had not the pleasaare of witnessing the use to which |
Her Majesty's gunpowder was applied. The party
ef Volunteers, numbering eight or nine, who re
|
ay of â Cooleen Bawnââą is to be performed
| sete forth the cause of action, we insert it here
certainly a fancy lot to be
regarded as preackers on stich a subject.
| forget their antecedents woefully. âThe one has
ev
A gentle- |
must have been very refreshing to the extranced |
Both |
fifth yeur of the Keigu of Queen Vietoria.
| Upon reading the several affidavits of Willi
{tienry Pope and Joseph Bertram, and part ef a
| printed Newspaper thereto annexed. called âThe
Ext miner, published Monday, the third days
ot February, in the vear of ovr Jord one thoysand
t ; n With the
und ending with the
wha pu
eignt hundred and sixty-two, beginning
words âJames B. Coovepz,
words âbyprocrisy and humbug; It is ordered
that Tresday, ti ath dav of May next canijug, in
Easter Tarm of t tid Court, at Churlotivetown, i
Queen's Cognty, be given to Edward Whelan t
shew caus W hy an iufermation should not be ex
hibited against him for certain misdemeanors in
printiag nnd publishing certain seandatona Hbels,
upon notice ef this rule to be given to bim jn the
mgap time. Ounmotion of Mr. Edward Palmer.
By the Court,
(Signed) D. HODGSON,
Prothonetary.
he st
n
i)
It is amusing to observe the way in which this
legal document refers to the alleged libellous imat-
and ending with the words hypocrisy and hum-
â
; bug.â "The connection was certainly very close,
ose evangelic gen tion on an affidavit made by Mr. Pope, which he | and nothing could be more suggestive of â iypo-| aynounced by him in the March Court at George- |
then handed te the Clerk of the Crown; and as it! crisy and humbugâ than the name with which the | townâthat Mr. I
article commenced.
At the Easier Term of the Court, in Charlotte-
1+
\town, Mr. Whelan appeared in his own person to
show cause why the Rule should not be made ab-|
solute. He stated that he had not been furnished
| with a copy of Mr. Popeâs affidavit, which he
| thought Mr. Popeâs Attorney should have given
| him; he had, however, an opportunity of perusing
it through the kindness of an officer of the Court,
| only a few hours previous to the opening of the
'Yerm; and, with the assistance of Counsel, had
| prepared an affidavit in repiy to 1t.
ling the reply, Mr. W. proceeded to comment on
âsome of the statements contained in Mr. Pope's
.
Defore read-
13. Cooper and affidavit. He denied most positively, as his repli-| ali events, they were not in the least disturbed at | weight on the present Government.
| eatory affidavit would be found to set forth, that
jhe had published the matter complained of froim
mh)
ter: â Beginning,â it says, â with -J, B. Cooper4
rye ' . ee rink, | * eget]
The learned Judges took a very different | Palner and Pope attached to it has very greatly
view of the matter, and told Mr. Palmer, seveial
Those gentlemen
ed
: | diminished the personality.
| times, that his cases were not to the point. Phe | plainly stated that they regarded the eontemplat
âlearned Leader of the (
| coutinued to flounder onâto read and argueâbut } and influence of the Governmentâboth said that
the more he read, and the more he argued, mae Mr. Pope could not werthily hold the ofice of
| te » wae! . â . .
i more coufused he became, and the ofteiter he was | Colonial Secretary, unless the Court first, and
liuterrupted by the Court. Finally, the Ceiat | then âhe Grand Jury acceded to his application
Justice addressed hii in words nearly as follows : |
â*Mr. Palmer, you should remember that you |
are applying to the Court for a very extraordinary
exercise of its authority, aud before making the
application, you should have been prepared with
proof so clear and positive as to leave no doubt on
the minds of the Court as to the propriety of ac-
ceding to your request.â This rebuff seemed to
for a criminal Informatian against us. He has
been most signally defeated in the two attempts
he has made to obtain it. We shall now see
whether Messrs. Palwer and Pope were practis-
ing a ruseâor, as the latter defines the word,
â fraud and deceitââin appealing to the political
sympathies of the Court and Jury, when they
tried to have us criminally indicted, and to
stagger the learned Counsel â he lost temper for nuzzle our Press. With the foul blotches on his
a-few axtéments ;-anil then he sought to try what) character, Mr. Popo admits that he is not worthy
| virtue there was in pelitieal sympathy. He coin. | of the situation he holde~Mr. Palmer states posi-
| imumeated to their Lordships the notable fact â tively that the Governor cannot continue him in
: ; ayprerigal .â offge without doing great dishonor to himeelf.
ope was Provincial Secretary iM | Win the Governor and Mr. Palmer consent to
| this Island â a very able and influential officerâ | Mr. Pope's continuance in office? They willâ
that it was of the first consequence not only to| they mustâthey cannot help it. âThey were ial
himself, as an individual member of the commu | aware of Mr. Pepe's antecedents before he took
nity, but to the Goccruament, to have his character} the office of Colonial Secretary. âThey knew the
| cleared of the imputations alleged against if; anc | grounds upon which Governor Daly positively re-
| he assured the Court that if bis client were not i fused to appoint him; and by continuing him in
allowed an opportunity to do this, by means of a office now, the whole Exceutive Council, from the
eriminal information being filed agrinst the ac-!
|| eovernor down, become pariies to â fraud and
cused, His ExccHeacy the Lieut. Governor cowâ dancitâą according to the argument used by the
not continue hia in offccONE HOorR! The J ages: Colonial Secretary himself.
P oss " ââ . : y:
did not seem to think that Mr. Pope's mates continued for the few days yet allotted to the Go-
, from office, on account of his bad character,woul lj rerpment. No man can be found who will serve
{ i eriot *risi he « Dur anther avi.t ze
bring a serious crisis on the country âthey evi âthe purposes of the Liberal party so well as Mr.
| dently appeared to-have no pulitieal feelingsâat | WEL Pope, so long as he is continued a dead
,
Mr. Palmerâs announcement of the fate that | just had a very signal proof of the nti ot Oe
|uwaited Mr. Pope in the event of an adverse |
lrespeet with which he is regarded by his own
, nee > ns 1e * : . |
tovermnent, unabashed, | action for libel as one which affected the honour |
We hope he will be |
| weainst 1,644,000 in hand on the first of
hve The depressing inflnence of this sta
things in the manufac
ithe great increase of pa
lon the rates.
J Pg | lack of bridges for crossing the (hj
~ of The whole right wing depended upon ricleuhonty
Auring distriete is Been in
uperism aod the pressure
. ; new
way and bridge, in conrse of constrnetion
effective croming, The writer remarks :â
â The building of this bridge is no engy work
jand the approaching cansewaye have a in
â for,
PRUSSIA. length of one thourand yardsâ Every part of {
The King has reevived a deputation from the | stricture ts exposed tw a constant shelling from t
ber with the Address, and delivered the fol. CMâŹâąY * batteries, and every workman ig wit}
| Cham
lowing
j assurance
expressed. :
junchangeably upon the ground of the constitution
Ito whieh I have sworn, as well as upon that of
| my programine of November, 1858, and that I am
âtherein in full aceord with my Ministry, I add
They gave @ thereto the firm expectation of seeing the senti-
âments you have expressed ratified by deeds. As
|you have selected a seutence of my prograinme af
17858, it would be well that you should impress it,
line by line, upon your minds. You will then
\rightly estimate my sentiments.â
|
AUSTRIA.
| A somewhat curious scene has taken place in
ami-|the Austrian Representative Chamber. During |
ithe debate on the budget varions telling attacks
lwere made upen the Finanee Minister, Von
Diener, and it was annonneed and established that
he had made a great mistake in his calculations,
the deficit turning out to be 74 millions of florins
instead of 60 millions as he had originally fixed it.
The House was disagreeebly startled by this re-
velation, and signified its want of contidence in
its Fmance Minister by declining to take in hand
the subject of augmented taxation until it should
\be ratistactorily settled wiyt the amouat really
} was requisite te mect the deficiency.
?
SPAIN.
| The Correspondencia di Espano states that
[Spain will act in America as she has acted at
iNaples and Turin. Jealous of her own indepen-
!denee, she will respect that of others.
recognise accomplished facts if Kurepe shenld
isanetion them. but will never be reconciled to
actions hurtful to her dignity and isteresta.
THE BISHOPS IN ROME.
The Bishops in Rome, in their address to th
| Pope, deplore the oppression of the Church, an
| declare that the temporal power is necessary fi
t | the independence of the Pope. They approve a
Ithat the Pope has douwe in defence of the rights «
the Lily Sve. I hie
They condemn the errers w
ihave already heen condemned by the Pope, an
exhort an)
lance. âThe address is signed by 21 Cardina
) 214 Bishops.
3 aud
BELGIUM.
| We regret to learn that the accounts of the
jhealih of the King of the Lelgians are the reverse
, of fuvorabie.
NEW ZEALAND.
replyâ* 1 have received with pleasure the
of loyal devotion which has just been | te fi
While repeating that I still remain} the structure,
She will,
his Holiness to continue tirm in his remst-|
range of the unerring rifles of hundreds of rel
ey mee Strong parties, generally from Âą;
een buadred men, are constantly workingâ
being relieved at short intervals
| one-quarter of the party, however, is ever work!
i the others being posted ns scouts and pickets. 4
âThis bridge is over a stream but a hundred fe
| wide, its length being caused by the neighhons
lswamp. It rans diagonally across the Chickal,
lniny, and for some distance courses along the bau,
.| Over the swamp it is a corduroy road, hundreds }
leticks of timber being ent and trimmed and ly
| crosewise, until the mire is filled up, and a sol
| superstructure reared. Over the water timber
great strength is laid and securely fustened, Tw
jor three days more will finish the work, whey 4
Which th
right wing will precipitate itself apon the enem
When completed it will be the work of but af
hours to cross a division over, and, wander goger :
ght, suecessfully intrench it in front of t
enemy, and then you may look for another
perhaps, bloodier buttle than the one Âź :
trified the North on the ist day of Jane.â
After neting the frequent arrival of deserters),
correspondent says :â
| âIT firmly believe the report of the
| many rebels to desert. The desertions are no; eg,
fined to the North Carolinians. They are
every State organization in the whole rebel handy
,) Desperation is the exense of most of thet ; wi
j hunger, despair, and dissatisfaction ean be
1S features of all. From the momeut n
| nonnee their intention of deserting by wontly easy
ACTORS the river to our picket pot to shoot, ever
juid in his power is rendered them by the Feden
soldier.â
| will be ready for the longed-for night on
! °
ithe ni
anxiety g
When the news of the defeat of the French
corps in Mexice is known in Paris, we may be
| sure it will rouse that most excilable of populations
\in no ordinary degreeâwhetber they will blame
| their Exmperor or their allies for the dishonour Âąf
| the tri-colour and the slaughter of French soldiers,
; | "Phe Mexican General very naturally exnited in 4
â| victory which must have been unexpected, and
T} issued the following proclamation :â
uy
yf} COMPANIONS IN ARMS: Withone day ofeom.
; | bat you have made amends for se many months
q) of suffering ; victory has crewned your efforts, and
| the French eagies have crossed tie ocean to come
) amid lay down as an offering at the foot of the
Mexican flag their laurels of Sebastop.i,
Vand Solferine.
Soldiers! thank you becanse you have behaved
as brave men and as good Mexicans; the
is proud ot you; the trianph that you have ob.
| tained will be fertile im its results; and4thanks tp
you in the name of Mexico will be respected as it
Otago continues to yield large quantities of | ought. You have fought with the first soldiers of
leold, but the severity of the winter has driven
(back many of the miners to the fields they left in
Victoria. Up tothe 25th of March there had
âbeen exported from Dunedin, mainly to Mel-
bourne, some 357,091 ounces of gold, worth about
aiuillion anda half sterling. Sir George Grey
seems to be gradually winning his way to the os-
tablishment of a line of policy which will restore
the Queen's supremacy in New Zealand, without
recourse to war being necessary. He to
have succeeded in creating or bringing outa loyal
feeling, and forming a strong Queen's party among
the natives, by whom kis measures for the preper
administration of justice seem to be appreciated.
According to official returns published iu the âNew
Zealander of April 5, it appears that ip the wd
| vinee of Auckland the area of land open for selee-
| tion comprises 68,356 acres, and that of unsubdi-
ivided lands there are 220,165 acres of good
| quatity, and 386,360 inferior. In addition it is
found that there is a large quantity of land over
âwhich the native tith has been extinguished, bat
|which has net yet heen handed ever to the Pro-
| Vincial Government,
âTho Civil
-LNCIDENTS
War in the States
r » -
OF THE BATTLE AT
FAIR OAKS.
| THE CHARGE OF THE IRISH AND OTHER BRIGADES.
{ Soon the fire became general, and spread along
ithe Hines of the Lrish Drivade, French's Brigade,
jand the brigade of the gallant Howard. âThis day
jalsoe the enemy's fire was well directed and severe.
Wre have! But it was returned with certainly equal effect, and |
fourmen pushed forward aeross the railroad and
jdowt into the swamp, and now the enemy in his,
jturn gave way. dt was very difieult geound, and
jthe men could not at alltimes keep the line, and
ihe age, and you are the first who have conquered
| thei.
| Sons of the Stateof VeraCraz? Soldiers of the
| State of Mexico ; united you have met the evem
| united you have flown to the enconnter, and un.
| ted vietory has crowned you.
Soldiers: You have saved the honor and inde.
pendence of our country, and it blesses you.
Companions in arms: Vera Independence! Vieg
Liberty! Vica the Supreme Government.
r sqeell Lb. Berrtozanat.
The Boston Journal says :â
âThe reported defeat of 4000 French at
Puebla, Mexico, appears te be confirmed.
were greatly outnumbered by the Mexicana, snd
were repulsed with heavy loss. The affair may
| prove very disastreus to the rest of the Freneh
|army now in Mexico. This event will afford a
| turning point to the singular policy of the French
| Emperor toward Mexico. It 1s possible that the
| disaffection already created on the subject in all
branches of the French servies, and the manifest
difficulties ahead, may lead him to withdraw from
| the project of conquering Mexico, and giving it a
ânew Government. But it is feared that he may
| be sitmmulated to renew his exertions on a grand
, seale, by pouring in large reinforcements in the
j autaznn, and sweeping all resistance before him.
| [t would certainly be curious ifoue of those Gevern-
| neats of Europe. which seem to have been se con-
âcerned at the difficulties of our holding and paei-
| (Ving a conquered country, should be so soon under-
| taking the very thing itself, and that. too, without
any necessity, or meral and legal obligation, such
as inevitably controls our action.
VIERY LATEST.
By Ecpross to Merchantsâ Nears Room, Ch. Town.
June 30, 1862.
juiced in a suit of yrey clothes, striped with red and
& neat grey cap with a red bal}, a fa militaire, lond-
od thelr vitles with the coolness of â veterans of a
juandred betwes.ââ and after tie words â Keady, Pre-
sent, Fire, discharged theie pisces either simulia
ncously or in divisions, The firma was continued
for several miles along the road, and while loadiax
soine of them savy in a thjc musical voice :
â We'll hang Jeif, Davis to a sour apple tree.â
âThis tended to yaxy the monotony of the firing and
Jikeevise to give vous to their playfal inclination in
regard ty the Vresident of the Southern Confede-
sgcy. Mad the Volunteers been driving along sonie
** fovest diaie,ââ far from the â noisy haunts of busy
wen,â their condnet might have n exensable ;
lugt what must we think of them, when in passin
aeart, in which there were two women for eac
Volunteer, When alongside of the cart, to discharge
their rifes, and rend the air with coarse Bacchus
Jian shouts, and to
âPlay such fantastic tricks before high heaven
As make the anuel« weep,â
thereby compelling the fair occupants of the eart to
= them with exys, which emijied an odour any-
hing but agreeable. As they neared * Milton Inuâ
they raised a regular feu-de-joje, and in file far from
military they drove up to the dour to refresh them-
relves with
â Horns of mead, the blessed mead,
That can anpuck the jaden heart of care ;
That climbs «a heated reveller to the brain,
And site there singing songs.â
Sach conduct on the pagt of any persons ia to say |
the least disyracefgl. Phere js no knowing what
combequences might have happened from this reek-
leas firing. What « ol t have prompted men to so
Perhaps they were practising in order to become
expert at firing against the time they are called
npon to repel âinsolentinvaders.â âTis isthe only
renaon which ean be given for the profligate nse of
the Government gaupowder. Hoping the Volun- |
teers will never aguin repeat their conduct of June
uth,
Tam yours truly,
dQueenâs County, June 25, 1802, P. M.
- ae + oo â
CAPTURE OF JACK McGWIGGIN.
This individual, egaiast whom a writ has been
in the Sheriilâs hands for the last six mouths, was | and for which he would have been arraigned, tried
caught on the Ith inst,, and lodged in Kingâs{ and convieted, had it not been for the clemency |
And this depouent saith that the | to corrupt design, and was prepared to pene that the Governorâs honour was involved, and that| extracts :â
Jat Gi, a locality famous for the resiatauce given imputations made upon this deponent, in the pa- | both facte of the general chargeâone of which was | eon vag gts eae :
County Jail. Metiwiggin lives on Brown's Koad, |
to the ex-Sheriff John Smith, Esq., in 1859, who
there narrowly escaped with his life, having had!
his horse killed, and his hat knocked off by mus-!
ket shots. * |
_ Metwiggin is a native of the County Monaghan, |
is @ tuiek set powerfyl built man, aud about 55!
years of age. At the time of Coiner Hughesâ
rebeliion, which cost the country ÂŁ500, Me-
4owiggin was second in command to the Coiner,
and aithough he = chief in organizing and
caarymg on the resisting and evading the
tition 04 Bharidl Sanith laat winter he paid a
visit to his. Agent iu Charlottetown, aud made
soe overtures of a settlement, laying a consider-
able sum of money on the table, After some pe.r-
» MeG taunted the agent for having
cent the after him, and the futility of his
attemptiag te take him. â You d-a-m-n #e-ou-ndr-
el, bi-l ha-ve a goo-d mi-i-v-d to take you now,
idently lost all recollection of baving diddled
| the 9 out of a large sum of money, besides
| exhibiting such conduct towards an aged parent
1}
/as renders more than donbttu
; posaession of one honest or howerable principle.
\"tus other, who regrets that the Editor of the
| Rxaminer cannot be arraigned for an alleged in-
tringement @f moral law, ought to remember that
he was arrajgned, tywd and censured for an im-
mora] and disgraeefy] aet; and that he owes it to
| the clemency of a few friends that he was not alse
| arraigned, tried and couvieted of gomething which
| bears a very ugly name in canncetwn with money
| matters. These are brave 4elk@is certainly to
write short serieas on morality. They fairly il-
lustrate sone of their masters in the Government,
who, it must be confessed, always give a generous
sy not only to the taking qualities whieci
Messrs. Pope and Cooper possess, but to those
other traits by which they are both distinguished
âhypocrisy and humbug.â And this deponent
saith that he hath inspected one other number or
copy of the said Examiner Newspaper, bearing
date the third day of February last past,and which
contains the above recited paragraph, aud which
copy of the said Examiner Newspaper is herewhto
annexed, marked A. And this deponent saith
| that the name William H, Pope, in the said para-
nent. And this deponent saith that the said |
| graph contains a wicked and malignant libel on
the character of this deponent, and was published,
as this depouent believes, from 2 corrupt motive,
jand for the purpose
| convieted of something which beurs a very ugly | open to the party against whom it is made to al-| ch
name in connection with money matters,â relates
| of * pecuniary nature which this deponent had |
| theretofore transacted with the Bank of Prince |
| Edward Istandâand whieh yecited words are in
|} tended to cause it to be believed that this depo-
jnent had been guilty of crimes or offences, or!
of some crime or offenee for whieh this deponent |
,was liable to be arraigned, tried and convicted,
'
of his trviends.
ragraph hereinbefore recited, with reference te
the said transactions of this dsponent with the |
said Bank of Prinee Edward jsiand, are talse,
and without any foundation, Aud this depos nt}
further saith that he did wot do, comrsit, or per-
petrate, or participate in dviag, committing, or |
perpetrating any crime, misdeieanor or oitenee, |
in cCouneetion with money matters, and in relation
to his transactions with the said Bank of Prince
Edward Island, or with any other Bank, or per-
son, OF persons whomsvever, which would render
him liable to be either couvi: ted, tried or arraign-
ed; nor dees heowe it, uurdd he ever oweitto the
clemency of a fow or any other number of friends,
or of any person or persons that he,deponent, was
not arraigned, tried, and couvieted of something
or anything which bears a very ugly name In col-
nection with money matters. âAud this deponent
further saith that the words contained in the pa-
b-be-fore you gu,â says the agent, when Jack
coully goes to ihe table, scoops off the moncy,and
walks out. His capture, after repeated attempts,
was effected by Sheriff McFarlane, accompanied
by Kiely, « pusilict, from Guysborough, and Tom
Newman, a Devonshire Orangeman, MeGwiggw |
was working at a lime-kiln in company with two |
or three others, his son, a lad about 12, stationed
pen mo ee was sent in advance, dis-
gvientl es a countryman, carrying a bundle in his
hand, the Sheriff and Kiely advaneing in an oppe-
site diteetion. The sentry on seeing them gave
the alarin to his father,who looked up and around.
Ou they come, when Metiwigzin draws -a long
, invokes an imprecation on the blo«
bounds approaching, starts off like a stag rapidly
for the forest. On, un he bounds, leaving his pur-
sners far behind, the Sheriff first, then Kiely and
Newman following the whole. Aietewiggurs
courage revives, and a a âeen 4
verberates : you -
dn. Se me et Minks of old Ireland
Waa it for this he
cleared the forest for Larry
Sullivan of London? What did Sullivan give for
the thd? Kiely, a tall powerful wan, with a
sviee of thunder,eommands hl to stop. On they
run. Newman's long aris aud legs rapidly in
passes ths at last gains slowly
on Jack, who, turning round, sees his position be-
coming critieal. Stijl be runs, bounding along,
;
his head drooped crouched, aud âTom, with
head ereet, swiftly pursuing and gradually gain-
ing on him J Bk, as nag waferedle mre
on, at last finding his foe advancing, he turns hke
th
ragraph published in the said Examiner News-
paper, first hereinbefore recited, he pas that w,
this deponent, was âarraigned, tried anc censurec
foc an namora! and disgraceful act,â has reference
to a complaint laid against this deponen t, when a
youth, before a Magistrate or Magistrates, for an
lis elaiims to the}
| graplt, as he verily believes, refers to this depos
to this deponent; and to certain business matters |
a malignant feeling or corrupt motive.
published it in self defenee, because Mr. Pope had
grossly attacked him (Mr. W.) in a previons num-
| ber of the * Islander,â and the publication contained
whole community. One of these facts. was ad-
denied ; but he (Mr. W.) said he was prepared to
prove every word he had written on that subject.
;âshowing that âit is not usual, except under |
! . . . . . |
particular circumstances, to grant an information |
;
" (Chitty, p. 255.) â And even where the ;
Y, p
lege the purity of Lis intentions, and to negative!
the allegations of corrupt design, iwhich will fre-|
quently induce the Court to refuse their sanction to}
tie severer course, and leave the prosceutor to!
t, if he thinks properââ(1b. p. 259.) The}
1 Judges having noted these anthorities, |
Mr. Whelan said he had acted in strict conformity |
lcarnec
only a brief recital of two facts well known to the |
lie had} decision by the Court; aud in a moment after Mr. |
Palmer sat dew
' that Âą!
| Tt wall now be,
i have been so jong.
grateful to tne Ju
the
Bench was postponed.
Wwelsrieat
vat on this subject.
| subject until theyâ gave their judgment.
was not ina position to ask and reevive the special
interpostiion of the Court. Their Lordships
vlainant should tale good care that he came into
arged; and there the matter dropped, so far as
the Bench was concerned.
Mr. Pope was exgeedingly erest-fallen and very
indignant at this unexpected decision. Ho fully
believed that his application would be successful ;
and, offered to lay wagers on
the issue. The appeal tot
predilections of the Judges was made tostrengthen
indeed, he
he presumed political
igus to our readers why we
We felt
es for the courteous piatiner
| politieal friends and partizans.
| rernment.
â_ââ_ _ <4
|e do with the writing of those despatches.
|
'
mara. | Teaw, relating to informations in actions for Libel | ang published against him by Mr. Pope, the latter! Execlleney in the very improper position of ad-
' yising him to write a letter for the â Royal Gaz- [Francis Meagher did the bes
}
| ette, in which he was weak enough to declare, in
7 Of injuring this deponent, | 1 the ease ofa Libel against a private individual, | oqded, we understand, that in commencing an) the face of the-world, that his Executive Counct of these
farforget themselves as to act ina manner enlents- | And this depoevent saith that so much of the said) unless it | .
ted to awaken disyust wf the Velanteer movementâ! paragraph as is contained in the following words,| ..,
| namely: â He owes it to the clemency of a few)
| fr Âą â : Âą . ace * 2ecwRE ati 6 + ated tel t } Z .
| friends that he was not also arraigned, tried and? facts of the accusation cannot be denied, it is still) Cour with clean hands. The rule was then dis-
be of a very injurious and malignant) 4 ogion for libel in the manner proposed, the com? were ignorant of, and not responsibie for the pro- |
duction of a public despatch. Take that, Master
| Pope, as a set-off for your nonsense about Gover-
i nor Dalyâs despatches.
we ~
âLatest News from England.
| oH wi
Tur R. M.S. Arabia arrived at Halifax on
|
|'Tuesday morning last, with dates to the Mth
!
| .
âfrom Liverpoo
|here on Friday morning. The news, which is
with the latter, Me scgatived the allegation as) the application; and when they were informed} not very important, is comprised in the following
not denied by the proeccutor, It was not necessary
for Lim, he said, to say anything further at that
stage of the proceedings. He left the matter in}
the hands of their lordships with the most perfect
confidence in their justies and impartiality. He
then read, and handed into Court, his affidavit,
which is as follows :â
Prince Edward Istand â
In the Supreme Court of Judicature.
In the matter of a Rule Nisi, for leave to file an
Information for Libel against Edward Whelan,
at the instance of William Henry Pope :-â
Edward Whelan, of Charlottetown, ip.Prince
Edward Island, Printer, maketh oath and saith,:
that he bas been served with the Rule Misi. here-
unto annexed, whereby be is called upon to show
cause to this Honorable Court why leave should
jnot be given to file an loformation against him,
this deponent, at the instance of one William
Henry Pope, in such Rule nained, for an alleged
libel on the said Willian Henry Pope, alleged to
alk ged injury to a public building, which said of
ae 3 wal tA vigwet against this deponent. And
this deponent saith that the said charge is, I tie
svid paragraph, se published in the same news
paper, grossly and maliciously exsiggerated. And
deponent saith that the printed Newspaper here-
unto annexed, miituled * The Examiner, a weelsly
Journal of Politics, Literature and News,â aud
containing the prssqcorÂź hereinbefore recited,
was priated and published by the said Edward
Whelan, and that the said Newspaper was pur-
chased, as thia deponent has been informed and
believes, atthe office of the said Edward Whelan
in Charlottetown atoresaid.
W. H. POPE.
Sworn at Charlottetown, in Queen's County, this
eighth day of March, in the year ene thousand
eight hundred and sixty-two, before me,
(Signed) D. Hovason,
Commissioner tor taking Affidavits iu the Supreme
Court of Judicature.
Never dreamiag that such a man as Mr. W. H.
Pope, who has been fur many years an unscrupu-
lous slanderer and libeller on the best men that
ever set foot in this Colony, would ever think of
commencing an action for libel against any indi-
vidual ;âand having no intimation whatever of
to! the object of his visit te Georgetown in Mareh
lastâwe confess we were much surprised when we
the | heard of Mr. Palmerâs speech and motion,of which
we have given a meagre outline. We must say,
however, that we were not in the least annoyec,
because we felt dire we could make matters worse
for Mr. Pope than better if he had the hardihood
to ge to trial. As to making an apology to him!
and retracting anything we had written about
i have been published by this depouent as Proprietor
âaud Publisher of the Examiner Newspaper, pub-
âlished by him in Charlottetown aforesaid.
| And this deponent further saith that the said
{ William Henry Pope is, as he, this deponent, be-
|lieves, in the habit frequently, if not weekly, of
| writing articles in a certain Newspaper called the
|+ Islander,â published in Charlottetown aforesaid ;
| and in such articles violent, abusive, libellous, and
irritating attaeks haye been, from time to time,
and very frequently, made on this deponent, one
of which said articles, which was, as this deponent
thought and still thinks and believes, written by
the xaid William Henry Pope, is referred to in the
article in the * Examinerâ now complained of, and
ied to this deponentâs publishing the same,as a set
otf against the said article in the * Islander.â
That deponent, in the article referred to in the
affidavit of the said. William Heary Pope, used
the word âarraigned,â not considering that in
technical construction it was applied svlely to eri-
minal prosecutions, And deponeat most solemnly
swears that he did not, in the said article, intend
to create or convey the impression that the said
Wiiliam Henry Pope was indebted to the clemeney
of his friends for having been saved from criminal
proceedings in connection with money matters, or
any other matters. That deponent used the terms
â arraigned, tried and convicted,â as applicable to
a civil action. That deponent did n@Âź publish the
said alleged libel from a corrupt motive, as alleged
in the affidavit of the said William Henry Pope,
but it was published solely in reply to an article
in the said Newspaper called the Isiander, as here-
inbetore stated whieh this deponent believes to have
been of a grossly libelous nature, and reflecting
personally on this sce and which this depo-
nent oreeewreeâ es pe se oa by â
William Henry Pope: Âź deponent did so
believe at the time ot the publication of the article
in the Examiner of by the said Wil-
liam Henry Pope.
| go on switnminglyâthat the Editor of the â Ex-
the honor of the whele Colony was likewise in-
volved, as Mr. Pope was one of its chiet officers, |
it was confidently expected that everything would
muinerâ would soon be within the toils of the
Leader of the Goverument and Colenial Secretary
âwould not be allowed to justify in the usual
avay his publication of the article complained of ;
and would, perhaps, -be*heavily fined and im-
prisuned just on the eve .of a-general election.
We have, however, in this instahee, a good
illustration of the truth of Burnsâs line, about
the best laid schemes of mice and menâ going to
the dogs... And we have now to record the fact,
that Mr. William: H. Popeâthe man with the
unclean handsâweut from the Supreme Court to
the Grand Jury Room,
The Grand Jury, at this Term, was composed of
nineteen geotlemen, drawn, as usual, from various
parts of the Countyâseventeen of them have been
known to entertain Conservative opinions in
polities, to which most of them have adhered with
great tecacity; two only have been known as
Liberals. In the nineteen Jurors there were
eighteen Protestants, and only one Catholie.
These faets were well known to Mr. Pope.
Should he despair of success before such a Jury,
notwithstanding the heavy rebuff he received
from the Judges? He !âthe leader in journalism
of the Conservative partyâthe arch plotter and
schemer of the Gevermmentâthe chief clerk of
the Council and the first officer in the civil
Governme at of the Colony, besides being the Re-
presentative Man of the Proprietary party, who
control the Government! And, then, only con-
sider that he has put himself forth as the cham -
pion of Protesiasiiam! He has written divers
artielesâinicudea to be Wery stirringâwarning
his eo-religionists against the evil of â Popery !â
And has he not written sage homilies on the im-
moralities aleged to have been propagated from
the Vatiean? Why should he doubt that he
would not be eminently successful in his applica-
tion to the Grand Jury, composed as it was, with
ouly one Catholic and two Liberalsâon the panel,
ar
aX.
aad GREAT BRITA
A horrible tendeney of pareuts to murder their
| children is on the increase. The reeent case ot
| âTaylor and his wife, who destroyed three of their
little ones by poison, and thea murdered their
landlord in cold bleed, is fresh in every oneâs
memory; and a man named Macktord,distressed
by the death of his wife, has killed two of his
children in London in the same way, avd com-
pleted the tragedy by mortally stabbing himself.
The triends ot Galway have not been idle dur-
ing the recess, for Lord Duakellin and Mr. Gre-
gory both pressed the Premier on the subject of
the renewal of the contract, to which the terse
reply was that âthe subject was under conside-
ration.â This was not deemed satisfactory by the
interrogators, and he was asked when the decision
might be expected, but Lord Palmerston curtly
replied that â it was impossible to say when.â
The Earl of Carnarvon had called attention in
the House of Lords to the proclamation issued by
General Butler to the forces of the Northern
States in New Orleans, ordering that any woman
who showed any disrespect to any officer or sol-
dier should be treated as a woman of the town,
plying her oecupation. Earl Russell, in reply,
expressed his hope that the American Government
would, for its own sake, refuse its sanction to,and
disavow this prociamation. Heconsidered it was
very likely to lead to great brutality.
With respect to a second question but by Earl
Carnarvon with regard to the rumours of a medi-
ation between the Coufederate and the United
States, Earl Rassell sad he was glad that the
noble Lord had raised the subject, for the preva-
lence of these rumours was likely te lead to much
mischief. Hler Majestyâs Government had made
no proposal to the French Government, and the
French Government had made no proposal to her
Majestyâs Goverumeut. Therefore, there had
been no communication of this kind between the
two Governments. Without, however, giving any
opinion as to the propriety of offeriag a mediation
at some future time, if circumstances should be
favorable, he must say that the present appeared
to him te be most inopportune, and he considered
that in the embittered state of feeling of the how
tile parties, it would not only lead to no good,but
ow the time for such an offer being favorably
made.
Lord Paimerston made a similar statement in
the Commons in reply to a question put by Mr.
Hopwood. The same noble Lord also expressed
his strong disapprobation of the Proclamation of
Gen. Butler. He thought there was no man who
could have read the proclamation without feelings
of the deepest indignation. It was a proclamation
to which he did not seruple to attach the epithet
Ile is the man
the Chief Justice calmly said | who owns the âunclean hands,â and who, by his |
own contession, is a dishonoured officer of the Go-
As | the grent ardour and sitperior mus
for ourselves, we cannot see why we should be |
patches. The | the bayonet charge made by Geacral
The Mail for this Island reached |
of infamous, An Englishman must blush to think
° +4 t +
for an Tufurmation against a very obnoxious) pot uch an act has been committed by a man
Liberal and âPapist!â Mr. Pope evidently) belonging to the Auglo-Saxon race.
thought that his chances were at least equal te| The stock of Cotton at present held in Liver-
seventeen against two; and he entered the Grand indeed, th Eu res
very. unfavourably with the stock at the corres-
wuding period ast year. Aceording to a pub-
lished stutcmest these aru wow only 453,000 Lalos|
Jury room with a defiant air.
He lad nearly the same story to tell which his
treating an
- grand inspection of two hu
ou the 9th
pline and effective drill.
writing on the same day, di i
the above, and says the tclatâ te al altogether with
the right wing is entirely
they were often up to their waists ia water in the
advance through the swauryp. Yet still they kep
jon
The carnage by the bayonet upen this field pro
hbably exceeds auvehiing recorded in bjt ay rf
muy a score of years. âPhe Bnegtish cou i Wind Bu
The Excelsior Brigade and the Irish Brigade
from New York, distinzuished
greatly by the impetnority of their on
this terrible weapon. T
cover and shelter, from which they drove them re
| pentedly. At every charge the enemy reeled Pty
i fled before the unwavering lise of flashing steel
| Frequently the conflicts would be land to hand,bu
overpowered them. The men led by Meagher dix
obeyed, as the Irish Brigade vei ~ over the field
and cleared it to the woods near Fair Oak Station
division, to which they were attached.
Award of [that oceasion, Their loss in killed and wounded | nearly 700 in killed, wounded and
? ,
| has not yet reached us, but we learn that Licuten
jants King and O'Connor, of the S5th, and about
| twe
te
t fighiing of the day,
jand vied with each other in wallant deeds. Gene-
jral MeClellan states to-day that tt
sanguinary and sivaal of modern times.
lugain they advanced with the cold steel, and were
jas vigorously met by the enemy. In one place on
the tield of carnage three men were found ou each |
| wide that had fallen by mutnal thrusts. Wao shall
jsay hereafter that volunteers will not stand the |
buyouct.âCor, of N. „. Herald.
| âur Coxrevenate OnsetTâAwn Awrett. Scene. |
}
} âAn extract from a private letter of a member or
| Buttery A, N. Y. Artillery, in Caseyâs division, bet
ter known as the â Napoleon-gun buitery,ââ in th
'tront line of the first day's buttle before Richmond,
save â
| âOur spherical case shot are awfnl missiles,each
of them eÂą sting of a clotted mass of sevemty-six
charge of powder in tl Âą cen-
inusket balls, with a
i tre, that is fired by a fase the same asashel. The
inissile first acta as a solid shot, ploughing its way
throngh masses of men, and then exploding, hurls
| forward a slower ot musket balis, that now down
j the foe in heaps. Our battery threw twenty-four
of these a minute, and as we had the exact range
jot ââ part of the fleld, every shot told with
frightful effect. But the cnemy were not at all
| dauiuted. They marched stexdily on, aud hailed «
periect tempest of balls upon as. Why we,is well
our horses, were not every one shot down, will
forever remain a mystery tome. We did not mind
the leaden hail, however, but kept pouring our
case-shot into the dense masses of the foe, who
owe
half a dozen men killed by the beyonet at Water- | water.
Tue Editor of the âIslanderâ devotes another | loo.
mitted by Mr. Pope himself in his affidavit, namely, | in which we had been treated by them; and we) article in his last paperÂźte the despatches of Go- | both
peer areas horny been quntuced by a thought thatâagreea'ly to the terms of our own yernor Daly on the Rent Roll Bill, and attempts
ie of Magistrates for disfiguring some build-) personal declaration ia open Court, when we said to fasten the responsibility of those documents on
ings in Charlattetown. âThe other fact which had | we cheerfully awaited their decision and confided | the late Government. We very distinetly stated,
reference to his Kank transactions, he, Mr. Pope, | in their justice and impartialityâcommon courtesy | tact week,that the Liberal Govermment had nothing
| required that we should be perfectly silent on the
That
If their Lordships, however, deemed it right to | jndgment has been given, and we feel ourselves at
make the Rule absolute, he knew he coud not | perfect liberty to deal with all the facts of the case. | for we were not in the Government at the time.
adduce one particle of evidence, and would,! We were not ia Coiurt on Tuesday last, when The Colonial Seeretary seems to forget that the |
therefore, be placed at a great disadvantage. Ne âPrinity term began, but we have been informed | present Government went mach further than their
wanted nothing more than an opportunity to meet | that one of the first acts of the Court was to pro-| predecessors in the matter of des
his opponent on equal grounds, and he was sure) nounee jndgment in our ease. The Judges inti-| Palmer and Gray Government positively repudi-
be could satisfy any hanees Jury of tiie wom of all) mated te Mr. Palnter that as his client had failed . ated the despateh written by Mr. Dundas respect | reviments for their gallant conduct in the Held on | attae
his statements. Mr. Whelan then proceeded to! to answer the statement set forth in Mr. Whelanâs| ing the first Bill passed to confirm the
read some extracts from Chitty on Criminal) soiqayit regarding foul libels having been written | the Land Commissiovers; and they placed His
themselves
slanghts with
They were maddened by ; r
the persistency with which the euemy sought every | Liverpool, via Nassau, ran the blockade at
âde of our men | Secre
splendidly. â Fire bat once, boys, and thencharge,â |
abused-on account of their having been written, |â eried the General, and this order was impliciily
uty privates of both regiments, were wounded.
The brigades of Daniel EB. Sickles and Thomas }
ie bayonet charges
two brigades were the most stubborn, | boats, and were entrenching.
Aygain and |
t
Gen. Pope has been assigned the chief som-
mand of the army of Virginia, composed
Generals Fremont's., Banksâ and MeJowellâs
corps. Gen. McUallâs division cf 10 000 of
1) Meow = Corps ae vowened meu by
The latter has also received other
-|reinforcements. Rumours of changes in the
Cabinet regerded as unfounded. â
The new iron Steams hip * Memphis,â from
-} Charleston, with a valuable cargo of guods,
â| Je is rumoured that Kussell has sent are-
|| monstrance against Butler's woman order te
tary Seward. If so, a last reply is ex-
Beauregard denies the reported loss in men
_ and munitions on the retreat from Corinth.
| The Federal account of the Jamesâ Island
âTwo regiments of General Meagherâs Lrish Brigade | Battle near Charleston confesses repulse with
were in the actionâthe 69th, Col. Nagent, and the | gogo a
? „ oe . ver SS. en.
88th, Col. Bakerâand they behaved splendidly in | cevers lows.: Gen. Benkew
ichardson's | .
Major | entrenchments, and was driven ov
contrary to orders,
| brought on the nanquannenneae
(General McClellan personally thanked these two boursâ hard fighting. An hour's delay inthe
k probably caused the failare.â Low
âThe Mich:gan Sth Regt. bad but 250 men lel
| out of the roll call. J
Benham has arrived at New York under
| arrest.
Federal camp located under cover of gua
Confederates constantly arriving at Char-
leston.
Gucri'la parties arc in effective shape in
| North Eastern Miseouri.
| Flour, superfine $4.35 to $450. Extra
$4 75 to $4 85.
| The Confederate army at Richmond num-
ber 100,000 effective men and 72 field pieces.
The entire line of the Federal army ander
| Gen. MeCleilan is gradually advancing ou
| Richmond, and the big fight must soon take
âplace. If they stand firm it will be the
bloodiest and most extensive ever fougat epon
this continent. The ball must open soon,
indeed the music for the promenade is now
ringing in uur ears.
A letter in the Philadelphia Press, dated af
Harper's Ferry on the loth instant, says:
âJt is known to be a fact that Jacksonâs regt-
lararimy, before the reintorceuents from Riebmond
and East Tennessee, at wo time exceeded ten
thousand tree The whole v of Virginia,
as I remarked in a previous letter, ts full of
siouists, who farm and attend to their domestic du-
came on in prodigious and overwhelming force,| ties during the day, but when night comes
And they fought splendidly too. Our shot tore | form guerilla bands and scour the country m
their ranks ite open, a 8 oe them der plunder and stray When Jackson's
in a manner that was frightful to witness; butthey | army advances, earryi before it, these
closed up again at once, and came on as steadily as Aer aanestedbde wae ai it,
English veterans. When they got within four
hundred yards, we closed our case-shot and opened
on them with eannister, and such destruction L
never elsewhere wituessed. At each discharge
great gaps were made in their ranksâiudecd, whole
companies went down before that murderous fire ;
but they closed up with an order and discipline that
was awe-inspiring. They seemed to be animated
with the courage of despair bleuded with the hope
of a speedy victory if they conid by any overwheliu-
ing rush drive us from our position. ~
to see their ranks torn and shattered by every dis-
charge of cannister that we poured right into their
closed up, and still kept advancing right ia the face
of that fire. :
â Atone time, three lines, one behind another,
were steadily advancing, and three of their flags
were brougit in rauge of one of our gans shotted
with canmister. â Fire! sheuted the guaner, and
down went those three flags, and a gap was opened
throngh those three lines, as if a thunderbolt had
torn through them, and the dead lay in swarths.
But they at once closed up, and came steadily on,
never halting or wavering, right throagh the woods
over the fence, through the field, right up to our
guus, aud sweeping everything before them, eap-
turing every piece. When we delivered our last
lire, they were within fifteen or twenty paces of
us, and, as all our horses had been killed or wound-
ed, we could not carry off a gun. Our whole divi-
sion was cut to pieces, with what losses I do not
know. We fell back to a second line of entrench-
ments, and there held the enemy in check till rein-
forcemeuts arrived, and then we kept our position
till wight put an end to the buttle.â
Tur Siece or RicumMoxsp.âUnder date of June
9the army correspondent of the New York Post
writes that no haste is made in completing the
bridges over the Chickahominy, and that an officer
who should know, remarked that the army was hot
waiting for the bridges, and there was no hurry for
them. MeClellan is gaining steadily in position and
strength each day, aithough to the army and the
world at large it is scarcely perceptitle. It is a
close game, and the ingenuity a skill of the
rebels are oo against McClellan. The move of
a single rebel picket leaves us ready to close up and
occupy the poiate left exposed. The rebels are re.
We are advancing âslowly, but surely.
ndred pieces of artil-
ery took place in an open plain, near headqmarters
the men showing a high state of disei-
The correspondent of the Philadelphia Press,
lay in the movements of
owing to the tlood and
It was awful |
faces, and while their dead und dying lay in piles, |
sciousness they have
pro
able-looking
and march as far north as the army goes and if
any battle takes place, they, having a more perfect
knowledge of the country than the treeps from
the cotton States, generally act as skinuishers,
and do a great deal of barm to our forces.
Whenever the rebels retreat they retire frem
the ranks, don their home uniforms, and when eat
soldiers in pursuit pass their places, they find there
soldiers of yesterday ploughing ur im
| the fields.â
â ~~ .
On Tue sday the 10th inst., a fire broke out ia
| Chatham, Miramichi, in a house adjoining the
yremises owned by the heirs of R. |
Two smgle buuses and one double house were
destroyed before the fire was stayed. They #er?
all tenements, and were oceupied by BR. Fairuiat,
Henry Begys, and Mrs. Gaines.
Bie Seat MRP HA
A melancholy accident occurred at Bear River,
| Richibucto, on'the 6th inst. A Mrs, Powell wae
filling a fluid lamp from a can contaiming about &
gallon of fluid, whenâ it became ignited from Âź
candle held by oue of her children near the
The blaze set the house on fire. It burned &
grandcluld of Mrs. P., and very seriously injure 4
herself and three children. The whole building
and its coutents were completely destvoyed.
The wealth of the Rothschilds is estimated a
800,000,000 francs, a sum that in gold would task
the strength of iifty horses to draw it.
A bandsman of the 15th Regiment, named
Voucher, was drowned in the river in front of
Fredericton, while bathing on Saturday last. I
is supposed that he was taken with cramps.
_ââ 2 Po â
The Freneh Governinent is seriously occupied
with a scheme for replanting the mountain
France, the diminution of timber trees
considerable alarm. â
re
> number of me niigon pee
volunteer company, which in a
Mave named * The Devil's Own.â
th
An exchange says that, with two
ions, all the new Canadian Ministers
lawyers. Asto creed, the division is
*
mS Pt ed
Ă©
ae aes