sheti tr rev tf vel ro | nsel ail ¥*? win) rere 3yeoT eiel tabs 'p ror i t naz fuls pat pot har ves pe wi ch the army, and calle for contributions weal ye tor the coming winter “ear ’ pate) f provid them, owing te specula- » Re, nai He }beeves, and a lot of brogans.-“The Raleivh, N C..| « department will Express 8 alarmed at the prospect of the eastepn ; | portion of North Car: . ’ an says that there isa gene ' le frore Culpepper throw t the | fteen thousand andes antd horses, eight thousand rals -Hleavy tiring was heard up James iver on Sinday Oveung jast There Was a green! cale on the Western ‘uakes on Sunday L great many Pesree Welre wrecked, amd mueb life lost | BORRESPONDENCE, . ant rater ' wvance of The Yankees i ai dire ' tl ones ami 1} ' : villing Aga to Phe Richmeoud Mheg of Oct 22. eave A lett wm the Maver of Wihwit N.C ., saya thet for | The f t » ° . * . mc frst tune in wane ry days, the reports of of ferret chow falling off, and we entertain the howe that wi huv the Warst.” A:iviers from new Cases ‘ Texas state that the ‘ Gen. Hask has arriv: d at a Southern port, with au RHENS? Amon nf of pow der and other arfieles.” Phi Was the Enelish” steamer Blanehe, lately devt roped ou the coast of Cuba --- THE ATT AOK ON SHS PUARLES ON AND SAVANNAL R. R. The boston eomtan full partieulars of the attack upon the Charleston and Savan- nah KR. R by the Federals, and claim it as subst mtially n victory. They acknewledge, howe wer, that thay suffered a very larga loss, and did not achieve their object: We take th » flowing reswme from the Boston Cou- Ter —— ‘ Phe special design of thigce lerrm from the cogrtespendemer 0 York papers, was fo destroy the tressel-work bridges of the Chartogton and Sayannah Rail- read, crogsing the Toeotalizo, Tullfinny and Coosawhatchie. ‘These streams are all tribu- tarieg of the Broad River; and te approgen them it wag determined to make a landing at Mackay Point. at the Jenctign of the Rroad and Pocoltaieo riyers, a digrance of 25 miles from Hilton Head, where our troops could be debarked under cover of rupboats, and a march of eleyen mileg wou uke ese to the village of Pogotaligo, at which place it was gc bat the carey would make 4 stand, The chaps Wag iqtended ag s surprige ; and while our main force toe advance, as stated, & smaller body of troops was to create a dirersfon by pengtaading to the Coosawhat- ehie bridge in the steamer Planter, conzoyed by the ganbost Patroon 5 hut with sot E tye to retire ¢ a supenor force. By eu the in ner eae ee the evties ie 1 and 7 be destroyed, and the we ned fog a syd- den blow upor. one Torn of these The land and paval fo i the movement = t It o’elock on t ante of the @ist. The lane forees were composed of first and seeond bri of the Tenth army corps, 4500 in number, commanded by Brig. Gens. JM. Brannan and A. H. Terry, the former being senior officer, and therefore pre Lee expedition. ‘The troops lund- ed at Mackay’s Puint, and commeneed their mateh soon after ten o'clock on Wedneatay morning. The enemy's forces rt. met about seven miles out, and gradually driven back, fighting ag they retired, uptil, gt near- ly six o'clock in the afternoon, they crogsed the Poeotaligo river and destroyed tiie bridge, thas preventing farther purs@it. There were indications of the approach of reinforce- ‘the New . pients from Charleston and Savapnal, and | naw i at last reached steamer BRUNSWICK ABFAIRS. i NEW Fram eur cen Correspondent. ) Subdseriptions towards the relief of the distressed cotton yperatives ia Bayland are being obtained At the } jhere and in other parts ef the Province ” linstance of some influential requisitionists a pub- lic meeiing of the citizens of St. John was con- veved for the purpose ef adopting measures te ac- complieh this benevolent ebject. Seeretaries, |treasuregs, and colleetors were appointed as an jexecutive directory in the matter. 4 series of re- | solutions waa passed in the ustal manger on such an oceasion, without the least gppearauee of op- | position, or design to commit a breach of the peace. ‘Lhe whole proceedings were conducted im & spirit of remarkable tranquility, and nobody evinced the selfish desire of surpassing his neigh- bour in the liberality of his eoutributions. As I have just observed, the peaceable character of the meeting was al} thas coukd be desired. It was also unanimeusly resolved thet al! the clergymen io the eity be requested ta appeal te their cougre- gations fer gaviatance in the advancement af this pinkantbropte enterprise, though same of the churehes have anticipated this regoumendation, and haye colleeted fumds: from ‘the proceeds of charity sermons and other sources. This city alone, if @ said, willsend more than five thousand dollars te the victims of Jeff. Davis’ tramendous vilainy ; and “of hell and treachery keep their pro- mises,” this perfidieus rebel will surely be amply rewarded far his eyormeus guilt. I was almgst forgetting to state—but which I now do, careless of the consequences, and with full deliberation— that imunediately before the meeting referred to, dispersed, a vote of thanks was teydered to and aceepted by his Worship, Mr. Mayor MeAvity, for “ his able conduct in the chair.” Wasn't that nice? And so uncommonly flattering ! For some months past the current of public opinion has bee strongly coursing against the John has been conducted ; and loudly dewanding a rigid investigation. That investigation has been cqnehided. Its results involve charges of grave delinguency against sping of the functionaries counceted with the police force. Two of the officials have been dismissed by the Executive [Ouaaes for incapacity and misconduct in their public duties. One was the Captajn of the Wateh, and the other Clerk of the Police Coupt; both highly esteemed and greatly sympathised with in their ejection from oifices of considerable emoli- ments. But that corruption crept into the system Gen. Brannan therefore ordered & retreat. } and existed somewhere, nobody pretends to ques- which was conducted in 8 moat orderly man- ner, the regiments retiring in successive lines, carrying off their dead and wounded, jtion, and the action of the Government in endea- and } Faring t purify this branch of the corporation, jeaying no arms cr ammunition on the field. | hewever inconzenient to the objects of its opera- While these events were happening with the main body, Col. Barton, with 250 men pene- trated to the railroad at Coosawhatchie, tear- ing ep the track end ties, and catting the ote Be wire. Col. Barton algo gttempted to reach the railroad®bpidge hat was unable, as it was protected ty a battery of three guns. Pegring that bis retreat might be cut off by the enemy's cavalry, he gaye the order to retire to the steam-boat, which was done successfully. The Federal logs op this expe- dition was 4§ men killed, 224 wounded, and 3 missing. “ Although the main object of the expedition failed of suecess.”’ says the correspondent of the New York Times, ‘+ yet tle benefits confepred were not of trifling value. We have made a thorough recon-' noissanee of the heretofore unknown Broad | river and ite trity taries, and ascertained the | honnces the withdrawal of Mr. Smith from his or any other sum, belonging to George E. character of the country, which is knowledge | of immense importance, in view of future | movements in that direction. We haye also demonstrated the necessity of heavy yerm-| forcements, if the Government desire Gea. | being entirely upon consciencious grounds, a silk | Treasury of this Island, are entirely false. And j man’s elevation tp the professieval rank of Queen's, tion, is not only jestifiable, but was imperatively required as a mattey of substantial justice to all eoncegped., Mr. Smith's rgaignation of the first political situation in the Guyernment has caused, as might be expected, a great deal of Newspaper remarks. Every ope is willing to bestpw unmeasured praise lifts being overran by bede-| = LOLOL LAL Le rt | manner wy which the police department of St.}! bre seee ev moras Ghe Examiner, —— = et { ; | } Charlottetown, November 10th, 1862. | I eet INNOCHNCE AGALN IN DISTRESS /THS COLONIAL SECRETARY IN GRIEF | | OVER ANOTHER PECCALIELLO—TRIES TO MUZZLE THE OPPOSITION PRESS, AND GET A CERTIFICATE OF CHA- RACTER PROM THE SUPREME COURT, WITHOUT ALLOWING HIS OPPONENT TO BE HEARD IN DEFENCE. | We thought that Mr. Secretary Pope has had enough of law-suits under the name of ag- tions for libel and slander, but it appears that his appetite for thege things is as ingatiable as his thirst for revenge against the unoffending Catho- lies because they will not support the Government of whieh he is a mpst unworthy servant. Bailing to gather wisdom from experience, he tried, a few days age, te bring another action for libel against the editor of the Examiner, by the old, oppres- sive and arbitrary mode of y criminal information — it he obtained whieh he would be saved the very disagreeable nevessity of having the truth discloage: by witnesses on theireath. ‘The matter ; complained of as libellous is set forth at length in | the following affidavit from Mr. Pope:— Prince Eowanrnd Isuanp, 2 In the Supreme Court Queen's County. ; of Judicuture. William Henry Pope, of Charlottetown, in the said Island, Esquire. Gclonial Secretary of the said Island, and John Arbuckle. of the same place, Gentioman, seyerally make oath and say; and first this deponent, William Henry Pope,for bimself saith, that he was appointed Colonial Secretary of the said Island in the year One thousand eight hundred and tifty-nine, hath ever since held, and still holds, the sail atlice; and depenent saith that in a certain Number of a public Newspaper called ‘ The Ex- aminey,’” printed and published by Kdward Whelan, at Charlottetown aforesaid, and bearing date Monday the twenty-ninth day of September last past, there appeared, as part of a column of the printed mater oF the said number of the suid Newspaper, the following :— “ PezzLinG QuEsTIONS FoR THE CoLoniaL Sec- RETARY—To Mr. Secketary W.H. Pork.’ “ Sir, —Do you know an official of the present Government who drew from the Treasnry'of this Island, under false pretences, seven “hundred nds? Do you know that be hyd phis £700 in is possession about twelye months, and then was Oe forced to refund that amount to the right- ul owner. * Do you know that the Hon. 8. Palmer was fully cognisant of the fact of the abstraction, under false wetences, of the 2700, by the official of the Go- vernment of ‘pish he, Bie: P., isthe Leader? And do you know that he, Mr. Palmer, as Attorney for the rightfal owner of the £700, made the official, under threats; refund that money ? ‘De you know that because of the official's in- dispensable connection with the Government, his nefarjous and criminal act, known only by the Go vernment and Treasarer, and one gentleman, not residing im this Island, was kept hermetically sealed by the “ God-fearing Government !”’ Yours, INTERROGATOR. “28th September, 1862.” And this deponent farther saith that in a certain other pumber of the said ‘‘ Examiner” Newspaper. —— and published in Charlottetown aforessid, »y the suid Edward Whelan, and Learingdate Mon- day the sixth day af Qctober. One thousand eight hundred and sixty-two, there a spearsa certain other paragraph, whieh 18 as follows, namely :-— “Tre £700 “Skeoappie.”— We have received a second communication from * Interrogator,” giv- ing the particulars, dates and facts, as regards the abstraction from the Treasury of Seven Hundred Pounds, belouging to George F.. Morton, af Halifax, Mr. Secretary Pope is the person who is charged aan eer see Monday, the Srd_ instant, was Whelan to shew cause against granting Mr. Pope's wpplication. The Court opened earlier than the usual hour, and after disposing of some civil busi nesa, the Tion, Joseph Hensley informed their Fordships—the Chiet Justice and A: sistant Judge| heing both on the Bench--that Mr Whelan was iw attendance te answer the rule of Court. dr W. then delivered a speech, which has been pe- ported as follows for the * Vindicator,’ and waick gives, as well as we can remember, a fair gutline of the leading points urged by hima against Mr. Pope's application, and disposes af the affiday its ziven to Mr. | above priuted :— Max t9 PLEASE yoUR LorpsHirs > — It is with yery great reluctance I aggin ap- pear before this honorable Court, in a ease similar to that which brought me into your lordships’ presence a few months ago. J was then required go shew cquse why a criminat information for libel showhd not be filed against me at the suit of Mr. William Henry Pope, because his name figured m the Exuminer im a way not pleasing to himself. Phe same im- dividual brings me here to-day with the vrew of placing me in the position of 2 criminal, because two other publications in the same paper are alleged to refleet upon hin injur- iously. Lam very far, my lords, trom desir- ing the notoriety which such appearances are apt to confer upon an individual. Law has no attractions for me, in any form, even if I were sure of being a successful suiter, Lhave no apprehensions for my success in this case, but sincerely regret that your lordships time, as well as mine, should be occupied in examining a complaint preferred by Mr. Pope, which, I think, I shall be able to shew the Court is a frivolous, vexatious and unjus- tifiable one. It may seem egotistical in me, my lords, to speak thus confidently ; but I do so, not because I feel conscious of my own ability to conduct this case, or any other, with efficiency, but because my opponeut has no ground to stand upon, and I can easily shew thaé of all others in the community, he should be the last to make application for a criminal informasion against me, or any one else, in reference to matters of libel. If, in- deed, the ease were a complicated one—in- volving difticult and abstruse points of law, and surrounded by legal technicalities —I should leave the matter in the hands of jearn- ed counsel: for should I place myself in the position of an advocate under such circum- stances, L would warrant the application to myself of the old adage, which says that **a man who goes to law, and acts as his own lawyer, generally has a fool for his client.” One of Mr. Pope's objects, I feel assures, is, to put me to all the expense he ean, as well as to punish me as 4 crupinal, Now, I think, I can defeat that object, in a great measure, by taking this case to the Coyrt myself, trust- ing to the justice and impartiality which regu- lates your lgrdships’ decisions, as well as to the groundlessness of Mr. Pope’s application. The matter alleged to be libellous, is, m the purpose of showing that there are men in the ‘nd who will regard as a virtue, or at a meritorious act, that which the least as l , . a crime, and which is pu- world esteems nished as such, | Before levying aside the affidavit to which | Mr. Pope's naine is affixed, [ beg to offer a; few word My Arbuckle’s co partaership te the business. ‘This gentleman stands confessed as Pimp and Spy to the Co- | lonial Secretary. That officer could not have a more apt servant, and the servant a master more to his taste. But the Punp does not, I believe, confine his attentions to the Colonial Secretary—he makes himself useful, T under stand, to the whole Government, a8 messen- ger, gossipper, tattler, spy, and general worker at small jobs that way'd be spurned by honourable men Ile takes a a erent deal of space in this affidavit ta shew that | am the publisher and proprjetox of the hw aminer. 1 have never orice denied ney re- sponsibility in cqngectiqn with that paper. I here openly and frankly avow it, and if Mr. Arbackle hac any manly principle about him, instead of putting to the printers in my office, whow he designates servants, silly questions as to whether they sold a paper worth 4d. for and on my behalf, he might put the question direct to inyself as to whether Lacknowledged myself the publisher of the particular No. he wanted to buy; and profoundly as [hold that individual in contempt, he should have cer- \tainly received an answer in the aflirmative. | But Mr. Arbuckle knew the man for whom he was executing his disreputable mission—the man knew him—and both judged that them purposes would be served best by adopting a mean and contemptible proceeding. With regard to Mr. Wright's affidavit, it requires Dut few remarks. That gentleman swears that Mr, Pope did not, with his (Mr. Wright's) knowledge, receive money from the ‘Treasury under false pretences. I am quite willing to admit that Mr. Wright has made a conscientious oath. Leannotsee how he conld have sworn otherwise. It is not possible to suppose that he could connive at the abstraction of money from thegl'reasury under false pretences. His oath of oflice would forbid it,—his position in society, his regard for the honour of the country as a na- tive of it, his respect for the Government under which he holds so high an oflice, the security of his own official income, independ- ently of all moral ‘considerations, would ren- der it extremely improbable that Vright should connive at the abstraction of money from the Treasury under false pretences, by Mr, Pope, or any one else. But Mr. Wright does not deny that Mr. Pape has received £700, or £750, with which Mr. George E. Morton’s name was in some way connected ; and Mr. Wright may have given the money, or allowed it to be given by his deputy, with- out being conversant with all the facts which bear upon the transaction.—Many of these remarks will apply to Mr. Palmer’s affidavit, which is the lastto be noticed. Me makes his deposition in the same general terms as Mr. Wright does. He declares that he has no conceming the first place, a commmnication published in the Examiner of the 29th September, over the signature of ** futerrogator,” in which several questions are put to Mr. Pope as to whether he knows an official of the present Government who received £700 from the ‘Treasury, under false pretences,—he is asked whether the money so received did not beleng to another person not in the Colony—and whether the official who thus improperly re- ceived it, was not compelled to refund it to the rightful owner ? 1 with the abstraction. He understood this very well from our correspondent’s letter in last week's Ex- AMINER.”' paragraph recited from the said number of the * Examiuer’’ Newspaper, as last aforesaid, refers | to, and is meant to axpicn the passage or paragraph hereinbefore recited to bave been pritited and pub lished in the said number of the gud “ Exuwiner’’| there was a communication signed ‘* Repon-| me, when I was last before this Honorable upon the ex-Attoruey Geueral for big intrepidity ) Newspaper, bearing date the twenty ninth day of | - : : : September last, x at ] Seeretary P< . vd | . es é | @ and disinterestedyess in surrenderipg his title to) “SRY ?*! last, and that Mr. Secretary Pope, name \/ Mr. Pope himself, whieh, at all events, could | eloquence and influence to shew that Mr. g | I 1 the emoluments aad distinctions of a lucrative office. But what political party ean count ppon | not easily decided without some practical proof, and referred to in the said passayves or paragraphs) hereinbefore recited from tie anid numbers of the | said Examiner Newspapes, is this deponent. And] concurrence, as he is the editor of the Js-| Bank were of the most honorable and upright | . farther saith that the whole of the | lander—wherein it is broadly answered that! character : 7 : : } I : i 3 3 ans i aracter. his vote and exertions in Parliament, isa question | said hereinbefore recited paragraphs contained in ¥ | the said two numbers of the said Examiner New this depenent vaper, dated respectively the twenty-ninth day « and that niust be postpoued unjil the meeting of | September last, and the sixth day of Oetober instant, the Legislature. Counsel. Lut big secession from the Liberals ' tion, under fulse pretences, of seven liundred pounce, } Morton, | The same Gazette that an-|*° 88 they impute to this deponent the abstrae- the so-called libel. The second part is a small paragraph in the Zxaminer of the 6th | October—about half a dozen lines—in which! when he espoused Mr. Pope’s quarrel, and And deponent farther saith that the passage « was provoked to say that the official re- i fi rred to was William Henry Pope. I say provoked, my lords, because in the /slander |of the previous Friday, the 3rd of October, | criminal information had been granted against sio,” which, | have no doubt, was written by not have appeared without his knowledge and sf; money from the Treasury under false preten-| to that character ; ces; and this very letter of ** Responsio’ contains a foul and malignant libel upon me, every word of which I can prove to be false. ; eo > , > eo « e » | € ‘ » late collengues, contains a notige of that gentle-| of Halifax, or belonging to any other person, from|1 have already proved more than once the | to that matter. iis is the first part of knowledge of Mr. Pope having obtained mo- | ney from the Treasury under false pretences iat any time. 1 believe him. His exalted | position as Leader of the Government, with- | out regard to his own just views of what is right and wrong, would be a @trong guarantee |against his allowing any nefarious act to be practised upon the Government. Mr. Pal- mer would not, I believ e,je ypardize his high station for any individual, “He is a clever man, but he is not the first clever man that has been imposed upon by a clever sharper. There was one instance of his delusion—per haps it was merely a professional delusion— | wanted to punish me as a criminal, as he is | now trying to do, for my remarks about Mr. | Pope’s notorious Bank ‘abstractions. If a | Court, Mr. Palmer would have used all his Pope’s proceedings in connection with the ithe Colonial Se ae. + letters which she has openly avowed, that every Catholic woman lm the land—every ~yife, and dauyhter, and sister of a Catholic, becomes @ prostitute when she contorms to che rules of her Church. There is not the} shadow of a doubt that this foul, wicked and | atrocious libel was deliberately publiched by I need not say it was never answered—no sane man would} think of replying to any thing so infameus. | But is it not incredible that a beng who will thus revel in the foulest and basest calumnies —who spares no grade of society —w ho ruih- lessly violates the sanctity of domestic life—- | who pollutes by the slime of his pen the sa-| cred temples dedigaged to the wership gf God | —who has no compassion fer woman in her} innocence and weakness, but ux whose eyes woman when she ts mest virtuous is most vile, is it, not incredible, my lords, that a man who has thus made himself so notorious as an unscrapuiors libeMer, should think of prefer- rmg a complaint for libel against another ? I] do not shrink from my responsibility con- nected with the matter alleged to be libellous. All I want is to be placed on an equal footing with my opponent—to prove the truth, so far retary. |as I can prove it; and I cannot suppose that your lordships will deny me that privilege, should Mr. Pope feel inclined to proceed in the usual and constitutional way.—I shall not presume to cite any authorities in re- ference to the practice of the Court in granting obatail informations. 1 humbly submitted to your lordships a few references from Chitty’s Criminal Law on the occasion of my iast appearance here. Those will ap- ply to the present case, and it would be pre- sumptuous in me to urge them upon the at- tention of your lordships. I may, however, be pardoned for saying, that under no cir- cumstances has an application such as Mr. Pope has made, been entertained by the Su- preme Court of this Oolony. Some years ago, Mr. Coles, who was leader of the Gov- ernment of this Island at the time, applied, with the adviee of the late Ge ious. Esq., for an indictment agaist the proprietor of the Islander, because that paper had hbetted Mr. Coles in the foulest manner withregard to the returns ofspirits distilled at his amanuiac- tory. Mr. Coles had no alternative bat toyur- sue the course he did. Hisretarns were made on oath. There could be no evidence to corro- borate orrebut the sworn statement ; but [very well remember the outery which was made by the very individuals who are trying to mote this persecution agamst myself, as to the unfairness of the proceeding which Mr. Coles sought to institute, because it would not allow the defendant to prove his silega- tions in open Court. On that occasion Mr. Coles submitted his case to, the whole repre- sentatives of the County, the Grand Jury,— but in this instance Mr. Pope will not trust himself to the Grand Jury. He asks your lordships to do that for him which he seems to think the Grand Jury willnot do. He and his party considered it very wrong for Mr. Coles to attempt to indict the proprietor of the Islander when he (Mr. Coles) considered himself foully libelled; but now he will not be satisfied with the decision of a Grand Jury. Ile asks your lordships to prejudge a case against me for libel, after havmg proved himself to be the most unmitigated lbeller that ever degraded the press of this Colony. After a few further observations as to the evils that might arise from reviving an obso- lete practice that is only worthy of the dark ages——a practice by which one man was al- lowed to have extraordinary immunities over j another, and under the operation of which a person accused of libel was placed in a far worse position than a criminal charged with the darkest crime—Mr. Whelan concluded by apologising for the time he had taken up. He was fully conscious, he said, of his own deficiencies and of the imperfect manner in which he had presented his case to the Court. Learned and experienced counsel would have taken a legal view of the whole matter, and have given great force to the arguments which bear upon rt. “‘But I, (says Mr. W.) trust Ile might have worked himself no official of the present Government received | into the belief that they were really entitled | but [ am confident he could | not have converted a Jury to the same belief; jand up to this hour the public refuse to be- | lieve that every thing was right in reference . Now, if Mr. Pope had no- the Treasury of this Island, or the commission by | falsehood of the statement; but it is repeated ithing to fear from a full enquiry into the this deponent of any nefarious or criminal aet, in| by ‘* Respousio ” in such a way as to lead the | merits of the present case, he would not have respect to auy monies of the said George FE. Morton, | pubjic to believe that Mr, Palmer positively | asked this Honorable Court for a criminal in- or any other person, abstracted or drawn from the ‘ avily i ' vu will se sly +j »m- | this deponent farther saith that tl bers of the | itchell to strike heavily in his department.”’ | gowu will scarcely reconcile the honorable mem- | this depone r saith that the numbers of the not. Mi I to strik J I 8 said Examiner Newspaper, dated the twenty-ninth | rency to the statement; and he has not yet) produced such vague and general affidavits as - oe " AMr Spencer, a Northern man, who resi- | ded for a number of years in Savannah, and who recently succeeded in waking his way North, informs the New York Time; that the feeling of the citizens of Savannah with reference to tie rebellion, is unanimous in fayor of continuing the course they have be- gun, and of never yielding unti! they have gained their independence. Many of them openty declare that they would prefer he- | coming the subjects of 9 foreign Power to a reunion with the Nationa! Government. Not a few openly ayowed that they had me- ditated that moyerent for twenty years past, and that in the elecsion of Lingolp they saw their opportgnity. He g]gy gays that the Emancipation proclamatiun ig impolitic, as it will greatly imeragge the Confederate army ; and the idea is abeurd that the mass of plantation negroes in the interior will, in consequence of the measure, strike a blow for theif own freedom. He questions whe- ther they wif ever hear of it. ee BY TEeLEGHAPIL. Sr. Joy, Oct. 31, 1862—The Cavalry force from the grmy ef the Potomac, made a foreed q wrt intp Virginia, upgn a marauding party 1s confederates, exptu sizter souers one hundred and fity head “a of stolen cattle. The O it jets were den fom Up- pervilly ow Wednesday last. Their infantry were said to have marched to kerevilie, with the evident intention of eaeaping to the right of Blue hidge, vie Snicker's (sap Tap New York frou pris ate airing a I and terribly eat up, having lost one thousand men out of a toree of a litte more than ‘our thousand which originally ‘tormed it. ‘The Confederates had the tullest knowledge of tue Federal expedition, and manifested the ytuost auxiety tp meet it. sr. Jaux, Nov. 3.—There is a rumogr via Corinth that the Pederal torees occupy Mobile. —Lryg “ Barron De Castine,” uf Bangor, Me., ar- rived at Boston, reports was captured 29th ult., by Confederate steamer“ Alabama,” and released upon giving a bond to pay six thousand dollars (36000) after peace has been declared. The crews of captared vessels were put on board, viz: bark Lamplighter ef Boston, Oct. 5th. Burned ship “ Lafayette,” of New Haven, cargo wheat and corn, bownd tu: Ireland. Also, burned schoover “ Crewshaw,” ot aad from New York. Also, boruet barqae * Lamatta,”’ of Boston. ain es No mgge at present, my dear reader ber's political actions with the policy of our pre-| day of Sopteniber last sent rulers. | Sarat respectively hereinbefore referred to, and The Hon. J. M. Johgaon, of Miramichi, whom | Lonee termed a “shrewd old gentleman,” has} been jnstalled as Mr. Smith’s successor in the office of Her Majesty's Attorney General. His re-clegtion is certain, The post of “ first com-| Johnson, has become vacant. to encounter a strong and able opposition in the Suuth’s resignatiog. were present. The day was 4 sort of gala-day, and a great number of persons attended tu witness the mancevres of the noble defenders of our coun- try Much valuable property has been lately des- trpyed by fires in the city. It is syspected that on too many oceasions it has not resulted from casualties, but from the deliberate acts of incen- diaries. Public guxpicion rests upon different villains: Rewards for discovery are offered, and condign punishment awaits the perpetrators of such henious crimes. The weather is now yery changeable and some- what unpleasant. [Beef plenty; potaiges on the rise; buckwheat abundant; money scarce; times hard; pusinese dull, and winter negr at hand. PELL &t, John, N. B., Oct. 27, 1362, — + 660 Jo THe Eorrog or THE EXAMiyeR. Sin,—Through the medium of your widely eir- culated and popular journal, I wish to call the attention af the Government to two very serious publie grizvances. The first of these ia the de- tention and stoppage of the mails, in consequence of the inability of the regular packet steamer to perform her trips regularly at this season of the year. The inconvenience and trouble which mer- cbants and tradersex perience from this irregularity in forwarding mails, can hardly be conceived by those unacquainted with the complications avd losses that naturally follow a want of ;ynetuality in making remittances. But it is impossible to Semmes also reported had eaptared ship “Tona- wanday” and ed her ev giving bonds for eighty thousand dollars (380,000). Ship Man- chester avd brig Dunkirk have beyn ourned, and their crews put on board the Tonawanda.—The Britich stemsers Anglia and Seotia have been cap- tured and taken into Port Royal, ¥. C_ They yor raed Pa ca nes, at one miffion of wars ‘ —Anot ritish v rau ashore, and haa been degtrozed. peel wes Sv.Joun, Nev. 3.—The Hepyld’s cor at ways the advance at poe mato Virgi w aud sure, Willraan be accelerated treyille vor lent of the Times cays Confederate General Walker, with 11,000 was dri ivom Upperville through Thorooghhere Ggp McClellan telegraplis he has full Se of Snicker’s Gap. Etiemy's ore rive out by jon is a st owe. Yaging fn Wiloy tom N. €. Sixteen huadred of Satioe Pass Federal Ste € anier i coulirmed. Ca ocket advanced into the of the eppture ot the Bri- tah steamers Scotia, Avglia, aid Washvte, and destrae Relton of the Minto. —Dhe Seatia’s crew wae ead were put in items. ‘The Nauiner eomplai shameful after release at Confederate hands. he same won ae that Kirby Swith’s waggen train of env tdeught out of Keulneky, wae 40 miles ung, with a million yards of Rotects jeans, an jumense amount of cipthiog, bacon ayd hams ; 38 i to | ed state of the meet business engagements in Boston; St. John, and other places unless the mails ars promptly forwarded by the first conveyance. Qur preseat worthy aud efficient postinaster, would, I am sure, do allin his power, poorly as he is paid to facilitate the publie good by hiring a schooner here every time the steamer fails to make ber trip, but the authorities ia Towa refuse to grant him power to act on his own respousibility: consequently red- eism and “ Cireumlocution Office’ prevail, and pie interests are completely overshadowed by the desire of certan officials in Charlottetown to return te the old-fashioned and aristocratic that obtained under the “ Ancient Regine.” to it, Mr. Postmaster Owen ! The other grievance is the rotten and dilipidat- whic wharf. Notwithstanding poneed sums yp time to time, been ex- upon this. pi of publie property, so myudicionsly was the money ox ed, that to- day there is not a mote ‘inseeure wharf on the Island. Passengers would be in danger of losing their lives after dark, were it not ia wany instances owing to the Kindness of an indyvidual who is proverbial for his attention to sirayyers. The verpment should see to it, otherwiye they may, perhaps, bave te mourn the loss Gf gn’ efficient public officer who was deprived of an optic ‘years ago on foreign service, and whose official duties call him to the wharf early and ‘até. Tt is ho streteh of the imagination to suppode that this veteran might, sume dark night, fall hone of the many man-traps with which the whart abounds. If these evils are not speedily cured, the Govern- ment may expect to hear again % moner” of Yew Brunswick, lately held py Mr. the character of this deponent, and were published, There ean be little | doubt that Mr. Tilley and his associates will have | official gapacity ia tlhe estimation of the public. | And this deponent, Johu Arbuckle, for himself saith, ; Legislature op the questiyn which induced Mr. A grand revjaw of the Volunteers took place a| of Seppember last past, and hereunto annexed, few days ago on the Barrack Green, at which his | Excellency the Lieutenant Governor and suite | day of September last past, by this deponent, from and the sixth day ot October | containing the hereinbefore recited libellous extracts or pa pls, are hereunto annexed, marked res- yectively A and B; and that both of the said nam- ers of the said Examiner Newspaper are printed and published at Charlottetown, in Queen's County, in the said Island, by the aforesaid Edward Whelan. déponent further saith that the said extracts or | paragraphs contaiy a wicked and malignaut libel on as this deponent believes, from corrupt motives, and |for the parpose of ‘injuring this deponent in his that the “ Examiner’ Newspaper is printed and mblished, in Charlottetown aforesaid, by Edward | Whelan; and depovent saith the number of the said | Kxamjnep Newspaper, dated the twenty-ninth day marked A, was purghaged in Charlottetown, in Queen's County, in the said Island, on the thirtieth }a servant of the said Edward Whelan, who, at the | time when the said number was so purchased, in- | formed deponeut to the etfect that he, the said servant, suld the said Newspaper for and on account of the said Edward Whelan, which this deponent verily that the number of the said Examiner Newspaper, dated the sixth day of October instant, and hereunto annexed, marked B, was also purchased by this deponent, from a servant of the said Eaward Whelan, in Charlottetown aforesaid, on the eighth day of October instant, and in the office of the said Edward Whelay. WA . POPE, JOHN ARBUCKLE. Sworn to by the sald William Henry Pope and John f = Arbuckle, at my Chambers, in Charlottetown, in Queen's County, in the said Island, this 28th day of October, [862, before me, D. Hopesox, ; Commissiqner for taking affidavits in the Supreme Coust ot Judicature. ; The following very vague and general affidavits by the Colonial Treasurer and Leader of the Government were also handed in by the Colonial Seeretary. It will be easily seen how very feebly they support his application for a Ormminal Infor- ination :— Prixce Eowarn Istanp. 2 In the Supreme Court Queen's County. of Judicature. George Wright, of Charlottetown Royalty, Co- lonial Treasurer of the said Island, maketh oath and saith that he hath read the affidavit of William Henry Pope and John Arbuckle, hereunto annexed, and deponent saith that he hath held the said office of Colonial Treasurer ever gipee the accession to otlice of the present Government of this Colony, in the year one thousand cizghphyndred and fifty-ning, and that the said William Henry Pope bath never, any other sum belonging to George E, tan, of Halifax, or belonging to any other person, nor is this deponent aware of any nefarious and criminal act of the sajd William Henry Pope i: : the manies of the said George E. Morton, or other- wise. GEO. WRIGHT. Sworn to by the said George Wright at my Cham- rs, in Cherlottetown, in Queen's Cguaty, in the said Island, the 24th day of October, 162, before me, D, Hongson, Varpicsionss for taking affidavits in the Supreme Sourt of Judicature. Prisce Evwarp Istaxp. 2 In the Supreme Court Queen's County. t of Judicature. Edward Palnier. of Charlottetown, in said Island, Gentleman, maketh oath and saith that he bath read the afligavit of William Heury Pope aud Jolin Arbuckle, hereunto annexed, and this deponent saith that he was not ut any time cognizant of the ab- straction trom the Treasury of this Island, by the said William Heury Pope, ander false pretences, of seven hundred pounds, or any other sum belonging to George EF, Morton of Walifax,or belovving to any other person, as alleged in the number of the Ex- aminer newapaper annpxed to the said aflidayit of the said William Henry Pope; and this deponent further saith that he Ta noe, at any time, catise the said William Henry Pope, under threats oF ofther- rightful owner, £700 (seven byndred potidsy, or any other sums of money belonging to the said George E. Morton, or belonging to any other per- son, nor was it known to ¢his deponent that the said William Henry Pope was guilty of any nefa- rious and criminal condwet or act in’ respect to the monies of the said George £. Morton or otherwise. EDW. PAL MEK. Swern to by the said Edward Palmer at my Cham- bers, in Charlottetown, in Queen's Vounty,in the said Island, this 28th day of October, 1 ‘before me, — D. Honveson, believes to be true ; and this deponent further saith ! in respect to |}, wise, to refand to this deponent, us attorney for the | ¢ -|so, when his act was confessed. mentioned as the person who first gave cur- repudiated the use of his name in connection with it. Now, my Lords, there was sufficient provocation in that libel upon me to induce me to point out William H. Pope as the offi- cial referred to in the letter of .** Interroga- tor.” But take that letter by itself, and Mr. Pope must acknowledge himself guilty before he can say it applies to him. Now, my Lords, let me review the affida- vits upon which Mr. Pope bases his applica- tion for a criminal information. They are three in number—that is, if | am to regard the first as one, which couples a statement from Joan Arbuckle with that of W. U1. Pope —a very admirable association of names, tor two more worthy companions could nowhere be found together—and the other two aflida- vits are from the Leader of the Government and the Colonial Treasurer. Strip these af- fidavits of their verbiage, and they positively amount to nothing. Only one very sinal] part of the depositions is, in the least degree, worthy of notice. That small part is, that Mr. Pope did not receive money from the ‘Treasury under false pretences. ‘This denial is broadly made in Mr. Pope’s own affidavit —it is qualified in the aflidavits generously given by Mr. Palmer and Mr. Wright. Those that they did not know, that Mr. Pope re- ceived money from the Treasury under false retences. I should think they would got al- ow money to be abstracted from the public chest in sueh a way. But before entering on a particular review of their !affidavits, allow me, my Lords, to return to Mr. Pope’s. He positively swears that he took no money from the Treasury under false pom: I leave your Lordships te con how much that denial is , We all know that Mr. Pope made a similar denial with regard to his fa- mous Banking transactions, which inyolved a loss to that institution in its jnfancy of about £14,000. He was very indignant at me for having presumed to inform the public of the fact, and I need not remind your Lordships that he attempted to prosecute me as a crim- inal, as he is now seeking to do, for declar- ing that the Bank money found its way into his pocket in a manner not creditable to an honest man. Nor need | remind your Lord- ships that he failed in getting a criminal in- formation on that occasion; nor shall L com- ment on his failure when he tried to get the Grand Jury to indict me for the same alleged at any time, to the knowledge or belief of this de- “steep ss ots olin at , pment, drawn from the Trowsury of this Island, pe ee be been we * . ae ee a under false pretences, seven hundred unds, or gui tin t transaction, he might have prosc- cuted me by civil action,as an honest, fearless, innocent man would do. But he preferred the wily, intricate course, of having me placed efore a Jury, gagged—so far as evidence oes ~~ all my witnesses gagged — excluded from Court, By that means he would save costs to himself, as the Crown pays all costs in criminal prosecutions. He would compel me to incur heavy expenses in defending a troublesome prosecution—he might have me fined and imprisoned, if the case went against me; and, what was of more importance than all to him, he would have the good fortune of keeping the whole truth from going before the public. Mr, Pope’s denial of the impu- tation alleged against him, does not surprise me. Criminals pf eyery grade invanably plead their own innocence, and are ready to swear themselves out of any crime when most guilty. Ido not say that Mr. Pope is guilty of the offence imputed. He, no doubt, thinks himself innocent, and perhaps he finds conso- jation in the thought. Your Lordships re- member the case of Roupell, which was tricd a short time ago inEngland. He was guilty, on his own confession, of the most atrocious orgeries that ever found a place in the c3- lendar of crime. One of these forgeries con- sisted in altering the will of his deceased father, by which the ruin of his family was effected. The felon attempted to justify the gentlemen swear that they did not believe, a a fair way of having me put up on my trial. | guarantees the truth of it, for his name is) formation; or if innocent of -any wrong- | doing, or any irregularity, he would not have those on which he has founded his applica- ition. Any one who reads them may easily | assume that there may be, in the back-ground, a mass of information bearing on the subject ; and Tam very desirous that this information should be brought te light. In Mr. Pope’s eageyness to get aflidavits to prove the up- rightness of his conduct, it is very surprising that he did not apply to others besides Mr. Palmer and Mr. Wright. Mr. George E. Morton conld surely tell something about this matter. Ile is the person to whom, it is said, the money belonged. There has been time enough to get his affidavit since the 6th Oc- |tober, and if his money had not been taken and used by Mr. Pope, it was easy enough for him to say so. Mr. S. P. Fairbanks is another gentleman who might throw a great deal of light on this subject. He was Mr. Morton’s Attorney, appointed to collect his monies in this Island, and it is said that some difficulty occurred between him and Mr. Pope as to the collection of the amount referred to by ‘* Interrogator ;” and his testimony would have been of much importance in clearing up the whole affair. If he and Mr. Morton had made aflidavits that there was no wrong doing on Mr. Pope's part, the latter might stand in And there is another person nearer home, who, I am told, possesses some information on this subject. I allude to the Deputy Trea- surer. ‘That oflicer knows, 1 understand, a good deal about the whole affair; and I should like to have him, together with Messrs. Morton and Fairbanks, examined before a Jury. But if Mr. Pope is allowed to make a Crown prosecution of this, their mouths must remain shut. Mr. Pope will escape the dewey revelation of unpalateable truths, and I shall be placed at aserious disadvantage. Mr. Pope’s repeated attempts to prosecute me for libel betrays extraordinary sensitive- ness on his part. It is well that I and others are not affected in a similar manner, for if we were, much of the time of this honorable Court might he taken up in discussing appli- cations for criminal informations against him. It would be very easy to quote from the vo- lumes of the Jslander—since that paper came under his editorial management-—many in- stances of gross and malignant libels upon myself and others in public affairs, But it is not only those who engage in political strife, and who have the hardihood to dissent from more to the integrity and impartiality which ‘ characterise your Li »rdships’ decisions, than to any transient effect that might be produced |by the most powerful eloquence, confident | that, in forming your judgment, you will not | deviate to the right or to the left ; but, pursu- jing the even tenor of your way, administer | strict and impartial justice to all alike, whieh lis all I want.” Mr. Whelan then read the following affida- vit :— Priyce Epwanp Iscanp. ) In the Supreme Comt . 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 :—- Edward Whelan, of Charlottetown, in Prince Edward Island, Printer, maketh oath arid saith, | that he has been served with the Rule Nisi, here- junto annexed, whereby he is called upon to show }eause to this Honorable Court why leave shenld not be given to file an Information against him, this deponent, at the instance of ene William Henry Pope, in such Rule named, for an alleged libel on the said William Henry Pope, alleged to have been yublished by this depouent as Proprietor and Pub- isher of the Examiner Newspaper, published by him in Charlottetown aforesaid. And deponent saith that the first part of the matter | complained of, and alleged to be libellous, is a cer- |tain letter of a correspondent, published in the ‘Examiner’ newspaper of the cod September last past, over the signature of ‘ Interrogator,’ wherein certain questions are put to the said William Henry Pope, as to Whether . kuew of a certain official of the present Government who received Seven Hun- dred Poundsfrom the public Treasury without bein, legally entitled thereto. And deponeat further sait that the second part of the matter alleged to be libellous, by the said William Heury Pope, is con- tained in an editorial notice er paragraph in the Examiner Newspaper of the 6th October, wherein it is said that the official referred to in the letter of Interrogator is the said William Henry Pope, as this deponent hath heard from general report This deponent also saith that he hath not of his own knowledge accused the said William Henry Pope of having taken money from the Treasury un- der false pretenges—that the questions of this de- ponent’s correspondent, Interrogator, were put, as this deponent believes, solely with the view of eli- citing information ona subject which coneerned the character of a public officer, and, through that officer, the character of the whole Colony, and which subject hud tor some time formed a topic of rar with several persons in the community ; and deponent further swears that he was not actu- ated by corrupt or malicious motives in causing the said letter of a correspoudent to be published in the Examiner aforesaid. But this deponent saith that if the suid William Henry Pope desires it, he, this deponent, will cheerfully cause to be published in the Examiner newspaper his denial of the imputa- tions alleged to have been made against him, as aforesaid. But this deponent humbly contends that if the said William Henry Pope shonld persist in instituting legal proceedings against this deponent, he, this deponent, should be allowed time to procure evidence touching the alleged libellous matter com- plained of, and which, for the most part, he can only procure from persous who do not reside in the Colony. And this deponentalso humbly submits to your honorable Court that should evidence come to this deponent from any quarter, calenlated to throw light upon the subject of the aforesaid enquiries by the correspondent, interrogator, he, this deponent, should be allowed to have all the facts proved ane attested to before a Jury of his country, under the usual and ordinary mode of pleadings by civil action. And this deponent further saith that the said him, who are made the objects of his libellous attacks. Those who mix not in party con-| flicts—whose characters stand high in the | estimatiqn of all men — who are distin- guished by the practice of every Christian vir- tue, and are revered for their piety and learning—have been most rudely gssailed by this meek, modest, inoffensive man who comes to ask your lordships {or an oppressive proceeding against me, because I haye ven- tured to hint, that, being a public officer, he has brought disgrace upon the country whose servant he pretends to Rs. What | mast par- ticularly allude to—and which may haye come under your lordships’ notice—is a letter that appeared in some of the newspapers lately over the signature of W. H. Pope. In that letter, the innocent man who complains of being libelled by me has had the hardihood to declare that the Catholic Bishop of this Island, and all the clergy committed to his charge, are sc abandoned to the spirit of evi! that they cannot be believed upon their oaths, and are ready to commit perjury whenever they can et ee teas eee sodoing. In pre- vious letters by the same writer, and since oa acknowledged to have, been written by him, he went so far as to assert that all priests led immoral, scandalous, and aban- doned lives. But not satisfied with these rude, vile and infamous assaults—not content with outragine common sense and common decency in thus coarsely invading the sanctity forgery by saying that he believed he was: expected the applause of the world for doing | mean to insinuate that any,paralle) should be | drawn between the case of Ronpell and that! Commissioner for taking affidavits in the Supreme = HG saNpy. | Summerside, Nov. 6th, 1862. ' Court of Judicature. pLLCLown. of Mr. Pope. I only refer to merely carrying out the pious intentions of| acter—this unscrupulous libeller has econsum-| his deceased parent in forging the will, and! which is presumed to surround the clerical char- | mated his iniquity by assailing female inno-| cence jn a manner that should bring the blush | i ever breathed. It is humiliating, my lords, | to have to state, that the Colonial Secretary | William Henry Pope is well known to be the editor of the Islander newspaper, wherein attacks cf a gross, malicious, and libellous nature are, from time lime, made upon the character of this deponent in his private ap well as his public capacity, one ot which gross and libellous attacks is herewith res- pectfully submitted as copied from the Islander of the Jrd of October, over the signature of “ Respon- sio,’’ which hath particular reference to the matter complained of as an alleged libel by the said Wil- liam Henry Pope; and chis deponent believes that this libellous attaek upon deponent was published with the knowledge and concurrence of the said Willian Henry Pope, in the paper of which he is editor, videlicit :-— “ANSWER TO THE “PUZZLING QUESTIONS” FOR THE COLONIAL SECRETARY, BY ‘ INTERROGATOR,’ IN Last Monbay’s Examinen—To THe Epitoxk OF THE ISLANDER. * Stk, — Please inform “ Interrogator,” of the Examiner,that no official of the present Government, nor'any other person pampscted with it, drew from the Colonial Treasyry ‘£700, nor any other sum under false pretences. Further, it is said that the Hon. Edward Paluier states that the only person who drew any money from the Treasury, pnder false pretences, during the present Government, is the Hon. Edward Whelan, whd, about the month of April, 1859, obtained the’ sum of ‘£236 13s. o4., undér a false certificate, which, by misrepresenta- uon, he procnred from a third person ;' and that he obtained a Treagury Warrant for monies due him, and by uttering the above certificate; thé above sum was included in the said Treasury Warrant-and gb- tained under the false pretence that he had perform. ed a reprint of the Acts of Assembly of the year 1852, when he had done no such thing, or any other work to entitle him to the said sum of £86 13%. 94. “Yours, &c., Resronsto * October 1, 1862.’’ This deponent farther humbly submits that a per son who will thus unreservedly lnbel another should | not be the first to complain of a libel against himself, and, in any case, this deponent further humbly con- ceives that one public writer or journalist shod T do not! of shame to the most profligate libertine that not be allowed ta have, in Courts of Law, supenor advanteges over another ud he theretore humbly prays that this honour = a nel ona —— filing.an infoxmation ayainst this deponent, such mote of proceeding being, as deponent enbmite, barsh, nousual a | oppressive. and seldom if ever granted a thie fefana ai tho istange of a private individyul, mug eee at the instance of,one who, ae deponent asserts is the case with the said Wm. I. Pope, 8 in the freqnent habit of hibelling the party agninat whom he seeks to obtain leave to file an informas#on ; but deponent submits that he should be left to tie more constitutions, and jast mode of roceeding by civil action tor damages, in which loots revent this deponent would be ready, as he wonld be bound, to pay wnto the _— ant snch pe uniary damares as the Jary should assess, on full aud due consideration of the matter EDWARD WHELAN. Sworn to by the said Hward Whelgn, in Charlee town, in the said Tsland, this thied day of No vember, 1862, before me, Hopuson, Commissioner for takyng altidavite in the Supreme Court of Judicature. Mr: Whelan having sat down, the Hon. E. Paliner rose to reply. The learned Counsel looked. as if he intended to carry the Comat by storm. He was brimful of indignation at the lata- tude given'te the defendant, and he gave expression toa sneer about the propriety of admitting Iny- men te appear in their own persons. He depre- cated in vociferous and extremely angry terme the language used towards Mr. Arbuckle, whom the Government — an excellent person, i’ faith, against whom it was secrilege to utter a syllable. The learned’Connsel then proceeded to read the alleged libel, and to comment upon it. The yo- lubility of his style~— the excitement whieh quiy- ered through his whole frame — the twisting and turning of his gracefulneck—the ominous shaking of his long fingers ~ seemed to threaten the anni-- hilation of the defendant, who appeared to be’ busy in taking notes; but any reporter might throw away his pencil in despair if he thonght of catching the awful flow of adjectives which boiled. and bubbled from the lips of the learned Counsel. Never, said he, under the heavens, was nerpe- trated so foul a libel by the hand of man — every, line, every syllable, had the very essence of ma- lignity steeped into it —the fiends of the lower. regions could not have exhibited more imalice’ than the defendant had done in thie instance, against his elient, who was innocent as the babe unborn, and who filled the second office under PTO-' the Government. And mark, said the learned Counsel, the defendant himself admits that the libel was a Tbel upon the whole country ! And then there was a string of adjectives, “ hor- rible libel!” “ atrocious, malignant{fiendish, dia- bolical fibel,” which alinest took away the breath of the learned Counse! for a minute or two. His Honor Judge Peters about this time gave him a breathing “‘spell,”” bet it did not seem to allay the perturbation of bis spirit. The interruption of the learned Judge was to this effeet : — “ Mr. Palmer, since an application similar te the one now before the Court was made on a former oe- casion, I have examined the most modern autho- rities, and it is there clearly laid dewn, that where one person is in the practice of Tibeling another, the Court never grants an mmfermation, and it has been proved that Mr. Pope has himself published libels.”” These are, as nearly as we can remem- ber, the words used by his Lordship. They had a stunning effeet on Mr. Palmer. Mr. Pope's Visage assumed an interesting aspect, and the seat on which he sat seemed te be stuck all over with pins and needles, and of course he left it for ano- ther. The learned Couneil having recovered — not his temper — but consciousness, which was somewhat disturbed by the shock — went into a disquisition about Mr. Pope's assumed connection with the editorial management of the ‘Islander.’ There was no proof, he said, that Mr. Pope was the editor of that paper—there was no proof, he asseverated, that Mr. Pope wrote the communi- cation signed “Responsio,” referred to in the affidavit of defendaut,— be said that Mr. Pope was willing to swear that be knew nothing of that communication, if the Court would allow him twenty minutes te prepare the eath; “ but’ — says the learned Couusel, evineing a degree of caution that was peculiarly edifying —“I have advised my client net tu make the oath, as I think bis ease 1s strong enough witbeet i.” The Chief Justice and Assistant Judge reminded Mr. Palmer | that no new affidavits could be brought in at that _ stage of the proceedings—that it had been proved | Mr. Pope was editor of the *Islander’—that the letter of “ Responsie,” which appeared in the Is- | lander, provoked the article in the ‘Examiner’ | of the Gth October, by which alone the alleged Lbellous impvtation was fastened upon Mr. Pope. “ Sappose,” said his Lordship the Chief Justice, “Mr. Whelan had kept bis mouth shut, Mr. Pope could have diseovered ne libel in the letter of In- terrogator.” The learned Counsel was off in a tangent. “Ah but, my Lords,” says he, “the questions of Interrogator were meant for Mr. Pope—the libel, this meet foul and atrocious libel, was meant for him—it is a libel without the article in the Examiner of the 6th October.” Mr. Jus- tice Peters said be could net sev it im that light. “ Suppose,” said his Lordship, “ that Mr. Whelan had drawn the picture of a great regwe and rascal without putting any name to it, would Mr. Pepe or you take that picture te yourself? It eould only become libellous by haying a name put to it at some subsequent time.” Mr. Palmer's texaper becomes sadly rufiled — Mr. Pope’s countenance undergoes another change, not such as to add to his beauty — pins and needles are again found in the seat under him, and he removes to a different one. The learned Counsel again piles up the adjec- tives about the atrocity of the libel, but he does not vouchsafe one particle of information regarding the £700 transaction, — he does net attempt, in the smallest degree, to prove that Mr. Pope was innocent of any wrong-doing in the matter. The Court are again reminded that the alleged libel is a reflection on the whole Government.’ The learned Judge replies— We have nothing to do with the Government here, Mr. Palmer.” The latter angrily retorts: “IT mean the eountry; the Government can take care of themselves.” Til temper increases ~ Colonial Secretary looks re- volvers— pins and needles are again discovered. The learned Counsel now becomes frantic — launches forth an imprecation in which the name of the Deity is irreverently mentioned; and, los- ing all control of himself—all reapect for his high position as Leader ot the Government, aud tramp- ling under his feet the decorum which even the rudest and most ignorant would observe in & Court of Justice, he plainly counsels ruffian vio- lence as the only alternative left tu his client. “If,” says he, “there is no redress to be had in this Court, a man who is thus libelled will be un- der the necessity of taking the law into his own hands!” Here was a recommendation to Mr. Pope to see at once to the cleaning and loading of his revolvers ; and this recommendation coming from a man who is pot only sworn to observe the peace himself—who is a Magistrate for the whole Island, but whose especial duty it is to eee that all classes and individuals in the community shall give ready obedience to the law! Why the out- rage on the Court was not punished, or even noticed by the Court, can only be attributed to the charitable forbearance of their Lordships, who too plainly saw that the learned Counsel's temper had got the better of his reason and dis- cretion, — From this point, Mr§Palmer was al- lowed to exhaust his anger without interruption ; and in a few moments he sat down, affording & striking instance of the discomfiture which almost invariably results from over-zeal in a bad cause, and manifesting an evident consciousness that thé case of his client was irretrievably lost. The plvarned Assistant Judge theu put the case out of the way, by saying that the Court would take lume to coysider their judgment upon it. It is not our place, or our intention to anticipate that judgment; but the opinions of the Court were so unmistakeably expressed as to give, We think, the Colonial Secretary little reason to ¢* able Court may be graciously pleased got jo grant ¢ former for! of this Island has declared to the public, in! to the applicaut, Wa H Pope, a rule absolute for pect that his application for a most arbitrary rule will be favorably considered. We should he described asa very important officer under™ oe