of Queensberry. In this way he was satisfied the plaintiff had sustained considerable injury by his attendance on grace.

his

Sir H. Halford and Dr Ainslie were both examined, who concurred in thinking that, considering the sacrifice of business which the plaintiff must have made on the duke's account, the present charge was no more than reasonable.

Dr Home, who had attended the duke, stated a conversation which had taken place in the plaintiff's presence, where the duke expressed his opinion that no man would, or ought to, attend another for nothing; intimating to the plaintiff, at the same time, that he was convinced he expected to be paid for attending on him, and that he knew he had a right to be paid by his (the duke's) executors. Dr Home also swore, that he should have conceived the Duke of Queensberry as indebted to the plaintiff for his attend

ance.

Several other witnesses were examined on the part of the plaintiff.

Mr Serjeant Shepherd, for the defendants, agreed that this was a case which, in all probability, might never have come into court, had it not been that the actual defendants were under age, and that the executors of the noble duke did not feel themselves entitled to renounce their right of objecting to the present unprecedented claim, without submitting it to the consideration of a jury. That the plaintiff in the present case had rendered meritorious services to the late Duke of Queensberry, the present defendants were far from disputing, but, as they had already evinced, would rather be anxious to avow. They were called on, however, not to consult their own inclinations, but to consider what was fit to be done on the part of the young persons with whose interests they were intrusted. It was, therefore, his

(Mr Serjt. Shepherd's) duty to submit to the jury, whether, as appeared to be the case, the plaintiff, in his proceedings with the duke, had acted on the idea of being remunerated by a voluntary recompence, in the shape of a legacy; or, on the other hand, if he acted throughout for a reasonable rate of hire? If the jury should be of opinion that the former was the case, then could the plaintiff be entitled to recover nothing under the present action. The defendants, however, should be satisfied with whatever the jury chose to decide.

Sir James Mansfield, but for the admission of Mr Douglas, in his answers in Chancery, and for the evidence of Dr Home, where he states the plaintiff's having been present when the late duke said that he was convinced he expected, and that he had a right to expect, to be paid for his visits and for his trouble with the duke, should have esteemed the present action untenable in a court of justice. He was not aware that an apothecary had any right to claim for attendance; far less that he was entitled to sue for it. In the peculiar circumstances of the present case, however, a claim seemed to have been recognised, which, with pertinent remarks on its nature and extent, he left with the jury.

After retiring for a few minutes, the jury returned with a verdict for the plaintiff-Damages 75001.

EDINBURGH.-COURT OF SESSION. -Sir Francis Burdett v. Scott.-Yesterday came before Lord Meadowbank, as Ordinary, in the Outer-house, a case, in which Sir Francis Burdett, Bart., is pursuer, and Mr Scott, a serjeant-at-law, and presently residing in Scotland, defender.

Mr Jeffrey, as counsel for Sir Francis, stated this to be an action, brought at the instance of his client against the defender, for recovery of 50001., contained in a bond which he produced

:—

on the bar. A defence had been put in to this action, stating, that some years ago, Sir Francis Burdett had, in consequence of a connection with a certain lady, granted a bond for 20,000l. to the defender, to be at his disposal, if a circumstance should arise out of the connection betwixt Sir Fran cis and the lady :-That this bond had been lodged or sequestrated in the hands of a respectable gentleman, and the defender had drawn the sum of 50001. as in part of the amount :That some time afterwards, Sir Fran cis becoming uneasy about his bond for such a large sum lying over, had made application to the defender, who delivered up the bond, and departed from the balance of 150001. ; and had also granted the bond now sued for, for the 50001. he hadalready drawn: That on this bond being granted, the understanding was that it should be put into the hands of a Mr Warren, a mutual friend; and if on the expiry of five years the child was alive, it should be delivered up to the defender; but if at the expiry of that time the child should be dead, it should be delivered to Sir Francis; that the bond was accordingly delivered to Mr Warren, and that that gentleman had betrayed the trust reposed in him, by delivering the bond to Sir Francis, who now wished to follow it up with execution. This was the nature of the defence stated to this action, and which the learned counsel for the pur. suer said was a false, unfounded fabrication, from beginning to end. His client, Sir Francis, denied the statement in toto, and never had since his marriage any such connection as that alluded to.

Here the Lord Ordinary interrupted Mr Jeffrey, by saying, that if the statement given in the defence was true, the bond in this case was, by the law of Scotland, an undelivered document, upon which no action could follow.

This Mr Warren had betrayed the trust, in delivering up the bond in question to Sir Francis Burdett before the expiry of the five years, and without the consent of the other party. His lordship was therefore of opinion, that before proceeding further, it would be proper to examine this Mr Warren upon oath, as to the nature of this transaction, and as to the way and manner the bond in question had come into and gone out of his possession. His lordship was about to pronounce an interlocutor accordingly, when

Mr Scott, the defender, rose from the bar, and stated, that his counsel, Mr Clerk, upon whom he chiefly de pended to state this case to his lord. ship, had been called away: he hoped, however, that his lordship, if he was inclined to offer an examination of Mr Warren, would allow him (the defender) to examine other witnesses, to prove the nature of the trust which had been created in his person. That several respectable gentlemen were in

readiness to come to Scotland to bear evidence. And in particular, that he, the defender, wished to examine Mr Ballenden Ker, to whom Sir Francis had confessed the whole particulars of this business; that he, moreover, held in his possession written evidence, under Sir Francis's own hand, which he wished to lay before the court.

The Lord Ordinary having expressed' his willingness to continue sitting until all the counsel on both sides should be disengaged, Mr Clerk was afterwards heard at considerable length for the defendant; and his lordship appointed the defender to put into court a special condescendence of the facts he averred, and offered to prove, support of his defence, and the way and manner in which he offered to prove them.

in

DEATH OF GENERAL FOX.-Thurs. day evening died the Right Honour able General Fox, governor of Ports

mouth, colonel of the 10th regiment of foot, pay-master of the widows' pensions, &c. &c. &c. This most gallant and distinguished officer suffered a long and painful illness, which he bore with the utmost fortitude. His appointment of governor of Ports mouth was some time ago promised to Earl Harcourt, governor of the Royal Military College, but who is to hold it only until Plymouth shall become vacant. Earl Harcourt is to be succeeded at Marlow College by the Honourable Lieutenant-General Alexander Hope; when General Brownrigg shall have quitted the office of quarter. master-general, to which General Hope will succeed pro forma, and immediately quit it to make room for Colonel Gordon, who is in his turn to be succeeded as commissary in chief by Lieutenant-Colonel Drinkwater.

18th.-ROBBERY OF THE GLASGOW BANK.-Sunday night last, it was discovered that the office of the Paisley Union Bank Company, Glasgow, had been entered, by means of false keys, and robbed of Scotch Bank notes, Bank of England notes, and cash, to the amount of 20,0001. Suspicion falling upon three men, who, for some days preceding, had been seen in Glasgow, Mr Campbell, an officer of the police of Edinburgh, and two of the gentle men belonging to the bank, set off in pursuit of them, and traced them to Welling, in Hertfordshire, where they had left a portmanteau, to be forwarded to a person in Tottenham-courtroad; and from thence to Coventry street, where all trace of them was then lost. Mr Campbell made application at the Public Office, Bow-street, and Lavender, Vickery, and Adkins, three of the officers, accompanied by Mr Campbell, went to the house in Tottenham-court-road, where the portmanteau had been directed to, where they found a box containing a number of pick-locks, skeleton keys, and vari

ous other implements for house-breaking, directed the same as the portmanteau. The officers, learning that the owner of the house was at present in the rules of the King's Bench prison, went the same night to his residence in St George's Fields, where they apprehended a well-known character of the name of Huffey White, who, but a few months since, escaped from one of the hulks at Woolwich. On the person of White were found 16 guineas and some Bank of England notes. Yesterday, White, and a man of the house where he was taken, were examined before Mr Read, at Bow-street, when White was identified as having been convicted at the last Summer Assizes at Chester, for being at large before his sentence of transportation was expired, and received a second sentence of transportation for life. White admitted the truth of this charge, but denied any knowledge of the Glasgow Bank robbery. He and the other man were committed for further examination.

On the 14th inst., Thomas Standen, of Salehurst, near Silver Hill Barracks, finished the arduous task, which for a trifling wager he had undertaken, of walking 1100 miles in so many successive hours, going one mile only in each hour. This man is nearly 60 years of age, and his performance outdoes that which Captain Barclay, after such great training, performed at Newmarket.

SHOCKING SUICIDE.-A Coroner's inquest sat at the Mary-le-bone poorhouse, three days since, on the body of Randall Haggerty, a half-pay officer, who cut his throat from ear to ear. The deceased formerly lived in repute. in East-street, Manchester-square, but had become somewhat reduced in circumstances. He was committed for want of sureties a short time since, his wife having sworn her life in danger at his hands; and on his release she was missing with the furniture of his

royal family; and after consulting with James Wyatt, Esq., the king's surveyor-general, and several other architects on the subject, Cardinal Wolsey's tomb-house was fixed upon for a vault. Since November, 1810, workmen have been busily employed in this building, and it is now in such a state of forwardness, that the public may be enabled to form a just estimation of the grandeur and extent of this royal sepulchre. It is built after the manner of the Egyptian vaults, being one hundred feet in length, thirty feet in width, and fourteen in depth. In a recess, at the end of this vault, is intended to be deposited the remains of their present majesties; and along the passages are repositaries for the future kings of England. On each side are erected four tiers, divided into eight compartments, making in the whole seventy-two depositaries for the royal family and the children of the royal blood. It is to communicate with the choir of St George's Chapel, and to be built of Bath freestone, after the manner of the Gothic order of architecture. Over this spacious tomb will be erected a Chapterhouse for the Knights of the Garter, arched over with a ceiling of fine woodwork. As soon as it is completed, the body of the Princess Amelia will be removed into this royal sepulchre.

22d.-DEATH OF THE DUKE OF DEVONSHIRE.-The indisposition of that much-lamented nobleman commenced about a fortnight ago. Since that period his grace has been confined to his town residence in Piccadilly, in a fluctuating state of health. The first attacks were spasms in the chest, which were succeeded by a difficulty of respiration. They continued, more or less violent, until his death. During the last week he could not rest in a bed; for five nights he sat up in a chair, which becoming irksome, a chair-bed was provided. During the Sunday

preceding his demise, his grace was considerably better; he was enabled to walk upon the terrace in front of Devonshire-house for at least an hour, and afterwards to eat a hearty dinner. The first indications of extreme danger were repeated vomitings, about three o'clock on Monday afternoon. The whole of the medical attendants were then called in, namely, Sir Walter Farquhar, Dr Saunders, and Mr Walker, the prince regent's apothe cary. About five o'clock, his grace being relieved in some degree, but much exhausted by the convulsed state of his frame, he laid himself down on the chair-bed; but after remaining twenty minutes, he exclaimed to Mr Walker, who was in attendance, "I cannot stay in bed." His extremities were then getting cold, and it was thought advisable to call in the assistance of Dr Pemberton, who was then at Harrowon-the-Hill: an express was sent off for the doctor, who arrived in less than an hour and a half. The difficulty of breathing increased about nine o'clock. A few minutes before ten, Mr Walker bound up the arm, for the purpose of opening a vein. Just as the surgeon was preparing the lancet, the head of the patient fell back, and he expired without a groan in the arms of the duchess. The calmest of the deceased's latter moments were passed with the duchess; they had a slight conversation together. A consultation among the members of the faculty present was afterwards held, on the subject of the disease which caused his grace's death; when they appeared to be unanimously of opinion, that it was water on the chest which had communicated to the heart.

JAMES BELCHER.-This once celebrated pugilist, and a formidable champion of England, died yesterday, at his house, the Coach and Horses, Frith-street, Soho, in the 31st year of his age, after a lingering illness of two