the counsel on both sides agreed to submit the case to the jury without argument.

Judge Howell then charged the jury. The Judge commenced by remarking, that the counsel, by declining to sum up the cause, had thrown a very unexpected burden on his hands, and they must not complain if he should fail to notice the whole of the testimony as fully as they might desire. The crime with which the defendants stood charged by the indictment was one of very great enormity. They were charged with having formed a wicked conspiracy to seize a citizen, under the protection of our laws, and enjoying the rights and entitled to the privileges of a free man, and without authority to transport him from the jail of Ontario County to foreign parts, and there to secrete and imprison him; and with having actually carried into execution this conspiracy. The counsel for the defendants had cautioned the jury against the influence of popular excitement; it was true that great excitement had prevailed, and the court rejoiced that it was so-the crime was one which ought to call forth the indignation of all virtuous citizens, and it was to be hoped that the excitement would never cease until the actors in this dark and probably tragical, affair, are brought to light, and the guilty punished. At the same time the jury were bound to divest themselves of all passion and prejudice, and to know nothing of this cause but what they derived from the testimony given them in the box where they were sitting. The judge defined a conspiracy, and

commented on the nature of the evidence by which it must in most cases be established. It was not to be expected that a secret and wicked combination should be proved by producing the original compact, but by showing the acts of many individuals, acting in concert, all tending to the same unlawful end. The first question to be determined by the jury, under the first and second counts, would be, had such a conspiration as that charged in the indictment been proved to have been formed by any persons whatever; and if so, were the defendants on trial, or either of them, parties to it ?and second, were the defendants, or either of them guilty of kidnapping and imprisoning Morgan, as charged in the two other counts?

As to the first question the Judge remarked, that the evidence produced on the part of the prosecution established, most conclusively, the fact of the conspiracy between certain persons; and it then became the important question, whether either of the defendants

were parties to it. The prosecution did not profess to offer any direct evidence of such participation, but would infer it from the acts of the defendants. It then becomes important to bear in mind the precise object stated to have been designed by the conspiracy charged in the indictment, to wit, the carrying of Morgan from the jail of Ontario county, and to inquire what acts of the defend ants tended to accomplish that object. It was not contended that any direct agency had been proved against any of the defendants either in removing Morgan from

the jail, or in his subsequent imprisonment. It had indeed been fully proved, that he was violently removed from the jail at Canandaigua, and carried by night as far as the Ridge Road beyond Hanford's Landing, in Monroe county, and that he has not been heard of by his family or friends since that time. And although not so clearly proved, yet the evidence left but little room to doubt that Morgan was carried in the same unlawful manner to Lewiston, and from thence down the river to the burying ground near Fort Niagara--and from that period his fate was not disclosed-whether living or dead, no one had informed us. But were either of the defendants engaged in his abduction? Some of them had proved conclusively, and the others very satisfactorily, that at the time of Morgan's abduction, they were engaged in other places about their ordinary business, and it did not appear that they had subsequently engaged in it.

Did

then any of the acts or deliberations of the defendants satisfy the jury that they had entered into the conspiracy to remove Morgan from the jail? The Judge then commented on all the facts and declarations proved, and charged

the jury. that if, after carefully examining all these, they should have any reasonable doubt of the guilt of the defendants, they must acquit them; but if from all the evidence, they were satisfied that the defendants had been parties to the conspiracy charged in the indictment, or had participated in the unlawful abduction and imprisonment of sonment of Morgan, charged against them, then they must fearlessly pronounce their verdict of guilty, however distressing the consequences might be to the defendants.

The jury then retired, and after an absence of about half an hour returned a verdict of not guilty.

The above trial commenced on Wednesday morning, and closed on Friday evening. There was a great latitude of inquiry taken in the examination of witnesses; and the numerous spectators who attended in the court room were gratified with the disposition manifested to give this conspiracy a thorough investigation. Important facts were elicited, relative to the treatment and probable fate of Morgan, which will aid in further prosecutions, and for the ferreting out of which much credit is due to the exertions of individual citizens.

THE MARQUESS OF HASTINGS, K. G.

Nov. 28. On board the ship Revenge, then lying in Baia Bay, near Naples, having nearly completed his 72d year, Francis Rawdon Hastings, Marquess of Hastings, Earl of Rawdon, Viscount Loudoun, Baron Hastings, Botreux, Moliness, Hungerford, and Rawdon, Earl of Moira, and Baron Rawdon of Moira, co. Down, in Ireland.

Having completed his education at Oxford, and made a short tour on the continent, Lord Rawdon embraced the military profession, for which he had felt an early prepossession and entered the army in 1771 as Ensign in the 15th foot. He obtained a Lieutenancy in the 5th in 1773, and embarked for America.

In 1778 Lord Rawdon was nominated Adjutant-General to the British army in America, with the rank of LieutenantColonel; he was actively employed both on the retreat of the British army through the Jerseys from Philadelphia to New York, in the action at Monmouth which followed, and at the siege of Charlestown.

His Lordship was next appointed to the command of a distinct corps of the army in South Carolina, which province was invaded by the General, Gates. At the memorable battle of Camden, which succeeded on the 16th of August, 1780, Lord Rawdon commanded one wing of the army.

A severe and dangerous attack of illness obliged Lord Rawdon to quit the army for England, but the vessel in which be embarked was captured and carried into Brest. Lord Rawdon was almost immediately released, and on his arrival in England was honoured with repeated marks of distinction by his Sovereign, who appointed him one of his Aid-de-camps, and created him an English Peer, by the title of Baron Rawdon, of Rawdon in Yorkshire, March 5, 1783. He had received the rank of Colonel, Nov. 20, 1782.

In that House Lord Rawdon proved himself a clear and able orator, and a judicious

man of business. His benevolent persevering exertions on the Debtor and Creditor Bill, to relieve the distresses of persons imprisoned for small debts, will remain a monument of philanthrophy upon the parliamentary records; while his manly deportment throughout every debate, both in the English and the Irish Parliament, proved his steadiness as a statesman not inferior to his intrepidity as a soldier.

Having formed an intimate friendship with the Prince of Wales, his Lordship took an active part in the Prince's favour on the memorable discussions respecting the Regency; and on the 26th of December, 1789, moved in the House of Lords the amendment in his Royal Highness's favour. With the late Duke of York his intercourse was equally constant, and in May, 1789, his Lordship acted as his second in his duel with Lieut.-col. Lennox.

In October of the same year, on the death of his maternal uncle the Earl of Huntingdon, he came into possesion of the bulk of that nobleman's fortune. His mother then succeeded to the barony of Hastings, and the other baronies in fee possessed by her father, while the earldom of Huntingdon was unclaimed, and remained dormant till confirmed to the present Earl

in 1819.

On the 20th of June, 1793, his Lordship succeeded his father as second Earl of Moira, and on the 12th of October that year he was advanced to the rank of Major-General.

In the summer of 1794, when the situation of the British army and that of the allies in Flanders was extremely critical, and the former was obliged to retreat through Brabant to Antwerp, the Earl of Moira was dispatched with a reinforcement of 10,000 men, and succeeded in effecting a junction with the Duke of York, though his Royal Highness was then nearly surrounded by hostile forces much superior in number. The dispatch which his Lordship had employed in embarking his troops without either tents or heavy ba

gage from Southampton, and in debarking them at Ostend, the 30th of June, 1794, prevented the enemy's ascertaining the actual strength under his command, which was an object of serious importance; and to maintain it, the Earl directed his Quarter-master-general, to issue orders that quarters should be provided at Bruges for 25,000 troops, although his force did not exceed 10,000. The delusion was admirably maintained, and the French General Pichegru, who was in the vicinity of Bruges with a force much greater than the British was completely deceived.

He soon afterwards returned to England; and had a command little more than nominal at Southampton.

In 1803 the Earl of Moira was appointed Commander-in-chief in Scotland, and promoted to the rank of General, Oct. 1.

On the 12th of July, 1804, his Lordship married Flora Muir Campbell, the present Countess of Loudoun.

His Lordship having acted steadily with the Opposition, he was, when they came into power in 1806, appointed to the post of Master-general of the Ordnance, in which he continued till the Tory party regained their ascendancy.

In 1812 the Earl of Moira was appointed to the high and distinguished office of Governor-general of British India. The vigorous prosecution and successful accomplishment of the Nepaul war was his most important achievement. Its original object was merely the suppression of the Pindarries, an association whose undisguised principle was the plunder of all its neighbours; but it terminated, as the recent Burmese war has done, in adding greatly to the territories of the Company.

On the 7th of Decenber, 1816, his Lordship was created Viscount Loudoun, Earl of Rawdon, and Marquess of Hastings: and on the 6th of February following he was honoured with the thanks of Parliament for his conduct in the Nepaul war.

The Marquess's health being affected by his residence in India, he returned to England in 1822, and was succeeded by Lord (now Earl) Amherst, the present Governor-general. On the 22d of March, 1824, he was nominated Governor and Commander-in-chief of Malta.

A

Some weeks before his death his Lord. ship had met with a fall from his horse, which produced very distressing effects on the hernia, from which he had long suffered and which finally produced his death. letter, from an officer of the Revenge, states the following remarkable request of the illustrious deceased: "The late Marquess of Hastings, in a letter found amongst

his papers after his death, requested that on his decease, his right hand might be cut off, and preserved until the death of the Marchioness, when it was to be interred in the same coffin with her Ladyship! In pursuance of his direction the hand has been amputated."

MALTE BRUN.

Dec. 14 At Paris, aged 51 ConradMalte Brun, the celebrated geographer, and one of the editors of the Journal des Debats.

He was born in 1775, in the peninsula of Jutland in the kingdom of Denmark. His father's family was one of the first in that province; and possessing the nomination to several benefices in the Lutheran Church, he sent his son to the University of Copenhagen, to study theology, and take his degrees. The latter suffered his taste in the belles lettres to supersede theolo⚫ gical pursuits; and at Copenhagen he pub lished a volume of poems, and undertook the management of a Theatr.cal Review. At the University, however, he acquired that lofty power of reasoning which he was enabled afterwards to apply with so much success on various subjects. His father was of the aristocratic party which called for a war with France; but he es. poused the cause of freedom, and wrote in favour of the enfranchisement of the serfs, and the liberty of the press, opinions not discordant from those of the minister Couut de Bernstoff; and, a party having arisen which demanded the establishment of a free constitution, he became one of its most active members. In 1796, he published the Catechism of the Aristocrats, a biting satire against feudality and the coalition of sovereigns. Menaced with a prosecution, he took refuge in Sweden: and while there, he published a volume of poems which acquired for him the encouragement and approbation of the Academy of Stockholm.

When Count Bernstoff was on his deathbed, he recommended to the Prince Royal to recal Malte Brun, and employ him in some diplomatic capacity. Accordingly, in 1797, he returned to Denmark, and was favourably received; but, having publicly attacked certain ministerial measures, he was again under the necessity of seeking sn asylum in Sweden Soon after he removed to Hamburgh; and it is said to have been about this time that he became either the founder, or one of the most active members of a secret society, called the United Scandinavians, the object of which was to unite the three kingdoms of the North into one federative republic. This

project excited so much alarm, that Paul of Russia, and Gustavus of Sweden, demanded from the Danish Goverment, the punishment of its authors In consequence, a prosecution was commenced against Malte Brun, who was then in Paris, and he was sentenced to banishment. He settled in Paris in 1799, devoting himself to literary employment. In conjunction with Mentelle, he published between 1804 and 1807,"Political, Physical and Mathematical Geography," in sixteen volumes, 8vo. On the reputation obtained by this work, the proprietors of the Journal des Debats requested him to join in the editorship of that paper. He accepted the invitation; and excepting for one brief interval, he devoted himself to that laborious duty to the very day of his death. Only one hour before he expired, he traced a few lines for the Journal, but had not strength to finish them.

M. Malte Brun was acquainted with all the languages of Europe; he wrote French with the facility of a native; he had a thorough understanding of the character of all the European cabinets: and the correctness of his memory, the soundness of his judgment, and the order which he introduced into the mass of his previously acquired knowledge, made it easy for him to analyse the most complicated subjects.

In 1807 appeared his "Picture of Ancient and Modern Poland:" and in 1808, he commenced a periodical work which is still continued, under the title of Annals of Voyages and Travels, and of Geography and History. It is a faithful and learned analysis of all the voyages and travels, and of all the discoveries in modern times. In 1814 and 1815, be produced another periodical, called the Spectator, which was completed in three volumes. Of his great work, his Summary of Universal Geography, six volumes have appeared; and the printing of the seventh and last volume is nearly finished. During the Hundred Days, he had the boldness to publish "Apology for Louis the XVIII;" and in 1825, appeared his Treatise on Legitimacy, in which the same sentiments are more fully developed.

Lastly, as if so many works were not sufficient to satisfy the passion for study and knowledge which consumed him, M. Malte Brun charged himself, during the last few months preceding his decease, with the drawing up of a Dictionary of Universal Geography, in one volume, which is in part printed. His labours were too great for his strength; and his physical energies were rapidly giving way. An interval of repose might have restored him, but he neglected the counsels of friendship; and

the fatal crisis speedily arrived For three days only he kept his room; but even then he felt an anxiety to render himself useful, and only death could snatch the pen from his fingers.

M. Malte Brun was of very social habits, and during the winter had a regular weekly dinner of the literati of eminence of every country. He was extremely obliging, and had an excellent heart; it was only when he took the pen in his hand that he was really mechant, for then he neither spared friend nor foe, which made him many enemies

On the 17th of December, his remains were interred in the Cemetery of the West, where M. Eyries paid the tribute of his esteem and regret to his colleague, and M. de la Renaudiere bade a last adieu to the man who had preceded him in his of fice.

DUKE OF YORK.

January 5, 1827. at the house of the Duke of Rutland, in Arlington-street, died, in his 64th year, his Royal Highness Prince Frederick, Duke of York and Albany in Great Britain, and Earl of Ulster in Ireland, Bishop of Osuaburg

Prince Frederick was born August 16, 1763, the second son and child of George the Third and Queen Charlotte. On the 27th of the following February he was elected Bishop of Osnaburg, a nominal prelacy, to which the Elector of Hanover has the power of influencing the election alternately with another European power.

From his earliest age his Royal Highness was destined to the military profession, the study of which formed an essential part of his education.

On the 27th of November 1784, Prince Frederick, who had hitherto been generally known by the title of the Bishop of Osnaburg, was created Duke of York and Albany in Great Britain, and Earl of Ulster in Ireland. These titles had then been extinct for seventeen years, from the period of the death of his uncle Edward in 1767.

On the 27th of November 1787, he was introduced to the House of Lords; but the first instance of his joining in the Debates, was on the 15th of December 1788, when the Settlement of the Regency was under discussion. On this occasion (as, there is good reason to believe, on the more recent and memorable one,) he acted! as the organ of his elder Brother, who, having engaged his affections in early youth, (for in their childbood they were remarkably attached,)