. lj ;: r (7 ., ...... PHILADELPHIA, Oct: 9.9. INTERESTING TRIAL.-—In the circuit court of the United States for the eastern district of Pennsylvania, at present sitting in this city, Judge Wasliingtorrpresidingi lhe Pm’ tracted trial of Joseph Haskell and Charles Franswaw, on an indictment for piracy, was yesterday brought to a conclusion. _The tri- al was peculiarly interesting : It excited um- versal attention, and was attended by ?x“''‘‘‘ ordinary circumstances. We shall give as fair and lucid a report of tliecase as our op- portunities and humble abilities permit, be- lieving that notliiug at this time could be more acceptable to our readers. . On Thursday, the 16th inst. aJui'y was eni- pannelled to pass upon the case. C. J. In- gersoll, Esq. district attorney, prosecuted in behalf of the U. States. Bloomfield Mell- vaine and Joseph illcllvaine, Esqrs, appear- ed as counsel for the prisoners- Tlie indictment contained four separate charges, each of which is made piracy by the act of congress, atid punishable with death ; 1, making a revolt on board the schr. 'I‘at_tler_; 2, running away with the vessel with a pirati- cal intent; 3, laying violent hands on the commander to prevent his fighting in defence of his vessel ; 4, voluntarily yielding the ves- sel to a pirate. The facts, as they appeared in evidence, were briefly these: About the middle of Sept. the sclir. Tattler, eapt. Gar- land, of Salem, Massacliusetts, sailed from Baltiiiiore, bound to the former place. Mr. Babcock, the mate, the prisoners, a black boy named Peter, servant to the captain, and one John Smith, who had been shipped in Baltimore, composed her crew. On the night after she left the Chesapeake, and when Suiitli and the mate had the watch on deck, the captain who had shortly before retired to bed, was roused by the sliufliing of feet overhead ; and, upon his arrival on deck, found the mate in the agnnies of death from a wound in the body. - He looked all around, but no one appeared. ‘While stooping to re- lieve theunfortunate man, he found himself assaulted from behind, and received 3 wounds from a long Spanish ktiife, in close succes- sion, in his breast and side. Turning sud- denly around, he perceived Smith in the act ofrepeating the blow, and with extraordina- ry resolution seized him by the arm before he could accomplish it. A violent struggle now ensued, which ended in their both fall- ing on the deck, with the knife, which Smith had lost from his grasp between them. The captain seized the knife and threw it over- board. During all this time, no one was on deck but themselves ; the prisoners, with Pc- ter the boy, being as far as could be discover- ed, asleep in the foreczistle. The captaiu’s first impulse was to call the liauds, which he did, and had scarcely returned from the fore- eastle steps, where he went for the purpose, when the three appeared. Smith was meanwhile deliberately pacing the deck, and the moment the prisoners ar- rived, the eapt. ordered them to seize Smith and confine him below, assigning as a reason that he had murdered the tiiate, and despe- rately wotiiided him. Either from the im- pulse of terror, or from some other less excu- sable motive, they omitted to obey. Haskell went silently to the’ belni, and Franswaw, as is supposed, concealed himself in the fore- castle. Smith next armed himself with an iron bolt, which he drew from the pump, and again approaching the captain, tlireatened to beat out his brains, iflie should dare to issue another order, and did not instantly retire to the cabin ; at the same time he ordered Has- kell to go forward, and take in the foresail. The captain, on the contrary, coininanded him to remain at the lielin, but upon a repe- tition of the threat from Smith, the captain went below, and Haskell advanced to the foresail. While in the cabin, the captain, with the assistance of his boy Peter, prepar- ed and primed a niusket, which was fortit- nately there, and gallantly returned to the deck with a resolution to regain his vessel or perish in the attempt. The first thing he saw was the prisoners and Smith engaged with the sail; which they left upon his ap- pearance, and all three approached the place where he stood. Taking deliberate aim at Smith, he fired, when they turned about, and moved round by the bow, again came towards him on the opposite side ; he crossed to meet them with his musket clubbed. Haskell pas- sed quietly by, and resumed his place at the helm, while Smith was welcomed with a vio- lent blow on the head. A second desperate encounter ensued between the captain and Smith without any interference on the part of citiier the prisoners or the boy. By a singu- lar exertion ofstrength, the captain succeed- ed in overcoming his antagonist, and throw- ing him headlong into the sea,to rise no more. An attempt was made, in this part of the‘ case, to prove by the boy, who was an inac- tive spectator of the scene, that Franswaw laid his hands on the captain dtiring the clos- ing conflict, with a view to disable him from exertion and to assist Smith. It,‘ however, failed entirely, and with it that count in the indictment, which charged a laying ofviolent hands on the captain. Franswaw was cer- tainly close by the coinbattaiits at the time, but there was no reason to believe that he as- sisted either. It appeared further, that the prisoners took no active part in the btisiuess, with the single exception oflowering the sail; that they used no offensive language ; had no weapons whatever ; had no verbal communi- cation with Smith, and that the moment Smith was conquered, they became perfectly obedient, although the captain’s exhaustion from loss of blood placed him completely in their power ; they were,-on the contrary, ex- ceedingly attentive to all his wants ; assisted with great kindness to dress his wounds ; vol- untarily hoisted a signalof distress; and, in short, did nothing which indicated guilt, or a dread of punishment. ' It appeared also that when Haskell first went to the helm, the captain ordered him to place it in a particular situation ; but that he did not obey. From these facts, and some other insulated ones, which we have not room to detail, an inference’ was drawn on the part of the pr0secutinn,“that the prisoners were leagued. with Smith for the perpetration of the murder, and that they aided and abetted his subsequent acts of piracy and insubordin- atioii. Smith was described by eapt.Garland, in the course of his evidence, as a remarka- bly powerful and uiuscular man ; and it ap- peared froni some conversation prior to the transaction, that he had lately_returiied from the Spanish Main, where, in all probability, he served a regular apprenticeship to the art a ‘:3 ofpiracy. Perhaps he may have belonged‘ to one ofthose gangs. in the neighborhood of Key ‘Vest, which ‘the gallantry of ,our.navy has lately dispersed; anti finding that ser- vice uncomfortable, and barren ofall rewards btit an ignominious deathfhe had transferred his talents to a more promising and a less per- ilous scene. The defendants are both below the middle size. Haskell is a Salemman, -near fifty years of age, and uncommonly slender, with copious indications of hard ser- vice upon his whole frame. Franswaw is a native of the Isle of France, and about twen- ty-two years old. . The evidence having closed about three o’- clock, the court adjourned until ten o’clock on Friday morning, when the district attor- ney commenced his argument in support of the prosecution. The counsel for the pris- oners followed at full length, on both law and facts; and were replied to by the district attorney. At four o’clock his honor Judge W’ashington delivered his charge to the jury, intimating a decided opinion that the prison- ers should be convicted on the first count of the indictment, and leaving the other counts to the jury, to be governed by the evidence. At eight o’clock the same evening, the jury returned averdict of guilty on the first count. Before the verdict was recorded, the counsel for the prisoners expressed an apprehension that one. point in the charge of the court had been misunderstood by the jury, and entered into an explanation, which was objected to bv the district attorney, but allowed by the court. One of the jurors then expressed his dissent from the verdict which had been giv- en, believing, as he said, that the prisoners’ conduct had arisen from fear. The court re- manded the jury, and adjourned until the fol- lowing morning. At eleven o’clock the next ‘morning, the jury again came in, and again delivered a verdict of guilty. The counsel for the prisoners, having heard that one ofthejurors had become insane since the last adjournment, required that the jury be polled, upon which the individual alluded to exhibited by his answer, such decided proofof mental derangement, that the court refused to record the verdict. The district attorney now suggested that the insanity of the. juror had probably arisen from want of food, and that if refreshinents were allowed, he might recover sufficiently to perform his duty. But the counsel for the prisoners did not feel themselves at liberty to agree to this proposal declaring their determination to leave the responsibility of whatever might be done entirely with the court. The district attorney then offered to discharge the jury by agreement, btit this also was declined. The jury was then remanded tintil the court should determine on the most advisable course. It would seem also, that the juror who dis- sented on the evening before had not altered his opinion, but had been induced to agree to the verdict of guilty under the impression that a written statement of his views, which he had prepared, tnight be permitted to ac- company it. At two o’clock they again came to the bar, when the court discharged tliejury, it being expressly understood, that such discharge was without Ilie consent ofthe prisoners’ counsel, and directed the cause to be tried anew. On lVednesday the 22d, the prisoners, be- ing again called to the bar, offered by their counsel a special plea, setting forth the par- ticulars ofthe former trial, and praying a dis- charge on the constitutional provision that no man shall be twice in jeopardy for the same cause, and alledging the discharge ofthe for- mer jury as equivalent to an acquittal. To this plea the attorney oftheUiiited States de- murred, and the court directed an argument on its validity, which consumed the remain- der ofthe da_v. On the following morning, ilie court delivered a learned and elaborate opinion, overruling the plea ofthe prisoners, and directing them to proceed. This opin- ion was principally directed to two points ; 1, that the lives of the prisoners had never been injeopardy, as that word is applied in the constittition anti by the common law ; ‘.1, that the insanity of ajiiror is one of those cases of necessity in which the court may exercise a sound discretion to discharge a jury,it being essential for the due administration ofjustice. A great difiicnlty pow arose in procuring a jury. The peremptory challenges, to which the prisoners were entitled by law, exhausted the panel before the number of twelve was completed. The marshal was then directed to lock the doors, and choose the remainder from among the bystanders. Almost every individual thus called had already formed or expressed an opinion upon the merits of the case; so that it was not till one o’clock, and not until about thirty individuals had been rejected, that the jury could be formed. The evidence upon the second trial nearly corres- ponded with that in the former. It was, how- ever, rendered more tragically interesting by producing the shirt which the captain wore when he received the wounds, and which was as completely covered with gore as if it had been steeped in a cauldron of blood. The waistcoat,which Smith had on when the cap- tain shot at him, was also brought forward, and showed conclusively that he must have been a dying man before he was thrown over- board. The whole charge of the gun had entered his right breast, and so near was he to the captain at the time he fired, that the waistcoat, which he threw off the instant he was struck, was scorched by the powder. The arguments of counsel were condticted with increased interest, and lasted until‘ three o’clock or) Saturday afternoon, when Judge Wasliington delivered the charge ofthe court in ticarly the same teiiiis as before, intimat- ing a similar opinion against the prisoners on the first count. The jury again withdrew, and the court adjourned until evening to re- ceive the verdict, ifthey should be agreed by that time. In the evening a great crowd as- senibled, notwithstanding the unfavourable state of the weather, to hear the result ofthe trial. The jury came in without having a- greed, and anxious to receive further instruc- iions from the court. Judge Washington re- peated a portion of his charge, and they a- gain withdrew. They then sent to ask that the district attorney would come into their room, upon which that gentleman, accom- panied by the prisoners’ counsel, complied with the‘reqtiest. Still, however, they were unable to agree, and the court then adjourn- ed until Monday morning. , On Monday the jury ‘again came in, and by their foreman itiforined the court that there was no prospect of agreeing; for that one in- dividual was resolved to’ perish rather than , yield. Judge Peters, who at that time pre- sided, Judge Washington being sick, inform- ed them that there was no legal ground fora discharge, and that they must again retire to their room. Thejury having-’n'o'w been more than 50 hours without nourishment-, it was proposed that they be allowed to refresh them- selves, to which the counsel for the prisoners consented without hesitation. -They contin- tied together from that time until‘ yesterday at noon, when they offered to the court a sort of special verdict, which so modified and mitigated the offence as to make it different from any that was charged in the indictment. The court of cotirse were not authorized" to receive it, and informed them that they must find the charge as it was laid, or else entire- ly acquit the defendants. They again retir- ed, and in fifteen minutes returned with a ver- dict of ./Vat Guilty. We cannot dismiss this report without ad- vetting to the animated and successful exer- tions made ‘in behalf of the prisoners, by the gentlemen engaged in their defence. When the honorable judge himself declared that they had nobly discharged their duty, we shall be excused for the remark, that seldom have men charged with crimes owed so much to the manly and intrepid eloquence of their counsel, as the persons arraigned on this oc- casion. They fully sustained the high repti- tation which has so long illustrated the Phil- adelphia bar. From the Franklin Gazette. Exped-ition of Jlf1zjorLong'.—Tlie explor- ing expedition, coiiducted by Major Long of the United States army, took its departure from Philadelphia on the 30th of April last, with a northwesterly direction, and rettirning by way of the great notliern lakes. The gen- tlemen composing the expedition accordingly proceeded by way of Wlieeliiig, Fort Wayne, Chicago, Prairie du Chien and Fort St. An- thony, to the source of the river St. Peter.—— Tliey then travelled down the valley of the Red river, to its junction with-the Assinnibo- in, having ascertained, agreeably to their in- tsructions, the point at which the forty-ninth degree of north latitiide,tlie northern bounda- ry of the U. States, crosses that river. By this it appears that a considerable portion of the country occupied by the colony ofthe late lord Selkirk, or that part of it called the Pern- bina settlements, is included within the terri-. tory ofthe U. States. The journey thus far was performed by land, the party being fur- nished with a sufficient number of horses for the transporttitioii of their baggage and other uses. At this place the expedition embarked on board ofbaik-canoes, in which they de- sceudcd Red river to its mouth, crossed the southern extremity of Lake \Venepeck, as- cended Vifenepeck river, proceeded through the Lake ofthe \Voods, Rainy river and lake, and down the Thoniaua Tekoea, to Lake Su- perior.——Here they exchanged their canoes for a batteau, in which they traversed the lake to its outlet. During their voyage through the Lake, from the fifteenth to the thirtieth of September, the weather was exceedingly bois- terous, snow squalls having occurred daily for nine days in succession. On the night ofthe twentieth ofSeptember, the snow fell more than three inches deep, and the ground re- mained covered with it thro’the day following. They pursued their voyage to Mackinaw in the same craft, and there left lietits.Scott and Denny, and the guard detailed at fort St. An- thony for the service of the expedition, with orders to rejoin their regiment on the Missis- sippi. They then sailed for Detroit on board the steam-boat Superior, and landed at Buf- falo. Pursuing theirjourney hoineward,tliey took their passage on board one of the New- York canal packet boats at Rochester on the Geiiesee river, and travelled on the canal to Albany, whence they took the customary route to this place. VVe are happy to learn that no accident or misfortune worthy of particular notice has happened to the party ; that they were, for the most part, treated civilly by the natives, and with the utmost hospitality at the establish- ments oftlie Hudson Bay Company, several of which they passed on their route. Their town extended to the 51st degree of north lat- itude, and embraced a circuit of more than 4,600 miles, upwards of 8,000 of which were through a savage wilderness remote from the abo s of civilization. This long and hazar- dous expedition has been completed in the short space of three days less than six _months, and greatly redottnds to the credit ofthe dis- tinguished scientific ofiicer by whom it was condticted, as well as to his intelligent brother officers and companions. It will also, no doubt, add mticli to the stock of knowledge of our north-western territory and its resources. JVorlh-iccslern. Boundary.—Maj. Delafield, the agent of the United States under the trea- ty of Ghent, for the North-\Vestern Bounda- ry Line, accompanied by Mr. Furguson, the principal Surveyor and Mr. VVhistler, Drafts- man, with some of their Voyageurs, arrived here on the 5th inst. The whole party is from the Lake ofthe Woods, the surveyors having been absent the last eighteen months, pursu- ing their labours in the Indian territory; and we learn that they will be obliged to return another season to complete such parts as the approach of winter made it necessary they should abandon. Maj. Delafield entered the Indian territory in the spring, and has pene- trated to the extreme north-western limits of the United States. The party has enjoyed good health during the whole time, and has never been in any instance molested by the Indians.--Detroit Gazette. Singular Phenomenon.— On the 11th ult. about 12 miles from Madison, in Jefferson county, on the road leading to Verona, two explosions took place in quick succession, in the bottom ofa branch near the house of Mr. B. Badgely, which cracked the rock for a con- siderable length, and threw tip a quantity of mineral, intermingled with white spar. It is yet unknown what kind of metal fit is. The report was so load that it was heard at the distance of four miles, and those living in the immediate vicinity were very much alarmed. This is a singular occurrence, and such a one as we do not recollect to have heard" of before, unless accompanied by an earthquake. One ofthe editors hasbeen on the ground since the explosion, and examined the creek and the mineral which was thrown up by the ex- plosion. Some ofthe rocks that were broken appear to be very large sheets, and the effect produced upon them is much greater‘ in ex- tent than would be produced by a blast from powder.——Westcr-n (Ohio) Centiiicl. _. FOREIGN NEWS.-—'1Tli‘e Bostor'i'CoIii.-‘ Gazette mentions, on the authority ofa gen} -tlenian from Portland, Maine, that avessel‘ had arrived there previous to his departure bringing later: intelligence from Cadik than had been before received in this country. _ The most important facts mentioned by him are, that on the l9tli of Sept. the French made an attack on the Tower of St. Pedro, situated on the small Island St. Pedro,jtist off the soutliernniost point of the Isle of Leon, and at the mouth ofthe river ofthe same name but were repulsed with a frigate disabled and the loss oftliree gun-boats. If this proves to be correct, it is an eventof considerable im- portaiice to the Spanish cause. This fbrtress commands the entrance to the river St. Pedro through which supplies have been occasionally conveyed to Cadiz, in spite of the French blockading force ;and had they gained posses- sion of it, the Spaniards in the city would have found much more difliculty in obtain- ing them than whilst the passage was open.-— Besides, its nearness to the point ofthe Island of Leon would have rendered it much easier for them to gain a foothold on that most im- portant spot. — But there are other considerations arising from this subject, which are of great import- ance to the besieged. We understand that on ordinary occasions, asquadron like tliatofthe French would find it extremely diflicult,ifnot impossible, to lie off Cadiz during the Octo- ber gales, and particulary later in the season and through the winter. It is then an object for the Cortes to be able to hold out until the severity of the weather shall operate in their favor. The autuninal season is extremely tin- propitiousto the health of an arniyin the field. Sickness, the necessary consequence ofsnf’fer- ing, is almost sure to make its appearance a- mong troops thus situated, and not unfrequciit— ly its ravages are more extensive, and more destructive, than the sword. VVe therefore most sincerely hope this fly- ing intelligence may be confirmed. If Cadiz shall hold out till the French are obliged, by the approach of winter, to suspend active op- erations, no man can forsee what that winter may bring to pass. They will have gained so little glory during the first campaign, and ad- vanced, upon the whole, so small a distance towards the accomplishment oftlieir great ob- ject—tlie war will have cost them so many men and so much money, that it would notbe by any means strange ifit should piodiice se- rious uneasiness aiid disturbance at home. [./V‘. Y. Dari. fldv. From the Boston Gazette. An arrival at Portland, from St. Lucar, (near Cadiz) brings accounts to the 19th Sept. They state that the French attacked the Ca- no Froeardaro, a small island, used as a Navy Yard, on the 26th of Aug. but were repulsed with the loss of 1000 men killed and wounded. It was intended to be given up by tlieGovern- or; bitt the garrison, not only defended the place, but hung up the Governor, without cer- emony, as an.exaniple to traitors. Three thousand French troops arrived at St. Lticar, on the 80th Aug. from Rota, and were quartered on the inhabitants. They are destined for the attack on Cadiz. The St. Lucar accounts confirm the fall of the Troeadero; but say it was sold to the French for 70,000 dollars. This, of course, is denied by the French, who affirm that it was carried by the valotir of the French troops. The fishing craft ofSt. Lucar have all been taken by the French, and fitted for gun boats. It was reported at St. Lucar, Sept. 16, that Gen. Alavar had retired to the castle of St. Sebastians, for fear of being shot by Riego.——- It appears that Alavar was one ofthe commis- sioners sent from Cadiz to treat with the Duke, in the absence of Riego, he being on the borders ofMalaga, and hearing the cir- cumstance, proceeded in haste for Cadiz, elu- ded the French, and arrived in safety; and by harranguiiig the populace on the subject of theirliberty, telling them it was disgraceful even to offer any terms, the negotiation was broken off. It: was reported at St. Lucar, tliattlieFrerieli had made an attack on or near St. Petre—the result was, that they had three gun boats stuik, one frigate materially injured, anti :1 number oflives lost. It was also reported, (Sept. 19) that Negotiations were renewed ,° though the Constitutionalists doubted the fact. Extract ofa letter from an American Gentle- man, to his friend in Pliiladelpliia. Gibrarltar, Sept. l.°2.—‘ Your nephew arrived safely in Cadiz, two days afterleaving this. I have a letter from liiin,dated the 6th inst. Sir Robert \Vilson was not then em- ployed—he says that the Spaniards were much ehagrined at the loss ofthe Trocadero; itwas taken by surprize at 2 in the morning, with atrifling loss to the French. The Span- iards lost about 800 prisoners, and fifty pieces ofcannon, most ofthem mounted. Gen. Oliva, the commanding general at Cadiz had returned from a conference with the Duke d’Angoulenie, while he was writing. He had asked for a suspension ofhostilities and proposed treating, but the Duke refused, unless the King was previously set at liberty, and the Isle put in possession ofthe French ; these ignoiiiinioiis terms were rejected. There was a general meeting of the Cortes on the 7th inst. when the above terms were laid before tliem—tlie result is not known- Tlie French are very active and anxious to ef- fect the reductioii ofCadiz before the rainy season commences ; should they not succeed, it is probable the place will hold out till next year: we may expect the first rains early in October, perhaps before. Should the French fail before Cadiz, they will probably consent to negotiate under the mediation of Eng- land. Sir \Vm. A’Court is still here : report says he is to proceed to Cadiz very soon to commence negotiations, let the result be what it may—restoration ofthe King to his absolute authority-—a representative government under the guarantee of England—or a confirmation ofthe present constitution ; there will be no peace in Spain; the civil war has been light- ed up and will continue for a long time ; hit- ter animosities have been engendered, which nothing but blood can allay.’ 9 Extract of a letter from Malaga. The appearance of Riego, who arrived here oti the l7tli of August, was quite unex- pected, and in general regretted, by the com- manding officers in particular, and by the commtiiiity at ‘large, as they had, for some time past, given up all hopes of saving their country from the'Frencli arms. Naiv-Yoaii‘ ‘Oct.’ 30. Q 3" ‘ Zaya.s,- must‘..‘knfo,9f‘,.§l7§’pfd have given ‘up Mjalagaf to ai7siiigl§§_r9‘rfd’g‘iment of Frencli,had scanty allowance. The firstthingtliat Rie 0 did, on his ari‘iva};‘ was to take ’command of the troops and send for those which were out in the coiiiitry,and while passing a genreal re- view, or rather while the men were on the grotiiid, information was given that-‘the’ regi- ment of Galicia from Cliurrcane,ivas'~in sight. The ofiicers of this’ regiinent, that istjthe great- and disposed--tofiiiake no ‘further resistance" a- gainst the French ; btitthe men possessed dif- ferent-‘sentiiiients—they were true to the cause. Riego, advised ofthe personal risk he run, started ofi'iinmediately with one of his aids, and was cheered by .those whom he af- terwards reviewed. Wine,good bi‘ead,cl'ieese, in general brave hardy men, who, in the de- plorable state oftlieir country, rejoiced to be headed by a true patriot whom they eouldeon- fiile in. - On the 19th, at night, Zayas, Abadia, Bag- sacult, and anunibei‘ ofothers, were arrested, together with 925 friars, and ptit on board a ship in the harbor, (formerly a'Liverpool pac- ket froiii New-York, now niider Spanish col- ors.)———Gen. Wilson has arrived from Cor- unna at Gibraltar. 2500 men from Cadiz are now in Taiifl'a, who are to reinforce Riego in his future operations. He is wonderfully/acb ive, treats his troops well, and pays them not only up their arrears but gives them something in advance. He is in good spirits, laughs at Cairo and his party of Faceiossos at Ronda, and says he will soon make them join him.’ From the .N'. Y. Daily fldv. of Nov. 1. LATER.---The [following] intelligence from Spain, by way of Boston, is very grati- fying as far as it goes. That Riego has not only acquitted liiniselfof the charges which have been published against his fidelity and patriotism, seems no't‘to admit ofa question. The letter furnished us by a mercantile friend corroborates the account from Boston, that he has displayed inuch courage and good con- duct in attacking and defeating the Freueli at Jaeii ; and if it be true that he immediately pushed on for Madrid, as is stated, his daring spirit will not be doubted. Should it prove to be the fact that be advanced towards the cap- ital in the rapid niannersuggested, we'pre- stnne he was induced to such a bold and de- cided measure by an expectation that the Spaniards were ready to rise and cut offtheir invaders. An event ofthis kind would fill the French with dismay ; and the appearance of a general guerilla warfare would render Spain a very un'comfortable place for them. It seems that the French government of IVI-alaga fell into an unfortunate mistake with regard to the real condition of Riego after the battle of Jaen. It was at first reported that he was taken, and the city was illuminated for three successive nights. But on the day fol- lowing it was discovered that he had beaten the French, and killed and taken a large ntiiii- ber of them. This put an end to illumina- tions, which in all probability might other- wise have been kept up a night or two more. If Cadiz holds out, the cause ofthe Consti- tutionalists is by no means desperate yet. Once strike the French with a panic, and they will leave Spain faster than they entered it. Extract of (1 letter from Malaga to a gentleman in .N'cw- York, dated Sept. 90. genco of Ricgo being in full march for Mad- rid. at the head of 5000 men; and as he‘ is already on the other side of the French divis- ions iii this part of the country, there is no doubt he will soon be in co-operation with El Einpecinado, who has for a long time been hovering about the capital, and keeping the Castiles alive :—the French and Serviles are of course in hot water.‘ .. ' From Boston. Papers. . Capt. Ellis, of the Prudent, from Malaga, (Sept. Ellst) informs, that the French troops left that place in the night, about 4 nights pre- vious to his sailing. It was not known where they had gone. Nothing was known at Mala- ga respecting Cadiz, as all coniintinication be- tween those plaees had been cut‘ off. Capt. E. states that lie was in the vicinity of Cadiz for several days in light foggy weather, and heard a continual firing of caution. Just be- fore the Prudcnt left Malaga, the American Consul gave to Capt. Ellis 3 paper, of which the following is a copy :—- ‘News has just reached us, that Riego, at.’ ter giving the French a complete beating in the streets ofJaen, leaving 700 ofthem dead, besides wounded, proceeded on his inarch , and was in a place called La Carolina, rapid- ly marching towards Madrid, and was in ex. peetation ofjoining with Martin, the _Empe- cinado, and but little doubt remains that he is at this moment within a few leagues of the Capital of Spain. The autliorities of this place spread a report two days since that he was captured, btit it was merely to deceive he ignorant and keep alive the hopes of_ the erviles, more properly called the Banditti of Spain. ‘ If the Government in Cadiz remain firm a very short time longer, the face of affairs in this unhappy country will wear a different as-' pect, and Europe may have to thank Spain for saving all the Continent from despotism. . ‘ The conduct of Riego while in this place has been reported in the Gibraltar Chronicle in a base and shameful light—-f:ilse in every respect, and a tissue of lies. He acted like a gallant soldier, and a firm unshakcn Patriot; and among all the Generals in Spain he.has_ proved himself capable" of ‘acting for his coun- try in the true style ofthe old Romans.’ Gen. Riego, after he left Malaga must have landed near Motrii. . The French from Mala- ga were ‘probably gone in pursuit of hiin—- Jaen is about 80 miles from Malaga. The French left a garrison at Jaen, which has pro- bably been surprized by Riego.——Bost.~C'¢nt, The Gibraltar, aceotints mention, that tlie_ rear guard of Riego was overtaken at Velez Malaga. The French have very few troops between Jaen and Madrid. , - - ‘The Boston Daily Advertiser gives an ex- tract of a letter from an intelligent ‘gentleman, dated Malaga, Sept.20tli, which says—c [am sorry to state that the war wears now more than ever the character of a civil war, as the forces of the French are not adequgite to their views. Gen. Riego left this place with 4 or they ';appeared,* and’*‘eve'n to the Facciosos . -headed by Carro, had he not have beenJa-U:‘-’*'- liaid ofhis ongn troops, the best of which he .- .liad'out,iliarré’ssing them unnecessarily on a; " ' er part ofthem, were iniplicated with Zayas ’ &,Lc‘. were distributed amongst these poor, but . ‘ The last post brings the gratifying intellil ?
Norwalk Chronicler