On the 9th, all the cavities were charged, but the works for the destruction of the artillery were not finished, and I stayed one day more in order to leave nothing to regret.

On the morning of the 10th, I assembled the principal officers of the garrison-I read to them the orders of the Prince of Essling-I did not conceal that our expedition was full of difficulty and danger-that once out of the garrison, the fire set to it, we should find ourselves obliged to cut our way through to rejoin the army, in the midst of obstacles of all kinds, or to fall with honor; that the place once destroyed, he intentions of his majesty would be perfectly fulfilled-that that single object ought to animate us-that we were Frenchmen, and ought to prove to the universe that we were worthy of being so-that if our expedition succeeded, it would cover us with glory, whatever the effect might be to us personally all testified the most courageous devotion. I then informed them of the dispositions I had determined upon, as well as the manner in which I reckoned upon reaching the enemy's posts, and I showed them the route I meant to take. And wishing to march in two columns to have less depth, and to overthrow a larger front of the enemy, which gave me beyond their line more latitude for my movements, I gave them all the necessary instructions for the march of the two columns; and as a basis, I announced, that the left column should be the column of direction; the two élite companies of the 5th_battalion of the 82d regiment were to march at the head of the left column, composed of the said battalion, to clear the passage for the column that followed them. The two companies of cannoneers marched at the head of the right-hand column for the same purpose. This column, commanded by the chief of the battalion of engineers, Thruiller, was composed of different detachments of the 6th and 8th corps. The sappers were to remain in the town, part to set fire to the train, another part to hinder the inhabitants from deranging our operations, and to inspect the sortie of all-they were afterwards to form the rear-guardthey were commanded by the chief of the battalion of engineers, Morlet, who remained in the place till the train had been lighted, and who was obliged to cut his way a second time with his sappers through the enemy's posts, which had joined in our rear.

I placed the baggage at the tail of each column. I foresaw, that in any case it could not follow us; and I was not sorry to place it in a way to be taken, in order to occupy the enemy.

After having agreed with all the officers about the preliminary details of our operations, I went, as usual, to walk about the town and the ramparts. I conversed with all the soldiers; I was enabled, by an air of security and confidence, to remove from their minds all doubt or uneasiness upon the result of our operations: and I saw every body full of confidence, and even enthusiasm. At night-fall I made all the garrison take arms to prevent any one from being absent, and to be ready as soon as all the dispositions were completed, for we worked to the moment of our departure. At 10 o'clock, all being ready, I sent

orders

orders to all the advanced posts of the half moon and covered ways, to come in the greatest silence within the barrier whence we were to depart. At the moment of beginning the movement, I gave, as a watch-word, Buonaparte and Bayard, and we all set off under the auspices of glory and honor.

I went out the last. I then sent orders to the Chef-de-Battaillon Morlet, to place the fire in the boxes. It had been agreed upon that this single order should suffice, because it was to be a private signal, as soon as he had the certainty that the matches were placed, in order that the fire should be set to the powder at the same time. Every thing was perfectly well executed. My two heads of columns began to be engaged with the enemy's posts at the very moment of the explosion. All were penetrated, and I continued my rout rapidly, always harrassed on my rear and flanks, as I had foreseen. The baggage was pillaged. I would not have any guide, because he could only show me the ways which I would not take, and because he could only infuse uncertainty into my movements: not being able to find out by night the different points of direction which I had long studied by day, the moon served me as a compass. The different brooks or rivers which I crossed, and whose existence I was acquainted with, also contributed to insure my direction. I was harassed as far as Thuron-there they abandoned me: in fine at day-break I was between Villa-de-Cuervas and Barba-de-Puerco. I took my way to the Agueda. Between those two villages, before I arrived on the summit, the enemy's cavalry had reached my right, and marched in a paralel line after me, to stop me, or to point out to the troops that were on their march in pursuit of me, the rout I had taken. saw on my left some elevations crowned with troops. I manœuvred to avoid them, and I arrived at length at a path which led to the bridge of San-Felices.

1

The two columns which had always marched in sight, and within reach of each other, arrived together on the left bank of the Agueda in the same order in which they left Almeida. They had always marched in order in spite of rocks, rivers, and precipices.

The rear-guard of the sappers had joined some moments before the rear of the left column. I perceived some troops on the other side, which I found by my glass to be French, and we descended rapidly to the bridge. The enemy poured in on all sides: they had reached the rear of my column; I had the grief of seeing some of my brave comrades perish. At length General Regnier, commanding the second corps, sent troops towards the bridge, and protected our passage. He received all the wounded, and sent them to San-Felices, where we all united. I lost in this operation but 60 men, and the whole garrison is arrived.

I annex the report of the commander of the engineers, and also M. Lechene's the captain of artillery. I also annex a plan of the place: all marked in black shows the works that were blown up.

(The letter concludes with bestowing praises upon different officers.)

(Signed)

GEN, CHRON. VOL. III. NO. XIII.

Y

BRENNIER.

LAW REPORT.

Recorder's Court, Bombay, June 23, 1810.

KITSON V. STIRLING.

HEN the cause was called on, the defendant and his wife took their seats near his counsel. The Honourable the Recorder intimated to the defendant the propriety of Mrs. S- -'s absence from the Court; and advised her to retire into some adjoining apartment. The defendant himself, however, addressed the Court, and said, that he could not dispense with her attendance: that it was as much her cause as his; and that he also required her assistance in taking notes, as he himself was deaf. The sequel of the cause, however shewed, that this was a mere pretext, and explained the reason of his reluctance to suffer her to leave him for a moment. She was suffered to stay.

Mr. Woodhouse, for the complainant, stated, that this was a suit in equity brought to set aside a bond for 20,000 rupees, executed by the Complainant in favour of the defendant's wife, on the ground of its having been extorted from him by fear, and without consideration.

The complainant and the defendant married two sisters, the daugh ters of a Mr. West of this place, the former in July, and the latter in October, 1809; from which time till the 7th of December, the families of the complainant and the defendant had constantly visited each other on the kindest and most cordial terms.

But on the 7th December last, Mr. R. S. Kitson, the complainant, being in a godown, superintending the stowing away some bales of cotton, was surprised by Captain Stirling's coming up to him, and charg ing him with having taken unlawful liberties with Mrs. Stirling previous to her marriage. Mr. Kitson having positively denied the charge, was requested by Captain Stirling to retire with him to the complainant's room at the bunder, or to the tavern.

Mr. Kitson having refused to do this, Captain Stirling went to a neighbouring shop, and wrote the following note to Mr. Kitson.

SIR,-You have taken improper and unlawful liberties with your wife's sister, whom I no longer look on as Mrs. Stirling. If you wish to save yourself and family from utter ruin, throw yourself on my mercy and generosity as she has done. Au immediate answer is demanded by, JOHN STIRLING.

The defendant having waited some hours to finish his business in the godown, afterwards went to the house of his father-in-law, Mr. West, where his wife and her mother were, and communicated to them what had passed between him and Captain Stirling.

The defendant in the mean time had gone to the bunder, where he hoped to find the complainant, but on being informed that he was at Mr. West's, he sent three several messages to him to come to the bunder; but having received a negative to each, he at last went to Mr. W.'s house, where he found Mr. Kitson with his wife and mother-in-law.

The defendant's conduct on this occasion was so violent as to excite considerable alarm in the minds of Mrs. W. and Mrs. K. He addressed

himself

himself to the complainant in menacing language, and protested that he would be his utter ruin.

Mrs. Stirling, in the presence and hearing of the defendant, asked her brother, if he did not recollect the complainant coming to his (Mr. Wm. West's) house one evening to see her sister, who happened to be out; and if he did not recollect also that she (Mrs. S.) had told him that Mr. Kitson had behaved rudely to her. Mr. Win. West having answered that he recollected Mr. Kitson coming, but not Mrs. S.'s complaint; the defendant expressed his surprise that he should not remember so extraordinary a circumstance, and asked him if he had not observed something singular in the behaviour of Mrs. Stirling and the complainant towards each other on the evening of the 6th December, when the defendant and his wife were on a visit at the complainant's house. On Mr.W.'s saying that he had not, Captain Stirling replied, that he himself had, and having noticed the circumstance to Mrs. Stirling, as they were returning home, he had prevailed on her to acknowledge the whole truth. Captain Stirling however did not communicate to Mr.West the extent of what Mrs. Stirling had acknowledged; but said, he did not wish the family should know it, and after blaming the complainant for not having kept it a secret, told the witness, that his only motive for calling on the complainant, was to prevent a recurrence of such conduct; and that all he required was an apology in writing, which he observed he had not yet received.

The defendant did not suffer his brother-in-law to remain long unmolested after this. On the next day, (the 13th) Mrs. Stirling sent the following letter to Mr. Kitson:

SIR.-I take the opportunity of informing you, that unless you agree to Capt. Stirling's proposals, and give him an immediate and satisfactory answer when he calls at the brender to-day, it is his determination to lay the whole affair before the Recorder's Court, which will not only bring disgrace on me and our family, but be your ruin-do therefore, for God's sake, settle matters with him at once, and release me from misery. Return this note immediately per bearer, as I am under a promise to my husband not to correspond or have any thing whatever to say to you in future. "I am, &c.

Tuesday, 13th of December, 1809.

AMY STIRLING.

Mr. Kitson had not recovered from the agitation into which this note had thrown him before he met with Captain Stirling himself: who came, as it should seem, fully determined to carry his purposes into effect.

Before this, however, the complainant, in consequence of the note he had received from Mrs. Stirling, called upon Mr. Sandwith, his solicitor; informed him of the unfounded charge Captain Stirling had made against him, and of his threats to proceed at law against him. Mr. Sandwith told him not to be alarmed, that Captain Stirling, in his opinion, never would venture to proceed against him; but told him to be on his guard, as he suspected it was his design to extort money from him. Mr. Kitson then proceeded to Mr. West's, where he had not been long before the defendant came.

After some conversation the defendant asked Mr. Kitson to go with him to the bunder the complainant at first hesitated, and refused, not

willing

willing again to expose himself to such an interview, as had occurred on the 7th, and being more particularly averse to such a meeting, after what had passed between him and his solicitor. He, at length, however, consented to go.

On arriving at the complainant's rooms in the bunder, the defendant ordered the door to be shut; and accordingly drew from his breast a common blank printed money-bond, and insisted on the complainant's instantly filling it up in Mrs. S.'s favour, in the penalty of 40,000 rupees for the payment of 20,000 rupees. This peremptory demand was accompanied with the greatest violence of language and gesture, and with repeated threats to accuse him publicly, and to be his ruin if he persisted in refusing to execute his bond. The firmness of the complainant at length gave way, and he took up a pen and attempted to fill up the blanks, but his agitation was such that he could not proceed. The defendant, however, was not thus defeated; for he instantly drew from his breast the bond in question, written all in his own hand, together with another paper, purporting to be a declaration of secrecy. It was to the following effect:

OATH.

Bombay, 13th Dec. 1809.

I do swear, and I shall answer to God at the day of judgment, that I will not at Any time, or on any account whatever, declare or discover, to any person or per sons, the intimacy and connexion that took place between me and Amy West Stirling, nor any of the circumstances connected with the arrangement which has taken place.

Witness, JAINDON PUTLAGEE, P.

R. S. KITSON.

These papers the defendant insisted on the complainant signing immediately. At this time the complainant's agitation was so great, that he at first signed his name in the place where the witnesses usually sign theirs; and so complete was the ascendancy which the defendant by his conduct had gained over the mind of the complainant, that the entrance of a third person, a Mr. Purbhoe, who was called in to sign his name as a witness, did not restore the complainant to his recollection. Such, however, was the effect of this transaction on the complainant, that on his return home he was taken ill, and was delirious for several hours.

Such are the circumstances under which the complainant charges the bond to have been executed.

On the other hand, the defendant alleged in his answer, that the execution was altogether voluntary on the part of the complainant, and that it was done in pursuance of his own previous promise to secure some provision for the defendant's wife, in case a separation should hereafter take place between her and Captain Stirling, in consequence of the criminal intercourse between the complainant and Mrs. Stirling, which the defendant charged was confessed and acknowledged by the complainant himself to have taken place.

The defendant in his answer attempted to support the allegation of criminal intercourse, by the production of a correspondence which had taken place between himself and Mrs. Stirling. The correspondence

consisted