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Trembling, vile wretch! he reach'd the door,
Whar loud in riot's dru'kin roar

Whores and distillers kiss'd him."

SCOTS MAGAZIne, 1802.

TRAVELLING IN GERMANY.

WHAT the Germans call a Diligence, or Post-wagen, dragging its slow length through this delicious scene, is a bad feature in the picture. Much as we laugh at the meagre cattle, the knotted rope-harness, and slumbering pace of the machines which bear the same name in France, the French have outstripped their less alert neighbours in every thing that regards neatness, and comfort, and expedition. The German carriage resembles the French one, but is still more clumsy and unwieldy. The luggage, which generally constitutes by far the greater part of the burden, (for your Diligence is a servant of all work, and takes a trunk just as cheerfully as a passenger), is placed, not above, but in the rear. Behind the carriage a flooring projects from above the axle of the hind wheels, equal, in length and breadth, to all the rest of the vehicle. On this is built up a castle of boxes and packages, that generally shoots out beyond the wheels, and towers far above the roof of the carriage. The whole weight is increased as

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much as possible by the strong chains intended to secure the fortification from all attacks in the rear; for the guard, like his French brother, will expose himself neither to wind nor weather, but forthwith retires to doze in his cabriolet, leaving to its fate the edifice which has been reared with much labour and marvellous skill. Six passengers, if so many bold men can be found, are packed up inside; two, more happy or less daring, take their place in the cabriolet with the guard. The breath of life is insipid to a German without the breath of his pipe; the insides puff most genially right into each other's faces. With such an addition to the ordinary mail-coach miseries of a low roof, a perpendicular back, legs suffering like a martyr's in the boots, and scandalously scanty air-holes, the Diligence becomes a very Black Hole. True, the police has directed its denunciations against smoking, and Meinherr the conducteur (he has no native appellation) is specially charged with their execution; but Meinherr the conducteur, from the cravings of his own appetite, has a direct interest in allowing them to sleep, and is often the very first man to propose putting them to rest. To this huge mass, this combination of stage-coach and carrier's cart, are yoked four meagre, ragged cattle, and the whole dashes along, on the finest roads, at the rate of rather more than three English miles an hour, stoppages included. The matter of refreshments is conducted with a very philanthropical degree of leisure, and at every con

siderable town, a breach must be made in the luggage castle, and be built up again. Half a day's travelling in one of these vehicles is enough to make a man loathe them all his lifetime.*

T

RUSSELL'S TOUR IN GERMANY.

THE DIAMOND BEETLE.-CURIOUS ACTION OF DEFAMATION, FOR DAMAGES.

[HAVING lately seen an imperfect edition of the following legal jeu d'esprit, in a London Literary periodical, we determined, for the honour of the Scottish Bench and Bar, to publish it fully and correctly.

It is too well known already, to be made more so by this determination. It is of a nature perfectly harmless, and is replete with that unique quality, of abounding with wit and humour, and, at the same time, of being free from expressions which could, by any interpretation, wound the feelings of the high characters alluded to. The greater part of them,

* In the Rhenish provinces of Prussia, the establishment of the new French mails has created some rivalry, or the government has been brought to bestir itself to facilitate the means of communication in that commercial district of the kingdom. On the great road between Frankfort and Cologne, a species of mail has been established, which they have dignified with the name of Schnellwagen, or Velocity Coach, because, by throwing off the carrier's cart, it makes out between five and six miles an hour...

indeed, are dead, and those who still inhabit the land of the living must, ex natura rerum, soon depart from it. When they are gone, we venture to predict, that the DIAMOND BEETLE will prove the most lasting EPITAPHS, which will ever be composed for the preservation of their MEMORIES.

Satisfied that there is nothing in the following "Notes" which can be construed into offence-expressing our respect for all "Constituted Authorities," and our admiration of the splendid talents of the gentleman by whose hand they were penned, while yet his years were young,-one who is alike an honour to his country and his profession,-we wipe our quill.] EDINB. LITERARY GAZETTE.

NOTES SUPPOSED TO HAVE BEEN TAKEN AT ADVISING THE ACTION OF DEFAMATION AND DAMAGES-ALEXANDER CUNNINGHAM, JEWELLER IN EDINBURGH, AGAINST JAMES RUSSELL, SURGEON THERE.

LORD PRESIDENT, Sir I-Y C▬▬▬▬ -L.-Your Lordships have the petition of Alexander Cunningham against Lord B's interlocutor.

It is a case of damages and defamation, for calling the petitioner's Diamond Beetle an Egyptian Louse. You have the Lord Ordinary's distinct interlocutor on pages 29 and 30 of this petition: Having considered the condescendence of the pursuer,

answers for the defender," and so on; "Finds, in respect that it is not alleged that the diamonds on the back of the Diamond Beetle are real diamonds, or any thing but shining spots, such as are found on other Diamond Beetles, and which likewise occur, though in a smaller number, on a great num→ ber of other Beetles, somewhat different from the Beetle libelled, similar to which there may be Beetles in Egypt, with shining spots on their backs, which may be termed Lice there, and may be different not only from the common Louse, but from the Louse mentioned by Moses as one of the plagues of Egypt, which is admitted to be a filthy, troublesome Louse, even worse than the said Louse, which is clearly different from the Louse libelled; but that the other Louse is the same with, or similar to the said Beetle, which is also the same with the other Beetle; and although different from the said Beetle libelled, yet as the said Beetle is similar to the other Beetle, and the said Louse to the said other Louse libelled, and the other Louse to the other Beetle, which is the same with, or similar to the Beetle, which somewhat resembles the Beetle libelled, assoilzies the defender, and finds expenses due." Say away, my Lords.

Lord M- ——K.—This is a very intricate and puzzling question, my Lord. I have formed no decided opinion; but at present I am rather inclined to think the interlocutor is right, though not upon the ratio assigned in it. It appears to me that there

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