The Express. — London, England, 1857-01-14 00:00:00

WILT EMS FORWARDED to the 00W!. Eakingangt"AleserleVl=l:stt never contemplated that the arrangement should be finally concluded without his client's approval, and by no means intended to take the responsibility on himself of giving inedneticas to counsel against her express directions. As to the question of a ratification of the terms by her, that is disposed of at once. There is no pretence on the whole of the evidence for saying that Mrs. ',WM; by any art or expression, ever waived her original and entire dissent. On the important creation of the general autho rity of counsel, as such, to compromise a case against the wish of hie client, the following observations of Mr. Justice CROWD= are entitled to great attention In the course of a somewhat long pro &mimed experience at the bar, I wee never aware of the existence of such an extenaive agency, and was thereibre much estoeished &Übe prepaid= so broadly Laid down by the counsel for the defendant. We were referred to no text book, ancient or modern, in support of each a principle, nor to any paitive deci sion in which such a doctrine has been established." The learned Judge then points oat the distinction between patting ea end to a cause and conducting a came. No deabt, in the ordinary mane of the oon duet of a eases, the sets er admissions of enneel are binding on the client by virtue of the mere relation that 'abate between them. Bet where a compro mime is contemplated and litigation is to cease upon terms to be arranged, the case is different. " la this ass," says Mr. Jades CROWDER. " counsel an only set, se I believe, under special instructions." The 111; PVILIO sad die TRAM us essiiiided vas am t._ !wig ireo sh. mum igrasso. I.Vgild."l."ProsMir.e.re=liffm M Ear ILT WloballB LINT TO READ, from 8 am, ar k r c . 1.4 isiiie;vritoga..,,,invcettAt MEXPRIIIB,—The PUBLIC sad TRADE " l ir= Mat= r l. MAWR% -el Ligl . by II la mina& PUILIU sad TRADE Int expreoo. TO CORaiiPOWDZeTS. AlbertLamle Ininsda . " The Emprm.• Lear !vie mfr. stua le a ay allm 16. limmiris.amt. bf f.. .as •• die ibg et ribloslm. paraTio SZNOTlre____ llll" pr D ara,la ßlAll—Aad sad ands oil Ewa KIM 7 1. 1. mama ar ied . nor . Ina *km. reason is obvious. The counsel is retained to conduct the cause, not to stop the canee—to present the ease of his client in the best way he an, not to prejudge the ease, sad to make that prejudg ment the basis of entering into negotiatio•; which the client never contemplated, still lees which he has distinctly refused to entertain. Certainly, as the learned Judge well pots it, " it would seem a strong thing to hold that counsel, entrusted by a client to try whether there was a valid devise of a large estate to her, should have in cidentally an implied authority to decide that his client should waive that question and give up all claim to the estate upon receiving a certain annuity for life." To bold this, indeed, would be to hold that counsel is invested not only with the authority of an advocate, but with the plenary power of a ' judge—it would be to hold that, by the mere act of retaining counsel to assert our claims or defend our rights, we confer upon him the despotic prerogative of dealing with those claims and rights precisely as he plena, not only without our authority, but in spite of the strongest expressions of our dissent. We are glad that t h e good sense of Mr. Justice Clown= has refired to sanction so mischievous an absurdity. As the other members of the Court die minted from his judgment, it is of course liable to be questioned in the Court of Error. But even should that course be resorted to, we feel confident as to the result. It is impossible to conceive that a majority of the English Bench can uphold the doc trine, that an English subject may be committed to prison for refusing to carry out an agreement made fee him by his advocate, which he has expressly instructed that advocate sot to make. Wa were surprised and gratified some short time ago to hear that the Honwelusrds contemplated • sweeping meson of Army Reform. Hitherto no military appointments have been more coveted than Stairappointments, sone require more knowledge and ability, sane are better paid, and yet none have been /1101111 greedy jobbed. It was, therefore, with no ordi nary satisfaction Hat we read the announcement in a morning contemporary of a total change in that appassetly aboard optima. According to the sap. posed scheme none but eScers thoroughly qualified by knowledge and ability were to be admitted to the Staff, and thus quakiness were to be tested by a strict emulated's. If we may believe the confident assertion of the last number of the Ultiied Service ifornine, the contemplated scheme was only communicated to a very few dicers of high rank, and it I appears, sceording to the same authority, that one of these dicers has betrayed the confidence reposed in hint by publishing the secret. The thing I is not altogether impossible, for we hare not yet for gotten the Duke of WILLLINOTON'S letter to Sir Joan Daracionce, or the history of the Corn Laws. Bat. bowever this may be, we are now informed thah fa eemegneme of Ile palmation of the ameret. Gemmed pie bee hem semseila modified. The emedlideeftr fladreprialmente Mbe nondmiled Boa mare amighnens Br palm ienel attainments, by emmeolleg niers of regime* who are to re model& embalms be the General Mears at the inspestima The adhere thee abided are M ism saVested to a prlklorry examinsfba by*, OMmai.end if append 'Cary mil be mufti fir regridnests as the IMO Oa the assumeme al a mousey, the esahrelheral the lid WO many at thepablie camas mew etbrarestisa iddaftey ft hit new voandra ; mar will he receive his sprint mat total he ben passed a ereditabk exmarksa, emilailgapipmly qualified GeneralOtimrefgreat =.Bholm. to be intended that di Omni 1111:1 preside over an ideating einblish mat lidied to fifty mile, and album the Misers fermi* rsperied wet elleima 101111 obtain the vacamina. One is said M be the new pima for eeseriag sm allisat Styr le the British assay. The paths mad M kW ems ant we saftetain the most !retort aseabalem that wittiest a Mal en army is maim let me audios Betio Idiom pro pounded ammo m MAD and bang a unidelligible that we remmt melon either ta appsee er to dis approve of it. Weight, la sine. whalrelhe Horse- Oserds have hit wen Se but team Br the attain ment et the end they loss in view. Bat there is one teem which to us aeons eon thrive against ismagematleg say change at the maw moment. The easepaherlin of the Staff-- the esmpalliag Onamel Odium to select educated and brallgeat mum ter ism 11h4 is only part of a much stir Imam 'Sitting "Win of array edeca tia mg M altaillyfteuresdArl to qualifications to be replied efeftlf Mein mast Bra an bil lowiest eimat in the ilmmia. Airrisissents on the Staff ought to be mailed the 'swards far ability sad knowledge. awl mot uneamily form an essential portion of any mime et Army Re form. The Stag 'nut not be milled as a top' rate matter. We are the more urgent on this point, inasmuch as it is notations that a Commission consisting of three gentlemen—an Engineer officer, an Artillery akar, and a Civilian—has made the boar of Europe, sad has no doubt collected moat valuable imbrued= as to the state of military teratica sang the Meet Powers of Europe. THE EXPRESS, WEDNESDAY 31?.'WING, JANUAR' military sydem ;a to education is at variance with the system of every other country in Europe, and that no other nation would venture for an hoar to entrust its honour or its security to men who, however gallant, have never bad the opportunity of studying those principles of war, with out a knowledge of which no man ought to be allowed to command an army. It may turn out, that so far from the plan of reorganising the Staff proposed by the Horue-Ouarda being sufilcient, it is a mere ppd. dling piece of reform, which may, perhaps, serve to check public clamour for a moment, but will effect no radical, permanent, or useful change. It may—es we suspect it will—turn out, that the British army, compared with foreign anniss, is entered by gallant but ignorant men, and that the thing required is to add knowledge to its acknowledged solidity and gallantry. On the eve of the publication of the results of so important a Commission as that to which we have alluded, we protest against any sadden or premature alterations. Having waited so long, we are quite ready to wait a month or two longer, in order that we may ascertain for ourselves all the facts as to military education—in order that we may have before our eyes the actual condition of military education throughout Europe as a standard by which we may settle our superiority or oar deficiency, and that we may devise the best means of supplying then defects if they exist. bt gratin. WINDSOR JAW. 13. The Quern and Aimee, the PADCOIII Royal, and the Coot et Planders, atteeded by the Lady in Visit* and Maids of Hower, drove oat yeeteedey aftersooa In open carriages. The Wennlse la Wei*/ went In atteadaeoe an horseback. The Lard Cheminlbw end Lady Crinworth, Lord B.okeby, and Lieatenint-Colomel Mande, Royal He.. Artillery, arrived net a rift, and lad the barrow of dining with her Majesty. The Hon. and Very Rev. the Dean of Windov rad the Km MN. Welleakly also had the beam to be iaeladed. The Cadens= Baud Maeda M damn sad played the Mbar* phase: Jura of frostier. MS Costa. Overture, "Sicilia& Bride" Bill. fielectiom " Boma is Egypt" ReesiaL Quadrille, "Lye Clairton de l'Armie d'Oricar PAS llasarka, " Brame Her lidajeatje Private Beed afterward' attended be the Conte sad performed the folioniag 'election : Overture, " Moho" Beethoven. Dame do Parephdes. Ilerche, couplets, sad &mar, " Le Choral de Broom" Auer. The Queen, accompaeled by the Priamee Royal, walked to the florae Perk this moratag. Prince Albert, ern the &sat d Fleadote, west oat .hors. Lad Rokeby sad Lieoteaant-Coloaal Meade had the Iseetorar to acompaay the Prime. The Coaster of Draft hoe eaceeeded Lady Maedosakt as Lady in Welting to bee Illekeety. Lord Wallops& mad Camel the Hos. N. Head haw woo- needed the Earl of Calderas sad I.Jeatamd-Coleeel F. Cavendish as the Lord and the Groom Y Waitiag. Lord bAski of Alderley WI London yeotradai, as • obit to the KarTeis at Ailed:wary, at BSVreele•lod4e. Deevaries tram the Lird High Commieloser of the Iceish Link Wen received yesterday et the Cokoisl-cdlice. Lad and Lady Henniker gave a splendid ball on Tay lag, at Thoreham-hall, to all their numerous Isesstri sad Mends wound. Invitations to a largo extent wars given be may miles &team, and several hundreds mild thsmshasstss surelleent a treat. After supper ameba was raseved, sod Lady Heantkarjoinotl in dances, esidoe the tanants It bar partners. Lady Elisabeth Steels, WlllOllll death is announced, vas Or shhsß =orbit( daveda d 111Mbri, Gbh Duke of Usaabsibtr, by lady Sam Oardsa, illasgbiar at Almada., harth Di d Omits. The Ake sad Dachas of Mau churn, lb. Erni sad ILAL of tasslaide, the Amber et Wsillantss, rid Ober drales d dlettactioa, sat - easesslaa lobar leiriders death. The report of Sir John Bowring's illness is eon• halm& On Friday kat the tenantry on the Warwieluthire estates of C. N. Newdegete, E.g., M.P.,easembled at Arbury, aid preaented as eddras to Mn. Nowderatu together with a portrait et bar eon, Mr. C. N. Novelette* M.P. " During the keg period we have ecrupled land on this estate," as, the /arts, "Mr. Nowdegete has tonetandy ledd out tho bawl el bisedddp is as, and he all dram of dilleulty her voluntarily taken a bed Are of the *idea. In .dull ' don is width, by the liberal egvernente he has given to bis innate, they as. simply nand and eneausged to cultivate their tams rivastageously." The turerry adarwaris par took of a dinner, Mr. Nonlegre reading, sod he the even ing a ball sad sapper were given by Mr. Nordegate to the wire and daughters of the tenants. Dancing as. }edited In by Mr. and Mrs Newdegate and the torpery staying bathe boars, making altogether a party of about 150 prows. Mr. Thsekersy continued his lectures last evening at the Meryl/Am' Isetitatha, the sahleet Wag the tetra el Chicep 111. The Morisu Pat publishes the following despatch in a late edition : "PARIS, WIDNI6DAT. " The Menage of the Federal Council of Switzer land, addtepeed to the Federal Anew*, PcoPzell , to annul the proceedings commenced against the insur gents of Neufchatel, and to set them at liberty, with the reservation that they shall be sent ont of the Helvetic territory until the official conclusion of the The lecture seam at the Burnell Institution com menced yesterday evening with a lecture by the Rev. Baden Powell, &vibes Reimer ot Geometry at °eked, " On the Rotetioa at the Earth." Is treating et the perish= reperbasat, Mr. Powell mentioned, es a carious Set, that mend erdestine men had, independently, berented Medlar imtrireena, and that Mr. flaw, et Edinburgh, twenty pan age, 6meribed *sway the kind at gyroeume which 11. Posusalt, without knewieg that any me bad coseetted the tame Mee, afterwards brought to goribetioe. An instructive lecture was last sight to the rang Ms atter:bog the evade, dares at Crosby Ha, by Mr. Lease Levi, as the vetoed of essaeree, being the lint el a arise of ida lerteree to be delivered by the knee gentkoan, at the sane pima, on the Ilikery end Principles of Comma mad Banking. The hetet* lest night we ebiely devoted to iltestanting the importance end progress of conueeree. arrangements. " The same document proposes to suspend the armaments and to dismies the troops, se Switzer land need no longer conmeler herself as in a state of war. — "The Menages announces that the Ministers of Ramis and Austria to the government of Berne have communicated to the Federal Council notes conformable to thous at Frame and England." The fienstns Academies's of the University of Edfabarik, len coiderred the Degree of LL.D. upon Pro. foomor Imes Stephen of Lt. ( . College, Loudon. i i.A T IEST INTELLIGENCE. 7 WritERLAND AND PRUSSIA. is Nord and the Indermdasseo Beige of yester day publish the text of the Rankin reply to the Austrian despatch in which the proposition was made to refer the question of Neukhatel to the , Powers signing the London protocol. The reply is in the hem of a letter addressed by Prince Oorteha koff to Baron do Budberg, Russian minister at Vienna. The Prince professes equal anxiety with Count Bud that the dispute be amicably settled, but proceeds to argue at some length that in demanding the unconditional release of the prisoners, the King of Prussia acts strictly in accordance with his rights, and as his dignity imperatively requires. Therefore, the despatch continues, the imperial cabinet " does not believe that his Majesty's freedom of action can be in any way restrained, whatever be the measures he may judge necessary to take to obtain the satisfaction he demands." The public mind is a shade less confident today than it has been in regard to the settlement of the Neufchatel question. The Constitedionnel, the Pops, and the Patric have all received orders to publish articles insisting that France has not In any respect altered the opinion on the matter expressed in the article of the llowiterr, that the only change in the situation is that the Swim Federal Council has become more il reameable, and has now agreed to accept the very proposition which it might as well have accepted at first. All three of these papers are very careful to say that although France will use her efforts to induce the King of Prussia to abandon his claims upon Nsukhatcl, this undertaking on her pert constitutes se mew condition, sad is in no way subordinate to the ustemditiemsl liberation of the Neufchatel pri sms, whisk ibises warmly calls for. The Pays says very plainly, " France had the right to promise that she would ask from the King of Prussia the renunciation of his rights - of sovereignty in Neuf chatel, but she could not go so far as to promise to obtain it." The better opinion, however is, that all this is a comedy played to propitiate the vanity of Abe King of Prussia, and to make out that the policy of the Tuileries* is incapable of error or ,change. Certainly if the Swim Federal Assembly, 'which is to meet tomorrow, believes that France ia not in a position to promise renunciation, It the name of the King of Prussia, that body will not ratify the propositions which were only accepted by the Federal Council on the clear understanding that there was to be no doubt about lbe matter. However this may be, I believe it to be certain that the French cabinet is still expecting ma answer from Berlin to a recent despatch, and That the King of Prussia shows a great indisposition to ratify the use which has been made of his name. ' At the Bourse the market has been rather gloomy *a consequence of a fall of I per cent. on the English Clatals, sad also a report of the King of Prussia both. sdamd to adhere to the propositions for the lettkested el the Neufchatel affair. The Rents fell Ik. for cash, and 40e. for account—closing at 117 fr. Mc., and 87fr. 90c. Mobilier fell la. The railways were from sfr. to 10fr. lower. The hake between the Orleans and Grand Central Companies is understood to be agreed upon, but it is wit tree, P announced by the Dibats, that the treaty was signed at three yesterday afternoon. The great Uaicers libel case is compreatieed, the waelasehely death of the Archbishop of Paris halm been adroitly made use of by the clergy to prevent a public exposure of their quarrels among themselves. On the cause being called on this morning, M. Jos 'eau, the counsel for the Miters, stated that his client, the geratst of the ()hirers, and the defendant, the Abbt Cognat, had yesterday signed the follow ing paper, which had been drawn up by a " vene rable personage ": The Abbe Cosset and the ralarleurs (Atha Psiw►s taking into consideratioa the Mesa, conmels Which hare tees offered to this., mad yielding to the sentiments imbed by the hightfid catastrophe which has afilicted eft Christian souls, renounce—the Abbe Cosset on his part, the republi cation of his pamphlet, E rakers jugi par lei maw, sad the rastrusirs of the Gisityrs on their part the prommaks for the libel which they had instituted against the mare of that pamphlet, sad also the publication of the &coma& which they heel prepared in sapport of their cam A beautiful window of stained glees has been pieced hi the dowel of Hawsted Cltsroh, to the memory of the late Blr Theses Cullum, Bart. The scrim gager el Alderman Ferebeothre's moat iedispositlos lave salmided, sad his medical attn. aid stales that be has "eves( lopes of his ultimate re covery." Mr. Woo Wit, civil engineer, who wu employed by the goversusent is the emetics of the hip convict prison at Bt. Mary's, Chatham, bee received a permanent appoint ment et Clibeattez, when be will enorlatend the erection of a convict prime of a siallmr &Keit:don to be built et that station. Yesterday Ike Arctic ship Resolute, at Chatham, MARSEILLES, lax. 13. Letters from Constantinople of the 6th state that the English squadron has been warned to prepare for its departure, but that, nevertheless, it will re main in the Black Sea until the Principalities shall be evacuated by the Austrians. Accordingly, Lord Lyons has sent to Malta for more provisions. The English fleet in the Persian Gulf is hastening its operations, in order that they may be terminated within the next three months, and before the great heats commence. The English excite the governors of provinces to aspirate from Persia. The Shah is making a variety of defensive preparations, not withstanding the low state of his finances and the fear of revolt. A Persian army has taken possession of all the towns on the road to Candahar. The Russian flotilla of the Caspian Sea ham already landed troops on the Persel islands, invoking the ancient treaties of alliance between Russia and 1 Persia. The Russian Ambassador, Anikoff has left Teheran for St. Petersburg, in order, as it is most seriously stated, to ask fir aid for Persia at St. Petersburg. EXPRESS FROM PARIS. PARIS, TUMIDLY EVIWINO. woo visited by a potty of olliconbelooging to tho Royal Ea: gismos, who bd resolved a order to hived her. Tlw ma cossisslawd saws of that corps have also boss granted perodsoka to visit her. CETSTAL PALACE. ONE SHILL/NO DAT. TURN/AT JAR. 13.—Adattostoss on mutat, 4,749; sine, by isesoe ' ticketa, 1,019 ; told, 4377. Some idea of the ecclesisstical mann brought to bear upon the AbbE Cognat to force him to with draw his pamphlet, may be formed from the follow ing letter, which was read in court by M. Dufanre : The Archbishopric of Paris, Jan. 12, 1&57. Mongleur 2Abbf,—The painful circumstances in which we And oweelves, snd ream= of a high order (renews iniiinerso), impose upon us the ditty of calling upon you im peratively, as your sockaimitioal superiors, to secede to the following compromise (here follows a copy of the shove do aliment), which will put an end to the suit between you and the Univers. We think we are thus taking a step which will be uaeful to the church, and one which will re joice the hearts of the faithful. Accept, M. rAbbf, the as surance of my devoted sentiments in the name of my col league'. (Signed) BOQUIT, Vitar-Gsairal Capitalar. r DAILY aws, Lour= amain Aso &Wilted to giro, the maul aqAt not to .4 Was The military it u ti ta " 0144 Powers 'spruce, gralr= i trerja' am ... ess rtapa the direct isstructiono of the army, . 1 4 Austris; Promos, ami, famst feter lop:newt trims with the climes osprairod dokrosimatios.* .4eutootb intim ' cm Msforn4 alto se: ml rs "ZS tee = 4. li o=Maln elb. Even Ong, du, that Mr. 11110 1 11031 elidialittete - attempt to morganim the Btalt of the Britiah way e s . ~,we e. roan PIM rise the terms of the ociaproshift it :night bets the —which Weed :equine the Mks eireful cansiiiers- '' Mal IL 1 , al Mati.Tift u r. " : l 4%. , highest degree questionabls, whether, alder the cir- tica—without the feßest inftemanico as to the bill . i , MeV • mart muteness, he could, by so doing, have bound Mrs. plans pursued by other countries wood be simply , . .. .run, mrsomovn ammerumum liwYwrzn. But, in mint of fact, did he authorise puerile. It may indeed tarn cut that the public, - T.... 2 c o r- =. 5. 2 r 4 -- , such terms? Mr. Jostles Clowns (tilting the sam e l have gr a zslydpreciated the wits of the British - - I .t 7. • view of the *videos* as we bemody suggested ) is . EitsE that the ' , JOU at present pursued II ••ii " 16 1i="r im aile obi"' ;" " opinion that he did sat—that , though be may have by this country is not so absurd as it seems. * it . 'WNW.. ....teor t b.f= 'motioned a negotiation for a unpremiee, he did It may turn out, on the other hand—and this F• e s . w ig es is ir.ems r rrira. "it mmt. rid not sousetion the terms actually proposed—that he we shrewdl 7 suspect to be the ease—that our alar /w Nam a.m.. .mataamlaaml Kat lam army mammy. ahanlel 1m military , eats... as Ns sanamtinr. is at variarma KWAM...M a lstliNgliro4 Irdr=rall-Aad IL L& ML 111/1/1 LT CIT:N. Tee Nmineokm Erni:VON MA Ddr—ADl Rs CONRAD AN IIDONA; ay. (Weir alto Do loam .1 Om. Noma DOR J. sod ; •Yai. Rolm Notomi= &rya TIE • . the PlM=lns. lIAII. .1 SW 2: • ...dat. a lll . 4 : d i li• War; guars Aim RAZ DAJLD. ZlTVit h l r /8.0001, RICIIIDT•11101t I .4=7. 7 4l;p a SaikmaJws arnrAa% RION WATER AT LONDON BRIDGE. Tu DAT—llkor Altanoss, ft OIL Temserrv—Suisiag, *Ana" LONDON, .74NU.dRY 14. Tin judgment pronsanced by Mr. lutioe Caow ans, in the Court of Common Pleas, on Monday but, in the ease of " Bwvirrns e. SWINFEC," and the consequent discharge of the rule for an attach ment ageing the plaintiff in the Imo, will, no doubt, waste very general satisfaction. To ourselves it is, of cower, Muir d mires:elation to And our vim upon the subject supported by so weighty an authority, while to the public and the legal profession it is of the utmost importance to have a Judicial opinion pronounced on the limits of the die aetion poseered by counsel in the companies of eme which they as retained to conduct or to cisilead. We have so recently and m fully commented on the ens In its earlier siagesthat are need do nem nay than recall to the reader's recollection ite login bats. Th e vane of the preparty in dispute was . . rationalist 'boat 040001. Tie ;awn, which win in the shaps odau raw rat st Chameary to try the vali- Myst the will atilre. ilemosala kte husband, came a lar trial at Stafford on Saturday, the 13th of Mireh last. Mrs. Swum", who claimed under the wall, was plaintiff and the heir-at-law was defendant. . _ The leading ocausselwere, for the plaintiff, Sir FRED'. Ric Tantrum; for the &Indent, Sir A. COCKBURN, then Attorney-General, now Chief Justice of the Common Pleas. On the Saturday evening, at the clam of the first day's trial, Sir FRIDZILIC THF.SIGIR sent for Mrs. Bwrtvvaie, and oar gested that she should compromise the cause, ea the terms of getting the costs paid and 1,0001. a year Orr her life. She declined this offer, as she had previously declined a more advantageous one. It was pressed open her. She finally left Sir Faxnzaic, with the umbestanding that she would send a definitive answer before the cause was remised as the Monday morning. On the Sunday evening Sir FREDERIC received a tele graphic message to the effect that the offer was 1.11. hied ; and, as be himself admits, he then considered that there was no alternative bat to go on with the cause. On the Monday morning, however, before gelag into court, Mr. thersoe, the plaintiff's atter insy, communicated some information which made it additionally desirable, in the judgment of Sir FRIDIRIC, that the cue should not proceed ; and he thereupon at once went, with Mr. Sienoe's know ledge, and wo may take it with Mr. 8111/10/I's IMISIa, to Sir ALEIANDSII COCKBURN to Sagged • eampsoniise. This was just before the sitting of the smart. When the parties assembled in court, the terms of the compromise were arranged between the two leading counsel, in Mr. SIMPSON'S presence, but, as it appears, against his expressed wish. The lady was to have 1,0001. a year for life, and a fixed nu was to be paid down for oasts. Sousely was the arrangement concluded when Mrs. Symms arrived. She had come to hear her cause tried oat; was execnively indignant when she heard of the compromise; and from that time to the present has never, in the judgment of the Court, done any set, or employed any expression, to show a subsequent rad- Ikeda& of what she originally so strongly disap proved. On her Anal refusal to emery est the terms of the arrangement, a writ of attachment (in other words, of imprisonment for ointempt et court) was moved for, and it is this writ which, ea Monday lest, in accordance with Mr. Justice Caownea'sj against, win refused. The judgment proceeds on three grounds: let. That Mn. flirter/2c never gave, either by her self or by her attorney, any special authority to Air Funrite Tnr.storn to mats the arrangement le did. 2. That nothing in her subsequent pro seeding; amounted to a rati&ation of what bad original, been dose without her cossent. 1. That Sir Femme Tnutnea, apart from any ripens, authority, or subsequent ratification, bad no renal authority, arising front the am n relation at namel and client, to compromise a man spirit the chant's wish, or without the client's newt. Of these grounds. the third involves an important Sol question, the two kaiser proceed on the particular circumstances Cl the case. As to any epeeist authority, it is abundantly clear thee now was seer given by Mrs. SWTIREN hermit. With regard to say such authority supposed to be given by bee attorney, there is surely great weight in the opinion exposed by Mr. Instil.* Caownint, that "after moue' Asa had a promo: internist, with hie client for the express porpoo• of (Maiming authority to a cemproinwe we • Firm &Geis, which the sliest 14,09 Y. =mat "skimmed Dollpirooki sad V '`• Agetwol place " in the French church 'srmed and filmed." M. Bonat-Boullon, French Consul in Cbina,,. at Marseilles yesterday. A circular has j vet been issued reminding the members of the Corps Legislatif that Feb. 14 is the day fixed for the opening of the session. The Emperor and Empress honoured the Grand Opera with their presence last evening, to witness the first representation of Verdi's opera of the Tro vatore. After the second act, one of the Emperor's chamberlains went to Madame Borghi.Mamo's box, to compliment her in the name of his Majesty, and at the same time to present her with a magnificent bracelet on the part of the Empress. Thus the •• h far the Prime SPAIN. The Madrid journals of the Bth have arrived. It appears from them that the government had taken serious offence against General Prim (Count de Rem), for having, in a letter to a friend at Barcelona, made "grave accusations" against the authorities of that city, and it had accordingly ordered him to proceed to Toledo, and to remain there until the Supreme Tribunal of War and Merino should decide on the case. According to the Iberia, however, the general had received orders to go not to Toledo but to Cadiz, and he was to be " transported" from that port to the Canaries. In the letter which has given offence, and which was published in the Iberia, General Print refers to recent arrests of certain of his friends at Barcelona, observing, " Wherefore this step, since after four-and-twenty hours they restored you all to liberty! Did they wish to show their strength by maltreating the flower and the elite of the landed proprietors ? The measure was not only capri cious, insolent, and brutal, but it was stupid also, since it has resulted first in the union of the liberals, and secondly in provoking general indignation." Cleueral Blamer, the only ex-minister of 1864 who had remained in exile, was about to return to Madrid. In addition to Valencia, a state of siege exists in Granada, Catalonia, and part of Aragon. PRUSSIA. BERLIN, Jul. 12. The Grand Duke Constantine arrived at Ham burg to-day. He will bo in Paris within a week. Colonel Manteuffel has returned. The house-tax, and the duties on salt, have been augmented. There is a talk of a duty being placed on shares of com panies en eonintandife. THE PENINSULAR MAILS. r, WZDNZSDAT. The Peninsular and Oriental Company's steam ing:hat Madrid, Captain 0. Bradshaw Admiralty Aga*, L ieut. T. Tidal, R.N., arrived with the Peninsular eszlia Roe dates are : Gibraltar, Jan. 5 ; Cadiz, 6; Lisboa, ; Oporto, no communication from fop ; Vigo, 10. The Madrid brings wren Ant-clam sad ten sewed clam passengers, amongst whom ere :—Captain Oilard, from Gibraltar; Mr. Gimlet; from Vigo; Mr. Fairweather, Mr. Doublet, Arad Miss hair., from Lisbon ; Invalid', from the British squadron; and &strewed British seamen, from Moe est ports. Her carp ballades specie, 3Z low, raise 30,017!. Oa Docanbar 25, near iiihndtar, the British merchant brig Ringdovo, A® Sunderland far Carthagena (Spain), laden with oohs, Ina totally loot during a heavy gale. Oat of a mew of 100d01111 pare= ulna hires were lost. Ship& men or spoke with dating the voyage.—At Gibraltar, cm January 5 (noes), Peninsular end Oriental Company's .twiner Ripen MR with India mails for South ampton. On January 9, off Lisboa, signalled British sawn Gibraltar, standing south. Movements of — Her Majesty's Ship.—The Curlew and Rapala left Gibraltar o January 6, the latter wined ou January 4, having put into port Mahon, disabled from heavy gala, whilst in search of the Penineular and Oriental Company's steamer Candia; the Curlew bad returned pre viously from a similar ender. January 9 : left •t Lisbon, her Majesty's ships Duke of Wellington, Caw, Exmouth, GANSU, end Sszipareil. SOUTH AMERICAN MAILS. By the Royal Brazilian mail packet Tyne, Ca ptain _ Vella., Admiralty agent, Lieutenant E. P. Fuge, R.N., we have received advises from Buenos Ayres to the 2nd Dec.; Monte Video, 6th ; Rio de Janeiro, 16th; Bahia, 20th; Pernambuco, 23rd; St. Vincent, Slat; Tenerife, 6th January ; Madeira, Bth ; and Lisbon, 9th. The Tvne brings 63 passengers, among whom are Commander Otway, of H.M.'s ship Siren,who comes home to try the first lieutenant of the same vessel on the charge of drunkenness. The prisoner, Lieutenant Barkly, and the witness left Rio in the Tyne, store-ship, on the 27th December, accom panied by the Star, brig, the latter vessel in a very leaky state. The freight on board consists of diamonds of the value of 32,548/., and specie to the amount of 1,142/. BRAZILS. The elections in the Brazils had passed off very quietly, and generally in favour of the government. The yellow fever had broken out at Pernambuco amongst the shipping, which had suffered much. The French brig of war Beaumanoir had lost several of her crew, and had sent 80 more to the hospital, with fever. Onr own correspondent writes: RIO, Disc. 15. We had hoped when Mr. Jerninghara took his departure that Lord Palmerston had appointed a fitting person to succeed him in the really important post of her Majesty's minister at this court, but we I were altogether deceived. Sir James Scarlett has committed a most unpardonable blunder on the oc casion of his being presented to the Emperor to de liver his credentials, by handing in a petition, or something of the sort (reetenarao, the Brazilian papers call it), with the other documents. The Em peror immediately gave it to his Minister of Foreign Affairs, who was present, and through whose hands, of coarse, it ought to have reached his Majesty. The affair has caused some amusement here, and I en close some humourous lines which have appeared in the Correio Mereantel on the occasion. The elections have passed off peacefully, and the result is supposed to be favourable to the present government. The commercial transactions of the pest month have been to an average extent. Money has been very tight, and still continues so, discounts ruling as high as 104 to 11 per cent. Exchange has been very active, and has risen, very large amounts having been passed at 28d. to 28Id Some few transactions were effected at 281 d. To-da, the market is Batter, and the quotation is 28d. In coffee a very large business has been done. We estimate the transactions from the Ist inclusive to present date at 180,000 bags, of which 95,000 bags for United States, 58,000 for Channel, and the re mainder for the Mediterranean. Prices have gradu ally declined, 4.200 to 4.300 having been the prices paid for the larger purchases. The total inlet since last packet we estimate at nearly 300,000 bags. The article is now dull, and a further decline appears probable. The share market has been very active, Brasil Bank shares having taken the lead, at a premium of 110,000 A letter from Madrid of the 7tlt ear Lest evening the Queen was present at the reporgetho et Dm litaitsak at the Theatre Royal. as had as bar right the Dowager Dasher Chiba, ami i Not the itog, ohs q. peered ahem* eathyril. The ommegmaset vied to watt the arrival of the royal party him Ming tie seatit, tot the public had me the peliathm What the Qom aimed, every oae, with the szearthee at a bide Met of prams, m amba seated. The piece erne appismilsi with much en thusiasm, is "toe of the rules whisk yield* each maitre whoa Is her thaYsety's pmemea" THE GREAT BULLION- ROBBERY. ::ENTRAL CRIMINAL COURT.-TIIIS DAY. The learned iodine, Mr. Baron Karlin and Mr. juke Wilke, took their sesta o the bench at ten o'clock, Ma % I Focesdinis in this extraordinary saw were then resumed. The woe crentael appeared for the proseention and the defence. The following additional evidence was adduced: M. Surat* one of the ear rebore of a "mewl& and M Paris to whom a portion of cis stela hake a coulped i was the fret witness celled to pewee the mulleins of the kw when it arrived at Park, and he dated that it contained nothing but shot end shavings. Mr. Thomas Sherman said I keep the Torrington Arta, ao Mereweeth to Kent, but in October, 1854, I was itallftu clerk at Folkestone, to the service of the Souh.lisdols Company. I remember seeing Agar at Folkestone gut that time. It was about the period when Ledge, w e , ~,,,,,, tied. The prisoner Tester was in company with Aga. e New them on the pier wed also at the Pavilion Heal. I went there upon the invitation of Toter, whom I had known before. A friend of mine, named Oreenstead, accompanied me, and when we osnee away we left Tester and Agar behind, lend I beard Teeter order dinner for two. A person named Resell subsequently gave me some information about Apr. Cress-examined: I recollect Tester being married in 1865. I cannot say whether it took place before or after the rob bery. The clerks, at this time used to have purees to tread upon tbe line occasionally. I had a communication that Agar was a auspicious character, but t I drank wine with him afterward , . It wa• at Tester's reueet that b e en No I told Recoil afterwards that I thought he had zanies fumed about Age. Mr. O. D. Rua, inspector of pollee to the South-Eaten Railway at Folkestone harbour, said : I know all the thaw prisoners. I saw Pierce at Folkestone in May, 1854, in pony with Agar. They were on the peer, a pp arently the steam-boat in connexion with the tidal train which Jest arrived. They remained, I believe, until the beet hal sailed, end they then left the pier and walked towards the town. I had a reason for particularly noticing Pierce. I del not follow the prisoner into the town. I cannot say wlethw there was • bullion ship on that day, I have seen Pierce 64 Agar together ten or twelve times ee Folkestone besides this one occasion. I gave information to Mr. Stee r ei s repaktmdmt of the Folkestone and pointed wit IPlerass and Agar to the mutable*. I saw Pierce and Ageo again at Folkestone to October, 1854, and I observed Apr now sewwmtly watching Mr. Sherman to the railway o dy,, Oa the lollowing day I aaw Agar on the pier tallied to Tester, and at the same time a steem-boat was thereto start. They walked away together In the direction of the Pavilion Hotel. I think that et thin time Mr. Ledger our absent. On the same day that I saw Agar and Teeter tops the, the latterwent up to London by the night train. Cray-examined: I did not know Agar at this time. Piot* was the man I knew and whom l felt it my day to milk Teats, bore • good character in bin situation, and left it villa that ammeter. He went &brood and obtained another Mow lion, and arse huh to this country, and eurrendend to annver the pont image. By Fierjuest liarefr : Pierre was formerly in the sees vice of the eraci b le i. ticket printer. He was genweily By Mr. OlSed: Buwenebed been for ten or twelve yews In the melee of the comps y at the time he MN appro. heeded. IMI not at fret NU ell I knew, became I was told Webs poles Met ft WOW evitnite the ends of jostles if I did as. Certain Barlow, she =mow of the eezervinyr PTO Mr. I. fftee7suparisdelidtht al paw at Folkestone, mid: In May, 1854, I remether rewlegrues at Folkestone, and I mho saw ham in with Mime (Agar). In moos. INNANIM Mt been said to me. I noted =mad emir thesabutaisift together on the harbour; sad when thug absurd as. they generally winked away, sod Agar le partlethar it so. I taw Agar again in Fekerkes ia Osesier ar Nweeeder. He was in company with a tell mars. wham I did not know, near the Pavilion Hotel. I athenerade saw Agar in company with Burgess, and I made ale inky In a book to that effect. Mere Wintratight porter at the terminus at Dover oft the night of the , proved that he was present when the mail troth on the night of the 16th of May. Bargee amalgams/ft ewe the guards of the train. An express Ws shots/ it Leeks at half-past two o'clock on the wanks sal only two tickets were tuned by that tr ib r i lie raw then two persons come to the station, but ha meld not rseephs them. They each carried a ear pet and Burger was in the Once as they w - 4 . pearl awl bad se eppeetamity of seeing them. Witham beard a ash then to allow him to put their bags iota the ramfysv bat they Weed to do so. FLl pla a porter in the service of the compee thee In AO eight of the robbery, he saw two m en in carrying Inge that appeared to be very heavy tam through the deka eit Dover. Ho made some enquiries a them to = l o r d delete, and one of them gave him some money. Ithe blue Ostend return tickets. The Ooked beet did not save the train on this night. Mr. W. Clerk, the landlord of the Rose Inn, at Dover, said : In the early part of 1855, two men came to my house, Met I cannot swear positively to the pennon of either of them. They both slept at my house and went away in the morning, and I directed them the read to Folkestone by the cliff side. Robert Clark, waiter at the Dover Castle Hotel, Dover, said : I smoother in the early pert of May, 1865, two men were at the hotel. They went away by the uprose train, and before they left they sent me out for some brandy and dram. They left about half-past one in the moaning and took their carpet bags with them. Matthew Dickinson, a police-constable, stationed at the London-Midge terminus, stated that be was on duty as porter on the morning of the robbery, and he observed that there were not more than four pre ngera by the train. Two men alighted from one carriage, and ho observed that the man who that got out had a carpet-bag in hie band, and wee • large cape. The two men walked away together down the platform, and ho did not Me What beeme of them. Ha (vitamin.) inquired if they wanted a cab, and they declined having one. He could not speak to the persons of either at the men, but one was taller then the other. There were two policemen at the gate, and their attention would be called to every that left the station, as they would have to book its of destination. a • Woodhonee. another porter, who was on they at Louden-bridge on the morning after the robbery, gave evidence of a similar ehesseter. He was nubble to identify either Pierce or Agar; but he proved that no luggage cams by the train on that morning. depheis Jones. a guard in the servi..e of the company, said that in April, 1866, he was guard of the 7.30 train from Dover, and continued so till May. The 7.30 Lein was due at Rad iant at 9.56. The 8.30 train from London was due there at 9.4. Upon one occasion he remembered seeing Teeter ai Redhill. It wag before he heard of the gold robbmy. Ha bad a black loather bag in his band about twelve or lafteee lathes long He saw him aftermath in the train, in a first due carriage. The witness then stated that ho had seen Pierce and Agar together on the pier at Folkestone fur or eve times as sed bs had also aeen them in company with W as st Orem Man in Tuley-street, This was in Creiresueined by Sat Hallantine Witness wu net aware that Tester Ina • friend of the station-master at RU- M. He did not know that he said a word about seeing Tests with a black hag on the night of the until bed seed Agar's evidence. He would swear that boa Saw Teeter with the black bag in the moat of y. As tawdry took pies n bating to the robbery very goon after ft occurred. bathe did not at that time nay anything about seeing Teeter with the black beg. He was not asked the question, and, therefore, be did not ay anything upon the subject. He believed that Teeter was what is railed • relieving station• masteeand he would take the piece of any station-roaster who was Aunt. It was not at all an unusual eireameanee for • relieving station-master to carry a carpet-bag with him and there was nothing at all in the conduct of 'Tester on this oc casion that excited observation. Re-examined: He did not remember to have ever sate Teeter at Redhill before this occasion with a black bag. Ho was only quatiesed about Pierce, and nothing watt said about Teeter. 14. Rome% booking-clerk at the Greenwich Motion at London-bridge, said that one night in May, before h• heard of the robbery, Tester come to the office and asked If he was going home by the 10.20 train. At this du*. the Dover train that started at 7.30. should have arrived at the London-bridge station. Tester lived at Lewisham, and be told him he had been to Medlin), and he •s p eare d rabic. excited. He had a bark tag with him, and he plated it behind whams, near the fireplace, and went away. The bag IP to be nearly new, and was abont fifteen or *bra i i ncL ar long. He had never seen him with such a bag bermes Witness and Toter went down together to Greenwich tit the same carriage, and proceeded toothsome to Lewisham. By Serjeant Ballantine : Toter was orsibil a shore nos before this occurred. He could not say whaler Tester took the beg with him down to Lewisham. He was sure that it aceneral before he knew of the rubbery. Tan war no SKIP • sky be later to are to him at all ea this deg. John Perry, the night writeltinsa at es Greenwich terminate, said that one night in May Wine he bard of the robbery he new Tarter in the booking-aloe, oad hard Ms tell Mr. Dan& that he bad jto.t care frap..iona. Ha =afterward' eaw • bar bag is Dr seek, sal Sal hit that It was wry heavy and. harm awl he aid Mr. Harsh who it braw hard to, and ail It bared t• Mr. Tear. The bag Was though a star war fa fR Careuradaed .• Did art ry • wad about the black WOO all he and Agars alines, and this tudarbal bit ear/Shat bad mourral am the aka in ' tithe Arm pf Chubb tad Co. =kb* team that they made the and the lochs kt then bass ears aced %ton the fiuuthaeaMs HaDep. Zack Ant bed twallSonnitiora, and deflates bre wde srlam theta. In WA he tartad • east laiekre baudweitap aderatne bat that the bulbs Ober and Wm regained p lonaetu ad be eabeequently reived Oil kV* that be altered, and the alanelem weratil =it.totals bib and the lora There ern MN nod the wale el the leeks lielagad kt NMI ' Win shred between Js ad then He anandrod 4111 brake bar aka the , and all roartal AO se taro ate of t irks to sad d = 2 l7illome bar and. Mr. W. Haight, an out-door onperintruient aloof/Id t the railway, proved that Tester was ark ht the rum intendent's dike at Load iggb, it was the duty of abOate the swim of the gar by which ft appeared that 1 teepee and Kennedy were b tads during the month of Mi served to Teeter that this mu that them guards were kept sad Tester replied that it did Wore. He also proved thi "Chubbrt tor thesate auperaitenden of obtaining pow rpesd l tias: 11 mud to be Ballan attached to one pa bat it had happened before Ou months, butt was out of the he saw Mr. Tester himself an Onus with this train for anotb By Mr. . Upon one peed of the Mae train fur the li f i tr di = , clerk to Mn said that on lidd, be prebend 210 Amen SW. 10a He coald not moot colas. He paid for them in P rata who bought them. He obtatised mese sad had them Lad be gold. The man wbo billed ban travail*, and In Mr. U. Bromak a prated that on the lath .. .lT eagdas for 2034 de. 3d., and el upon the Union Bank, in Pal took place with a man, but person. Mr. A. White, a clerk at th changed the cheque epoken moven:dos. Mary Anne Porter deposed In Harleyford-road, Kenningt October, 1854, Agar lodged at Adams, sad a woman lived Adams. Pierce visited Agar name of Peckham. Agar rep a week before Christmas, but s removed to. . John limner, a hair-dreasi Lid known Pierce tar or five applying to him for a dark with it, stage of the ease th pose of taking refreshment.) On the Court reaming. Fanny Kay was called Shoe. She said I was pm ' refreshment-room at Tiints Vorgess to Agar. I 1 tmtd December 1854, .at Cambridge-;ilhus. In the company of g the Green Man, Tooley-stree child by Apr. It went to be • I want to pea the child a jest after the death of Mr the 18th of May. On th night before, Agar was returned on the following brought tags which they ps frequently came after that. C acre together on the fin and mw they bad the fire. Previoue to that fin the washhonee, where the While they were upstairs I rearing of a furnace. They es and were very dirty and he were doing, and they mai They frequently spoke of Into the room after they left, been taken out, replaced, an burnt. Apr and Pierce men Pierce with mom I now, but it was hie ow arreeted he left me. I e and lived in lodgings, win He was to have allowed me a j do m. I then went to live was a trunk of Agar's, e. I raw his watch these, but no Pierce's possession before I we sovereigns. Pierce told m to tend him a einem* 'He asked me once to le was in 1&54. Before tho g sell his old clothe,, to Pierre. bands since the robbery hope I fell into dietree cation to him, in cope, a statement to Mr. Weathered also made a statement to M Preppy. Croas-exemined by fierjeent I was diemissed from the Turd thingdialioneat. I havenot lived I knew Teem and Hart, but I Hart gave me one or two at gave me M. once. I don't kne certainly not for impapriety wi under-guard, but Ihad no imp live in Johnson-etreet, Somers where Hart called to see me, ha then became acquainted with A Apr left me aeveral time*, bra !white. I wee not in the Phi man named Mode,, who fre or two. I was out two night I wee not brought home with him, not on account of be of a letter I received from Ag borne to dhepherd'e-bush ported by the company went. I knew Pierce as but I never saw him with me betting. I might have had think it Pa so much. I will Pierce has complained of my friendly way. (leugter),.... Crain-eLsmine:cri7y by !turves, at the Green Man I saw Btl/fpl. and Apr togetl hie conviction that Agar had Campbell. Re-examined by .9erjeant proposals to me after I left Tv mei to him. It was during tl death, that he gave me money. money for an improper pupas me, and Pierce said he was money. I never heard of 3,1 child. --- Mr. Baron Martin : I moat Agar said he gave Mr.Wantrs and her child. _ Witness continued : In the' directed, amongst other thin; silver cup for the child, Pierce Ist me have the money. I net By Mr. Baron Martin invested for you and you Witusaa : No. Mr. &vitasl.Parry It is umi lrLdki No, it is mi Mr. &deal • Parry Mr. before the magietrate, and he were to be ooneiderral a winter Baron Martin : I have no w If the money is invested for bi deal the Crown has no claim Mr. Worthier: I think site to have an opportunity of cup Baron Martin: I think you Mr. Wontner: Agar, who: 3,0001. Invested for • consi per Cents., and, at his n mg 2,7001. A number of of the money realised, w Agar sent me a written order, money over to Pierre. as reqw Turkish Bonds. The box the prosecution and arc Men. I have taken 0 the notes paid to Pierce and 0 elm/led the Turkish bonds, at am prepared to produce the d trans:teflon. _ At the request of Serjoant and said that Pismo communi from Teeter that one of th Folkestone boat was lost. H, key was lost. The prosecution then pro boration of the above evidenci [The trial was proceeding a A letter from Ilelymt states that the Turkish go twenty-four 21, 36, and 481 x mega places boeght of Engler Vents, has receive lithmi, and aa many Lai &Wed. hoe beta completely seine, BOARD OF TRADE, Hight Hon. the Lerde of taw for Trade and Plantations b tuttmee royal decree, opening of Angola, to foetid roz, g um..e royal decree, Si the Importation into Portz. hit bed in the Municipal Co it lba weight. —Gazette. BOARD OF TRADE, W Might Hos. the Lorda of th far Trade end Plantanices hn bey et stir der Iraielpi berll4l.l" paideatio in t= eirdmilho a.....„ et rice tram Cb fin her Majesty ...... forwarding samples Lot of which, together with each article, is =taxed ; sal the lammed= at palm question Nut be at the Board 1111.=.1; aearetarr:Glifftif. M