The Express. — London, England, 1866-01-25 00:00:00

THE EXPRESS, THURSDAY EVENING, JANUARY 26, 1866. LIFEBOAT SERVICES.—During the storms of judges had held that this question was -KA telt year the National Lifeboat institution, by its We n, subject to review—that a court of error portterm different wrecks on ther means, m o n ur tri oces bn ted ts. to 'g e e Ti l itlltZolrat e r el- might determine whether the judge had exercised vended £21,374 in the lame period on its lifeboat establishments. Inaddition to granting f. 4.950 for rewards for saving We aa, his discretion properly. In this the Court of exerc e isi committeeng the lifeboa th o ts. Institution earnestly APPEAL to the Queen's Bench refused to follow the opinion of Thf e public for AS4ISTANCE, to enable them to meet the continued their Irish brethren. They hold that the question Mary demands on the Institution's 124 Lifeboat BtationS. Contributions are received by the London and Country as to whether the jury ought to be discharged is Bankers and by the secretary . 1/chard Lewis , 119., at the In - a question which the judge saltation, 14, John street, Adelpna, L2ndon. who presides at the trial is alone competent to decide. It is of course quite possible that a judge, through corrupt motives, might discharge a jury before it became necessary to do so. But the judge is responsible, not only to the public, but to Parliament, and therefore the danger of pursuing such a course is too remote to excite anxiety. Nor can it be doubted that convenience pleads in favour of the judge being permitted to exercise the discretion in question. Few men are so incompetent as to be unfit to be entrusted with the duty of determining whether twelve men are likely to come to an agreement ; nor is it desirable to multiply chances of acquittal by subjecting each step in a trial to be reviewed by a court of appeal. Such a case as that of CHARLOTTE WINSOR places in the strongest light the exacting spirit of mercy which pervades English criminal law. We do not regret that the unhappy woman should have been permitted to exercise her privilege of having the point of law suggested by her counsel fully and ingeniously discussed. But we may congratulate ourselves that in this instance at least there is no painful contrast between law and common sense. It is not the law of England that a professional murderer should be allowed to escape soot free the penalty of her crimes because the first twelve men empanelled to try her could not be got to agree in the guilt of her accomplice. JOHN BROGDEN'S GOLD CHAINS by troy weight, at realisable value, and the workmanship at wholesale manufacturers' prices. The e V e i dk the &alas gus- Mre ahood, sad -purchased at the price " HMV & ihe note, How much your chain weighs to the utmost carat The fineness of the gold, and charge for fashion. SHAZZYWAIL Manufactory, N 0.16, Henrietta-street, Covent-garden, W.C., 100(1011. AMP made of chains and Jewelry for ls. each. N.H. This establishment is closed ate in the evening. and on Saturdays at 1 o clock. MESSRS. WATHERSTON and SON, Goldsmiths and Jewellers, Haire Rudy for Inspection a Great Variety of JEWELLERY, of the Latest Designs, suitable for WEDDING PRESENTS and NEW-YEAR'S GIFTS. 12. Pall-man East, S.W. LONDON must have a SUPPER and MUSIC ROOM for Gentlemen. —Remember, we welt for you at .IVANR" after the Covent-garden Pantomime, and the Maim NOTICE. —New Proprietor.—The WELSH HARP, Easex-street, Bourerientreet, Pieetatreet. Joints rods from 12 Lill 4 ; on Sundays at E.—Regenstein. Proprietor. Eke ourrprefStS. HAYMARILIT. TIM Beare% BROTH/13 BAK. Messrs. Sothern, Back =end Compton ; Mimes Nally Moore. Snowdon, &a. — BUS IN THIS HAVLAIIKIT. Messrs ranee & D. usher: Wane Keeley, Howard I Wright.—MY HUSBAND'S GHOST. PRINCESS'S. MS IMMO, QUIET LODGINGS.—After which IT IS MEYER TOO LOTS TO MEND. Messrs. Vining, G. Melville, Z. Mod, D. Murray, b. CsMaim, F. Villiers, J. G. Shore, G. Mar ta, sad R. Cathcart: Mow L Moore and K. Rodgers. OUR CONTEMPORARIES. LYCIUK. (THIS DAY.) isrisnio, THE 11119TBBII8 EITRANGEL Mr. H. Wkidicomb.—THE MAST= OF EAVIINBWOOD. Mama fachter. Jordan. Voila. Emery, Widdicamb, Fitzpatrick, balm ; lisedama Terms, Itlaworthy, fauna, C. Leclarcq. THE covurroury AND TEN REFORM BILL. Recapitulating the various arguments for reform which Mr. Gibson advanced in his speech on Tuesday, and observing how much the right hon. gentleman's view of the subject harmonises with that of Mr. Bright, the Times proceeds to notice also Lord Honghtoe'm advice to reformers to be practical in their demands. So far as regards a deprecation of all such controversies as lodging franchise, savings bank franchise, or assessed taxes franchise, the Times is inclined to agree with his lordship that they are not practical, but it begs to doubt entirely the practicableness, not to say more, of dealing with the franchise ourselves, and leaving the seats to those that come after. We have intelligent, sensitive, and interested antagonists to deal with, and not new ma terial and the elements of nature, and these are not likely to assent to the ordinary contractors' plan of doing that first which will most facilitate what comes after—a plan by which their sufferings would be protracted by repeated ope rations of increasing severity ; they will, on the contrary, BRITANNIA. Ms Emma% OLD DADDY LONGLY,OB AND SIR. REGENT CIRCUS; OR, THE OOLDRN APPLE). —IL and Madame • Oteetnantech.—StAnor BeranL—Olmar.—Shower of Golden Rain. —Johnny Day.—And JESSIE, TILE MORMON'S DAUGIITUR. HIGH WATER AT LONDON-BRIMS. moo Tut : — loWinTr; 81). 48■. 20410111.0 W -• Morning, Mu ..Alkonoon, 100. LONDON, THURSDAY. JANUARY 25. THERE are few criminals over whom the sword of justice has so long been held suspended as over Cusßurrre Wissolt. It is now nearly a year since she was first indicted for one of the most cold-blooded murders on record. On the first occasion she escaped because the jury were un willing to convict the mother of the unfortunate infant, who was indicted along with her, and they were therefore discharged. On the second occa sion she was convicted by means of the evidence of the mother, and would certainly have been oppose the bill which is only the preliminary of their do striation. A hundred constituencies, more or less, will be invited to assist in creating a new perils meet quite safe to make an example of them, for in the new house the newly popularised constituencies will have every interest in the extinction of the small bo roughs. The very first question that would be put to the ministerial leader would be, " Does this pretend to be a per fect measure' Is it reform ?' The only honest answer would be that it is not a perfect measure, or a safe and satisfactory reform. Supposing an adverse resolution pat to the house, declaring the measure imperfect, partial, in sufficient, and not explicit, the Times hardly sees how the house could reject the truism. If they are to be invited to begin the work of reform, many will insist on being allowed to make a clean end, and not leave themselves under the eternal opprobrium of having begun a tower and not having been able to finish it. The Post enlarges upon the unpopularity and general weakness of the Premier—the slightness of the tie which binds him to his official supporters—end his want of tact —declaring him to be better as a journeyman than fore man—and pronouncing, from the peculiar composition of the liberal party, his prospects to be without much pro mise. As to the Reform Bill, if Mr. Bright's account of it be correct, is it likely thet thoughtful men will commit themselves to a measure which is but the beginning of a series, the last term of which it is impossible to calculate' The Post asks these questions—it will not pretend to answer Viem. executed had it not been for the perse verance of her counsel, wno flattered himself that he had discovered a point of law which had escaped the lynx-eyed acuteness of the rest of his brethren. The mode in which this novel point was raised was, of course, by bringing a writ of error. The judges of the Queen's Bench were the I judges of appeal, and the discussion has occupied no less than the larger portion of two days. The arguments were of the most technical character, and yet the benches of the court were crowded with spectators. The speeches of counsel were certainly not emotional, but then the wretched woman was in court ; and there is, we know, to most minds a terrible fascination in watching the final struggle for life on the scaffold, or, it seems, even in a court of justice. The principal questions upon which the judges yesterday delivered their opinion are questions which, in the minds of most lawyers, admitted of no doubt ; indeed it may be said that they had been settled by the practice of years. Relieved from technicality, the principal question was simply this. ClisaLarre Wiersos and another woman, Hisses, had been jointly indicted for the murder of the child of the latter, at Torquay. After deliberating for five hours on a Saturday night, the jury came into court, and unanimously declared that they could come to no agreement ; and at five minutes to 12 o'clock Mr. Baron CHANNELL discharged them. Besides the latenesa of the hour, and the fact that the next day was Sunday, it appeared that the commission day in Cornwall was the Monday following, and that the presence of the judge' in that county on that day was necessary. Having been discharged, CuAitiorrE WINSOR was again tried on the same indictment in the summer fol lowing, and convicted. Now, the question was whether CifAcuirrE WINSOR could be so tried. Had the jury any jurisdiction to try her ? There is a well-known maxim in English law that no person shall be twice vexed for the same cause, or as it is sometimes said, the same person shall not twice be put in peril for the same crime. And it was argued that by putting Car...morns Wissort on her trial a second time she was twice put in peril. But, as Mr. Justice LUSH pointed out, so to interpret the well-known maxim is to misinterpret it. The maxim applies in criminal cases only where a prisoner has been acquitted or convicted—in civil cases, only where judgment of some kind has been delivered. In short, the maxim assumes that the proceedings have been carried to a definite conclusion. But when the jury are discharged froze givirs any verdict the proceedings have, in fact, proved abortive— they have not been concluded at all, and there fore the prisoner cannot be said to have been placed in peril. She has been neither acquitted nor convicted ; indeed, the vey nature of a trial by jury involves the necessity of their being dis charged at some time or other. Although there are some dicta in the old law books that a jury ought not to be discharged until they have given a verdict, it is nowhere alleged that, if they are discharged from giving a verdict, the prisoner must be considered as acquitted or as convicted. It is obvious that there must be some power of discharging a jury, for in this country the verdict mast be unanimous, and, therefore, it might well be that if the judge had no power of discharging them, he might be com pelled to inflict death upon some of the jurymen. If, indeed, the rule which prevails in Scotland had prevailed in this country, there might be some reason for denying the power of the judge to discharge the jury, because it is much more reasonable to expect agreement of opinion in a majority than to expect unanimity. But to enforce agreement by thirst and starvation L repugnant to common sense. Accordingly it has long been held that in case of necessity the judge might discharge a jury, and Mr. Baron CHLISNILL followed the example of his predeces sors. The other question which the judges had to sonaider was, whether the decision of the judge who thinks that the time has come for discharging a jury might be reviewed by any court. It seems that in one case in Ireland a majority of the port must make every one regret that Gordon was not in dicted in regular form and tried by a judge and jury. De positions and hearsay evidence are such untrnstweethy things that seen martial law ought not to be admi nistered in reliance on them. A further delay, too, would have given the prisoner the opportunity of proving his illness on the 11th of October. As it is, the pro ceedings must always leave the impression on many minds that Gordon had suffered unjustly. Had be been tried by a differently oonatituted tribunal, we should have learnt the truth, which now will probably be known. The Times is willing to believe he was not • wilful cause of the events of October—that is, that he did not insti -1 gate the negroes to the definite act of murdering their supposed adversaries. But that he was • reckless dema gogue there can be no doubt, and he fell • victim to the prevalent conviction which seems to have been prominent to both black and white, that to him the outbreak, the subsequent ravages, and the death of so many innocent citizens were dee. The Daily News remarks that if the character of the whole proceedings had not prepared us to expect defiance of every rule of justice, we might well have deemed this account of the evidence upon which a fellow -countryman was condemned and executed to be some insane burlesque of the forms of • court. It might well h►ve been thought that the Attorney-General and an experienced governor like Mr. Eyre would have recognised at least sucl broad general maxims of obvious decency in the administrations of justice as the exclusion of hearsay evidence, and the rule that a deposition by an absent witness cannot be used, unless it was taken in presence of the prisoner against whom it is adduced, so that he might have an opportunity of earomeexamining the deponent. But there is scarcely • tittle of evidence adduced against the late G. W. Gordon at his mock court martial which does not violate one or other of these elementary rules of fair dealing and fair inquiry into the truth. What really was proved against him, and that alone, wee, that he had laboured long and earnestly against wrongs and illegalities imposed upon his poorer fellow citizens, that he had exhorted them to resist legally and to petition loyally, and that he had had political and business relations with some of the men who were afterward' guilty of blood. The Telegraph would attach some importance to the fact that the evidence as supplied in the report of the Jamaica paper was inadequate to justify • condemnation upon I the charges preferred, were there not strong reasons to dis trust the completeness and accuracy of the notes. It ob serves, however, that • great part of the testimony is hearsay or secondary evidence, which would not be listened to far a moment in an English court of justice, and that a similar objection applies to that large part of the testimony which connate of written depositions. The evidence, as reported, relates only to Gordon's language,tnot to his actions. No overt act was !proved or even suggested. Did he collect arms and ammunition? Did he drill the people? Did he resort to any violence? Did be do any of those things which by the oonstruotion of oar law amount to levying war against the Queen? Unless he did, he clearly was not guilty of high treason. There is no principle more thoroughly established than that mere words, however violent and se ditious, do not amount to that crime. The role is posi tively imbedded in our code. The Star reviews the evidence, oral and documentary, showing that it supplies not • tittle of proof of Gordon's complicity in the local riots. It adds that he submitted to his fate without bravado, and in the spirit of a martyr. If there be such a thing as justice on earth, this man, mur dered though he be, will surely obtain it. The Herald describes Mr. Gibson as conducting himself in the Cabinet with the humility befitting a man who has had greatness thrust upon him only to gratify somebody else—one who is invited to the ministerial table as the poli tical poor relation of the mighty demagogue who sits for Birmingham, and who does not pretend to be in the con fidence of his chiefs. But while admiring the modesty which enables him so fitly to estimate his own political im portance, it cannot credit him with an equally just com prehension of other arid more interesting facts ; and it pro ceeds accordingly to assert in opposition to the right hon. gentleman, that Mr. Gladstone du: owe hie election for South Lancashire to the conservatives, and that the elections generally did rot turn upon principles but persons, the country affirming nothing by its votes beyond its confidence in Lord Palmerston. The Telegraph attaches • special notice to Mr. Gibson's view on the subject of reform, from the fact that he is not by any means a man who allows the strength of hie con victions to carry him away. A certain characteristic want of passion, which has always disqualified him for the part of a popular leader, gives an authority to his utterances hardly vouchsafed to those of men of perhaps higher intel ligence and wider influence. He teaches a useful lesson to enthusiastic reformers, freely admitting that his own preference was in favour of household suffrage, but urging that though the bill would not in all probability go to that length, it would not the less merit the support of all sincere liberals. Any liberal who declines to support a government measure which would materially strengthen the electoral body will be, whether knowingly or ignorantly, • traitor to the cause of progress. On the other hand, the government is bound to exert its whole force in aid of the bill. If it be thrown out, its authors must at ones appeal to the country, to know w h e th er th ere in or is not • desire for an increase in the numbs, of electors. Whatever the Reform Bill may torn out to be, however the government may finally ant in regard to the affairs of Jamaica, the Star thinks it impossible to doubt that the advice given in the cabinet on both subjects by Mr. Milner Gibson has been such as the true liberal feeling of the country would approve. It would be strange indeed if the country did not place some confidence in a government which contains such men as Gladstone and Gibson, Villiers and Forster. The department under Mr. Gibeoek guidance always has its hands full of work, though the mechanism of its operations is never seen by the public. Mr. Gibson can point, however, to some achievements is hi department which secured the attention of the whole country. With infinite labour and perseverance he succeeded in carrying the repeal of the duties on paper—and he lent his inde fatigable aid to the carrying of the French treaty, of which the Austrian treaty just signed is only the latest of many similar results. His advice to his constituents on the subject of reform the Star considers to be sousd, though it again expresses its hope that the government may have the wisdom to see that in the coining struggle its strength will lie chiefly in its courage. Nairn 1 Aberdeen 1 Leith Ardrossan Greencastle . 1 Valentia Cape Clear Liverpool Holyhead.— Penzance Brest Rochefort Plymouth Weymouth . Portamouth . ' London Yarmouth • "I Scarborough. ' Shields Helder 30.11 31.23 30.33 30.42 20.46 30.68 W.S.W. W.B.W. B.w. W.N.W. &W. W.S.W. B. W. w7l. LN.L W.N.W. W.B.W. W. W.N.W. S.W. W.N.W. &S.W. N.N.N. N.E. N.E. N.W. N. W. N. W.N.W. N.W. W. N.W. co bc mo C co rf PROBABLE. FRIDAY. ON NORTEN3II SATURDAY. W. and S.W., fresh to COAMMI. Southerly and westerly, strong. fresh to strong, uu settled. As above. WINTER& As above. Variable, moderate to SOUTELINAL N. W. to 8.W., mode- N.W. to S W., fresh, rate to strong. floe generally. As next above. NAINIIRN. As next above. Northern=Scothuid. Westers=lreissid. Wales, and sdis modes. Southern=Rne Channel and 1 Kastern.ltastward Log d and North Sea. Bay of Biscay. The Earl de Grey, Secretary of State for War, was to lay the foundation stone of a new college at Hui' this morning. Last evening Lord Henry G. Lennox, M.P., read a paper "On the uses of National Museums to Local Institutions" in the ball of the Society of Arta, Adelphi. There was a large attendance. Among those present were Mr. IL A. Bruce, M.P., Mr. Ayrton, M.P.. Sir William Sterling, Sir F. Sandford, Sir Thomas Phillips, Mr. H. Cole, C.B , Icc. Mr. Layerd, M.P., presided. Mr. John Bright, M.P., has been on a visit to Mr. Dudley, the Consul for the United States at Liverpool. Yesterday morning the leading local liberals entertained the boo. gentleman at a private breakfast. Yesterday, at the first annual meeting of the Leeds Church Extension Society, the board were able to report that the munificence of the establishment in that district had placed in their hands the magnificent sum of 54,6041., to promote the objects for which the society was established. Of the subscriptions, upwards of 18,301. have already been paid, and the board have promised grants in aid of churches built or in course of erection, to the amount of about 15,0001. The master of the ship Neptune was arrested on the 11th at New York, charged with cruelty to his passengers and crew on the voyage just ended from Liver. pool to New York. Affidavits of most horrible treatment were made by several persons, and he was held in 10,003 dole. bail to appear at an • tigation next week. The Neptune was an emigrant ship, and the affidavits show a terrible state of affairs on board during the voyage. The following was Brigadier-General Nelson's note on the finding of the Court-martial in Mr. Gordon's GAO :—" Approved and confirmed. Moreover, I fully concur in the sentence awarded, such being fully borne out by the evidence. The prisoner to be hung on Monday next, the 23rd of October, 1865 ; to-morrow, the 22nd, being Sunday, and the state of this part of the country not rendering it necessary to inflict the punishment on the Sabbath-day.—A. A. Nsi.sos, Brigadier•Geueral, Com manding Field Forces.—Morant Bay, Oat. 21, 1865, 8 p.m." Gordon was tried on Saturday, the 21st of October. The court closed their proceedings the same evening. The evidence was early the next day forwarded to the general, together with the finding of the court. which bad been ap proved and coofirned by Brigadier-General Mama, the officer in command of the district. On Sunday, about 1 o'clock, the same was received by the general at head quarters, who read it to the members of the executive com mittee. Immediately afterwards it was forwarded by express to his excellency the governor in Spanish Town. The Prince and Princess of Hohenzollern paid a ' -- • .-- - visit the day before yesterday to the grand sewer in Paris, entering by the opening in the Place de Is Madeleine, and coming out half an hour after by that in the Avenue Portalia. " The French court," says the France, " is to go into mourning for nine days. without waiting for a diplo- matic notification of the death of Prince Oddone of Italy, the object being to show how deeply the imperial family of France participates in the affliction of King Viet: Em manneL" Baron Jules de Lessem gave a splendid entertain ment on Tuesday to the Morocco smbsradors, in his hotel, me Montaigne, which has long been one of the curiosities of Paris, in consequence of the Oriented distri bution of the apartments and the correct beauty of its Msuresque decorations. One of the baron's cooks is • Moor sod • cordon bleu in her peculiar line of art : the supper therefore prepared for their excellencies was • triumph of Eastern gastronomy. The excavations now making at Pompeii have brought to light several vestiges of the ancient Christians. 10 the palace of the Edile Pause, in the Via Fortuna, an unfinished sculptured muse has been found on one of the walls, as well as abusive inscriptions and caricatures rid'. collet a crucified god. A large eagle has just been shot at Francheville (COte-d'Or) by • man named Hermant•Coartin. He was out shooting, when the bird pounced on his dog. and com menced beating the animal with its wings. At the dog's cries the master approached, and firing, succeeded in killing the eagle. It measured nine feet from tip to tip of its wings. The French clerical journals announce that Dr. Pussy on leaving Bordeaux proceeded to Orleans on • visit to Bishop Dupanlonp. A notorious bandit named named Peri, who was the terror of the island of Corsica, has lately been shot dead on the territory of Barrels, after a sharp encounter with • petty of gendarmes, ia which one of them wee unfortunately killed. Peri had already been condemned for homicide to five yews' imprisonment, but had escaped from prison. He then got together some men and revived ell the word traditions of b••ditism by levying forged contributions on the inhabitants of the districts which be visited. A biopics letter in the Debuts says :—" The law on civil marriage has just given • new contradiction to the previsions of the clergy, who announced that it would be the c•nse of sonde' and disorder, and would find an in surmountable obstacle in the ocomoirnoss of the faithful. ! The law has been in operation since the Ist. Several marrisgesbave been celebrated without anybody complain. • log of a profanation of the oosjagel tie. The religious • sent'mdt has not been bra say way wended. A circular of the minister of justice affirms the Nam result all over the ma. GORDON 's Taut. The Times publishes the official totes of the evidence taken in the see of the trial of Mr. Gordon, and finds it impossible not to some to the conclusion that, if there be nothing more forthcoming then has been reported, there was no sufficient proof of his guilt. It is said that there were other documents before the court, which were not read aloud ; but certainly the evidence. both caul and written, which we have in our possession doss not give conviecing proof that Gordon instigated the attack on the Court house. To the evidence of Anderson, which was the chief direct testimony to the prisoner's intention, much weight cannot be attached. The deposition of Thomas, the rebel sick io hospital, only proves that be believed that he and the others were acting with the approbation of Gordon, and Gordon's correspondence with those who sided the insurrection may be fairly presumed, as it is not likely he would send tremor/liable plans through the pest, to have merely related to the carrying on of the political war which they were waging *admit the perish autherltke. The re. LATEST INTELLIGENCE. (orm% Tim :alums.) MEET OF THE QUEEN OF SPAIN. _ MADRID, Jut. 23. The Queen of Spain gave birth to a prince yes terday evening. MADRID, JAR. 24. General Zabala returned to Madrid this morning. GREECE. ATHENS, JAN. 17. To-day the session of the Chamber was declared closed. It is probable that there will shortly be a change of ministry. THE LATE SON OF THE RING OP ITALY. The Paris correspondent of the Nord, writing on the 23rd, says :—" The death of the Prince Oddone, the youngest of the children of Viotor Emmanuel, had been expected for a long time, on account of the alarming con dition of the young and unfortunate prince, whose life may be described as a long agony of 20 years, for Prince Oddone was infirm from hi birth. The news of his death, which arrived in Paris yesterday morning, has caused deep grief to the Princess Clothilde, his rioter, who loved him very much, partly, perhaps, in oonsequeace of his severe suffer ings. The mourning at the Pails Royal will, as was noti fied yesterday to all the members of the household, last for two months. Gener•l Franoonniere, first aidedwcamp of Prince Napoleon, will represent their highnesses at the funeral of Prince Oddone." WEATHER REPORT.—(rius DAY.) THURSDAY. JANUARY 26, 8 A.M. LAW INTELLIGENCE. (THIS DAY.) COURT OF QUEEN'S BENCH. sis Basco.—(Before the Lord Chief Justice, aad Justices Blackburn. Mello; sad Ohm) VALENTIN V. HALL. This was an action arising out of the interminable case of Bouillon v. Valentin, to recover certain coupons. A few days sinee Mr. Coleridge obtained a role nisi for a oom misrioe to be addressed to the judges of the court for the oommune of the Seine to examine certain witnesses in Paris on behalf of Mr. Hall, the defendant. Mr. Quoin to-day showed cane against the ride princi pally on the ground that Mr. Bertrand, one of the witnesses proposed to be examined, was one of the deputy presidents of the court to which it wee proposed to send the commission. Mr. Coleridge, Q.C., appeared in support of the rule. The commission was necessary because many of the witnesses declined to give evidence except under the pretectioo of one of the French courts. He bad no objection to Mr. Bertrand's name being omitted, an intimation being given to the court why the name had been omitted. Rule absolute accordingly. IN NZ AN ATTORNEY. Mr. Serjeant Pollen moved for a rule calling upon an attorney to show canoe why he should not be ordered to pay over the sum of 501. which he bad reoeived as attorney for Mr. Way, the applicant. Mr. Justice Blacks—Why not go to chambers and take out a summons against the attorney to bring in his bill of costa, if any. and the money he haa in hand? It is a less costly and more speedy proceeding than by a rule. The former can be done for a few shillings, whereas a rule will cost between 101. and 121. Mr. Serjeant Pollen said he thought it would be found that in the end a rule would be a lees costly and more expeditions mode of obtaining the payment of the money. Rule refused. COURT OF EXCHEQUER. ittinp io Banoo.—(Before the Lord Chid Baron Pollock, and Baroos Martin, Cherwell, and Pigott.) ALLEN V. GREAT wirsizarr EALLIVAT coirairr. This was an action, under Lord Campbell's Act, to recover damages for the death of the plaintiff's son. The plaintiff was a harness maker, renting a mom, at 4s. a week, on the second floor of a house in Soho, and was 62 years of age. The son, who was twenty-eight years of age at the time of hie death, wss, along with his wife and child, killed in an accident on the defeadmite railway. The pecuniary interest which the plaintiff alleged he had in his eon's life was this :—The plaintiff's deceased wife t a skilful seal engraver, taught her business to the moo, and in consideration of this, and of the plaintiff giving him her implements of trade, the sou agreed to allow his father a certain portion of the profit., which it was said amounted to about 301. a year. It appeared that the son lived apart from the father, and paid 6.. a week for his lodgings. At the trial before Mr. Baron Martin at sittings here after last term, the jury found a verdict for the plaintiff, damages 1501. Subsequently Mr. Kerslake , Q. 0 ., o bt ained a rule to enter a verdict for the defendants, or a noun% or for a new triaL Sir George Honyman now showed cause against the rule. The question was whether this sort of interest of a father in the earnings of a son could be compensated for under Lord Campbell's act. Mr. Baron Martin said he thought the damages were too much. Mr. Kerslake said the case involved as important question, which the defendants were deffirous to take to court of appeal, viz., whether an allowance by a sou to • father, which wee perfectly gratuitous, could be made the subject of an action of this niter.. The Lord Chief Baron said it had been decided over and over again that a gratuity allowed by one person for an other, standing in that degree of relationship, might be recovered. Mr. Karslake—Those are the decisions we wish to have reviewed by the House of Lords. 'Sir Geo. Ilonymen said the point had been decided the cues of Franklin v. South Eastern Railway Comeau', Duckworth v. Johnson, and Pym v. the Great Northern bei Railway, the damages awarded in the latterbeing 1,3001. The Lord Chief Baron—l suppose Mr. Kerslake does not deny that those cues are agaiost him? Mr. Karslake—l do not ; but I think they scarcely spell to the facts in this cue. Ultimately, at the suggestion of the court, the case was postponed, to see whether the parties could agree to r reduction, of the damages, and whether an arranger° , could be made to avoid an appeal. COURT OF PROBATE AND DIVORCE. (Before the Judge Ordinary.) 1024111COTT e. ILENNICOTT (CLERK). Mr. Hannon for the petitioner; Mr. Harrison for the respondent. This was emit for • judicial separation on the ground cruelty. The marriage took place in 1846, and there had been 12 children, of whom five were living. The petitioner had been a Mies Emma Hodson, the daughter of the Rev. J. Hodson, of Newcastle. The Rev. Benjamin Ken. nicott war the incumbent of AU Sainte, Monkwear• mouth. She stated that at first he had treated her tolerate' well, but he was sometimes latozioated, and thea behaved harshly to her. One Sunday, about ten years ago, being angry because she had let the nurse go out, he came to the petitioner while she was nursing a child and kicks her. His foot struck her chair, and she fell down with child in her arms. The servant came in lets, and t. respondent was again angry. He refused to let bee steel in his room, and she at first went to her dressing-room, bat after being there for some time she became alarmed and went to the servants' room. Her husband met her on a' landing and kicked her, telling her that she should poison the servants' minds against him. She spent the rest of the night in the nurser►. Recollected one day in Jur -1861. his throwing a chamber utensil at his daughter, bra mild not remember any more about it, though there might have been • good deal of fighting in the house that day. He was often scolding and throwing things labour A short time after that he came out of his room and sat his shirt on the floor with the poker in his hand, dee...Uri that he would murder the children if they came out of 1 nursery. He thought that they had been listening to hi They locked themselves in the nursery—they were afraid. On another occasion when he was in bed he want some brandy. Told him that the doctor had said should not have it, and the respondent then her dress. Once in 1863 when the baby very ill, in fact, dying—witness wanted to stay up all night with it, but the respondent said he wished her to sit up by the side of his bed and wait on him. She lay down on a small bed in his room, and he threw • large dinner bell at her. It fell on her pillow, but it just missed her. One Sunda► morning in 1864, be came downstairs and broke the children's breakfast cups. Then he got wit ness into a corner and struck her on the breast. The blow broke an ivory brooch she had on. In the July of that year he came into the kitchen and threw her down. On another occasion he dragged the youngest girl along the passage by the hair. On the same day he had streak her in the garden, that was about some currant bushes. Was in a state of constant dread ; she did not consider her life oafs ; and her health suffered from the life she was obliged to lead. in 1864 she was compelled to leave her home. Cross-examined—The respondent's living was an endow ment of 1751. a year, and the fees would be considerable if proper attention were paid to the district. Had frequently applied to his father for protection. Never consulted doctor in eousequence of any personal injury received from the respondent's violence. Tried to overlook the reapon. dent's faults. Before witness left her home she bad • disagreement with hies about her boy Arthur. She thought he might to go into her brother's office. at Newcastle. A. railway pass would have cost 141. • year, and the salary offered was only 201. The respondent was pressed for money, but he ought not have been. In 1863 he was made all clear by witome's friends and started again. (A letter of July, 1861, of an affectionate character. ad dressed to the respondent by the petitioner, was pot in.) He could not ill-treat witness when he wee from home. When he threatened to murder the children, witness be lieved that he meant it ; but made no application to any magistrate. It was not a pleasant thing for a lady to go to a police-offioe. The child died about two days after the respondent threw the bell at witness. Could not deny that she had called the petitioner " • liar and • scoundrel." That was in the presence of his little boy, but the child was then only three or four years old. Might have used such language on more occasions than ones, when the respondent has been drank. Had told the children not to mind what he said, but had only done so when he was drunk. Might have often struck him to protect her self. Hal ones struck him with a chair, but that was when he had tossed • large portmanteau at her. Had once heard her eldest daughter cell her father " a scoundrel ;" but had reproved her for doing so. Had never told him that she would have stopped the =it if it had not for her brother, who thought it only right that she should have some allotropes. The respondent had offered witness 10e., but as he had 751. in his pocket at the time, witness thought it an insult. Believed that complaint had been male to the bishop about the respondent's conduakbat that had not been done with her knowledge or by her direction, for *be did not think herein the proper person to take such a step. Witness's brother was very well to do in business. Re-examined—Had lately heard that proceedings had been taken against the respondent before the bishop. The re spondent frequently took too much drink, but witness had done all is be: power to wean him of his bad habits. The petitioner was corroborated by her eldest daughter, Emma Sophia Kennloott, aged 16. The occasion on which she used violent language to her father was when be bid knocked her down as she was attempting to defend her mother. (The ease was proceeding when we went to press.) COURT OF BANKRUPTCY. (Before Kr. Registrar Papp.) IN NJI a. V. DRUCIL Tim bankrupt wen a solkitor. Is St. ftwithin'a-lama, The mesa waa before the court a few days age, OR the aloha of attidemw. when a large proof for 10,M., tendered by a Mr. Thorpe, timber-meralmat and of Leeds, was disputed by Yr. C. B. Lewis. on behalf at creditors. Wa Mao= now pre judgment. admitting the proof. He was of opinion that the bankrupt having. es a seater of fact, accepted the bill drawn by Shield and dinareetedby ECCLESIASTICAL PARTIES IN MUNN. The Daily News observes that the Wines on which the general election was decided in Ireland were very different from thee" which determined the result of the contest in England and Scotland, and that it is hard to say how men will act on purely political questions who were returned mainly to represent ecclesiastical interests. Aooording to the Dublin Review, it is not possible for good catholic. to be the natural allies of the liberal party ; and such words should induos government and ►he parliament to consider in reference to any Irish request which involves what is expedient rather then what is right who it is that makes the demand ; for there is neither honesty nor po ligy in placing power in the hands of a class which proclaims its intention of using that power against the very party from which it asks it. The policy of • wisely•liber►l government must be to strengthen in Ireland the Roman catholic. who are not priest•ridden. By doing justice between the rival churches—by establishing equitable relations between the catholic peasantry and the protestant oligarchy—a liberal catholic party may be formed in Ireland. The policy of the higher clergy is to make Irish representatives purely and solely catholic, holding aloof from both the great parties in the state, so that on critical occasions they can command either. To this complexion Irish politics will inevitably come, if mixed education is abandoned, while the temporalities of ' the Irish establishment are maintained, and the feud of i protestant landlord and catholic tenant remains unhealed. The Herald characterises the proposed scheme for en dowing the Irish Roman catholic priesthood as about the maddest and most foolish suggestion that could possibly have been put forward. The idea has been constantly and steadily opposed by the catholic clergy, who would now less than ever be likely to accept the "Saxon shilling," which the laity would regard as no better than " blood money." Till CABE OF CHARLOTTE wiNsos._ To the Times, it has seemed from the first that the argil. manta in the above case have been all in favour of the crown. It would, indeed, have been a melancholy and dis heartening spectacle if so great • criminal, fully convicted on the merits of the case, had escaped the pursuit of jus tice because • judge was mistaken in believing that he had the power to discharge a jury on Saturday night when there was no chance of their agreeing, instead of imprison ing them during all Sunday with the prospect of the very same conc►usion on the Monday morning. Offering no opinion at this moment as to the propriety of carrying the sentence into execution, it seems to the Times nevertheless very clear that the delay which has arisen, so far as it con sisted in deferring the trial, has nothing to do with the case, and, so far as it arose from the granting of the Writ of Error, was a benefit to the prisoner, which minot be set up on her behalf, with any reason or justice, as ground for commutation of sentence. With this single remark it leaves t h e matter to thews who are responsible for its decision. . . . . The Post describes the net result to be that any judge may discharge a jury when he please, if he chooses to ran the risk of parliament►ry impeachment. This may be good law, but it certainly would not have been so in Lord Coke's time. The court confessed their inability to consider the point raised on the admission of Harris's evidence, but the Lord Chief Justice reprobated in such strong language the course adopted by the provecution that there can be little doubt that the convict's life will be spared. The Tekgraph thinks the decision in this ease will com mend iteelf alike to the common sense of the public and to theresson of those who are skilled in the technic■lities of law. Here was a woman against whom there was the strong pre samption of guilt ; here was a jury in a state of uncertainty which further deliberation might have dissipated ; here wes Sunday at hand, when the verdict could not be taken. How, then, was Mr. Justice Crompton to act ? Surely his duty was, not to let the prisoner escape through the loop hole of mere technicality, but to leave the way open for another trial. That he had the discretionary power to do so ticker, both from the evidence of authority and the prac tice of courts. That he exercised that power wisely the Telegraph firmly believes. Wbe Court. OSBORNE. JAN. 24. Her Majesty drove out yesterday morning accom panied by Primes@ Louie* end Prince Leopold. Prince Christian of Schleirwigaolateie went out shooting. The Rev. George Prather° had the honour of dining with the Queen and Royal Family. Caninar Couiscri..--Summonses have been issued for a Cabinet Council, at the First Lord of the Treslnry's official residence in Downing-street, on Saturday afternoon, at 2 o'clock. The Chancellor of the Exchequer and Mrs. Gladetoue received the Duke and Dashes of Argyll, Lord John Hay, Dr. and Lady Millicent P. Jones, Mr. and Mrs. Holman Hunt, Mr. and Mrs. Wooatter, and a select party, at dinner, yesterday evening, at their resideacein Carlton. bottarterreoe. Prince Christian and Prince Hermann of Hobanlobe visited the Royal Victoria Hospital yesterday. They landed about 11 o'clock, and were m 44 by Inspector- General Dr. Ross Jameson and Col. R. Wilbraham, the go.. verger. After going rotted Use nmdlral and surgical division they re-embarked at 12 o'clock for Osborne. She was taken to the ~spite, medical treatment ever since. The guh was a seise, and for several days the worst fears were entortsimik her safety. The proescutrix begged of the magistrate is rims 6 prisoner, who, she said, wee the mother of two who would suffer if their mother was imprisoned. Ist not care for the wound ; it was all her own fault ' The magistrate acceded to the entreatisa of the pro* triz, end discharged the prisoner. CALAMTTOUS FIRER.—THIS DAY.)—At aa e hour in the morning a fire broke out on the premiss Mr. Gluck. • tailor and outfitter, No. 26, bughpyisi Commercial-road Etat. The lire travelled so fast that Gluck and three of his children were unable to deeeof the stairs, and they made their appearance at the lot windows crying out for help. ilappily Condoler Beset Wood arrived with the Royal Society 'a escape sal them down in safety nearly suffocated with the The ground floor and the first hoot were bunt est sad fa roof destroyed. The basement was likewise nen dea The premises of Mr. Ellis, a confectioner, and a silk Inendle, are also injured. —Between 3 end 4 an r destructive fire also occurred in the premiers_ Spikins, a turner, No. 69, Bouthampton.street. Flawav w. hill, and here the flames could not be extinguished math factory was burned down. The premises of Mr. Loelif wool (larder, and Mr. Teem were destroyeL-I_,o ll took place in the private residence of Mr. W. Shwa NT borough-rood, Old Kent-rued, caused by the spirt* I r.. Penal , lamp. The house and Its contents was destroyed. CONYOCATION. —We are authorised to stets the convocation of prelates and clergy of the Wiwi° Canterbury will meet at St. Paul's on Friday. Pekerri for Illiteracies of convocation and for the electiesise locator. Convocation will then be pearadod 111 following Tuesday, February 6, when the Loww How proceed to business for the rest of the week.—dew' THE LATE MR. G. V. BROOKE — W WI I about being taken to perpetuate the memory of SOL. Brooke, by establishing a lifeboat on some pan of On hereafter to be decided upon, sad by buiklisit & coneeztoo with the Royal Dramatic College. A eo —consisting of Mr. Paul Bedford, Mr. J. L. Tolik ,7 Billington, Mr. M. W. Hodges, Mr. Clarence Belk 1 1: W. Asses, and Mr. Switzer —have bees a9Poialm l* " —. out the object. RAILWAY AND OTHER BILLS nr PaitUalle' Yesterday, Messrs. Frere and Smith, the ars o r ps i standing order proofs, resumed their 'Mier " - star, end although the lists contained small number of bill., the sitting of each gatkala l it o proloepd until a late hoar. Mr. Smith dcf bad __.4l data* orders to have beep complied within the 00147; OM of the Hoylake Railway Extension No appearsoce entered in the unopposed mood sm.r.l seem sad St. Just Railway, and the lianaheste Lammehiro Railway. The opposed adjounied Para. the City, Kingetos, and Richmond Railway wes Igo= mill tomorrow. Au adjournosse M g dq P :r . ae sd ordered in the opposed petitions at ihrjra heed and Liverpool Railways, and the Salisburyuti4 has" Railway. In the mum before Mr. Piga war rend kill of the Shrewsbury and Potteries .10 01 2 11 1, 2 . way pared theading orders. In th e unoPo w ". 0 7 0 10. the owabsry and Potteries Junction Railway there was no appearance. The Central basal. r l 4 , wait postponed until the 3lot Sena a that the standing ordes edi le amaerned with ha the arose of the tins of the lay Valley sod Vale Nestk Jamialrom rap, and the Aberdare Valley and CW"P l lth i re , Reßway. The adjourned opposed _petlioa istrt Beaten' and Loudon, Chathem, sod Dom' pallw and Brightoe) Railways, was further adjouls•_,' day ; am were amass bilhi of the Rai a n " eery Railway. the llad.dos Railway, and WI Palest madam* LeadaaJoadiaa sa WATTIP the Loodot committee Von in the Phillips, • potter, wit lore disaats owing to th in to ase The comm. ladivideol cirmintetar tin., an Oil for l this stion of th remedy b 3 = D ii " o leak. f azisbeoe 11616ir tile teat a way /1 r i I:meti irk& sc Weed fc ommusea .11Imoirin Ulla* e -41181 ,____4100 4111111101 IIIIMIMMIIIMII."li.1.IIIIIIIII."--1 Thorpe, he must be booed by the comaequ ats . ...---.---- his own act, and must be coosidsrd as • 0 WAAL liable for the debt. It appeared that the basksp Pi l l t executed a deed of assignment on the 31st of Jae ~ WORE it was argued that Thorpe, though no party to th e ' ~._ bound by it. But as no account was taken o f e s ,' William Char creditors in the deed, it did not comply with the oro ," cudgel Mil. Nor of the act and could be no bar to the adroisit es r iT h Cooke of • thin' proof. Proof &Militia. etiophlok. Mk" 4 ore manufactur MIDDLESEX SESSIONS. whit•dispa Kr . Lewis, eon (THIS DAY.) A m ; the prieone --.- wanly exterior, a SECOND COURY. leant on the haul r ight hand, whit)] (Before Mr. Payne.) seam Too/50 THIEVE& William Putney, 15, errand boy, and pinhead Be n; Mr. Lewin stet a labourer, ter* sharp•looking boys. were indicted stealing c ourse of which stealing a shawl, value Bs., the property of Ann e m u., h o lism between from her pima. ---'", firm es a confide Mr. T. K. Pater prosecuted ; Mr. Richard Ranh k w hich 'mount o fended. This was a very daring robbery, committed in thou, believed to be a stre dayl et t. wh ne en Pma(mu she was trM surr we. Clll w n ak ded in ty aM : g nu U m P r et cmud e nd =to ilet s:2oo6,l M (imagist whom were the prisoners), knocked down, se a; youl, sir, that fr things torn from her. Her shawl was taken from hers feloations amour she was left on the ground almost insensible, he s ma picked e, chsracterki up by a polizm it an. as Mr. Peter dasin Pater g h h ig av h i w ng w ay - 0 9: 4 161u tt . oalled the promiontrio. ' bli W aad hin f°rmedthe in a te p o p fr re wth h : ; The jury found them Guilty, altar hearing the ma 4 w.. t oo k the ma L up and an address from Mr. Harris ---aufisauss soar Mr. Payne—l see by the return I have Ware a l % it will be admitt i Putney has been in a reformatory for three years, mal t , been several times convicted. They seem to be nice ben admitting a robl Mr. Pater—Young Jack Shepparda. bnagined. Nor a Samuel Doble, 147 X, said that while Putney i n k s end c l er k se m e n reformatory he learnt the trade of a shoemaker, ands* two wor k men i n have got a good living if he had thought fit. J Oen of dishonest Mr. Payne sentenced Putney to be imprisoned sad big P to hard labour for two years, and Bayes to 18 raosths. - " It was then s duty was to ke the firm's travel I THE POLICE COURTS. toners by the t to be handed c 2 (THIS DAY.) aimsl so-oallia i ttl Henry Hawley, wh ß :desc 7rei rT ßY ber . I:im . self an a steak jett n , Ini P aßilledt i:darnd t gl : nt6altbUinigrlyti , was charged with being drunk and disorderly at the pg e - -• to the fame ass • cram Railway station, refusing to leave whoa deeireltel i distally attest err so, and assaulting one of the porters . bobly novel bu ! Mr. Richardson, the chief platform inspector el ti t use of them ale r; Charing•eroes station, stated that between 12 ad i six eases the fi r " this morning, the prisoner and another gentlemas win e i r the platform smoking. He told them they must not lank of t his havin g 1 4 there, and desired them to leave the station. They rekep Mr. John 7 to go, saying they would stay all night. He insisted Ike absent from I ', they should leave, and they then wanted to go es t Inthp ton m ea tion dui same door at which they had entered. He told them Wei end this month o• trance was closed, and they must go by the milldam ibe or refused to do so, saying with a foul expression , thatitee accoun t s In ra, er all nonsense. They spoke in a loud tone of voice. Big polioaconstabl purred immediately under the windows of the Char** robbing me." 00 Hotel, and the offensive language might have be.. hey s. yes," and tl et by the inmates, He, Mr. Richardson, sent fora }sins observed, "I I constable to remove them. ' • Sir Thomas Henry—Are you not sworn in as sonde* Prisoner (set n _) • Mr. Richardson—No, but I have communicate d *With ON • promise o " superintendent of my district with a view to my * Mr. Taylor- sworn in as well as the inspectors at other stations. advance in his Sir Thomas Henry—is there not • metropolitan mai* _ he never ea t in. , _ on duty at the station ? I'• Mr. Richardson said there was a sergeant is pia Christopher clothes during the day, but at night it wee used 6 110 Der in oast( " call in a constable when required from the clod charge for ste On the arrival of the policeman the prisoner and bikini ly. Prose l O' ran away. The friend was pursued by the pollen/01i i eow ~ i ari contrived to get away. The prisoner was pursued dl ''• '''' '' nil overtaken by a porter whom he assaulted by staking ti t , ? then replied, on the head with his umbrella. more." Am ore The prisoner with an air of indifference, said he sail drove to it." „ friend had missed the last train. They stopped cc Mr. Singer P l 7 platform a little while, and " chaffed " the officer, "driven?" was perfectly sober. "I Sir Thomas Henry said the defendant's conduct wood Witness —' ,have " 13 • disgraceful, and ordered him to pay a fine of ill. g I should Int im prisoned for one mouth. drove me alm The fine was paid. Mr. Lewis- of M LRLBOROUGHS up TREET. . which, the allc wh h, with I noanemes AT TEI LONDON CRYSTAL PAWL conviction. John M•Gratli, about 14 years of age, was clorP l Mr. Cooke Mr. Knox with stealing from stalls in the Leeds@ T i mm toe fi n the Palace, Orford street, a set of quartetts, the onoortunity c Mrs. Maria Targett, a box of gun ceps, the property d "Iv r t ioner _i a of Ryan, and two silver pencil awn, the property d a legal adviser, had Emily Overall. Mr. Cooks user William Scherer, residing in Crest Portludatreelmg remand. t e r, that on the previous evening, while at the Londoe 01,41 it Prisoner w ; en . Palace, observing the prisoner behaving in a very agile ~ ear . manner, he watched him, and saw him go up to a add , PH ably take a box off and put it into hi4pocket. He wide :, b e the prisoner, and asked him what he bad taken off amid . agu, and be banded the box to him. He then took the pier ' isysasoon, a c me into the office, when he handed over some other axis lamas a had and the constable of the plain then took him MO Wesbern, 121 Metrolitan th e station. Maim% po Tab the Mrs. Maria Hiokliog, widow, of 49, Marl of Canada; II p ee p assistant to Miss Targett ; Blanche lAnre b n e t r , m oi li tt Rheoish. 6 Charleastreet, Middlesex Hospital. assistant to Min Bps; ComPany. Il and and Mir Emily Overall, identified the property pMrd- Iron Compel . 14 1 746 11 1 the the latter person identifying the two silver pseud sera no t Richard Hove, countable of the London Orystal Pally Manonswe at rather toe rest said the pencil cases were picked up that morning sni dei.", loan, nue, where the prisoner stood in the office yesterday emong. --Great gas but Mr. Keox remanded the prisoner. Trunk at Ca here THAMES. —Great Wes Odra 1121 i that • TOII4IVIIG WOMAN. Ilbedleld, as lout. Maria Hannan, who has been in custody a week, at 101 18—Nev at. in brought up on remand, charged with assaulting sad welt •-Btaveley C . 1/ L u g ing Margaret Bow, who appeared in court with as *JO Mersey Max years' Bond L bw bandage round her head. and Co., al 1 •'°'.' The parties are married women and were living is II BULIONOB l',_„ s ° same house. They quarrelled, sod the prisoner Apes day as folios ,•`"•• provoked at something uttered by her adversary, timer t ham Flnanc 1 he earthenware plate at her head, and indeed Os, British and t°r• wound. She fell and lost a large quantity it Mtnd4.—hand: • She was taken to h the London Hospital, and has betook wa saa n 2 u _ l k r Al