The Express. — London, England, 1864-12-14 00:00:00

ispoßwm and ZAMBRA'S One guinea and Two Gaines FIND GLASS!' and TII7.I3COYSI an war maid aa unrivalled for power and brilliancy. Ili sad eta in rue rolePlete HatiOngsrden, LC.: Se, Cornhill. LC.: iN. Lenenbelreee. W. ; US. lelostedreet ; and Cryetal Palen.. WINTER OVERCOATS. Gentlemen are invited to inspect the NEW GOODS at HAMIET'ON and KIIIPTON'S. Tailors and Overeostmakers, 106, STRAND (opposite Exeteehall). i‘IR. MILKS'S (the ORIGINATOR'S) World-famed lea. TROUSERS can only be had at 79, BROOK STREhT, HANOVER-Mr:ARR. otters "competition is fairly distanced by Mlles.' ALVRED WEBB MILKS. &IMBIBE= IStl. JOHN BROG DEN recommends the public to have the carat g.,1.1 stated on the Invoice, " Fine gold and pure gold." as applied to jewellery, Ming a delusion. JOHN HHOODEN's GOLD CHAINS are sold upon this principle only, and at manufacturer's prices. Manufactory, 16, Henrietta street, Corent.garden, W.C. This establishment Is closed at 6, and on Saturdays at I o'clock. REMEMBER! we wait Supper for you aft e r the Coeeti t Garden Oren. at EVANS . Vail not. Che elcvreoo. ro COIRE3PONDENTS. 41‘nett4ements Intindeii7 ;7 7ln3 . London Evening u Pa cc er ock , o m n u i t A d e v a o t t t p h u e bucau. Office 6. lo, ' Bo Prea3 uverientreeL by Two BA VII ARIECT. T 111.9 KTEernso. MADEiiiI;ELIrDE BELLE ISLE. Messrs. Howe. Farrell. Braid, Gordon, and Coe. Mesdames Beatrice and AngeL soNO NO SUPPER. Messrs. Compton and Arthur : Mimes Reeky and Moore—And OCR MARY ANNE. ?MINCERS'S. Tam ammo. BORN TO GOOD LUCK. Mr. D. Murray. And THE STREETS OF LONDON. Mews. Vining, J. W. Ray, D. Fisher. D. Murray, J. Nelson, H. Forrester, and H. Melon Mrs. H. Marston, Misses Barnett and Gwynn,. LYCEY M. Pttl9 Marro). MY WIFE'S OITT. Mr Widdlcomb.—RYY BLAB. Meun. reamer. Ryder, Fitzpatrick, Charles, Melntyir, Raymond, Moil:oil. Collett, Clifford Miss C. Leclercq, Mrs. Wiustanley.—And KERSEY CHICKWEED. Mr. Widdicomb. SIITA NNLA. Tnte Erman. DICK WIITITINGTON AND MS CAT. .—gtoglng by the Great Vance, the Little Steele, WI/a and the celebrated ITAubans,—Atid aupyßA Miles.—tornmence at half-past O. lIIGII WATER AT LONDON-BRIDGE. TIM PAY Morning, 2h..26in Afternoon, 'AL •:m. Tu.monnvw Morning, 3h. 9m Afternoon, 3h. 29r0. LONDON, WE DNESDA Y, DECEMBER 14. OUR convicts seem inclined just now to re cur to an old and favourite idea of their class, that of casting upon society the responsibility of their repeated offences. Crime brings punish ment, we, the unconvicted, are in the habit of say ing ; our convicted brethren wish us to understand that it is punishment that produces crime. This was the thesis maintained by Mr. ROSSITER, who was convicted of robbery at the Gloucester Assizes on Friday, and again by Mr. JOHN WILLIAMS, who was found guilty of arson at Chelmsford yesterday. Itossivea, whose energy of character and fertility of resource have crowded into twenty four years the experience of a long life, narrated to the Court the leading events of his career, in en address full of pith and point, which appeared yesterday in our columns, and which, bearing wit ness to his distinguished intellectual ability, makes us feel grateful that he is content to dabble in those grosser forms of depredation which lie most ob vious to detectiou. The hand that drafted that speech was equal to drafting a City prospectus or forging a will, and perhaps nothing but a constitu tional impatience hindered its master from figuring in the world with as much distinction as a REDPATII or a Pottezzi.. Eight years ago, when only sixteen years of age, R. r:SITER. was convicted of burglary ; and as he had just before been committing highway robbery, he was sentenced to fifteen years' penal servitude. The impression made on him " was " deep and terrible, and from that moment," he says, " a continuous resolution set in to raise my " self to such'a position that theft would be an " infinite descent therefrom, and temptation "to it impossible." This declaration is the key to all that follows. There was no l'; , • di , f for ROSSITER. Only " pOSi " tion" could compensate him for the renun ciation of crime. Unluckily for him, society was not a party to the bargain, and he disdained the holiest mediocrity of station which by his own showing was repeatedly offered him. He laboured through his term of imprisonment, and was held to have merited by exemplary conduct remission of servitude and a license, under which he set up at Fremantle, near the mouth of the Swau River, a school which soon became the best in the town. He states :—" I rea " heed inolicient to support me in a respectable " position. My pupils were of both sexes, and the " children of all the respectable inhabitants and "government officials of the place." At this time our hero cannot have been much more than one-and-twenty, and burglary and high way robbery had helped him to a position which many an honest schoolmaster iu England might envy. tut this higO degree of success did not satisfy him. " Your Lordship would imagine that I had rc• " covered elan timre than the position I had lust. "Not so; I recovered nothing at all." What po sition he had lost is not very clear ; all that is known of him being that he burst upon public no tice as a felon at an age when moat lads have no character at all. Hut let him explain :—" To " state the matter clearly, it is a Medish law with " West Australian society not to admit nor recog " vise any person who has once been a convict. I " stood uninvited at their doors to transact any " business ; cards of compliment assumed the form "of turgid epistles, barely initialled. I passed " unrecognised in the streets, even by my lady " pupils and the older boys. Ah ! the shrine of " society re. i iiires more atonements than the law." All this is to llos-sirLic incomprehensible. Of a natural, instinctive, personal, and just distaste for the company of convicted criminals he has no idea. He procured a pardon, but that of course made no difference. lle sought marriage with a respectable lady, and then be crew upon himself the displea sure of the whole free community, who looked on him as " SAT ‘7, sue mg the sons of G.•!.." He is not, however, touclied only with the feeling of his own wrongs. I others, he observes, fared worse than him self. " Poor IG , :.- ' N , Reorient, and 111:111,1 URI) are " treated with every indignity and repulse. The " free ciassei have triumphed and set up their " throne of tyranny there." What a pity that these meritorious and ill-used persons cannot have a coleny to themselves where they may assign to one another whatever " position" they like. " could not stand it," and went to Singapore. i lere be was refused a landing, and was obliged to co back to Fremantle, 4 1. out of packet. He next tried to smuggle himself into Sydney, cone 'algid in a box as merchandise, but the voyage lastinc: three days beyond the usual time, and the emit; Lenient becoming intolerable, he was obliged tii mare himself known, upon which he was fined '2% Lc the magistrates, besides forfeiting his freight. Aii American coal ship afforded him a passage to the Islands ; hut there, again, his "position" was unsatisfactory, for the rough and miscellaneoua crew were as fastidious as "society" in Australia, slid nailed his ticket of leave to the mainmast. From the Chinch& Islands he went to Lima, and thence by the Isthmus to New York. In the States he rashly took the oath of allegiance, and so bee itiT liable to the draft, to escape which he left for England. It is acarcely surprising that THE EXPRESS, WEDNESDAY EVENING, DECEMBER 14, 1884. he did not get work here before hisalander stock pf money was exhausted, and that he was reduced toe* necessity of entering the Bath Union Workhouse. He left that establishment to avoid inconvenient inquiries about his parish, and trumped the country as far as Cardiff. An attempt to enlist in the army failed through his defectiveness of sight. He then cast about for the means of raising thirty shillings in the hope that with that sum in hand he should be able to get to Australis. He tried forgery, but fled from fear of detection before it succeeded, and took to robbing Wesleyan chapels of their Communion cloths and Bibles, for which offence he has just been convicted. The plea of such a man as this for sympathy is one which we must altogether decline to entertain. We can not but lament the perversion of his abilities, and regret that they have been so lost to him self as well as to society. But he has no in justice to complain of. It is very right that mis conduct should be followed not only by legal penalties but by social exclusion ; and if ROSSITER had taken, we do not say a penitent's, but a com mon sense view of his position at Fremantle, he would have acknowledged that be was very mush better off than he had reason to expect. He might have done very well either there or in Canada or in the United States. He is not a victim in any sense whatever ; and it is satisfactory to observe that he is not to be allowed for a long time to come to victimise the community by any of the numerous methods with which he has shown himself to be familiar. Abe Court. WINDSOR CASTLE, Dec. 13. The Queen, accompanied by Princess Louise, and attended by the Hon. Emily Cathcart, walked and drove in the grounds this morning. Prince. Helena rode in the Home Park and Princess Beatrice went out walking. Princess Louise, attended by the Hon. Florence Seymour, drove out in the afternoon. A deputation of the Visiting Justices of the Middlesex House of Correction, Coldbath.fielas, consisting of Lieute naot•Colonel Elsey, Henry Potosi', Esq., J. H. N. Glossop, Esq., H. H. Harwood, Esq., James Marshall, Esq., and Lieutenaat•Coloael Colvill (governor), had an interview with the Right Hon. Sir George Grey, at the Home-office, yesterday. The Hon. Geo. Brown, President of the Executive Council of Canada, had an interview with the Right Hon. Edwi-d Cardwell at the Colonial-office yesterday. Mr. F. sange Reilly had an interview with the Right Hon. Edward Cardwell at the Colonial.office yesterday. 31EF.TING OF PARLTAMENT.—We (Post) under stand that parliament will meet on the 7th of February for the despatch of business. The Duke of Cambridge, accompanied by the Hon. Colonel Corson (aide-de-camp), General the Hon. Sir James Yorke Scarlett (Adjutant-General), General Sir Richard Airsy (Quartermaster-General), Major-General Hsmilton, C. 8., and Colonel Addison (of the Council of Military Education), and a large number of the members of the staff at headquarters, left town yesterday morning, at S o'clock, to attend the half-yearly examination at the Royal Military College, Sandhurst. The duke sad com pany returned home shortly after 5 o'clock. The Duke and Duchess of Manchester have arrived in Paris from England, on their way to Nice. The Earl and Countess of Leicester will enter t►io a succession of guests at Holkham Hall, Norfolk, early in the ensuing month. Their Royal Highnesses the Prince and Princess of Wales purpose to stay two nights, and during their visit there will be a grand ball. The Earl and Countess de Grey will remain at Studley Royal, Yorkshire, until about the 20th inst., and then go to Nocton Hall, Lincolnshire, for Christmas. Lord and Lady Robert Cecil have left town on a visit to the Marquis and M&rchioueu of Salisbury, at Hatfield House. Lord and Lady Walter Scott have left Paria for Rome. The Right Hun. Sir Francis and Lady Augusta Baring are entertaining a succession of viiitors at Stratton Park, Hants. The Right Roo. Sir George and Lady Grey will join the party. The Right Hon. H. A. Herbert, M.P., is but sli,titiv improved in health, though the recent symptom• are favourable. He is still at the seat of Lord sod Lady Cremorne, in Ireland. Mr. Tennyson's last work has had an extraordi nary pale in Melbourne. A large number of copies went out by the mail to each of the lea Mug booklellere, out the whole were sold off in a few hours. Faicien David, the composer of Latta Ilookh and of Lc D2trt, is seriously indisposed. The Prince of Orange and suite, and really a bril liant house, were present at the Italians, Paris, on Satur day, to say addio to Saudis, who retires from that scene to devote himself to the 4 fricaine. The opera was Trqr:ate. The engagement of the Sisters Msrchisio with M. Bagier is cancelled from circumstances over which the sisters have no control. Th►t enteprising director has gone off to Madrid, taking with him M. Alary. Mario has also left for the Spanish capitol, where he is to sing in Fau.ro. - _ " A serious dispute," .says the f Nati , ,wlo, "still continues in the Reformed Church of Paris between the orthodox party and the hberals. A protestant clergy. man having recently died, M..t.th. Coquerel, jun., presented himetlf to replace him. That gentleman i. opposed by the Guizot coterie, but supported by the mass of the protestant communion, On Sunday last, after divine service in the chapel of the Rue St. Losers, an address in favour of 31. Coquerel's candidateship immediately received a great number of signatures." Various statues have just been placed itt the galleries of paintings at the Louvre, in imitation of the famous Tribune at Florence. The well known antique "Liana with the Hart" stands in the centre of Sidon Cam' ; and on each side of the door giving access to the Great Gallery there are now a Venus and a !lambent ; at the bottom of the G►ldrie des Sept Maitre', which contains a selecti,,o of the finest pictures of the Italian schools, there is now, among other antiques, the "Diana of Gables." The examination of the person mispeeted of firing the hotels in New York was commenced, by a military com mission, on the 2nd. l'uldication of the proceediogs is for the present prohibited. Fr.A Er. %I. Or THE LATE EARL OF CARLNLE.—The funeral of the late Kurt of Carlisle took place yesterday. The remains are deposited io the Mausoleum, in Castle llowArill.ark, where are also interred the remains of several of hit lordship's ancestors, commencing with those of the third earl. in 17:) , , The mournful ceremony was conducted with much simplicity, there being an ertire absence of pomp of any kind in connexion with the proceedings• to the grounds a large number of nobility, gentry, and tenantry assembled to show their grief at the loss of so am'able soil so good a friend and landlord, but there was no larce and imposing procession. The total somber of tickets issued to the chapel was only eighty, and of these only twenty were reserved for the public, and to the grounds of the Mausoleum the admissions were limited to 400, Throughout the sur rounding district the day was observed as one of mourning. Amongst the chief mourners present were t h e (j u k e an d D. ) ch e aa (Dowager) of Sutherland. the Duke of Devonshire., Eirl iranyille, the Marquis of Hartington, I Lord sod Lady Taunton, Lord and Lady Bagot, Lord E. Howard, I,"til F. Howard, Admiral Howard, Lady Elizabeth lasceand ot il li7r . re b l ' a 4 t v ivee El o il f a t h ;e th la re7. Lady ''e funeral 63ui C^ ser7ce ndi s; h a; read by the Hon. and Rev. Francis Grey, the brother•ina law of his lordship, and was gone through with deeply impre:sive solemnity.— Li ••I•l,ll,rerryt. FORF.ICN-orrli e , Di , . 13.—The Queen has been pleisaed to approve of Mr. lames Whyte Atkins as consul in the fa'anal of Barlx"1"s for his Majesty the King of the Nc•lierlanala.-64/:, It is imlersto(kl (*apt the Tim.. , ..) that in the action brought be Mr. George Furness, railway contractor, against the Recife and Sao Francisco Pernambuco Rail way Company, in which the damages were laid at 500,030 f., the arbitrators have made their award. in effect nega tiving Mr. Foreess's claim for damages, and awarding to the company 15,000/. for caste, and 300 of the shares be- Fuming to Mr. Furness. hitherto held, with the 10 per cent. Retentions, by the oompftsy as security; the re mainder of the shares, paid up, and the Retentions to be returned to Mr. Furoeiia. The plant, stores. and materials taken possession of by the company in 11139 have been agreed to at a value of 17.,c0a, and mu t ua l m i mes . we to he executed by both peruse. BISHOP COLENSO'S APPEAL TO THE PRIVY COUNCIL (THIS DAY.) This case, which ie an appeal by Bishop Coleus° spinet the sentence of deprivation pronounoed upon him by his metropolitan, the Bishop of Capetown, came on for hearing before the Judicial Committe of the Privy Council this morning. The court assembled at a quarter to 11. A large crowd of persons were preeent. The judges were the Lord Chan cellor, Sir Stephen Lushington, the Master of the Rolls, Lord Slowdown. and Lord Cranworth. The counsel for the appellset were Mr. W. James, Q.C., Mr. Fitejaines Stephens, Mr. Westlake, and Mr. G. Clarke ; for the re. spondent Sir Bugh Carus and the Queen's Advocate. Mr. W. James, in opening the case, oommeneed by oh. serving that the matter at issue was of the highest im portance to the clergy and laity of South Africa ; it was of the utmost importance to them to have it settled without delay whether the Bishop of Natal was still a bishop within the canon law, and, aooording to the laws of the realm and the constitution of the church of England, head of his diocese, ' , spatially as, in the contrary case, it would be tier Majesty's duty immediately to supply the vacancy in the see. The Bishop of Capetown had shown the most passionate menaces in dealing with the theological con. Pommies which bad arisen in his province, and throughout the proceedings which now came under review he appeared to be actuated by an overweening ambitioe to establish himself as an irresponsible and absolute pontiff. The Lord Chanosllor said the learned counsel had better confine himself as mach as possible to the question of jurisdiction. Lord Kiugedown observed that the question before the mart was whether the Queen had the power to review the decision of the metropolitan. Mr. James then refined to the letter patent creating a metropolitan see of Capetowc. In those letters patent be said were these words—the only words referring to the bishopric of Natal :—" We do further order and declare th►t the said bishop of Natal and his successors shall be subject and subordinate to the see of Capetown and to the bishop thereof and his successors in the same manner as any bishop of any see within the province of Canterbury shall be subject to the authority of the Archbishop of Canter bury." The oaly two suffragans of the see of Capetown were the bishop of Natal and the Bishop of Grahamstown. The appellant was ordained and consecrakd on the llOth of Nov., 1853, and thereby became fully possessed of the see of Natal; and on the Bth of December iu that year Dr. Gray (the respondent) was appointed Bishop of Capetown as a new province. The learned counsel then citedthe words of the appointment declaring that Robert Gray and his successors were to be the metrvolitan bishops, @abject, however to the general superintendence of the Archbishop of Canter. bury for the time being. Oa the same day, the Bth of December, 1853, the appellant took the usual oath of canonical obedience and he declared that in no other manner whatever did he recognise or know of the existeom of any provisions relating to the jurisdiction of the Bishop of Capetown. The Lord Chancellor asked if the form of oath was prescribed by the letters patent. Mr. James said that the oath was like that taken by the bishops of England. On the Ist of July, 1863, a citation was served on the appellent, sod to that citation were annexed certain documents comprising the charges brought. On October 16, 1863, the appellant protested sgainst the jurisdiction, and at the earns time denying that the pub licatioo of the passages cited constituted any offence against the laws of the church of England or Ireland. On Nov. 17 the Bishop of Capetown, assisted by the Bishop of Grahamstown, one of his suffragans, and the Bishop of the Orange Free State, who was in no pease whatever connected with the see of Capetown, being simply a mission►ry bishop, assembled to try the case. The bishop'■ protest was put in, bat notw:th standing that, the proceedings went on. A thing unheard of in the administration of justice took place at the hearing. Extracts from private letters written by the Bishop of Natal to the Bishop of Capetown were put in evidence by the prosecutors, clearly show7ng that the judge himself must have been in consultation with the prosecutor,, and assisting them in getting up the ease. The next step was still more extraordinary. The proceedings, inch as they were, having been brought to a close on that day, in the interval between the bearing and the pronouncing of the decision the Bishop of Capetown called together what he called a " Synod of the Church of South Africa," for the purpose of laying down the rules of the law and the principles of deci sion in the case—rules and principles evidently framed for the purpose of escaping from the ecclesiastical law of Eng land and the decisions which had been authoritatively pro nounced uader it. This synod was composed of the Bishop of Capetown, the Bishop of Grahamstown, and the Bishop of the Orange Free State, who was in the position he had 'heady mentioned. Alter declaring that the church of the province received the doc trines, articled, and formulas of the Church of England, this body said, " The Church of South Africa receives the Eng lish ecclesiastical law only so far as it may serve to remedy and supply manifest defects or omissions in the canon law or in laws framed and enacted by the synods of this church? , Lord Kingsdowa—lt was not a synod of the clergy ! Mr. James—No, it was simply a meeting of the Bishop of Capetown, the Rahop of Grahamstown, and the Bishop of the Orange River. At this penal the Bishop of Natal was still a suffragan bishop, and in full possession of lais functions, but he was not summoned to the meeting. Here they had a judge calling a meeting to communicate the sentence which he was about to pass—for that was done—and taking a note at that meeting upon the sentence. The synod said that should the Bishop of Natal proceed to exercise his functions after the decision was pronounc 1 he would ipso facto be excommunicated, and it would be the duty of the ine.ropoliten, after due admonition to pronounce sentence of excommunication. The resolutions passed at this meet ing were signed by the Bishop of Capetown, the Bishop of Grahamstown, and the Bishop of the Free Orange River, [The arguments were proceeding when we went to prim.] List week (days the Tiverton 141:.ette) a shooting party, coosistmg of the Right Hon. Lord Methuen, the Rev. E. A. Sandford, and Mr. E. A. Stodford, of Xynehead. park, Wellington, killed in two covers, at Pugham, Devon- shire, 90 pheasants, 44 hares. and pantries and rabbits, numberiog about 201.1 head, in the course of a few bouts. The total extent of the two covers is but seven amen, and belongs to the worthy squire of Nyeehowl. UNIrED KlN6Dest PROvIDENr Elwd. Hower, of the Howe, Halstead, Essex, ha. joined the board of the Temperance and General Provident Insti- tution. THE ACTOR AND THE R Et:. —A writer in the Crawl Journal, after giving an account of flmtfi!'s late benefit at the Grand Opera, which produce I him a clear profit of 17.0000., states that he had the curiosity to ask Boulfg by what extraordinary means be had obtained the signal favour of giving his last performance in that theatre. Boutf6 explained the mvs•ery in the following terms :- 1 "In the summer of 1547 1 was performing at Lon ! don with considerable success, and antoug the pieces which found most favour were the Gamin de Ports and Michel l'errin. One evening I hail got through the former, and had retired to my druoing-room. when I heard a knock at the door. 'Caine in, I exclaimed, with some impatience, for I had to transform myself into Michel Perris, and I was afraid the intruder would hinder me, u I had no time to spare. I was pleasantly surprised by the entrance of Count d'Orsay, who hat always been my good friend. secompanied by • gentlemen unknown to me. 'Sly dear artist,' said the Count, • I have taken the liberty to ! bring with me one of my friend,, a Frenchman, who never saw you plan till this evening, and he wishes to thank you for the gratification you have afforded him.' The stranger then eulogised my performance, and added, • Were I not afraid of incommoding you, I would ask permission to re main here while you dress. I have just applauded you in the character of • youth ; I know you are now about to appear as an old man, sod should much like to wituese the mysteries of your wonderful tntaforrna tine.' Count d'Orsay having added his request to the stranger's, I consented, and my metamorphosis was com pleted in lens than a quarter of RO hour, just as • signal summoned me on to the stave. I then turned to my visitors, and said, • Gentlemen, Michel Perrin so ! lutes you.' Count d'Orsoy's friend then thanked Me heartily for having satisfied his curiosity, and we went downstairs together. Before we parted. Count d'Orsay said, in • whisper, 'Should you like to know the tame of your visitor `" and on my replying in the affirmative, be said, • Well. it is Prince Louis Bona parte.' • The late prisoner at Ham? I inquired. ' Himself,' odd the Count. About two mouths since, when I was pre paring for my benefit, • friend raked me wl.etber it was to take place at the Gymnese, and I replied thet I intended to obtain permission for the :rand Opera. 'The Opera!' be exclaimed, ' Are you mad?' In order to realise my design, a•ldressed • petition to the Emperor, and took the liberty of reminding Napoleon 111. of the visit paid to me in LOU' don by Privies Louis Napoleon. The next day but one my petition was sent to the proper partied, with the words, ' For M. Roads, yes ! yes! yes ' written oa the margin io the Emperor's own hand. Aod this is how my benefit took place at the Opera instead of ►t the Gymnast." LAW INTELLIGENCE. (THIS DAY.) COURT OF QUEEN'S BENCH. After Term Nisi Prins Sittings at Gadltall.—(Before Lord Chief Justice Cockburn and Special Jana.) _ COOPER V. H LYBROOL Yr. Perjeant Ballaatine (with whom wee Mr. Kemp) said this was an action upon a bond of a large amount, in which both parties bad oonsidersble reason to complain of a third party. H. had made • suggestion to his learned friends on the other side, which they had thought proper to adopt, viz. a verdict of 2,0001., and that all proosechop both in equity and elsewhere should be put an sod to. Dr. Kenealy (with whom waa Mr. Pearce) emoted. A verdict was than taken by consent upon the terms stated. Mr. D. Seymour, Q.C., Mr. dos. Browne, and Mr. Bailey were counsel for the plaintiff ; Mr. Coleridge, Q.C., and Mr. Sees were counsel for the defendant. Threina .. anZtion to recover the bal;tios of 0,1001. for work and labour dons, and materials supplied in building a railway shed for the Pacha of Egypt. After opening the plaintiffs cue, the action was referred upon terms. The court then took common jury cases, and having cleared the list, adjourned at 12 o'clock. COURT OF PROBATE AND DIVORCE. (Before the Judge Ordinary.) STONE V. STONE AND •ercermi (PART HEARD). _ _ _ The Queen's Advocate and Mr. Lopes, for the petitioner • Mr. Coleridge, Q.C., Dr. Spinks, and Mr. Searle for the respondent. This morning evidence was given for the defence. Mary Summers, a washerwoman, at Bodleigh Salterton, gave evidence to show that it was extremely improbable that the pregnancy of the respondent had commenced before the end of April, 1861. . . . Ann Frost L l -am servant to Mrs. Reiby, a sister of Mrs. Stone. On the 17th of December, 1861, I was sent to Bud leigh &Herten to take are of the respondent. I went with her to Exeter, and was with her daring her confine- meat, and up to the 14th of February. When I first went to her she was in a bad state of health, and in great trouble. Captain Stone was living at Mr. Dean Baker's, but he CAMS from time to time. The confinement took place on the 2nd of January, 1862, at about half-put 4 in the morning. No preparations bad been made for it. It was a very quick 000finement and the baby was a very small weakly one. Mr. Webb came be- tween A and 'J. He examined the child in my presence. It was in my arms, and dressed. The child was baptised soon after its birth because it wee not strong. Mr. North cote did not seethe child till it waa three or font days old. Croon-examined—l have been married 24 year and have bad three children. Mr. Webb said it was a s mall baby, 'gut that he could give no farther evidence about it. He had not then examined it. 1 do not recollect speaking to Mr. Northoote io the kitchen about it oo the day it was born, or telling him that it was a full grown child. I did not go into the room where Mr. and kits. Northcote were, and tell them it was a full-grown child, sod that I was di,. treued about it. I said nothing of the kind. I swear it. I child I never saw one, and if I had known I would have had nothing to do with it." I never said it was a bad job. Re-examined—Mr. Webb examined the baby the day after its birth. He only looked at it io my arms. He did not weigh it. It did not cry as much as I should have expected a full-grown child to do. Ann Marden—l am a monthnue, and I live at Morton Hampstead. I hav e rs children of my own—only ten. (A laugh.) I attended Mn. Stone at her fourth confinement. That child was a very fine one. I bad been in the house six weeks previously. I saw Mrs. Stone at Exeter in February, 1862. She had lately been confined. I was engaged in the last week in December, 1861, for February. Miss Clack engaged me for Mrs. Stone, for the latter end of February, and could have gone to her in that month. It was nearly a month after the child was born that I saw Mrs. Stone. Mrs. Stone requested me to examine the child, and I opened it. (Laughter.) I swear I undressed it, and I thought it was not even then a full grown child. I formed that opinion from its size, colour, and the way it cried. Cross-examined—l think I could tell when a child was a month old whether it was a mature one. I know Dr. Bishop, of Morton. In December, 1861, I saw him, but I did not say to him, " Have you beard the talk about Mm. Stone I never said anything of the kind. Mr Lopes—Dr. °P. t ms h;re l Wtness—l cat help cannot recollect saying, " What do you think of it, sir ?" I cannot recollect his saying, " I cannot give an opinion." I will swear I never said I wiis afraid there was something wrong as I had nursed Mrs. Stone in her confinement. 1 will swear that I never said that Mrs. Stone's conduct then with her medical attendant wee shameful —so mach so that Miss Clack had aevetal times rebuked her. . . Mr. Lopes—Don't be astonished. Witness—But I am astonished. (Laughter.) I will swear I never said that her conduct was shameful. If I said, " What do you think of it, sir" it had reference to a very different subject—it was alluding to • girl named Melanie Green. She was a patient of Mr. Appleton. end I bad said I never liked Mr. Appleton. I considered that Mr. Appleton had treated her ill. I cannot say that Mrs. Stone's name was mentioned; but nothing was said against either of the respondents. I was with a lady in the last week of December, and was leaving about Christmas. I was asked to go to Mrs. William Clack's on the '22nd of January, but I declined to go, for reasons which I had. Re-examined—l never attended Mrs. Clack at all. Me lanie Green was • Morton girl, who had come home ill from Budleigh. She ought never to have been taken out of her bed. I got talking to Dr. Bishop about her, but nothing passed between us of any importance. I think he asked me." How did you like Mr. Appleton ?" and maid, " I saw very little of him, but I did not like his treatment of Melanie Gress." Susan Marks—l was for some time in the service of Captain sod Mrs. Stone. I went there on the 23th of October, 1R39, as nurse. I had pre viously worked for the family before they went abroad. In February and March, 181i1, Mrs. Stone was very ill. Mr. Appleton came almost daily in February. His visits lasted ten minutes or a quarter of an hour. Sometimes he saw her in bed ; but sometimes she was up, though chiefly confined to the house. She was suffering very mach. She had a swelling of her leg, and required it to be bandaged. At first I did it, but I caused her pain, and Mr. Appleton then did it. It required to be done once or twice a week. Mr. Appleton did it twice to show me how. I did not know whether he did it after that, as I did it myself. I used to give her her medicine. (The witness corroborated Mary Sumnera.) I w or heard of the smallest impropriety on the part of the respondent. (The witness flatly corroborated the witness Susan Harris on a point to which nofurther allusion can be made.) I never heard Mrs. Stone talk to Susan Harris about putting away a child. I never gave Mrs. Stone white precipitate mixed in beer, or saw Susan Harris give it her. I never beard Mrs. Stone say that she believed she was preg nant, and that Mr. Appleton would be the father of her child. Susan Harris and I never noticed the length of the co-respondent's visits, or talked of them tog.' thee. Captain Stone asked me to brine some white precipi tate power from Exeter to wash one of the children's head. I never beard of Scion Harris being sent for any. I kept it locked up in my drawer. It was mark e d "P o i son . I never found the door of the dining-room locked while Mr. Appleton was with the respondent. [The case was proceeding when our report left.) COURT OF BANKRUPTCY. ( Before Mr. Commissioner Holroyd.) IN RE THE REV. ca►RLES 11ARVON uILSON.—APPLICATION been settled on a lady named Road. He bad 4 U.,: lamas of the house at 75/. a year, plying lug. tor tho fixtures. The property was there yet He bail been ,n the habit of going to the house occasionally, but h 4.1 not keen there for the last six months. __ Mr. Edward Ilan, accountant, Moorgate.street, was chosen eraditon' aasignee, and the next sitting was app.. f 4 the 27th of Jimmy. CENTRAL CRIMINAL COI:la (THIS DAY.) (Before Baron Pigott.) _ . Alfred Pumas Janson, 22, jeweller, was tried up'.. , ~ . indictment charging him with the wilful murder of t :...... Ploughman Roberta. Mr. Grantham prosecuted, and Mr. Sleigh app - . ! • the prisoner. The facts of this case have been very recently le t i • public, and it appeared that the prisoner and the were employed at the workshop of Mr. French, a r.. _ .: . taring jewellw, carrying on buiners at No. 1, Ni,s ~.., street, Clerkenirell, the former as a workman sad the !." • as an apprentice. The men were in the habit of stn.. to work after the usual business boors, and were pa.: overtime accordingly. At 7 o'clock in the • ...... which was the time for leaving otf wroli, • . door of a passage through which the men : • to pass, on leaving the workshop, to go throu.;'. ..,.. house, was fastened, and those who stayed after ti., i. • had to be let through by some one in the house. • . .. evening of the 24th of November. the pr,sn,-. • deceued, and three other men stopped to work or. r.: and two of them left at 8 o'clock and one steppe: 10 o'clock. Up to that time it appeared the prisone, :. not passed through the house About half-put : . , .. ness, named Edward Thomson, who resided in a ho, ... side of Mr. French's, and whose back window looked .., • the workshop, heard some cries of distress. &oil open. ! . window, and then heard a cry of "Murder:" wine. ... from the door of Mr. French's workshop, where •.• i was a light burning. He looked that way and saw • , leave the door having what appeared to Le a at , his hand. He saw the man go op the garden : ,-,, .. the witness's window and get on the wall, an ! .. the man jumped down he heard something fa:l o:. sounded like a stick. At the time the alas gut o:.::. i , he was 12 feet from Thomson's window, and as he _ the light from the workshop shone on his f.ice. and :L. .. , ness saw it was the prisoner, whom be knew by sigh.. i having seen him at Mr. French's. Mr. Frov . . had also heard the cries, went into tl.c .. . . but having to unbar the door, the porson . o committed the act had got away. I . lion _ .., to the workshop, where they were joined • by the v ••.... Thomson, they found the deceased in a leaning ; . • - against the door, bleeding very mach and in a viarr rc,,, state. He was taken indoors and a surgeon tont f r. ordered him to be conveyed to the hospital, when': Lo ...., at about half-past 3 the morning after. At the spot sh. j ., the witness Thomson saw the man, whom he sail w - ti. ! prisoner, get over the wall, a heavy broom Ira., fo- + .. I I . which was besmeared with blood. During the r,E: one of the witnesses went with a police-coot, , the house house of the prisoner and found him in bud. 11. s,_ told be would be charged with a violent Luau:: .. .:. the deceased, and he denied it. The prisoner s-aill. • ....:.. the workshop with one of the other workmen ; but ..ft,r muds said that was a mistake, he left by bittiiiel!. ,rd through the house, the door being open. It ai,.....,r,d, ro s s:Ver, that it would be hardly possible, even if : -e 1 ~ were not fastened, for any person to pass through t' . 7. Lo sage without being heard, as the door is a very he M.*. It appeared that the deceased had been in the h,-.. lending money to Lis fellow-workmen from tittle to -... .., more especially to the primmer. and had several prop ..suiy notes in the prisoner's handwriting for sums lent 1 . Li:i. which he kept in his pocket-book ; but when decea....l IL, found the pocket-book was missing. There was al., s-ve evidence that some jewellery, at which deceased ..v.a at work, was missed after deceased was taken to the Liipital. The evidence for the prosecution hae:cg cloud, Mr. Sleigh proceeded to address the jury on beh.ilf .-f Li. prisoner, and at the outset complained of the To-J.lle which has been sought to he imported into the cSe by those who had got up this prosecution and who had in structed the learned counsel on the other aide,by intirnatiug that the prisoner bas been induced to commit the act ir.,; -.teal to him in order to possess himself of the property of the de. ceased. For this insinuation not a tittle of evi dence had been produced. The prisoner's how.. ace/ boxes had been ransacked, and no traces of the property alleged to be missing had been disci ; irsl. The learned counsel proceeded to scrutinise the evile-ce, and contended that the identity of the prisoner is LariD been seen emceeing over the wall had not heeu satisfactorily established. If, however, the jury should be of a contrary opinion, and think that it was the le..cd of the prisoner by which the fatal blow had been inflicted, still be submitted to the humans consideration of the jury that sa there was a total absence of any existing dispute between the prisoner and the deceased, or of any midi.° existing in the mind of the former towards the latter, the jury might well adopt the milder courws of saying that the offence emeriti of manslaughter endue' of wilful murder. The question was undoubtedly one of great gravity in all respects, and he committed it to the grave, impartial, and mime judiced consideration of the jury. Several witnesses gave the prisoner an excellent character. The jury returned a verdict of if , 1117 ,, • ih , er, and the prisoner was sentenced by Baron Pigott to penal servitude for life. THE POLICE COURTS. (THIS DAY.) WEiTIIINSTER. • F►RSIFR'S WIFE'S ADVENTURE 3 :N LONDON. _ ._.._..__ Mrs. Ela,,l.ath Cri,Jl, *very respectably.dreesed middle aged woman, was charged with being druos and incapable. The police stated that on the previrms evening ane was found in Montpelier-square in a date of drunkenness with a cab containing a great deal of luggage. The defendant, in • strong Soniereetsbire dialect, aid she considered herself most unfortumae in what had befallen her and brought ber to this court. Being anxious to see her daughter,who was in London, she had come up yes. terday by the South Western Railway and fell into her present scrape from want of food. She had bad nothing to eat on Ler journey of • hundred and seventy miles, and at its con chunou found herself in want of something. In her anxiety to see her daughter without loss of time, she had called • cab at the railway station, and instead of going anywhere for refrusliment told the driver to get her • shilling's worth of brandy, which she drank part of and gave the cabman the remainder. She had DO sooner taken it than she begiu to feel it was taking effect upon her, and when she got to whale her daughter was in a family in Montpelier-11litre she bad become ao insensible that they would not let her see her daughter, and when she recovered her faculties she found herself in the station. Mr. Arnold asked her condition in lifo. Defendant replied she was a respectabie farmer's wda She was perfectly unused to spirits. lospector Holden said that abe had brought some tine live fowls soda great de , il of other luggage with her. Mr. Arnold fined her 2s. fal. %WEATHER REPORT.-(THIS DAY.) WEDXF.SDAT, DrcExam 14. 8 A.M. LATEST INTELLIGENCZ. (inniel Tazoaams.) AMERICA. ARRIVAL OF THE NOVA SCOTIAN. The Montreal Ocean Company's steamer Nova Scotian, from Portland on the 3rd inst., arrived at Greencastle at 6 a.m. to-day. (VIA Griswold.U.) NEW YORK, Dec. 2, Emma. _ . . , General Schofield reports that on the 30th ult. he repulsed a heavy and persistent attack on Frank lin by two corps of Hood's army. The engage ment lasted from the afternoon till after dark. Hood was repulsed at all points with a loss of probably 5,000 to 0,000 men. The Fede ral loss was one-fourth of that number. 1,000 Confederate prisoners were captured. On the night of the 30th Schofield retired from Franklin and formed a line of battle three miles south of Nash ville. On the morning of the Ist Hood's cavalry crossed the river above Franklin, closely following the Federts towards Nashville. Heavy skirmishing and a general engagement was expected. Reinforce ments were arriving at Nashville, and the troops and government employes were under aims in the fortifications and trenches. Unofficial accounts represent that in the battle of the 30th ult., in the first charge of Hood's troops, the Federal" were driven back, but rallied and counter - charged the Confederates, who had crossed over the Federal lines. The Federate then swung round on the Confederate flank and drove them back in confusion. Some despatches esti mate the Confederate loss at 3,000 men. Grant reports that the Richmund Examinfr of yesterday admits that Sherinan had crossed the Oconnee River, and would succeed in reaching the seacoast. Richmond papers of the 29th ult. assert that it was well known in Richmond for several days that Sherman was baffled in his attempts to penetrate Georgia. He neither captured Macon nor threat ened Augusta since. During the last week he was unable to advance ten miles, being harassed on his flank and rear, and manfully resisted in front, and forced to avoid all important towns. Augusta papers of the 26th reiterate that Sher man had been repulscl in crossing the Oconee river. Beauregard and Johnston were in Augusta on the 23rd. Bragg has left Wilmington for Augusta with a large force. A heavy Confederate force is concentrating from all quarters at Augusta. It is reported that Burnside has sailed from Fort Monroe with 20,000 men to meet Sherman. General Grant despatchrd Gregg's cavalry on a reconnaissance to ascertain if Lee was sending troops south. Gregg captured and destroyed Stoney Creek station and a quantity of stores, and after wards retreated, followed by the Confederates, towards the Federal camp. He obtained no informa tion of troops passing southward. Resolutions have been submitted in the Con federate Congress, to the effect that the South would, if shortly recognised by the North, unite with the North in maintaining the Monroe doctrine. If recognition was delayed the South would abandon the Monroe doctrine in exchange for material advantages for herself. The steamer North Star, from Aspinwall, with I,ooo,ooodollars in specie, has been long overdue here. The China has arrived out. COMMERCIAL INTELLIGENCE xEN YORK. Ditc. 2, Ens-non. Money easy. Gold, 231: Exchange on London, 252 ; on Paris, 2.81 to 2.131. Stocks dull. New York Centrals, 120 ; Illinois, 1291 ; Erie, 93 ; 5-20 Bonds, 107 i. NEW YORK, Ore. 3. There is no later war news. Holt has declined the Attorney-Generalship. General Washburn has promulgated an order requiring a tax of half per cent. per month to be levied and collected on all persons at Memphis who are in an► way exempt from 'military duty and hold trade permits. The funds thus raised are to be devoted to defraying the expenses of the militia and paying for a permanent guard for each regiment. The districts of West Tennessee and Vicksburg have been placed under the command of General Dana with bead-quarters at Vicksburg. He Las ordered the traders in Vicksburg and Natchez to ship north all the cloths and cotton cards re maining in their hands under pain of confiscation. An attempt to escape was made by 13,000 Federals, at Salisbury, North Carolina, but was frustrated. COMMERCIAL INTELLIGENCE. Gold, 229. Flour sc. to 10c. lower: Wheat, le. lower. Sales unimportant. Corn declining. Provisions declining. MEXICO. Advices from 31exicu, published in the New York papers, state that on the 13th ult. the French landed troops at Mazatlan, and took possession of the town, which had been evacuated on the previous night. Alvarez had defeated the imperial forces and was marching on Acapulco. FRANCE. PARIS, DEC. 14. The Monitemr of this morning publishes the treaty of commerce concluded between France and Switzerland. An imperial decree orders that from the IA of January next the transfer dues imposed by the law of 1857 on foreign companies shall be levied upon half the capital represented by shares, and upon the whole amount of obligations. INTERNATIONAL CONTROL OF THE DANUBE. CONSTANTINOPLE, Dn. 13. The Porte has accepted the proposition, pre viously refused, for the appointment of a commis sion by the Great Powers to place the police of the Danube under international control. PORTUGAL. PAIIN, Dec. 14. A telegram has been received here from Lisbon dated 12th inst., announcing that the Minister of Marine had resigned. It was also asserted that a similar step bad been taken by the Meister of Public Works. SLAUGHTER IN ALGERIA. A letter from Algiers Nays :—" General Deligny, who had gone in search of the great Arab emigra tion, estimated to amount in number to 20,000 and 200,000 head of cattle, had driven it back into the Desert, where it had suffered immense los4es from want of water. From 5,000 to 6,000 insurgents, worn out from hunger and thirst, have alrea•ly sur rendered unconditionally, after having lost all their flocks in the midst of the sands. Such of the insur pats who remain cannot escape, owing to the facility given to following their track by the dead bodies which they left on their route." FOR RELEASE. The bankrupt. who was gssetted Yesterday, was rector of the parish of White Robing. in FASO; but his living hes hems placed und-r sequestration, and the bankrupt has been sometime in custody. His debts are stated at between 6,00 d. and 7.000!. He now applied for his release from custody. there was no opposition, and the release was ordered. - _ _ (Before Mr. Registrar Brougham.) IN RI: JAMES HALL.-11EAN Y FAILURE. This won a sitting for choice of le , eigoees in the Matter of James Hall. of Addisoo.road. Kensington, builder. The utsecured debts amount to 122,134/., and there is also owing to creditors holding security, 199,594 f., making the total liabilities 321,72 , 1 f. The property consists of freehold sod leasehold diode and houses in the neighbourhood of Kensington. and is of a vary valuoble description. It is expected that with care in the managemeat, a very con siderable surplus will remain for the unsecured creditor.. Messrs. Lowrance, Hews, and Boyer are the solicitors under the bankruptcy. The acoonnts, which are of a very voluminous character, are in the course of preparation by Messrs. /fort Brothers and Boyles. I'mole to a large amount were tendered. One for 90,0001. was made by the executors of Mr. Morgan, deceased, who had lent a large amount to the bankrupt without security. Mr. Bagley stated that this proof, which was founded on two judgments, bad been properly investigated by the official assignee. . . Mr. Linklater said that. under those circumstances, he did not think it necessary to exam:oe the baalrupt„ Mr. Lawrence said that, for the satisfaction of the other creditors. be had thought it necessary to place this proof is the bands of the official assignee some days before this meethn. It was a fact that adrances had beets made to the large amount of 90.0001., for which the cheques bad been produced, and that no security whatever had been taken except some bonds. Mr. Linklater suggested that the proof should stand over for further investigation. It was possible the case might he taken out of court before toe next sitting. Mr. Lawrence said there was no probability of this. as there was no one in a position to make a proposal. The unsecured creditors were quite io the hands of the mortis. gees. for there vs. not a scrap of nnsocured property except the household furniture. Mr. Hall himself was extremely sanguine that by the realisation of the property sufficient would be obtaioed for the payment of the unsecured cre ditors in full. The bankrupt vu osantiosd, and stated that this property io Eastbourotsbouss belooned to bin. The furniture in Wilton-house, purcbsood eight oacoths ago for 4001., had THUlts , tsr, OM SeRTHUJ TRIPIV. ENE to s 4,W , trrth Co*,. I:. t , : to strong, tale In moderate. nith As st.ove. Wrath F r. to a w. ' e • Atr,,g to to! , ,t.. ails It..mt i r t. !kw. to 5.W.... t. irt 'II to m , •I• r.itt . NE. to N.W and S.W., Itorrnmut strong to fresh, rain in plates. S.C. to N.E. an.l N strong, a gale in placts some rain. Nortnern , ..Scotiind- Western=lreland We... and lON' sontoeru= Cnnaned and tiny at liosisarr. bast<fl =Eastward Inglagui sot N.,rth son. anEnz. N. to F.. au I - str to us, LIFYBOAT SERVICES. -- PEN‘ , ON, AN , : f.1:•-1 1. 0 TUESDAY Nis:Hr.—About 1130 4.113. Oa Sunday (wrlto Rnbert Wynne Jones. Doi.). a signal of distress sae ob served hoisted on a sin irk to the westward of the I iutcb• man's Bank. It was then blowing a have gale (son, o.W. The crew of the lifeboat of the National Institution stationed here were at once mustered cud the boat launched. WI• 114 , , proceeding to the assistance of th e vessel, another vow! smack, about a quarter of a mile to windwanl of the first. hoisted a sigma' of distress. and the lifeboat went slongsido her and took off her mew of two men. She then west aloogside the other smack, sod took her crew of there men into the lifeboat. As the host ceold not reach the Ant Or.• F shore, she landed on the east end of Puffin Island, and remaioed there until the weather moderated. The some of the first smack was the Speedwell, of Carcariom : and the wooed the Pearl, of Carnarvon. Both vessels weathered out the gale, and the crews were put on board again by the pilot's boat next auweies. B. 7. N• 14111 abseils= ....th al 441 &E. Ardrosesa 29.33 43' L N.? I Grisanciwtlii 29.52 46' Galway V 14144411 Cape Clear 2:114 1l N L 41.Leinamor4 29.47 4; L.N.E. Liverpool liolybesd 29.4.744 E. N.E. Pembroke 29.7143 E.N.E. Plll2/111109 .. 29.69 4 ; Z. L'Orient .9.53 39 N. ocheifort Plymouth we) ru•97th • 71 64 E.X.Z. Yon...mak. 24 71 42 4.. i; 79 :17. H. Yarmouth 7 , 42 B . E. icaulmr..o4l• 29 -3 41 11 ihtelds 30.07 31 ..E. London . F. Fs D. I. K 1 2 E. 5 1 3 V c 1 re • 0.11 3 re 1 0.14 3 ru .v. 15 co , S 5 1 11 1-S. G 1 2 A. b , :1 4 2 3 ' / 11 1 5 co t; 3 2 3 It •• • ; 1 4 6 I-S. E. 6 3 1 8 • s.s.E. rm •. :3 4 O 8• $ c 3 4 6 • s.S E. cl 3 3 S. • 4 r 2• 5 1 7 S. E. cm 0.7: 1 1 5 V.. om 1 rm I 2 • 3' B.G um - 3 6 43.8. E. •'.2. 4 S S. E. m • 3 5. s s 2 7 S. E. N 3 7 sE. b - 7 i I a c m. $Dc 2p div. vial Li w i ll icc ret _ Th tet l►t Sin or(