The Express. — London, England, 1862-11-04 00:00:00

NOW PERPOZILING WITH unarm SIIOCISS AT TRI ROYAL /MUSH on S,PILL 00VISTAAULDIN. THS NEW L 0 v 2'B ------- T R I Cr M P H. An Opera, to Three Acts. The LIBRETTO written by J. Z. MANCHE. The MUSIC composed by W. VINCENT WALLACL Prins Two Guineas. No. ACT I. Voice. Price, Overture 1. Introduction 6 Chorue—"Hlther, hither, hasten all" 2. hoer—" My poor pang Mead" .. 9 Tenon IL Roinanza—" Though all too poor" Tenor 3a. fTransposed) 6. Chorus and Solo—" Long lite to her Highness" 6. Ballet —Romanesca 2 6 6. Trio— . A nmple Cymon" Soprano& itTenors 6 0 I. Quintet and Chorus—" Mount end away" B. C. and 2 Tenors 6 0 8 Aria—" Patience ! prudence !". Tenor S 0 9. Air—" Wayward fortune" 10. Ptuale—" Help, help" . __ .. AO2 IL 101. Introduction I 0 11. Rondo—" I'm a model page" .. Contralto 12. Trlo—" Welcome, welcome" C. and 2 Baseto 3 6 13. G rand Smut—. 0 rank, thou bad thy shackles " 13a. Alr from Scena—" !low lianot • "talon " 14. Duet, — " Al iu a dream I wander" Soprano smiTenor II 0 lb. Finale—" We are glad to see" (Complete) `l6O. Part Bong— " Carlo for Clews d 711 13" ACT 111. 16. Introduction and AirZ l7 linve brought my daughter" Baas 17. Ballad " Those withered Soprano 2 6 I& Deo—" To the secret" Soprano andlenor 4 0 10. Ballad- - Lovely, loving, and beloved" 20. Sestetto—" lo mystery shrouded" S.C. T.and 3 Buses 6 0 TI. Recit. and Alr—" Bight, love, is creeping" Tenor 2 6 21a. Air (Transposed) 2.1. Duet—. Hear me, I must speak " Sopeanoand Tenor 3 6 0 23. Fautle—" All to the ball" • Separate Vocal Parte are published. PIANOFORTZ Favourite Airs from Wallace's Opera, Love's Triumph," arranged by W. H. Calkott, to two Books ; Solos, be., _Duets 6 0 /tate Accompanhaeot to each Beek Berger (Francesco)—Fantaala Glover (Cherie, !:11ght, love, Is atropin" Osborne (G. A.)—Feotaels - _ 4 licher& (B.)—"Those withered Sowers" Fazdasta 4 3chulthes (Wilhelm)—Roroseemea leterstesee Trekell (J. Thadore)—Plataids . . . .. ... 4 "Lovely, loving, and beloved" S " Night, love, is =aping" Quadrille—" Lore's Triumph," arr. by C. Conte, Illustrated 4 Vase— Ditto ditto Illustrated 4 Oalop— Ditto ditto Illustrated 4 The Page Polka—Ditto ditto Ilitudrated 3 Grand Selection for Military Band, by C. Godfrey, sea lb .... Other aryangementa In the pie's : ... Addle - oii - i - mriii, - 17,g - n - et, w. HARM ON lIIMS.-NEW MODEL GRAYER, BEALE, and WOOD, WO, Regent- net. PARIS FIRST CLASS Lad LONDON FRIZZ MEDALS. WATHERSTON and WV/GMT, GOLDSMITHS and JEWELLERS Msanfactory, IS Menriettoeotreet, Covent-garden, W.C., London, R.B.This establishment to closed at lln the evening, and on IlstordAys at I o'clock. IN FUN THIS WEEK, One Penny, Lord Robert Montague. Abnanack and Diary. Prise Eaaaya Comic Encyclopedia. A Young Married Lady. Songs for the Throng, de., &c. Now ready, handsomely bound In Magenta cloth, gilt, price ea. ed.: ti. to., THE SECOND HALF-VCITIV VOLUIIi as FUN, with nu- Mete= Engravings by talented artists, and articles by di*- , tinguished writers. The First Volume, uniform with the Second Volume, on We. Mee, SD, Yleeteggeet ghe erisrego. TO . COT!.WPOWDZIPTS. Ldvertbements intended for . - Tbe Sproul" London Waft" Payer, roost be at the oleo, 10, Bouvertteetreet, by Two o clock on the day of publication. COVENT GARDEN. THIS Evrypin, MARITANA. Iddlle. Pampa, Mks Blume Pyne. and 3lrs. A. Cook : Messrs. W. H. Weiss, H. Coni, A. Cook, E. Dussek, J. Rouse, sad W. Harrison.—Conductor, 81r. A. Nlellou.—Commence at 8. HAYMARCI7, Tim ItTelma, A Dm:Wins TO MARRY. MIAs E Romer. e-OUP. AMERICAS COUSIN. Items Bothers. Rsekatone ; Mrs E. Fitzvnillam.—DUCK HUNTING. Mrs Wilkins—And JACKS ESTER). FROM CANTON. The laciness. PRINCESS'S. TIRTS EVINING, TIME TRIES ALL. Moms. Stephens and H. Vain Mimes Aylmer and Mcwray.—And THE HUNCH BACK. Messrs. H. Marston, H. Vesta, R. Rosby, Shore, and H. Cathcart: Mimes M. °User and Amy Sedgwick. BRITANNIA. THIS Emma, CAST ON THE MERCY OF THE WORLD. Mrs. S. Lane.—Sloging by Mesas. Randall and Plunipton. Miss H. Covens).—Dancing by Mdlle. C. Stephan.—And HEARTS OF OAIL. Mr. J. C. Bird and Miss M. Lacey. HIGH WAS/LSAT LONDON SMOGS. its DA 35m. TO-ZOOROW—MORIOL ii. On.....llflerasoo. lh. !Om LONDON, TUESDAY, NOVEMBER 4. Ir is evident now that the country is awaken ing from day to day to a sense of the appalling condition of the Lancashire people ; but the march of the calamity is more rapid still than the awakening. What can be done to hasten the fair measuring of our strength with the demand upon it Let every one who comprehends the actual case set to work without a moment's delay to make everybody within his reach comprehend it too. The Irish famine was not so long ago that we can have forgotten the signs and tokens of the coming of the inevitable fever. Do we not re member how neighbour looked twice at each other before they were sure whom they were speaking to, from the change in the expression of the face caused by hunger 1 Do we not remember the spectacle of the donkey-load of little ch'drer, too weak to walk, who were in panniers on each side, looking out like birds from a neat, and cer tainly like nothing human—their hands like claws, their eyes starting, and their sunken cheeks thickly covered with yellow down—the monstrous product of hunger ? We need not go on. It is enough to say that this is what the Lancashire children will look like, and their parents, too, if we do not see to it that they are better fed and warmed than they are now. And the hovering fever will pounce upon them, and carry them off by thousands, if we do not instantly inter cept it. There is typhus fever raging at Preston now ; there is low fever spreading at Wigan ; and everywhere in the distressed district there is the low condition of body—the chill, weakly temperament and depressed nerve— which precedes the fever as surely u the grey, chill of the air precedes the snowstorm on their own hills. For a long time past the people have been insufficiently fed. One of the main suffer ings from hunger is the cold which it produces. Food is warmth ; and now, just when the people are chill from that cause, they have no means of keeping themselves warm in the ordinary way. They are thinly clad, and they have no bedding in which they can get warm enough to sleep. The clothing process seems to be going on better than any other part of the relief. It is impossible to do too much, but the provision of clothing is in creasing, we trust, rapidly. The main point is the food. We must remember that these people are not like the potato-eating Irish of aixteen years ago. The Irish had lived all their lives on potatoes and butter-milk, and, as the doctors add, fresh air. The Lancashire operatives have lived in plenty, and have been noted for their free expenditure on food. Throughout the country our mechanics and operatives are regarded as the great eaters, and the class who make the greatest point of their food being not only plentiful but luxurious. The air and work of the factory have something to do with this ; but, whatever the causes, the fact should make us consider the evil and danger in their case of a sudden change and a protracted decline into a state of semi-starvation. The nation has had many months' warning, and now the peril is upon us. We shall not escape with impunity now, whatever Whatever view is taken as to the best way of supplying the need, the fact which all England has now to proceed upon is, that the Lancashire suf ferers are under-fed, that their allowances are not enough for their needs, when individually received and spent. No leas clear is the prospect of a great sickness and mortality if a plan of good diet is not immediately instituted. Sufficient clothing and bedding must be provided also ; but the most ' urgent necessity is a sufficiency of food, eaten in comfort and with • relish. Do let us try wnether we cannot accomplish this as a free-will work at least as well as a dictator or a Parliament could do it. Or Court. OSBORNE. Nov. 3. The Grand Duke of Baden left Osborne this morning, and visited Portsmouth Dockyard on his way to London. Earl Granville and Lord Stanley of Alderley returned to town on Saturday evening from Osborne, Isle of Wight. Despatches were sent yesterday from the Colonial-office to the Governors of Malta, Gibraltar, Ceylon, Hong Kong, and Labuan. The Duke of Devonshire and Lady Louisa Caven dish arrived at Chatsworth yesterday from Hardwick Hall, Derbyshire. The Marquis of Hartiogton was expected at Chatsworth yesterday from Canada. The Duke of Newcastle has arrived at Thomas's Hotel, Berkeley-pure, from Clamber Park, Nottingham sh've. The Duchess of Grafton has arrived at the family mansion in Piccadilly, from Easton Ball, Thetford, No. - folk. His gr. *is staying at Wakefield Lodge. The Earl and Countess of Craven left Charles street yesterday for their seat, Coombe Abbey, near Coven try, for a few days. The Ladies Craven have left town for Ashdown° Park, Berks. The Earl of Chesterfield, the Earl of Glasgow, the Earl of Wincb;lses, the Doke and Duchess de Coigny, and Mr. Hughes of Kinmel have arrived at the St. George's Hotel. Lord Stanley of Alderley Las left town for Alder• ley Perk, Chesbire. Lord and Lady Abercromby have arrived at Thomas's Hotel, Berkeley-square, from Paris. Lord and Lady Ashburton will leave Bath House to-morrow morning on a 000tinental tour. Lord Frederick Cavendish left Devonshire House yesterday for Chatsworth. Derbyshire. Lady Fitz-Herbert and Miss Fitz-Herbert have arrived at Farranee's Hotel. from Tissiegton flail, Ash bourne. The Right Hon. Laurence Sulivan and the Misses &liven, and Mr. Denby Seymour, M.P., bare ar rived in town from visiting Viscount and Viscountess Pabnerstan at BreaMande. It is reported—we cannot say upon what autho rity—that Lord Elgin is about to return to England, and that the Duke of Argyll is to nomad him. At a meeting at Exeter, for the relief of the dis tress in Lancashire, the Duke of Somerset adverted to the war in America, and spoke apologetically for both parties, reminding the meeting that even if the two parties wished to put an end to the war the question of boundary would be a serious difficulty in their way. He hoped, however, that the war would be at an sod before another winter, and in the meantime it was for Englishmen to show their national unity by subscribing liberally to the relief of the distressed. Brighton had a meeting yesterday to raise funds for the relief of Lancashire distress. Both the members for the borough, Mr. Conyngham and Mr. White, were present, and made speeches in support of the resolutions for raising funds. " S. G. 0." observes that if northern want is left to the present IMMIX of supply, it will assume features too frightful to contemplate :—" In the exercise of what I believe to be true charity, I entreat the benevolent of every class to calmly contemplate the possible exigencies of the coming winter. A prudent, foreseeing economy in every household from which God in goodness has kept all knowledge of real want, at once adopted, will find us pre pared to do our duty to north and south. Never shall we regret any sacrifloe which leave, to us the power of helping to the last of the crisis the poor mill hands, and this with power still lett to fulfil every charitable duty nearer home, We (Times) regret to learn that there is only the very slightest foundation for the report lof Mies Night ingale's restoration to health. She is able to remove from one place of residence to another—a very few miles—once a year, bat she is scarcely able to leave her bed in the intervals, and quite unable to struggle with the flood of corrwqmodenoe sod applications of all kinds which the re port of her partial recovery has brought upon her. W. to N. freeh to BOOTLAID. moderate. As above. LILA= &W. to W.N.W., W. CENTRAL. fresh to moderate. AA next above. &W.ItataLAND. AS above. && I:Neu= N.W. to N.E., mode- E. extatrr. rate, floe. THORSDAT. N.W. to N.&, mode- N.N.W. toKN.E. mo- _...., _... aerate tone. W.N. W. to N.N.L, moderate to floe. Ai nest above. As above. N.N.W. to Z.N.E.,mo desste, Ana The kingdom of Greece is the fifth monarchy which has disappeared during the last few years. King Otho represents the tenth sovereign family sent into exile following the Wass of Sweden, the Bourbons of Spain, those of Naples and Parma, the house of Este of Modena, that of Dori Pedro in Portugal, the Bourbons of France, the d'Orleans, the Grand Ducal family of Tuscany. These ten families reckon more than 90 members, without including the husbands and wives belonging to other sovereign houses. Prince Freilerick William and the Princess Royal I have made during their excursion a voyage to Tunis. Their royal bighneues intended to pass many days at Naples. The New York Tribune of the 20th ult, says : " A great sensation was created among the Freemasons of Connecticut a few days ago, occasioned by Mr. Charles Stratton, alias General Tom Thumb, being initiated, passed, and raised to the sublime dogma of a master mason in St. John's Lodge, No. I, of Bridgeport. The hall was crowded to excess to witness the interesting ceremonies. It is des to the general's reputation to state that he bore the trials, mentally and physicaUy, in a manner that would have re flected honour on a greater man. The Freemasons boast that men of the highest social position and greatest talent have been enrolled in their institution, but we doubt whether their records will show another so small a specimen of humanity entitled to be greeted u a brother. The general announces his intention of joining the Knighte Template at • convenient sauce." The next steamers from America to arrive are the Ream sod City of New York from New York, and the Hiberelas, all of which were to leave cm the 25th of October. "Although the examination of the wound by the finger and the probe was rendered incomplete through the pain occasioned to the patient, and failed to establish the presence of the projectile, yet from the critical signs obtained by examination and otherwise, it is the present opinion of the doctors assembled in consultation that the ball exists in the wound. "It will therefore be necessary to repeat the exa mination at a more opportune moment, and de termine the precise position of the ball ; and, if possible, extract it without occasioning dangerous consequences or serious lesions. At present the case calls for no surgical operation whatever." Dr. Pirakoff, one of the first operating surgeons in Russia—well known for a great operation which bears his name, a partial removal of the foot—saw the case to-day with Mr. Partridge ; and as M. Pirakoll s experience was acquired by the treat ment of several thousand gunshot' injuries in the Crimea, it must be admitted that no more valu able assistance could present itself than his advice. He concurs completely with Dr. Partridge, not alone as to the nature of the case, but in every detail of the treatment. He advises a total absence of all interference by the knife, cold water dressings to the wound, more fresh air for the sick man, and fewer visitors. Generous diet, tranquillity, and less of that sympathy which takes a personal form and manifests itself in hand-squeezings and tears, and I have heard sometimes in kisses. These both the English and the Rus sian surgeon are disposed to regard as preju dicial to the General's recovery, and entreat that for the future they may be discontinued. Mr. Partridge leaves to-night, in weather as fearfully stormy and threatening as that he arrived in. He carries with him every good wish of those who sur round Garibaldi, and who, with all the jealousy of foreign interference, are yet far from insensible to the delicacy and tact of a consummate surgeon and an accomplished gentleman. ()SON OUR OWN CORRISPONDENT.) TURIN, Ocr. 31. Professor Ndlaton brought with him to Turin a letter from M. Drouyn de Lhuys to M. Benedetti, with urgent instructions to the re presentative of France to make such arrange ments that M. Nelaton might, without loss of time, visit the most popular man of the day, and give him the benefit of his extraordinary skill. It wal no doubt surprise you that a minister so devoid of liberal ideas, and so much opposed to Italian unity, should manifest so much sympathy with one who has devoted his life to the accomplishment of this unity. The enigma is, however, explained as follows :—M. Drouyn de Lhuys was at Monte Video when Garibaldi filled that part of the New world with the fame of his heroic achievements in favour of liberty. He had the op portunity of taking a near view of this great Italian, who, though calm and gentle in private life, was like a lion on the field of battle. What he then saw made a deep impression on his mind and though his opinions are now widely different from those of Garibaldi, he remembers former times and former occurrences with a pleasure that he does not attempt to conceaL Count Walewaki, also, was under the bewitching influence of Geri baldi's heroism and virtue in America. "Gastronomists," says Ga/ignani, " will be glad to hear that truffles are unusually abundant this year. In the market at Perigoeux, a few days back, they were sold at the unusually low prim of 21r. a pound. Speaking of this aristocratic sertoeing, it reminds one of the Brilist-Savarin's maxim on the subject, although altogether too selfish for general taste :—' To sojoy • trollied turkey the company should not exceed two—the turkey and yourself.'" This was an action to recover damages in consequeoce of some oats having been badly stowed on board the ship Imperial, and consequently injured. At the trial at Guild hall the jury found fur the plaintiff for 1321. Mr. Serjeant She, now move d for a noosnit, and said that the oats were stowed by stevedores employed by the plain. tiffs, but who were udder the orders of the master. The learned counsel refin.ed at length to the tetras of the charter-party, and contended that the defendants were not liable for the damage done. Rule granted. THREE TOWNS BRITISH MUTUAL DEPOSIT LOAN SOCIETY (LIMITED) V. D 0141: ♦ND OTHERS. —CONSTRUCTION OF • BOND. _ _ This was an action upon a bond given to secure a loan, and at the trial before the county court judge at East &alehouse the verdict wu for the plaintiff for 211. Mr. Thrupp now moved for a rule to increase the damages by adding 11. 7s. fid., and said that although the amount in question was small, the principle involved was of importance, inasmuch as the secretory bad many bonds which were in the same terms, and the ques tion was what they _ were entitled to charge under them. This bond provided that payment should be made by payments of 11. 7s. a month, and that in case of default there should be a payment of la. for each and every pound of such monthly instalments in arrow. The county court judge held that the society was only entitled to ls. for each whole pound in arfear, and were to have nothing for any fraction of a pound. The secretary, however, claimed to be paid proportionally for fractions of a pound, and wished for the opinions of their lordships upon the matter. The court was of opinion that the county court judg e was right in his construction of the bond. Hule refused. IL ....1.1i111Mm.....••.. we may do ; but what we may do to-day may save lives which will be lost if we wait till to-morrow. What does the waiting meant Here are hun dreds of thousands of poisons imallielently fed, while there is plenty of food in the• country, and while nobody has the least dodo* that thetieas plenty of money ready to buy it with, for the benefit of Lancashire. We need but look at Lan cashire to see that there are plenty of devoted men and women ready to administer the supply. What is the hindrance ? Have we not had enough of being too late t of being awkward and clumsy in our ways, so as to waste as much as we administer Is not the loss of our first army in the Crimea a lemon which should serve for all time against the evil of mismanagement of the commissariat funo lion, whether at home or abroad, in peace or in war I Let ua at once look upon the Lancashire case as that of a vast army which it is the national Waimea to sustain in health and energy, and our Crimean associations may perhaps stimulate us— not only to generosity, for there is probably no lack of that, but to good sense and good method while method may yet be available. The first need is of money. We seem to be generally agreed that it is unnecessay, and that it would be a grave mistake, to look to the Con solidated Fund for supplies. Our own belief ii that the money may be had to any needful amount, and more quickly, and that it will be spent to much better purpose, by voluntary contribution than by an) ;ling that Parliament can do. But then we must not go on in the ragged style which is our usual fault and discredit on occasions of emergency. We must organize our levy of money first, and our administration of it next. LATEST INTELLIQENOF. ITALY. GB.XICE. "We learn," says the indipeadance, "that the court of Munich intends invoking in its favour the provisions of the Loadon protocol of the 26th No vember, 1832, which guaranteed the B arar • an dynasty the succession to the throne of Greece. But to that succession are attached conditions which the relations of King Otho capable of suc ceeding him have always refused to fulfil ; and were it not so, it is hardly probable that the great powers of Europe, who alveady decFne to interfere in Greece so long as the revolution which has just b ro k e n out does not compromise peace in the East, will be disposed to declare war against that country to maintain the my doubtful rights of a foreibe family." THE CONSULTATION ON GARIBALDI. vim on smut onueronnort.) t3P19.z14, Oar. 31. The Gazette de Trieste publishes the follow 'vg proclamation of the ex-King Otho to his late subjects : Greeks I—Coeviacod that attar the late events in many parts of the country, and especially :n the capital, the prolongation of my stay Greeos world prscipillate the inhabitants in troubles of a singe nary natrns and lificult to allay, I have resolved to quit for the moment this country, which I have always loved and sti , l love, and for the pros perity of wblch I have labour c I during nearly thirty years without shrinking from any trouble or any effort. Far from all ostentation, I had before my eyes orgy the true interests of Greece, for I consecrated all my cares to promote its moral and material development, and I endeavoured nip( daffy that justice might be administered impartially. When, moreover, political off epees were committed against my person, I always prac tised the greatest clemency, and forgot what was past. In returning now to the county where I vas born, I am sad dened at the thought of the calamities with which Greece, which is dear to me, is menaced in consequence of the late events. I implore the God of mercy to deign always to be favourable to the destinies of Greece. Gran. Port of Salamis, Oct. 24. We may all have observed the demand there is for a specific statement of what is requisite. People do not know how to set about giving till this is done. Let us have at the earliest possible moment a trustworthy account of the condition and capa city of the local rates, a statement of the numbers at present needing food and warmth, and an esti mate, open to the general judgment, of the amount required to supply their wants in a sufficient manner. While this statement is preparing let the funds in hand be more freely used than hitherto, in the administration of greater comfort, in full confidence that the supply will be continued. At the same time, let a plan of col lection from the whole society of each town and village be formed all over the kingdom, and the collection be at once began, that there may be no delay when the details of the destination are settled. There should be also, if the thing is to be done thoroughly, a registration of the needy people in each division (whether parish or other) of the distressed district, that nobody may be passed over on the one hand, or permitted, on the other, to encroach. With the funds in hand, and an organization such as ought to present no difficulties in a society like ours, there might be an end at once to the m;serable way in which the Lancashire allowance is consumed, with digests and discomfort, by people who have been accustomed to good dinners and suppers, but who cannot cook, and have no fuel or utensils to cook with. (surna's nuiolume.) FRANCE. PARIS, Nov. 4. The Mositeur of this morning =Pounces the nom nation of M. Chain d'Est Ange as senator. SPAIN. MADRID, Nov. 3. The Brazilian government has paid the 8,000,000 which it owed to Spain. THE EXPRESS, TUESDAY EVENING, NOVEMBER 4, 1862. The oonsultation held on the 29th Mgt:, on Gene ral Garibaldi, was a stormy congress of about twenty doctors—ltalian, Swiss, and German ; the emi nent French surgeon, Professor Ndlaton, had been called away to Paris the night before the consultation, and Professor Partridge arrived the day after it. The substance of the report, like a royal speech, leaves much to be desired ; the upshot is this : The ball is somewhere—perhaps in the tibia, the chief bone of the leg; perhaps in the astragalus, the bone of the arch of the foot ; perhaps somewhere else. At all events, it is presumed to be still in the wound ; although no one, except M. Nffiaton, pretends to have felt or touched it. Supposing it to be there, itia agreed to leave itso; note verydiffi cult conclusiontoarrive at for men who acknowledge that they only guess as to its whereabouts; and consequently, as there is no urgency in the case, either from the ordinary detail of symptoms or oc casioned by the presence of a foreign body, no question of an amputation is to be entertained at aIL The wound, in fact, is making, and has made from the first, the usual progress of such injuries when that progress is favourable. That anything in the case called for this consultation—that any emergency had arisen in which more advice was needed—l cannot find anyone to assert. Mr. Partridge, detained by the accident of travel in atrocious weather, only arrived yesterday morn ing. He saw the General at once, and, after a long and patient inquiry, declared that he saw nothing to change in his first opinion. He did not presume to say the presence of the ball was impossible, but he averred that there was not anything to indicate its presence, either by the testimony of those who, like M. NoSlaton, examined with a probe, or as M. Ports did, explored with a finger, thrust rudely in up to the knuckle, and occasioning such an in tenaity of agony as to make the patient, long suffering Garibaldi cry out, "You are a butcher! ' As little is there, Mr. Partridge declares, in the symptoms, to argue the existence of the ball. In a word, the question is just where it stood before, and it is for General Garibaldi's interest it should still, for the present at least, remain so, since any needless exploration, any painful investigation through parts highly inflamed as they are, might producethe very worst consequences, and necessitate at last, from the impatience of his doctors, that very amputation they are now so eagerly discussing how to avoid. M. Ndlaton gave a very cautious and reserved opinion —valuable, of course, from his eminence as a surgeon. He declared that he thought the ball was in the wound, but he did not say, what some would consider as important, whether he deemed the arti culation had been opened. He assumed, indeed, that he touched the ball, but the way in which he adds, "It may be that at some future period its removal may be practicable," rather disposes one to be less confident in the opinion. The most inveterate advocates for the presence of the ball, and for the imperative ne cessity to search for and remove it, are Dr. Bertani and some other very "advanced politicians," who loudly proclaim the case to be far more serious than others represent it, and amputation to be a mere question of date ; if not to be done now, to be had recourse to some time henoe. The declaration of the seventeen doctors in con sultation is texecially the following : LAW INTELLIGENCE. (THIS DAY.) COURT OF QUEEN'S BENCH. (Sitting in Banco.)—Before Chief Justine Cockburn, Justices Wightsnan, Blaokbarn, and Mellor. DUNN V. THOMPSON. Mr. Kaniirt7, Q.C., rid this was an action kiril before Mr. Justice M ellor, at Guildhall, at the after-term sittings Lit term, to recover the sum of 2481. odd, commission on the salsa a dredging machine, when the jury returned& verdict for the plaintiff. He now moved to set aside the verdict on the ground of misdirection, and thatthe verdict was against the weight of evidence. Rule refused. SIM O. &NU/WON-BLANDER. This was an action for slander, triad at York, before Mr. Baron Wilde, when the jury returned • verdict for the plaintiff, damages le. The pleintiff, who is a surgeon, and the defendant are members of an Odd Fe'lows Society at Middlesborough. It appeared that the members of the society were in the habit of gra p tiz certificates of merit to those who had through certain offices. Both parties bed filled the office of treasurer (the plaintiff in 1848). The defendant had had a osirtifioate of merit oonfetred on him, and in December last it was proposed at a meeting of the members to grant one to the plaintiff. The defendant, who was present, opposed it, and on being pressed said " The plaintiff is the only man who has attempta to rob the society, and if it bad sot been for my interposi tion by standing over the doctor for seven hours with a brace of loaded pistols, and extorting the money from him, he undoubtedly would have done so." He now moved fora rale calling upon the plaintiff to show cause why he should not be nonsoited, or w the verdict should not be set aside, and enter ed for the de fendant on leave reserved by the learned judge. At the trial the learned judge ruled that the communication was pris :laced, the words being spoken as • confidential communication at a meeting of the members, bat to show that IIIP 1. 0) was intended to the jut', the plaintiff called evidence to show that the defendant made a similar statement on another occasion. The Lord Chief Justice said the question was the bona fides of the defendant's statement. Mr. nice said the plaintiff admitted on the trial be had, on one occasion when the defendmit called on him, 201. of the society's money in his bands, but that he told bim be had not 20a., and could not Owe it up to him. He further admitted about the loaded pistols—of the defendant's re maining with him several hours, sod that after he had re peatedly denied having the money in the house, he pulled it out and gave it to him. (Laughter.) The Lard Chief Justice said that altered the owe. The court granted& tale for a nousuit. EXPRESS FROM PARIS. (non mat own PARIS, MONDAY EVINIXO. It seems to be certain that a diplomatic note has been sent to Italy proposing new terms of negotiation on the Roman question. I th'uk it equally certain that nothing will come of the proposal. M. de Bismark, on taking his diplomatic leave of the Emperor, was invited to the sylvan fes tivities of Compiegne, but he excused himself on the ground that before his departure from Berlin he had promised the King of Prussia to get back with all speed in order to take part in a royal hunt at Potsdam on Wednesday next. Mr. Odo Russell, passing th-ough Paris on his way from Rome to England, had an audience of M. Drouyn de Lhuya yesterday. The Bourse was occupied pr;icipally with trans actions arising out of the settlement, and the state of the market proved unfavourable to the Rente, which fell 15c. and 10c., cloa;ng at 70fr. 80c. in each case. Other securities were generally higher. Mobilier rose 3fr. 75c., and the Italian Loan, 30c. Railways were 2fr. or 3fr. higher. Madlle. Reibell, a maiden lady of sixty, and Ler servant, were found murdered ou October 31, ;-t the house which they inhabited at Benfeld, near Strasbourg. The sasaaains, who had robbed the house, are in custody. The catastrophe has pro duced great excitement at Strasbourg from the cir cumatance that Madlle. Reibell was a relation of the general of that name, who for many years commanded the Strasbourg garrison, and who is yet living at his country house at Robertsau, near that city. The Moniker has the folloa'ng : On the occasion of the instalistion at the Lout ..to of the Napoleon M. Museum, which is to Quite all the C: npaaa collections, certsin journals seem to insinuate that the de stination given to these objects is not such as was itended by the Legislative Body. This 's altogether a mistake : there newer was any question of founding a special mrsaum Lind from the Lmi ;on the contrary, in a" the d'•crs sions relating tl the demand of credits for purchasing the Campana collections, it was always agreed that the :aid col lections should be appropriated to complete the art - .tic treasures of the same kind contained in the Louvre. WEATHER IRT.--(11ILS DAY.) Novara 4 • La T011110.41', 13 • Nails . .....20.74 29.84 14/TZ 3345,54 33141Wim MumossAll "92.94 POSSUMS 419.87148 GALWAY 129.9 6, VALS3I7/11 30.01 4 qozourrown p.9661 110..1 BEAD— 29.9351 .49.9651 P 31133031 29.99 51 Musa. —. 1 30.09162 Pit. 10929 90.00 6.. 130.03 Mard , o2a _lO.Ol Polenmuuta 30.02 Dom LONDON '30.06 . 4 I(.4lmoms 20.0951 iOARIOR4OIII 30.00'4 . 29.93 1 8 Etli 'GOLAND 30.1260 COURT OF COMMON PLEAS. (Sittings in Banco. Before Lord Chief Justin. Erie and Justices Williams, Flyless, and Keating. In this ease a motion wee made by Mr. Kemple' , yester day, the question raised being whether an affidavit of the execution of a bill of sale was inval.d, in consequence of being iutitulcd in the Court of Queen's Bench, but being sworn before a commissioner for taking affidxv:te in the Exchequer. The eon' t this morning granted a rule, in order that the point might be discuaaed. V. MI LLSEL -SUIGU LAR ACTION OF ASSAULT., The plaintiff in this came claimed damages for au assault; and at the trial before the Lord Chief Juscice Erie, at Guildhall, a verdict was found for the plaintiff for 201., subject to the opinion of the court upon • question of law. Mr. Morin now moved for • rule for • nonsuit, and stated that the action arose out of the following circumstances. The plaintiff was clerk to Mr. Thirdraan, of Sunderland, audits that capacity he presented • cheque for 1511. 10s. 6d. at Messrs. Wools, the bankers, for payment. The account of the drawers of the cheque Ines at this time considerably overdrawn, but the clerk at the bank who took the cheque had just returned after his holiday, and was not acquainted with this circumstance. He therefore counted out the money upon the counter; but having done so, he went to another clerk in the bank to inquire the state of the account, and immediately retained and said that the account wee overdrawn, and he could not pay the cheque. The plaintiff was at this moment counting the money, se he said, for the second time, and upon hearing what was said he at once put the money into his pocket. Some dis cussion took place, and the plaintiff refusing to give up the money it was ultimately taken from him by force, and this was the assault comp'iined of. The question at the trial was whether the money did or not at this time belong to the bank ; and upon ibis it was now submitted that the bank bad not intended to put with it, and that the plaintiff had not accepted it, inasmuch as he was sti'l counting it. It was farther submitted that even if • payment had been made it was made in mistake, and therefore the bank yrs entitled to have the money back again. Mr. Justice Byles—A payment made under a mistake would notauthorise anybody to pick the plaintiff's pocket. Rule granted. emcc AND ANOTNEIS O. YONU AND AN4TUILI. —LAD STOWAGE. COURT OF BANKRUPTCY. (Before Mr. Commisdoodr Goulburc.) IS RI OSOWE 87117. The bankrupt, described as d 334, Strand, and of Beulah Spa Villas, Norwood, was late proprietor of the Morhiv Chronicle, London Journal, sad other publications. The bankruptcy occurred in March hat, and there hare been repeated adjoummenta. This was an adjourned examina tion sitting. The balsiscesbee, prepared by Mr. Joseph Hart, accountant, under the direction of the court, contains the following items : Ca, To creditors unsecured To machine hands To reporters, &c 320 lu 0 To creditors holding security il,rdl 2 10 To liabillttes on bills discounted To creditors to be paid in full L 38,330 14 7 DIE By debtors above 10L, good By doubtful g 2,689 4 6 649 16 1 By bad By debtors under 10L, good 2OB I 9 702 le 1 By doübtful By bad Lem doubtful.. A 4,933 9 848 10 0 4 £1,356 10 0 Property Oren up to ameignee, e 9,2.53 6 3 Property hi the hands of creditor@ Liabilities per contra £2,170 • 6 Balance, being datlelencg £l/8,130 14 7 Mr. Linklater appeared for the assignees ; Mr. Macrae, Mr. Brough, Mr. Lawrence, and Mr. C. E. Lewis repre sented different parties in the case. Mr. Lawrence referred to the circumstances of the sale of the London Journal, and said that they must necessarily be the subject of investigation there or elsewhere. On be. half of the creditors he represented he did not require an adjournment of the examination. Mr. C. E. Lewis, for the bankrupt, stated that all the required accortata had been filed before the 20th of August ; bat it then appeared that some items had been carried to the bankrupt's personal account instead of that of the Morning Chronicle. This had been corrected„and he now asked that the bankrupt should pass. Mr. Linklater said the assignees bad undertaken their duties with the determination of fully investigating the bankrupt's affairs. He had become bankrupt is March, and his accounts bad only been filed in Auguat. Of this the assignees did not complain, the accounts being extremely complicated; but they were not satisfactory. He repro. tented that be had a capital of 240004 in July, 1t59, assuming the Weekly Times to be of the value of 16,000 f. He nett profit had been 1,800/, a year ; so that, at three years' purchase, the bankrupt's own estimate, it was only worth 5,4004 The fact was that, estimating his property fairly, in July, 1859, he was utterly insolvent. Bankrupt—That is false. COURT OF EXCHEQUER. Sittings in Banco in Michaelmas Term.-(Before Lord Chief Baron Pollack, and Barons Bramwell and Chappell.) BENDALL V. WEYMOUTH AND CHANNAL ISLANDS BTIAK PACKET COMPANY. This action was brought in the Sheriff's Court to recover rent for warehousing certain came, and at the which took place before the Under Sheriff during the long vacation, • verdict was found for the plaintiff, for • nominal sum. The plaintiff was a merchant at Guern sey, who was in the habit of exporting peifumea to Africi, and he obtained the boxes for them from a house in London. A certain number of cases containing these boxes were sent from London directed to the plaintiff, but being marked in the corner •'drapery" he refused them. The plaintiff had given no order for any drapery goods, and he imagined they had been sent by some merchant, in the hope that they would be accepted, and he wished to incur no liability in the mat ter. It afterwards turned out that the cases really con. tallied the hones which the plaintiff had ordered, but in consequence of the delay he refused to take them. The defendants asked him to take charge of the cues, and he consented to do so, but they promised to send them back to the consignor. From some cause they were not sent back, and the plaintiff therefore made • charge for rent. Mr. Watkyn Williams now moved for a nonsuit on the ground that there was no evidence of any contract on the part of the defendants to pay rent. Rule granted. COURT OF ERROR. Lord Chief Justice Erie came into wort in the morning, and announced that the following days had been appointed for sittings in error. For errors from the Queen's Bench —Wednesday, 2tith, and Thunday, 27th of November ; from the Common Pleas, Friday, With, and Saturday, 20th of November ; and from the Exchequer, Monday, Ist, and Tuesday, 2nd of December. His lordship mleo stated that the court would give judg ment on Thursday morning, at 10 o'clock, in the case of the " Duke of Beaufort," and in " dither& v. Gray." COURT OF PROBATE AND DIVORCE. (Before the Judge Ordinary.) At the sitting of the court this morning Mr. 3. R. Kenyon, Mr. Southgate, and Mr. A. Robhouse, the new counsel, were invited by the learned judge to take their seats within the bar. Sir Robert Joseph Pbillimore, Q.C., prayed the court to direct the patent appointing him Queen's Advocate to be read and enrolled, according to ancient custom, on the records of the court. This having been done, The judge said he had much plesaure in offering Sir Robert his congratulations on bis appointment. The new cause list contains 87 suite, of which 13 are far Judicial separation, two for restitution of conjugal rights, and 72 for the dissolution of marriage. There are eight cases to be triad by special sod 21 by common juries. The rest will be baud by the judge sitting alone. The probate business is not very heavy. The motion list for to-day was unusually long, comprising as it did no fewer than 86 cases. It was principally com posed, however, of motions of comae including a great number of decrees nisi to be made absolute. Amongst these was the mute celebre of " Porter v. Porter and Row" Mr. Linklater said the bankrupt had no doubt an interest in representing himself as being before the world in 1859. From that time down to the bankruptcy he bad continued the proprietor of the Weekly Times, Lon don Journal, and other publications. The London Journal had yielded • profit of 4,0001. a, year, shoeing • value of 12,0601. The Weekly Times owing to Am reduction in price to • penny, had been carried on for some time at a loss. The Guide was also included in the securities given to a creditor, and its profits were embraced in the above statement The sale of theme publications by the mortgagee had been a fair sale, and would not be interfered with by the assignees; they believed that theamount realised, 18,0001., was a fair pries ; and they left it to say creditor who complained to take what steps they thought fit. The saeignees bad been exceedingly fortunate in the sale of the other property, and the assets would amount to upwards of 17,200/. The debts on the balance-sheet were 38,000/. Mr. Joseph Hart, who bad prepared the accounts under the direction of the court, reported that he had had great eliffi. culty in obtain: ug the assistance of the bankrupt in elucidating his accounts. The bankrupt bad assumed an increased value of 21,f 33/. for the London Journal in consequence of the abolition of the paper duty ; but Mr. Hart was of opinion 'that this was entirely conjectural. The ohms with regard to his estimate at the vales of the Guide. Since September, 1861, • serious loss had arisen on the Weekly Times by the reduction of its pries from twopence to one penal--a step which Mr. Stiff bad taken in op position to the advice of many of his friends. He now valued the Weekly Times at 7,6001., but Mr. Hart did not think it worth mare than 2,5004. The publication of the Morning C7iroeitk had been carried on at a very heavy loss, upwards of 11,0001. The personal expenditure had been very heavy —no lass than 8,9001. for two years and eight months. Hie books were in a very confused state, and Mr. Hart had been compelled to raise a cash account. In the latter stages of the inquiry the bankrupt had rendered all the assistance in his power. another most unsatisfactory feature in the 'nee was that the bankrupt had failed to account for cash drawn out to the amount of 2041. Of course the assignees could not possibly be satisfied with the accounts. The Commissioner—Then comes the_ question, do you upset my benefit from an adjournment ?. Mr. Liriilater said he did not behave that any pecuniry benefit would result from an adjournment ; the assignees, therefore, wishc d the creditors to know that, though not opposing the bankrupt's passing his examination, they were anything but satisfied with the accounts. Mr. Lawrence was about to address the court in support of the valuation put on his property by the bankrupt, but His Honour held that, representing creditors who did not oppose, ha could not be heard. Mr. Lawrence said he would merely express the convic tion of his clients that the sale of the London Journal and the other publications ought to be inquired into. Mr. C. L. Lewis wished, on behalf of the bankrupt, to explain the charge, now made for the first time, of a defi ciency of 2001. His Honour declined to go into the matter at that stage, and said that the bankrupt would peas his examination, subject to any question that might be raist..l at the sitting for order of discharge. The next sitting was appointed for the 3rd of December. His Honour said that the report of Mr. Hart was a most valuable one, and ought to be carefully considered by the creditors. The report was as follows : "THE BANKRUPTCY ACT, 1861. "It WIZ MAT= OP OILOSCIS ISITIT, A ammzurr. "In thinness the bankrupt is described as a newspaper cmiz of 334, &rand, in the county of Middlesex, and Spa tor, Villas, Norwood, in the county of Surrey ;be was adjudicated bankrupt, upon his own petition, on the 20th day of Much, 1862, and upon the 13th of April following it was ordered by the court that, in addition to his statement of accounts, the bankrupt should furnish • balancneheet, or deficiency account, commencing in July, 1869; • profit and loss account, showing the profit or loss arising from the several journals called the London Journal, the Weekly Tinges, the Guide. and the Morning Chronicle, repectively; and also a cash account for sin months immediately preceding his bankruptcy ; and it was further ordered that I should be nominated to assist the bankrupt in the preparation of such accounts ; and, in pcir• nuance of such nomination and having prepared the &commis. I beg to submit the following as my report : • At the commencement of the amounts in Aril had great difficulty in obtaining the assistants) of ti• ; . rapt to elucidate or explain his — books, and is ooesamers was compelled to apply to the paper factors and the mil" generally for statements of their accounts, which me with the assistance of the bankrupt's books to the account. !slaked. "THE IMMINENT or "This account ooetaies simply the detailed of the bankrupt's debts, liabilities. and &meta. li compiled from the books and invoices, and discloses Scieney of 14,5d01. lOs. Id. "The DIFICI7.NCY ACCOUNT. "Thu acoonnt commences in July, 1859, that . date at which Mr. Stiff purchased the London Join Guide from the late Mr. Ingram, proprietor of the Ph Loudon Pees. 25,0001. of the purchase money wu ac for by Mr. Stiff payable at certain dates then agreed and as security for the due payment of this amount gigs was give; over the copyright of the London Guide, and Weekly Ttnte,s, with the usual power ease of default. This power of sale was exercised, copyright sold before Yr. Stiffs bankruptcy. The • contains the balance-sliest, the profit and loss account the London Journal, the Weekly Times, the Our the Morning Chrowick, and has been prepared books, papers, sad documents in existence, and, the following remarks, I have to express my thereof. _ _ in Awl! lad, I Ace of the beak. • u consequence I did the creditors • th which enabled - Ai Zoka to prepare th so ra, iw tailed statement Po ta. It has bee* . wt discloses a de- th that being the GI ion Journal Lod Ti if the Jl agrand :my was accepted en agreed upon, th amount a mort- Pi 1 .ondon Journal, power of sale is 16 ercised, and the ph y. The account ig loss accouat of po he Ovule, sod tla pared from the ig / and, subject to Ire is my approval Da air coved value of Ph duty, 21,000/. o this paper eon' eti r would be about qu , chose (the ordi cat - mount t 021, 0 0/. Pri art of the beak. is written off is sth ficieucy account. she lid& This item ros evidence, and is bo, SDI r Tama, 6,44. the wkly statemeote , ate he bankrupt by to onned the basis. as expenses not 00, 4.st h s , fed thereby ted• c * tiou ; f e r° ,9l: i t e th . sep. ll. l Pr TrrxNo. 2.—Profit being estimated improved London Journal from Asada= d paps; duty, The bankrupt alleges that the sates profit on this p esquent upon the reduction of the paper duty would] 7,0001. per annum, which at three years purchase nary mode of valuing newspapers) would amount This intimate is entirely ooniectural on the part of t. rapt, and to my mind is not borne out. It is written an estimated loss on the other side of the deficiency , ' "Inn No. 3.—Estimated value of the Guide. is also entirely oonjectural, unsupported by evidence, treated precisely the same as item No. 2. " Iran No. 4.—Prolit on trading, Weekly Tines, - - 19s. sd. In arriving at this profit, the weekly statements of income and expenditure, furnished to the heal Mr. Hutton, one of the proprietors, have formed the Prom this amount may be deducted various expenses included therein, the bankrupt's proportion, iris.. 4' as detailed in No. 1, being 1,6441. 17s. 4d. ; thereby r tag the actual profit of the Weekly Tines, from th , July, 1859, to the 20th March, 1862, to 4,9091. A serious loss bas arisen upon this publication slam S. &W. N. W. W. N. W. W. N. W. N. W. W. B.W. N.N.W. SAW. S.Z. Z. W.S.W. 0.64 0.0 6.63 I ,