The Express. — London, England, 1864-12-10 00:00:00

LIFEBOAT SERVICES.—During the storms of the past year, the boats of the National Lifeboat lasti- Lotion bared 417 persons from digerati wreaks on oar coasts The Institution has also expended /Mile es. rd, la the some period on It. Lifeboat establishments, In addition to granting £1,361 ea as rewards for saving 716 Al bed preens by its lifeboats and other means. The Commi ttee of the ltethattlon earnestly ...TYPAL to the public for AMISTANCE. to enable them to meet the continued heavy demands on the Institution's 13d lifeboat establiahments. 714;;irlbutron — e ;re re L ,C;;; 7 d by 31eurs. Willie and Co., Herrlea and Co., Coatis and Co., and by all the London and wanly/ beakers, and by the Secretary, Richard Lewis. Iraq., at the in stitution, 14, John-atreet. Adelphl. JOHN BROGDEN. ORIGINAL GOLD CRAIN MANUFACTORY, 10. MILWEILTTA-13111.811T. 00YENT-GLIDEN, JOHN BROGDEICS GOLD CHAINS. JOHN BROGDEN'S GOLD GUARD CHAINS. JOHN BROGDEN'S GOLD ALBIRT CHAINS. JOHN BROGDEN'S GOLD BROOCH CHAIN S. BIEL MILES'S (the ORIGINATOR'S) World-tamed lee. TROUSERS can only be Had at 73. bROOK-bTREET, HANOVER-SQUARE. Where "competition Is fairly distanced by Miles." ALFRED WEBB MLLES. ESTLELLSILED UAL O VERCOATS. —No. 106, STRAND . — Special attention is given In this establishment to Wi NTSB OV EIICUATS, of 'holt a select stock la always on hand to choose from. HAMILTON and KIMPTON. Overooet-mak 105, STRAND (opposite Exeter-ImM. NEGRETTI and ZAMBRA'S Ono hint* and Two Gahm PIILDOLMISIS acid TILI4COPIS are war noted as anrivallsd for power and brilliancy. 12s. and 425. to came Mete.-1, Hatton-garden, LC. ; 61. Cmwkill, E.C.. 12 4 , . LW, Floetwireet and °sista Palate. (PR= MEDAL AWARDED.) ALLEN'S PATENT PORTMANTEAUS and TRAVELLING BAGS with square LADIES WARDROBE TRUNKS, DRESBVPLOS, wilts LA DRSPATCH BOXES, WRITING and DRESSING CASES, and MO other articles lie home or coatlnental travelling. Mustrated eatalogues post tree. Also Allen's Barrack /kritikus Catalogue of Podable Bed 'leads, Drawees, Easy Chaim Waskhandetands, Canteens, de., seat tree. J. it:ALLEN, Manataetztrer and Patentee, ST, Weet 84rand, London, W.C. lIIe erprews. TO CORRESPONDLYT3. Advertisement.; totendett for " The lirpress* London livening PaPer, mu-14 be at the (Ace, 10, Bouverieetrest, by Two o'clock on the day of pablication. HAT . I?IARECILT._ THM Immo. THE SUN ARF . THE WLYD.—BONNY VALE FARM. Messrs. Howe, Ferran, Clark, Braid, and Coe . Mesdames Beatrice, Snowdon, and E. Fitzwilliam.—ON THE SLY. Mr. Buckatone.—And MY nuilustra 011081. PRINCE S'S. Tina Immo, BORN TO 000 D LUCK. Mr. D. Murray. and THE STREETS OF LONDON. Mews. Vining, J. W. Ray, D. Fisher, D. Murray, J. Nelson, H. Forrester, and H. Italian : Mn.H. Manioc, Mime Barnett and Gwynn*. LYCEUM. EVEURG, MY Mr. Widdicomb. —RICY RLAS. Messrs. Yechter, Ryder, Fitzpatrick, Charles, Mclntyre, Raymond, Moreland, Collett, Clifford Misa C. Lactercq, Mrs. Whistanky.—And NURSES' CMICK WEED. Mr. Wlddlcomb. TUTS Emnro. DICIiIi7IIITTINGTON AND HIS CAT. ...Singing by Mr. Albert Steele, the Great Vance, 11111 e. Doti, and the celebrated D'Aubans.—And THE MOTHER'S DILND CHILD. Mn. S. Lane.—Commence at half-past O. MOH WATER. AT LONDON7BRIDOR. This DAY UM. - .7..A7t:n000n, --. 11b. Um. TO-MoahoM Morning, Uh. Om.....Alternoon„ Oh. 2.31 n. LONDON, SATURDAY, DECEMBER 10. A case tried in the Bail Court on Thursday last exhibits& certain variety of thehumanhawkand gull under an aspect at once so pleasing and so diverting that it may be worth while to pause for a moment and take a near look at the interesting litigants. Mr. liiNesuce, the plaintiff, had been a footman, and in that capacity had received from an uncommonly generous master a present of 7001. The defendant, Mr. HART, was described as the only surviving member of the Middlesex Loan Company, which, as it appeared from the evidence, had never at the most promising epoch of its brief and brilliant career consisted of more than three members, one of whom had died and another had defaulted. Mr. KINGSLEY, emb►rrassed with his riches, and just enough imbued with the spirit of "his epoch" to be its dupe, looked, as many better men have done, for a good investment of his little capital, and, probably having never beard of the DYNE'S aphorism that " high interest means bad Well " rity," he soon snapped at one of the coarsest baits that ever hooked a gudgeon. Hearing from a friend of a Loan Office which professed to give 7 per cent. on money advanced, be offered to lend GOO/. on those terms. That offer was accepted ; the money was paid over in April, 1860, and the plaintiff continued to receive interest up to September, 1863. The plaintiff then finding, we suppose, his 7 per cent, in abeyance, applied to an attorney, who, of course, com menced an action. And this was the state of affairs in tho Middlesex Loan Office at the final disclosure. Mr. K INGSLEY, the plaintiff and ex-footman, in arranging his little in vestment, had anxiously inquired whether " it was " a legitimate business," and if his money would be secure ; was informed with equal frankness by the defendant that his money would be quite safe, since ho himself (the defendant) had 1,0001. in the Middlesex Loan Society, and the money would be applied to that Society. Thus reassured, the plaintiff paid down 6001., which it was agreed should be considered as having been paid in one hundred weekly instalments. The defendant gave a receipt, as it was understood, to that effect, and the plaintiff was presented with "a book" also. The interest was to be paid half-yearly. A little later a person named J ACKSON, who had also been a domestic servant, but was now " manager " of the Middlesex Loan Society, called upon the plaintiff and asked for a further advance of 1001. at 10 per cent. interest, to which the plaintiff con sented, and received a promissory note for the amount. This arrangement, however, though con cluded by .I.e I: s..N in his capacity as manager, was disallowed by the defendant, who was a simple depositor in the Middlesex Loan Company, and who called on the plaintiff and offered him 7 per cent., "according to the custom of the company." To this amended offer K I N cs LEY — good, easy man— assented also, and gave back his promissory note. l'p to September, 1863, the interest was paid. It was then that ULM, one of the three persons who composed the Society, became a defaulter, and K 1 M.SLLY was asked by HART to take 6 per cent, for his money. To this request, alho, K IN..SLFY assented, and the 6 per cent. interest was paid. About this time Jack• ssoN, the creator and manager of the Society, died, and the s , ciety " removed" to another place. K iN , .SLLv, who was growing a little uneasy in his mind, but was not yet aware of ACki,t)N . S death, called at the new offices, and there found " several persons, " perhaps twenty," and among others HART, who begged him to call upon him the next morning, because he could not speak to him then on ac count of the crowd in the office. KINGSLEY said, in a casual sort of way, he "supposed all was right." HART replied, "it was all wrong, but he would " explain next day." The next day he did ex plain that .Is, asos was dead; that he, HART, was all that was left of the Middlesex Loan Society; that he had no money; that he was winding up the concern, and doing the best he could for every THE EXPRESS, SATURDAY EVENING, DECEMBER 10, INC one. Krivaszar asked whether he was to go to the workhouse or starve. HAAT replied that he could not help it, and urged him to sign a paper in order to keep the matter out of Chancery. This paper KINGSLEY refused to sign, but subsequently signed another on receipt of 1101. This second paper was nothing more or less than a receipt for four shillings in the pound on 5501. invested by the plaintiff in shares, of which he now says he had never beard before. In cross-examination, however, he admitted that he had known the de fendant a long time ; that he thought from the first it was a company of shareholders, and signed receipts for interest in a book but that he signed the second paper, for whichhe received 110/., because he was told that unless he signed it he would get nothing. Harr, the defendant, stated that it was at JACKSON'S request that in the spring of 1850 he became a depositor in the Mid dlesex Loan Society ; that in the autumn of that year KINGSLEY had come to him with some money, and had been assured by him that he should not have put his own money in the office if he had not considered it safe. JACKSON was the manager, and kept the books ; but Haar represented himself as a depositor only, though his name had been used u treasurer without his knowledge or assent. " The boy THOMPSON," aged fourteen, was called the Secretary. The Society was never registered ; there was no allotment of shares, but all the depositors were shareholders. It was a society that held no meetings, bad neither auditor, directors, nor treasurer, nor banker. All the per sons employed by JACKSON, the manager, were found to be dishonest. ti Lea, one of the original partners, defrauded the Society of 5001., and Haar "advanced" 5001. to meet the default, —that is, he paid that sum, not by cheque, " but by transfer "—in order that his friends I and relations, who were depositors, might not suffer loss. It was drawn from the defendant in cross-examination that the Society was insolvent ever since 1850, when Uun had defaulted, and JACKSON, the manager, had " shut up " the old society and opened another with a reduced! capital at the same office. HART represented himself Si a loser of 500/. worth of shares, which he had " trans " ferred " from his own account to save some poor depositors ; and of 3001. which had been de ducted " by reason of the loans " from the 1,3001. which, from first to last, he had put into the concern. In short, the defendant represented himself as one of the principal sufferers in a phi lanthropic enterprise formed by several persons to advance money on loans for their common bene fit. Unfortunately, though he had been 30 years a stationer, he knew no more than JACKSON, the manager and creator of the Middlesex Loan Society, or than "the boy THOMPSON," aged 14, its Secretary, of the difference between depositors and shareholders ; between "a reduced capital " and insolvency ; or of the operation of a "reserved " fund" consisting of "bits of paper," in recon structing a capital on a basis of insolvency. " There was " something," he said, " of a general balance "sheet, but he could never understand it." The question being whether KINGSLEY, the plaintiff, had lent the 0001. which he sought to recover, or was a shareholder in the Company, the jury decided in hie favour, and returned a verdict for 484/. ss. We have seldom met with a more perfect specimen of one of those muddles in which it is difficult to distinguish accurately between dupe and knave. Yet it would be a gross injustice to the memory of the Middlesex Loan Company to pre tend that it was an exceptional concern. Since Ithe Winding-up Act came into operation our law reports have been a continual record of the life and death of companies of which the life was perhaps more luxurious and pretentious, but of which the death was quite as discreditable and ruinous as that of the Middlesex Loan Society. JACKSON and Co. were but humble benefactors of their species, following at a respectful distance the splendour and havoc of far more ambitious and luxurious adventurers. KINGSLEY, the plaintiff, who received his ten per cent. for many years, would perhaps not be a subject for com passion even if the verdict had gone against him. Yet who among his superiors and his betters shall accuse him of hastening to be a millionaire with 700/. in his pocket and ten per cent. interest staring him in the face in the shape of a Loan Society ? The pity is that the kind master who made him so remarkable a present did not also find him a safe and sound investment for his money. The return of the court from Compiegne, which was fixed for Monday, is now said to be postponed till Wednesday. The Bourse was in an undecided state to-day. The reaction, which set in yesterday after the lower ing of the bank's discount was known, has made no further progress, but the Rents does not rise. The Daily News is seized for a leading article on the Appel des Treize. MUSK!. SACRED HAB.KONIC SOCIETY. There was a very grand performance of Judas Mamobeur last night et Exeter-hall ; though it was much injured by the absence of Mr. Sims Beeves, who, we regret to my, still labours under severe indisposition. Mx. Ways Cooper acted as hie substitute ; but it is no die parsgement to that excellent performer to my that neither he nor any one elm could fill the place of the greatest of English tenors, especially in an oratorio which gives room for the Slidell' of his very highest powers. Though, however, we lost the effect of the umpiring wat ery, " Sound an alarm," of " Cell forth my power'," and " flow vain is man,' yet, in the lees arduous portions of the performance, Mr. Cooper ac quitted himself like an able artist, and was received accord ingly. The chief soprano airs were admirably smug by Madame Lemmers-Sherrington, a lady aa remarkable for the ?motility es the greaMes at her talents. Her "0 Liberty r was in the true Handelisa spirit and style ; and her " From mighty kings he took the spar was a perfor mance of finished excellence. Miss Banks wee happy in several airs, particularly the beautiful " Pam orgies," which she sang charmingly. Mr. Weiss end Madame Sainte's- Dolby, we need scarcely add, contributed to the rooms of the performance. UNIVABBITY INTILLIGENCIL Dec. 9. HULSEAN Pram—This prize is given under the wal of the late Mr. Mules, to say member of the Univer sity of Cambridge, under the degree or standing of MA., who camposes the beet dissertation, in the English lan gm" on the Evidenoss in general, or on the Prophecies or Mirada in particular, or on any other particular sign moot, whether the same be direct or collateral proofs of the Christie religious, in order to evince its truth and excel- Isom. The subject this year we. " The characteristic dif ferences between the boob of the New Testament, sod the immediately preceding Jewish and the immediately sea seeding Christsan . literature, considered se an evidence of the divine anthonty of the New Testament" The Encomia' ondidate wee the Rev. B. Sinker, 8.A., of Trinity College. OXFORD. -pic..9: _. MACIDkLIN HALL--Jolt Elton Halliwell, from Brighton CoUsgs, was this day sleeted to the vacant Meeks Scholarship, at this Rail. With reference to the fact that under the ad ministration of Sir Robert Peel, in 1844, an act of perlia moot, introduced by Mr. Gladstone sa President of the Board of Trade, was passed to enable the government, on urban terms, after twenty-one pan, to buy up all such rellways in the United Kingdom as might thenceforth be =Ater:rd.* report Ire become current (rys the Times) among leading moons in the City that a large measure is now under the consideration of the governmeut to effect upon the basis of these powers a comprehensive change in the railway system of the 17nited Kingdom. Next year the stipulated twenty-one years expire, and the proportion of the existing mileage that will ultimately be liable to come under the operation of the act in question is believed to be nearly 85 per cent. The main conditions of payment fixed in the act is that the amount shall be equal to 25 years' purchase of the rate of profit of the three preceding years, provided such profit has not exceeded 10 per ant. The rope-jugglers should make their hay while the sun shines on them ; " for not only," (says the Athenceim), is Donato minim, bot also liPetropoli. Petsopoli, we hem from an Italian friend, is surnamed "D Elastioo ;" and, among other contortions, puts a glass of wine upon the sole of his foot, and driuks it off ; and. when making his bow of adieu to the spectators, slaps the back of his head, also, with the sole of his foot. A telegram from Brighton announced the sudden death of Mr. H. D. Blyth, of the large London mercantile firm of Mews. H. D. Blyth, Greene, and CO. THE CONSERVATIVE CANDIDATE FOR ROCHESTER AND THE REFORM CLUB.—The new conservative candidate for Rochester, in addressing • meeting of his supporters on Wednesday, read to them the following correspondence : "Reform Club, Dec. 3, 1864.—Sir,—I am directed by the committee to inform you, that their attention has been called to • printed bill,wherein you address the constituents ' of Rochester upon ' conservative progress, and oppose two liberal members, who are also members of the Reform Club The committee think it right to call upon you for an explanation of this circumstance.—l have the honour to be, sir, your most obedient servant, FREDERICK RALMRD, Secretary." To this be sent the fol. lowing reply :—" 7, Finsbury Circus, Dec. 6, 1864. Sir,—l beg to acknowledge the receipt of • letter which the committee of the Reform Club have directed you to write to me. The wording is obscure, and does not clearly express its meaning, and therefore I shall be glad of further explanation. However, my political principles will be fully set forth in the oonrse of two or three days, and I will take the earliest possible opportunity of for warding them to the committee tor the msociation.—Yours, Re., A. Sum" In his speech on Wednesday, Mr. Sines — although, as will be seen from the above, • member of the Reform Club—said, if returned, he should give a general support to Earl Derby. SCESORIPTION OF THE CLEROY.—WO believe that the oommissionen appointed by her Majesty to consider the forms for the subscription and declaration of clergymen of the United Church of England and Ireland have unani mously_ agreed to recommend That the declaration prescribed by the Act of Uniformity, I do hereby declare my unfeigned assent and consent to all and everything contained and premribed in and by the book intituled the Look of Common Prayer," shall not be required of or from any clergyman of the United Church hereafter ; and, 2ndly, that there shall be from hence forth but one farm for Subscription and Declaration, viz. : " I assent to the Thirty-sine Articles of Religion and the Book of Common Prayer, and of ordering of bishops, priests, and deacons ; I believe the doctrine of the United Church of England and Ireland as therein eel forth to be agreeable to the Word of God ; and in public prayer and administra tion of the Sacramento I will use the form in the said book prescribed, and none other, except so far as shall be ordered by lawful authority."—DaGlin treeing Mail. THE NEW PROCTORIAL SYSTEM AT CAMBRIDOE. —As the new proctorial system has now had a fair trial of considerably more than • year, we are able to judge of its value by the test of experience, and most sincerely do we congratulate the town, and more especially the university, on the fact that that experience is unequivocally in its favour. While the good order of the streets has been preserved, at least as efficiently as under the old ',stem, the sensibilities of the community have not been shocked by any of those disgraceful and deers& ' jog scenes between the proctors and the social evil, which used so frequently and so disagreeably to disturb the peas and quiet of the town, and to exhibit the university oath°. rities in a light so derogatory to their character as clergy. men and gentlemen. All these scenes of disorder have been happily done away with ; the proctors are no longer the jackalls of the Spinning-home ; and by confining themselves to the gownsman, who are the proper objects of their supervi sion, they enlist the feelings of the town on their side In any 011141 of emergency, instead of arraying them in oppo. @Aim. The October term, which has always hitherto been disgracefully notorious for thrice as many street rows as both the other terms put together, is this year passing over with • tranquillity sod orderliness which are as novel we they are satisfactory—and why ° Because the proctors have bad • year's training as pro's—they are acquainted with the town, sod experience has taught them that know ledge of the world which makes them regardful of the feelings of others, and careful not to provoke opposition by being too officious.—Carabridye ladcpeadent. _ CAMBRIDGE LOCAL EXAMINATIONS, 1864.—The Cambridge Local Examicatioos for this year commence on Monday, the 12th December, at twenty different centres. and will close on the following Saturday. There is a con siderable increase in the number of candidates this year ; the number of seniors is 179, and of juniors 665, making a total of 844, and of these 2:1 decline the ex. imitation in religious knowledge, including six at Trinidad, where, in the government school, religious know- ! ledge does not form one of the authorised subjecta of educe tion. In the year 1863 the number of senior candidates was 115, and of junior candidates 511, making . is all 629, and of these 16 dectioed the examination in religious know. ledge, including the 10 candidates at Trinidad. The fol lowing are the names of the centres at which the examina tion will be held :—Barnstaple Brighton. Bristol, Cam bridge, Exeter, Hastings, Leeds , Liverpool, London, Lot terworth, Northampton, Norwich, Plymouth, Sheffield, Southampton, Torquay, Trinidad, Welt Buckland, Wind sor. and Wolverhampton.—Carnbridor Independent, LITERARY AND SCIENTIFIC MEETINGS FOR THIS ENsCING WEEK. —Monday : Royal Academy, 8, "Ant- lorry," Professor Partridge ; Geographical, 8. " Islands of Kalatoa and Paloweb, Malay Archipelago," Mr. Cameron ; " Expedition to West Coast of Otago, New Zealand," Dv, Hector ; " Journey along West Coast of Middle Island, New Zealand," Mr. Walker. Tuesday : Actuaries, 4i, Council ; Syro-Egyptian, 7i, " Ground Plan of the Temple, Jerusalem," Mr. Sharpe ; Ethnological, 8, " Remains of Stone Period from Coachman," Mr. Laing ; " Human Re mains, collected by Mr. Laing," Professor Huxley ; "Flint Instruments, Salisbury Hill, near Bath." Mr. Evans ; Engineers, 8, " River Tees," Mr. Taylor ; Zoological, 9, " Dinornia," Professor Owen • " rectors of New Crustaceans from British Columbia," Mr. Spence Bates. Wednesday : Society of Arts, 8 ; Micro. seopical, 8, " Most Advantageous Means of Illuminating Objects under the Microscope;" Graphic, 8; Archaeolo gical Association, Si, "Discovery of Roman Brine•Pana, Northwich," Dr. Kendrick; "Sepulchral Crosses in Here fordshire," Mr. Blashill. Thursday: Numismatic, 7; Lin net% 8, "Tastsaily of Tropical Africa," Dr. Kirk ; "Aria. tolochia Hydnora and Apodanthes," Dr. Hooker; "Two Forms of Eriophorum angustifolium," Dr. Dickie ; " Local huhu* from Angola," " Plants collected in Japan," Ire., Professor Oliver; Chemical, 8, "Action of Ammonia oe Solpho•chloride of Phosphorus," Messrs. Gladstoee and Holmes; "Chemical Nomenclature and Notation," Pro. feasor Williamson ; Royal, tij ; Antiquaries, 81. Friday : Philological, N T, Ath(o , rl2!. . . T'Ax REPEAL MEETING.—A private meeting of the committee was held at the Bridge House Hotel, London, on Tuesday Let, when it was resolved to invite the attendance of agriculturist.s and others interested at the Freemasons' Tavern, at 2 o'clock on the Tuesday previous to the meeting of parliament, for the purpose of ioauguratieg active proceedings during the next session. —Surrey St.t.,4ant. 31st. W. S. LINDSAY, M.P.—We regret to an nounce that Mr. Lindsay wee seized on Thursday with sudden sod alarming illness, arid that up to the present time there has been no reported improvement in the con dition of the hon. gentleman.—Shipping Gaatte. GENERAL SHERMAN'n EXPEDITION. —lt would not be surprising to hear of some new attempt of Grant against the enemy's lines, in order to prevent Lee seeding • man to help his lieutenant, and if Early is not able to drive Sheridan across the Potomac he will probably be milled back from the Shenandoah Valley. In • word, the winter campaign promisee to be most interesting and very important, but as yet it is impossible to discover the full extent of the fume. Sherman is a bold player, and soon will leave us in little doubt es to his objects. If he be ono camful in bisecting the States which lie between the Mimes sippi and Charleston, he will do much to reduce the Coles , dente. to the worst straits they have nese known, sad will at the MIN time prows the truth of the opinion expressed by some people long ego that the armour of the Confederacy covered • very soft interior.—Army and Nary Gansu. Sir Gardner Wilkinson has recently presented his valuable collection of Egyptian and other antiquities to Harrow School, where he was himself sdocotodia early life. LAW INTELLIGENCE. (THIS DAY.) COURT OF EXCHEQUER. Sittings at Nisi Prias at Gaildhall.—(Before Mr. Baron Nadia and a Special Jury.) Eutaw V. JOIRB. This was an action for the breech of contract to furnish • freight for a venal. The Solicitor-General and Mr. T. Jones were counsel for the plaintiffs ; and Mr. Hawkins, Q.C., Mr. Mellish, Q.C., and Sir George Holtman for the defendants. The plaintiffs, Messrs. Mists, were merchants in Lon doe, and Messrs. Torn and North, the def.odants, were also merchants, carrying on business at Leeds. The case for the plaintiffs, as opined by the Solicitor-General, was that in March, 1862, Mr. June called upon Mr. Ellison and rid be was in want of a vessel to take some Manchester goods to Charleston—in short, to nut the blockade. Me. Math knew that a Mr. Lafone, of Liverpool, had a steamer called the Tubal Cain. which be thought would answer his purpose, and he made arrange. moots with him for the conveyance of goods to the amount required by the defendants. A long correspondence by letters and telegrams ensued between the plaintiffs and defendants, the result of which was that the defendant, agreed to send 200 or 250 tons of Manchester goods to Charleston by the Tubed Cain, and pay 1:d. per ton. Subsequently they refused to carry out the arrangement ostensibly bemuse the vessel was not of the tonnage which they alleged the plaintiffs bad represented, but really because they had found they could get freight at a cheaper rate. There had been a plea of illegality of the tranaction, bat it had been withdrawn, and the case presented no complication or difficulty in that respect. Mr. Baron Martin mid that having looked at the conc. snondence be thought there was a contract, but his impres. mon was that the jar/ could only give nominal damages, because the contract was an illegal one directly opposed to the Queen's proclamation, and having a direct tendency to involve the country in war. The SolicitorGenersl-11 there had been a plea of inns. lity that difficulty might wise. Mr. Baron Martin — What I suggest is that you should take the opinion of the court as to whether there is a con tract; and if they think there is, thin that they should appoint an arbitrator to areas the damages on such principle as they may direct. The Solicitor General—l shall advise my client to agree to that. Mr. Baron Martin—l don't think tint a person bringing an action upon an illegal contract of this nature can recover Th osaps. e Solicitor-General—Allow me to say • word upon that point. I am the last man to stand up for a contract having the tendency your lordship steins. (Laughter.) Mr. Baron Martin—The Queen, for the good of the state, and, if possible, to keep the country out of war, issued • proclamation, ordering in the most direct terms that this shall not be done. . . . . . Mr: ' lirwkTnsLWe are quite prepared to go into the hoc and criminate ourselves, and be cross-examined by the Solicitor-General. (Laughter.) Mr. Baron Martin—l think the mune I suggest would do justice to all the parties and ease expense. The Solicitor-General again reminded his lordship th►t the plea of illegality had been withdrawn. Mr. Baron Martin—But neither that nor the fact of the parties choosing to treat the transaction as a matter of honour will blind me or the court above as to the nature of the contract. The Solicitor-General—Mr. Justice Willem took an oppo. site view of the matter to your lordship. Mr. Baron Martin—There is no judge for whose opinion I have • greater respect, but upon this point I must have a judgment of my own. I cannot think that • jury would give damages for the breach of a contract which is against the Queen's proclamation for the general good of the com munity. The Solicitor-General—l believe that the Court of Common Pima confirmed the decision of Mr. J ustice The learned counsel then stated that in consequenoe of the defendants not performing their contract, Mr. Lafone, the owner of the Tubal Cain, brought an action against the present plaintiffs for this breach of faith. It wee tried before Mr. Justice Willes at Liverpool. Mr. Ellison was advised to set up every poseible defence. and among other pleas there was one of illegalit ; but Mr. Justice Wilke held that it was not a good one, and the remit was that Mr. Lamm obtained a verdict for 1,1385/. The Tubal Cain was captured in running the black. ade ; but that did not signify, as evidence was given at the trial to prove that. It was the custom at Liverpool and London, in this trade, that where the freight was not expressly made payable until the conclusion of the voyage, the freight was earned the moment the vessel started. Mr. Baron Martin said he before. . . . . . The Solicitor-General—l will call the foreman of the jury who gave the 1.88.51. damages, and whom Mr. Mellish, who appeared for Mr. Worm, addressed with so much effect. I will also call Mr. George Gladstone. Mr. Mellish—The jury cut down the damages by one half. Mr. Justice Willem said the damages ought to have been double the amount. The Solicitor-General—With regard to the question of damages I may state that my client, in addition to the 1,5001., had paid lin/. for the coats of Mr. Lame, and 961. for his own attorney's costa, and then he has lost all the profits of the voyage. We say that he ought to recover as much es 2,7071.. or upon another principle of calculation, 3,707/. In conclusion, the learned counsel said that this was one of the hardest cuss which was ever brought before a court of justice. Mr. Baron Martin—l do not think there is any hardship if the party agrees to take the risk of running the blockade. Mr. Ellison, one of the plaintiffs, who spoke with a foreign accent, said that in March, 1862, Mr. Joins called upon him, and said he was going to Paris to settle with some gentlemen about an expedition to the Confederate States, and that he wanted a ship to take some goods to Charleston. lie asked if he (the plaintiff) knew of any ship, and be replied that Mr. Lafooe had a ship for which he wanted goods. He asked witness to make inquiries, and then followed the cor respondence which had been read. He stated that mimes. isg the defendants had performed the contract if they shipped 200 tons, he would have received for freight 3,00 Y., and if they shipped 230 tons, 3,7001. After some discussion between the parties, it was ulti mately agreed that a verdict should be entered for the plaintiff, damages, 2,7071. fa. 10d., subject to a special case to be stated for the opinion of the court above. Mr. Baron Martin said it was worthy of observation that in this transactioo, which bad a direct tendency to involve this country in a war with the United States, not a tingle English name appeared except Beach, and the person who bore that name was the consignee of the goods in the South. ern States and probably he was an AMR usu. Mr. Hawkins—He is a Southerner. Mr. Baron Martin—Much blame is cast upon the English government in respect of these transactions, which it is almost utterly impossible for them to stop. This truisa got is conducted entirely by foreigners in this cotuitry, not a single Englishman having anything to di with it. Very likely that is the history of most ethers of the same kind. They come over here, and while enjoying the freedom of this country engage in transactions which have a direct tendency to involve us in war. COURT OF PROBATE AND DIVORCE. (Before the Judge Ordiesry.) STONE r. STONE AND APPLETO.V.--elta HEARD: The Queen's Advocate and Mr. Lopez for the petitioner; Mr. Coleridge, Q.C., Dr. Spinks cad Mr. Searle for the respondent. The co-respondent did not appear—the suit having been began while be was absent from the country, sad the Judge Ordinary having afterwards refused to let him appear unbar he gays security for the costs. This morning the examination of witnesses for the peti. tioner was resumed. Mary Edwards—l was lately reaidiog at Budleigh Salter• ton. next door to tkaptain Stove's. Mr. Appleton wee my medical attendant. In 1860 he was constantly visiting Mrs. Stone. He went there two or three times a week or oftener. In the early part of 1861 he saw her every day, and his visits lasted an hour or more. They continued till he left Budleigh. He visited at the house whether there was any illness in the house or not. I knew that there was no illness because I inquired at the house. I did not ask Mrs. Stone because she was W. (Laughter.) Cross-examined—l cannot recollect whether the CO" , spondeut paid visite to Mrs. Stone in April ' • but he left Budleigh in that month. I cannot recollect if he visited her up to the time of his leaving. 1 first gave my evidence lest moth. Re-examined—Mrs. Stone made a sort of apology for th e frequency of Mr. Appleton's visite; she said he came to look after the health of the children. Mrs. Harriet Baker—l am the wife of Mr. Charles Dean Baker. We resided at Budleigh Saltation in ; made the acquaintance of Captain and Mrs. Stone. In t` . .9 we went to Canada, sad returned to Budleigh in .Canaan, 1860. In February, lotd, she spoke to rue of Mr. Appleton's great care and kindness towards her while attending her in illness at that time. After the 9th of March she was much better. She dined with us on Easter Sunday, the 31st of March. She complained to me about that time of a letter she had received from her aunt about Mr. Wolter- Sbeshowed me the answer she had writtli, and 11.4 rd her not to send it because I thought she bad token IT the matter too warmly. She wrote, in conarepieoce of nit suggestion, another reply. Mr. Appleton dictated it to her. in tact he made a draft of it in pencil ; hot he said it roust not be known that he had anything to do with it. I leers' i her to be less warm towards her aunt who had been r‘ces , giver kind to her. I know the respondent's aunt Chartau , who resides at Taunton. Mee. Stone paid her a visit on tie Bth of April. I had seen her nearly every day for a week previous. The day otter she sent the sower she showed me another letter, which my boatload and I recommended bee not to send. She destroyed it sue' began soother. She wee very d e lic a te w h en s he went to My hothead bad received a letter enclosing to Taunice, When Captain Stone returned I went to see her. her, sad my husband requested me to go aod brook the sews se gently se possible. I saw her in I ` 4 o . She seemed very mach affected. This was a Sunday morn i ng ; and soots after service ha d commenced Mr. Appleton Mlle. I was going away, but she ragweed sae to stay till she bad told him. She said th" LATEST INTELLIGENCirk (Mars's rizacm.x.) AMERICA. ARRIVAL OF THE AUSTRALASIAN. (Vii Roches Nina) NEW YORK, Nov. 90, 2 rat. The latest Savannah papers contain contradic- tory statements concerning the passage of the Oconee River by Sherman. They also state that a large cavalry force was operating in his rear, and that it was not impossible that Forrest would join it. . NEW YORK, Nov. 30,1 P.N. The Richmond Sentinel of the 26th says the in talligenm from Georgia is most hopeful, but refuses to publish h for the benefit of the Northern journals. Despatches to the 22nd state that Sherman had passed Macon, captured Milledgeville and Gordon, and was marching towards Savannah. Some accounts represent his forces as having ar rived within six miles of the Federal prisoners , stockades at Millen. The arrival of prisoners at Savannah had oeased, Sherman having cut the railroad to that town. General Slocum's column was at Greenaborough ou the 20th. 00, IL INTELLIGENCE. NEW YORK, Nov. 30, 1 P.IL Money easy. Gold, 230. Exchange on London, 251 ; on Paris, 2.9 to 2.124. Stocks slightly firmer. New York Central, 1191. Illinois, 1261. Erie, 931. 5-20 Bonds, 106. Cotton quiet ; middling Upland, 129. Flour and wheat advancing. Corn quiet. Provisions dull. Coffee and sugar slightly firmer. Molasses steady. Petroleum, crude, 49, relined, 69. (From • third edition of the Times.) DiCEMBER 1. The Richmond E.enminer of the 26th very frankly admits that if Sherman succeeds in reaching the coast communication between Richmond and the south-west will be entirely severed ; and, with still greater frankness, says when President Davis ordered Hood's last movement he sent that army from where it could confront the enemy, and stuck it in the mud between Tuscambria and Florence. (RECITE'S TELEGRAMS.) KING CHRISTIAN'S REPLY TO THE NORTH SLESWIGERS. SLESWIO, DEc. 9. King Christian, in reply to the address presented to him on the 7th inst., at Kolding, by a deputation of North Sleswigers, said that he most deeply re gretted the separation of Sleswig from Denmark, but that having once ceded that province, he hoped that the Sleswigers would be reasonable and submit to their fate with patience. Prior to their reception by his Majesty, the members of the deputation laid aside the Danish colours they were wearing, as the King would only receive them as Sleswigers. ROME. ROME, DBC. 9. A French court-martial has passed !sentence of death upon a Neapolitan named Grazisni for the murder of two French gendarme*. TURKEY. CONSTANTINOPLE, DEC. 9. A convention has been signed between the Porte and Persia for an Indian telegraph line, tin Panakian (1), pending the completion of the line to Divanieb (1) The service will soon open. EXPRESS FROM PARIS. DEATH OF THE EMPEROR'S PRIVATE SECRETARY. (mom ota ovnt 001LILESPONDECT.) PARIS, FRIDAY EVECINO. Mocquard died at half-past 7 this morning. He was born at Bordeaux, ou November 11, 1791, and consequently was only 73, and not 75, as has been said. He came to Paris to study law, and in 1812 obtained the diplomatic appointment of secretary of legation at Wurzbonrg, where General de Montholon was minister. In the following year he acted as chargti d'affaires. In 1813 he returned to Paris and was called to the bar. He made himself a competent lawyer and practised for some years with considerable success. During the time of the restoration he attached himself to the extreme liberal party, and made himself remarkable by his opposition to the Bourbons. He was en gaged in several famous political trials. In 1817 he was associated with Mdrilhou,Manquin,and Cam; in the defence of the Epingle Noire conspirators ; he was one of the counsel in 1820 for the defendants in the affair of the Sinotription Nationale; and was also retained in the still more famous case of the four sergeants of Rochelle (1822). In 1826 the precarious state of his health forced him to leave the bar, and he lived in retirement till the revo lution of July. Shortly after that event he was appointed sub-prefect at Bagneres-de-Bigorre, a post which he held till 1839. For sonic years previous to his resignation of that office he had been on intimate terms with Louis Napoleon and his family. He went to London to join the prince in 1840, and from that time never ceased to be a follower of his fortunes. At the prince's suggestion he cane to Paris and founded a journal called the Commerce, which was devoted to the propagation of "iddes Na poliSoniennes." After the Boulogne conspiracy, lie kept up continual correspondence with the prisoner of Ham, and when the liberality of the republican government of 1848 enabled Prince Louis Napoleon to return to France, M. Mocquard was the most active member of his electoral committee, of which General Piat was the president. He was appointed private secretary to the prince before December 10, and after the election of that day retained the position with the addi tional title of chef du Cabinet. He took a leading part in the conception and execution of the coup d'itat of December 2, 1851, and remained with out interruption to the hour of his death the Em peror's private secretary. Ou May 7, 1863, lie was created a senator and a commander of the Legion of Honour. Common rumour attributes to M. Mocquard a considerable part in the composition of many of the Emperor's speeches, letters, and proclamations. It is certain that he had much literary talent. He took au anonymous part iu the concoction of several dramas intended to produce a political effect upon the public mind, such as the Tireuse des Cartes (after the affair of the little Jew Mortara), the Massacres de .yrie, and the Prise de Pekin. He lately published in his own name a novel called "Jessie." It is reported that among his MSS. is a translation of Tacitus, at which he worked hard in leisure hours for very many years. M. Mocquard leaves a son, who is a major in the army. Thu Abb4 Deguerry passed the night by M. Mocquard's bedside, and was with him when he breathed his last. be Court. WLNDSOR CASTLE, Drc. 9. The Queen, accompanied by Princess Helena, drove in the grounds this morning. Princess Beatrice went out walking. Despatches were received yesterday at the Colonial-office from the Governor of Malta. Despatches were sent to the Governors of the Cape of Good Hope, Natal, St. Helena, and the Manritina. The Duchess of Somerset and Lady Gwendoline St. Meur arrived at the Admiralty hat eight from Sir Frederick and Lady Hermione Graham's, at Netherby, Dear CArtille. The Marchioness (Frances Anne) of London derry is somewhat better. The FArl and Counted* yen. are staying with her ladyship at &sham Hall. The Earl and Countess of Wilton will er.tertain a succession of visitors during the hunting season at Egerton Lodge, Melton Mowbray. Viscount and Viscountess Palmerston will receive a select party ►t Broadknds, Hants, during the ensuing week. The Right Hon. Sir Francis and Lady Augusta Baring are entertaining a select circle of friends at their seat in Hampshire. A suit which is now pending in the Probate Court gains special interest from the fact of Judge Kelly, of the Admiralty Court, Dublin, being the plaintiff ; the defendants are the Misses Dunbar, nieces of a Mrs. Slade, who died in June last in Dublin, leaving legacies to the ladies in question, and making the learned judge her residuary legatee. The legacies of the niece; three in number, amount in the gross to 2,000/. ; the sum which Judge Kelly would take as residuary legatee does not clearly appear, but seems to be about S.OOO/. The Misses Dunbar, however, assert that Judge Kelly exercised undue influence over the testatrix, who, it is alleged, was week in her mind ; and the defendants accordingly impugn the vali dity of the residuary clause, although they admit the vali dity of the rest of the will, including the clauses giving themselves the legacies. The will wee dated November, 180.3. THE QI7ELN'S NEW CAMEOS. —The Queen has commissioned Signor Seulini, of Rome, to executes number of cameos in shell, representing the busts of her Majesty sad the late Prince Albert. Some of these beautiful works, exquisite in conception and in art, have arrived in London, where they will be set in gold and presented, it is said, as others have been, either to members of the royal family or to distinguished ladies, personal friends of the Queen. One not uncommonly meets with German ladies who wear on the left shoulder decorations presented by their goverment, and perhaps her Majesty in this touching way has insti tuted an order to perpetuate the memory of one in every manner so worthy of her deep affection. The likeness of Prince Albert is inside, that of the Qoeen outside, mod both are admirable ■pecimess of the artistic skill of Saulini. Already by commend of her Majesty six cameos have been cut io pietra dura (onyx), four in shell, sod live more in shell have yet to be completed. Therein pietra dam require long and patient labour, each nocupyiog from three to four months lathe completion.—At?iends THE CHRISTMAS NOVELTIES AT THE THEATRES. (From the Era.) For many weeks past the managers of the London theatres have been busily preparing the entertainments to which the holiday-makers so anxiously look forward at the Christmas season. On the present occasion the expendi. tare has been even greeter than in former years. HER MAJESTY'S THEATRE will have a pantomime fur nished by Mr. H. J. Byron, who has expanded the nursery legend of the Lion of Windsor fighting for the Crown into a burlesque opening, which will have the assiatance of Mr. George Honey and a strong body of vocalists for its inter. pretation. The ROYAL Diann OPERA bas a pantomime furnished by the Brothers Grinn, and produced under the immediate superintendence of Mr. A. Harris, with greet are and cost. It will be entitled Cinderella; or, Harlequin and the Magic Pumpkin and the Great Fairy of the Little Glass Slipper. Mr. W. H. Payne has, of course, the principal character in the opening, and the scenery, by Mr. T. Grieve, is unusually elaborate. The famous one-legged dancer, Donato, appears in the harlequinade, for the lint time in this country. Dacar•LsrE 'Nunn, as usual, is supplied by Mr. E. L. Blanchard, who has treated the story of Hop o' My Thum?, and his Eleven Brothers in an entirely new manner. The principal characters in the opening will be represented by Master Percy Roselle, Miss Lydia Thompson, Mr. G. Belmore, Miss Helen Howard, Mr. Tom Matthews, and Mies Hudapeth. The scenery and effects, by Mr. William Beverley, are said to be exceedingly striking, and Mr. Ro bert Hokin secures the excellence of the stage ►rraange. menu. The fantastic and artistic designs of Inkwynk7n will add to the humour of the induction. Morning per. formances will be given every day following Boxing Night for the remainder of the week. The HAYMAN= has a fairy burlesque by Mr. H. J• Byron, founded on a story by the ()mama d'Auluois, not hitherto made use of for stage purposes, and which will embrace the whole strength of the company. The LYCEUM will have a new craned drama in which Mr. Fechter will perform, and a revival of the oelebrated drama of Ro , ..rre Morally, in which that accomplished actor will represent the hero, originally played by the celebrated Frederic Lemaitre. The PunEns's continues the run of The Streets of London, followed by a brief extravaganza. The OLYMPIC is supplied by Mr. Burned with a clas sical Burlesque called Cupid and Psyche. The STRAMD has The Gnu Bashes, a burlesque by Mr. H. J. Byron on the old Adslphi drama. The Anr.LPUI is also supplied by Mr. Byron with a burlesque on a classical subject. The ST. Jauns's will re-opeo, under Mils Herbert's management, with a new classical burlesque by Mr. W. Brough, founded on the mythological story of the "Labours of Hercules." AsTLET is catered for by Mr. Greenwood, who has in pelmety attached a remarkable story to " Jack Sprat," of nursery memory. The SURREY is historical, and Richard Czur dc Linn is likely to figure in an entirely novel form. The Vlcroula has the marvellous Baron Ifunchauseu for its hero. The New ROYALTY continues its popular extraysganita of Snowdrop. Semmes WELLS is provided by Mr. Millward with a local subject, uniting the history of Sir Hugh Myd.lelton with the Bailiff's Daughter of Islington. The MARTLEBONZ takes the Bronze Horst for its title and the other the►tres have pantomimes in preparation which seem likely to absorb all the names left in story-book and nursery rhyme. The associated societies of the Edinburgh Univer sity held a meeting on Thursday night, in the Societies liall College, for the purpose of nominating candidates for the office of honorary president, which is at present held by the Lord Advocate. The candidates proposed were the Duke of Argyll, Sir Archibald Alison, Dr. John Browne, Lord Ardmillan, Professor Christian, sad Dr. Samuel Warren. The election takes place on the 20th inst. The number of the Publishers' Circular just issued mobiles specimens of the illustrations in the Dew Christmas books, and a very valuable summary of literary intelligence. The Poet 'Aureate, we (Rcadcr) hear, lately read " Maud" before a select and very limited audience in London. An almost perfect example of the great Auk (Aim impcnais), in a mummy state, has been forwarded to the British Museum by the President of the Nova Scotian Institute of Natural Science. Gibson, the sculptor, says of the newly-found Hercules :—"lt is the most beautiful work of art in Rome, It made me melancholy the whole of the day after I bad seen it, to think that, after the labour of a life, I bad made such alight approaches to the perfection of the master-band which had executed that work." The Popular Concerts are announced to com mence on the 16th of January. A new society, the Beethoven Society, advertises its intention of giving eight Saturday evening concerts during the winter ; the evenings "to be chiefly, but not exclusively, devoted to Beethoven's compositions." On the 3rl ult., Samuel Brooke Kemble, mid shipman of her Majesty's ship Orlando, second eon of the Rev. Charles Kemble, rector of Bath, a lad of 15, was drowned, together with seven other officers and four men, by the capsizing of the ship's cutter. in Tunic Bay. " Roy - al and illustrious personages," writes a Paris correspondent, " are rapidly losing the association of mystery end sublimity in Paris. The facility of travelling brings us weekly kings, and princes, and celebrities from all quarters of the globe, who turn our hotels into a court for st►te receptions. At the present moment the Hotel du Louvre is occupied by the famous General Tom Thumb. , After threading your way through servants and officials, you find yourself in the reception room. Here the general stands with his back to the fireplace, accompanied by his little wife and sister-in-law, a lady 24 inches high. At the other end of the room is a nuns, who holds the infant offspring of the little couple, a doll child of one year old. I took the liberty of reminding the general that be had reached the extreme height of all ordinary distinction and wealth ; that there was now nothing to aim at but a throne. We had a difficulty in finding kings in theme days—Would he accept a moms ! 'Yea, sir, I'm perfectly prenatal for that busload's,' said the little men. Heroines of his lords in waiting broarbt the generals telegraphic despatch from the director of the Crystal Palace, near London, and I am happy to inform your readers that the general end his family will armed to that magnificent royal palace and ' maim' than daring the Christmas holidays,' Dzn • n wen , fel goo • thn chl oee P , refs win she kw [VA Tel re I SP! the WOO mad arm 301 taw to as rch. .k pls 91 a w tlt to eodet dim W hem App villa o ever time hrnar3 Re ear rioting Uccle Mr. ln whist though !come on. UTe at she done penet ' wife . to Cs the L his r. Step og in rule to, In tope CO redly I TWO!) le. Th., ed • .k of hi been ',motor Cat id he aol . me eel I did t 'n:." 51 e case, .roson I one. '1 r. Brag pert t'roes-e id to troul og of soady t that dl we • •quill 3 le table eti he India, Howere to d some She dung spoken o g PurPo Harris's week. S 'mistress& goiog to SOON . SW • &tee .21E-1 ]4.a