The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-08-07 00:00:00

THE STOURBRIDGE OBSERVER.

fiesta.. lust it might prove a nit a itnatiou.
Dr. Genhard-, the representative if the magistracy,
ne cent also a reverend prelate. Dr. Spital. On arriv-
ing at the cloister they had come difficulty in ebtainiug
an entraw.e. but this was overt ime hy the Pre-enes
of the prelate and the sanction of the Bishop to
their admission. When the magistrate informed
the ester who received them that he had come here
to see and to speak with the nun Birhara Abryk,. she
shrunk back, and replied that it was not p..-rile.
She would then have hastily retired with another
peter, hut was prevented. Dr. Gehhardt, the
magistrate, ordering her, in the name of the law.
not to move. Accompanied, then, by the nuns, the
Commissioners ascended to the upper corridor, where
betwixt the dining-room and the cloaca they were
shown the cell of the nun, with its strongly-fastened
double door. On entering the oell, • spectacle met
them scarcely to be described, and yet it ought to be
told, for it shows what fearful wrongs may be perpts.
trated if individuals are handed over to the tender
mercies of Concordats, and to arbitrary, irresponsible
rule. The cell was some 7ft. in length by 6ft. in
breadth. The window was walled up, and only
through a narrow chink a ray of sunlight could pene-
trate. There were no tables nor chairs, and no stove
to furnish heat in the inclement winter. The stench
of the cell was hardly supportable. In a corner, lying
on rotten, stinking straw, lay the poor crouching
creature, "halt Me.sch. hub Meer, half human, half a
brute, half savage, halt mud utterly naked," her holy
filthy, for she had not been washed for yew.. Her
lean lames hanging hose, her cheeks eutiken, her hair
thshevelled and dirty—a fearful being, whom even
Dante, with his amaz.ng imagin stire force, could not
have i.ortrayeii This par skeleton of a WOIIIEVI
at
the sight of the visitors shook herse.lf up, and. hilding
her liani's and bitterly WCYpilliZ. PAO, "I am hungry,
have pity on me, give Inc food (Fleisch) and I will he
obealient.." The magistrate immediately sent for the
Bishop, who, to do him justice, showed as string in.
dignation as any othere. Let the name of Bishop
Guleeki be honoured for it. He called the abbe.., the
nuns, and the father confessor into his presence, and ,
reproached them with the utmost severity for their I
inhuman conduct. The wretched abbets he commanded
to conduct the nun Barbara into another cell to be
clothed and cared for. As the poor nun retired she
asked if "she was to be led back to her grave again."
The abbess seemed quite unwilling to obey the eccle-
siastical order. She evidently thought that in sparing
the nunnery a scandal she hail done a work pleasing to
God. The father confessor of the cloister ventured to say
that the immuring of the nun had been known by the
Church authorities, which both the Bishop and the pre-
late indignantly denied as an utter falsehood, and the
former suspended bath him and the abbess from their
offices. Toe nuns tried in their turn to ewee them.
'elves, but with as little sumo.. "Is this," he said,
" your love of your neighbour ? Will you reach heaven
in this way, you (Parise, nicht Welber) furies, not
women?" And when they attempted to answer—" Be
silent," he thundered out ; "go out of my sight, you
who have scandalised religion. Away with you." The
Poor nun was asked why she had been immured. She
answered, "I have broken the vow of purity;" but
then added, wi. h a fearful gesture and a wild spring.
" Tnese also are hot purr; they are no angels."
Then she sprong on he confessor, crying "Thou
bealc." Tim foltowir day the nun was eieited by the
medical authorities In their opinion she is rather
"rericildert," becorm will 1.(1 savage, than deranged.
anti they Ind I out hopes of her rec Avery. As CO her
confession of misconduct, it still remains, to be seen
whether this be not a dilueion of the brain. The ab-
bess does not seem to hose accused her of anything ,
hut madness, if we can, indeed, count that an &caw I
I iarbara. the win, has since been taken to an asylum
f T the insane, awl she seemed • little revived by the
fresh air, hut she tr.-luta...it on enterit g the institution,
and finding that she was to he under the care of the
Gray Ststerhood." The Vienna journals comment '
•ts extraordinary arrangement, which perfectly
astonishes them, as well it may.
Justice is now following its course, but there are
great impediments thrown in the way. The cause
may be plupwrecked by the obstacles mail. by the
i
ecclesiastical authorities n regard to the test imiwy "f
nuns. The nuns wear thick eels whett examined ho
the magistrate, so that he cannot tell who is the wit-
twee before him. The Concordat is still a cause of en.
tanglement in Austria, hut this deplorable inciden.
will clear up 'he relatimis of Church and State. '' To
curse and oppress" one of the Vieille, journals ob-
serves, "is known at. 11011116. but there is neither the
strength nor the will to free from the moat crying
ohne..." It is said that the imtuuring of thia min was
known even some ten years ago at Cracow, but that
the Concordat and the Imperial policy opposed
mvii-
obstacles to the inquiry.
Several hundreds of the citizens attempted to seize
and destroy the nunnery and expel the nuns. Military
force alone prevented the accomplishment of their put-
tees. They afterwards attacked a Jesuit institution
where there is a rumour that great cruelties have also
prevailed. The moral we drAw from this horrible story
14 that monasteries and nunneries must be thrown open
to the free-inspection of the civil power.

-----------------
My I Tot hey ttrgtti t upon the g tilt leo that polltt
attempt should be made to deecend alter his friend,
hot it was declared by them to be utterly impossible.
T e only way, they said, by which the si ot could be
reached was be returning to Grindelwald, and sending
m-n theme op to the I.auter-aar glacier by the tipper
Grindelwald glacier. One effort WM mode by joining
the two ropes together and letting Swanson down as
for Os they would reach in the hope of his being able
to see anything, hot he could tee only the furrow
marked in the snow by the fall, and though he shouted
7 111...tyedliVhellno answer
returned C. a came.
e Grindelwald as rapidly as
they could, but the descent was rendered difficult by
the then insecure *tate of the snow and by the rocks,
and they did not reach it until five o'clock in the after-
noon. My brother immediately applied to Herr
Bohren, of the Hotel de l'Aigle, who at once exerted
himself with a promptitude and zeal which cannot
sufficiently be praised, and which demand our grateful
acknowleagement. He sent off directly six guides,
under the direction of Peter Michel. to use their
utmost efforts to discover the body of Mr. Elliott.
They took with them provisions for three days, and
everything that could be suggested as of use, and they
are to sleep at the Gleckstein.
Early this morning four more guides were sent,
Biner and Baumann being of their number, and we may
moon hope for some tidings as to the result of their
exertions. kty brother com-iders that no blame can
attach to the guides for what has occurred.
boner woe Mr. Elliott's favourite guide to whom he
woe personally attached, with whom he had made almost
all his aricenta (except that of Matterhorn), and in
whom he always placed the greatest confidence.
With regard to Mr. Ellk.P.s disinclination to be tied,
it moat be borne in mind that there are two opinions
as to the use of the rope under ouch circutnitances ;
and Mr. Ellit's great experience in clinutiing would
render him the best joilge of what might be the most
advisable course in each particular instance.

The body of the unfortunate gentleman has since
been found on the Lauter•sar glacier, by the party of
guides sent to search for it, and was brought back to
Grindelwald the next day by the Grimsel and Strait.

In connection with the above melancholy event,
" Thomas White," writing from King's Lynn, the 3rd
instant, has sent the following to The Times for publi-
cation :
Al the lad person who shook hands with poor Mr. Elliott
on his way wp the schreckhorn. I may be able to give a few
particulars which will be of painful intereat to his fi lends.
and two friends met him and Mr. Phipps Brat at Engelherg,
having a
upon Mount Mts. After dinner
Mr. Elliott's party pre erred to push on over the loch
Pass, with U.S view of shortening the next day's work,
by sleeping at the little inn at Englsten Alp, but
we met about seven am., on the snowy top of Tads, the
next morning. Mr. Elliott was in high 'phi sat being again
noon the snow, and told me be had left England in very pot
but " today." he said. "1 beg ri to live swabs" It
was a glorious morning, and a vast expanse of menu peaks
end staclers lay all around us, awl he expressed his wish to
hve noon them without going down Into the valleys again ,
and be was fuil of fun. especially when the linen masks for
the descent were again put on. Rosevear, he certainly
.eemed hoed.
We dined together at &neaten Alp, and afterwards sopped
and slept at Imhoff and our part, came to the conclusion
that, In spite of it,. exoerience and ability as a
climber, he had been Unwise to begin his work this year with
to long a ell nth es Tans.
On the following Siondey one party had been exploring tb. 1
Orindelwal.l por: ion of the strahleck Paso, zed being drive
hy the rain we encountered Mr Elllott'A party again
the middle of the Kinnear. sear the Zasenberg. We stopped
and chatted together, bail thought Mr. Elliott less cheerm
than before. Still, L had so prneuttment Of the mein
calamity which was In a few host's to happen. They were
obis to sleep In a cave called the Kastenstele, at the foot of
the Schreckliotn, so as to make as. early start up that !amid-
able mountain.
An to the accident Itself, so blame probably &Mathes ha
anybody. The snow had been for a fortnight In capital order, .
but just at its jenction with the rocks there was invariably
a thee glazing of ice, produced by the greater heat of the
rookie outing the snow to melt for some part of the day, to
freem again at night. If Mr. Elliott was fagged—as I have
little doubt he was—from not hawing got yet into good
training, a false step would be very likely, and of course
w I bout the rope would he fatal. Bat Mr. Elliott's guide
waa a splendid lellow, and must be exonerated from blame.
Ile had ties., ascended Tittle before, but he refused local
ant, atel stnva ont a path for himself both up and dome,
eveatly superior to that used by the Oberland guides The
latter are too Bind of the rocks, and in, the descent we were
oi ought he them down some very ugly places, while they
were cmickling over the istucrancs of the foreign guide in
leading his party appivently into a Masa of crevasses. It
fur. I .t however, that the Zumstt guide was right, as
he pursu.d a touch more mredit mut and easy path down the
./ lacier itself di able a ilide vioul I not be likely to neglect
inty precautions that he d.emed essential, and the lamentable
occurrence must ,e taken lobs one of those casuaPies which
nun-t w ays be p sande to men that will carry their lives in
their hands to seek health on the Wiest summits of the
Alps.

SI r r• oKehle tee oeienuaut's affidavit, toy told, 111 Ibis.
b:lehkohiiir:mpantw,udfe:ture and sale of baking pow der has been well
0 and practised to a con-iderahlo extent," itc. [Au
So:ahem e rood a eon iou of the affidavit]
They do not complain of your nuking
of
en :to
41:1t.t:::::d: hint.:
printi:Ntgl 17' e: 'wh'wte.
which they
wnt
tyd theybe ol
object.
.wres complainemrel Idosofn
these
part es live?
tlr. southeate : The plaintiff lives in London, and the de-
fendant ln Norfolk, where he has been carrying on business
for twelve years. Dir. Southgate read • further portion of
the affidavit].
Lord
ta Romilly Is there any evidence of persona being mis-
ken?
Mr. Southgate : Not • line.
lir. Jesse' : You cannot get an affidavit of that kind from
people who buy this sort of article.
Mr. Southgate : My learned friend thinks that because
people cannot read they are therefore absolutely blind.
There is no affidavit of any sort upon that point. [Mr.
Southgate read a further portion of the affidavit.] My friend
was in error is saying that the defendant did not notice the
alum_matter st all ; it would have been lust as well if he had
not, because it Is utterly irrelevant.
Turd hominy : In the absence of anybody being deceived,
think the utmost I can do is to give leave to acing an
action.
Mr. Southgate If your lordship pleases.
Lord Itomilly : Certainly, when a person looks at the two
labels horn a distance, they do look very much alike.
Mr. Je.sel With reference to bringing an action, your
lord-hip sees that this is really a matter which this court
c in cl.:cide tor itself, as to whether these labels of the defen-
d int are fair or not. As to the qiestion of our showing that
somebody his been misled, your loi (Isidro will remember
that this soon began to imitate our second label in May,
1e69. and is he still to go on because we have not yet caught
costemer ?
LOrd It .milly I will tell you what I flud in a great num-
ber of these cases—such, as for instance, I found an the ale
labels and others—there is, in truth, a sort of resemblance
among all,
Mr. Jeosel That Is not alleged. These are all yellow and
white, ehich the defendant verifies In this case. Ido not
think he has got another zed one in the world.
Mr. Southgate : There was a case is the Appeal Court,
relating to the quinine wine, which is not reported, where
standing at the distance of two yards, the labels were
identical ; but the injunction was refused because It was
proved by the printers that there wee a run on particular
colours for particular goods.
Mr. Jessel Here there is no such evidence. Your lordship
has had a case were there was such evidence The only
red ones are ours, the others are yellow or white, which
are the only ones he can verify. They are totally different '
things.
L. .rd 'totality : No doubt there is a strong resemblance. If
it were not so I should not say I would give you leave to
bring an action: but the name is distinct.
Mr. J. ssel I think Lam entitled to more than that on the
autuoritien if your lordship will be kind enough to give is
me. There is a case of Edelsten e. Vich," in which Vice'
Chancellor Wood in giving judgment rays this 4. lo the pre-
sent case the labels on the pac Sets of pins sold by the ef °Omits
near on the top the title ' Iler atajeny's Letters Patent.' The
embellishmeuts of the label are of the lame character, and they
oe arranged in the same form, and printed in the Mane
lb, hie type as the labels of the plaintiffs The same colonel,
moreover, are used, and there to • similar scroll or border.
co the general eye, therefore, they reaemb'e the plaintiff's
lebele, although upon a minute examination differences may
he detected." Every apatite of that applies to the care
whore your lordship. Then he says : It is impossible
1,0 look into the minds of the defendants, or to detect
their secret motives. The question rather is, whether
their acts were suck as ears likely to mislead
the pubic It is, I lid hk, enough to say that, consider- I
me all the points of resemblauce between the sheets and
"obl so
liter oaf ntdhoe t hPeirt ant j
wouldthe d e
befe out
ds to n.c cttheart,
it had tint been the result of • I ortuitot. occorrence of
event!. but had arisen from design" The Vice-Chancellor
earl not got that which your lordship has here—a second
chonge in the labels.
loud Romdly : The second change Is not nearly so much
like yours as the tint.
Mr. Jeseel Your lordship will notice the scroll in the
.nitidle. It is, as the Vice-Chime-elicir any,, of the same
molour, the same type, the same scroll work to the general
eye, althotigh on examination. there may be minnte differ-
ences. Then the Vice-Chancellor says : . I *mot opinion that
the design of the defeodants must he taken to bean to frame
the sheets and labels that an unwary purchaser might be de-
ceived, and led to mistake one for the other. That is all you
west, and that is all that is required, for it to be such a re-
semiiance as to deceive an unwary purchaser. This
',me, therefore, is identicaL Your lordship sees what
we have here la the general resemblance such as would de-
ceive an unwary purchaser. That is all that Is required to
grant an injunction. If your lordship will look at what oc-
curred in that case before Vice-Chancellor Wood and com-
pare it with the present. your lord.hip will are that, although
the winds were hot exactly the same, the Vice-Chancellor
thought they would deceive an unwary purchoser. One was
• ' sold heeded pins D. F Taylor and Company." The (tete',
c sri led on their business under the name of " Edenton
md Williams. late D N Teylor and Cempany." TheY sere
different names, still the Vice Chancellor said that the
embelli-hments of the labels are of the same cha-
racter, nod they are arranged in the same form, and
printed In the same Gothic type as the labels of the plaintiffs.
The same colours, moreover, are used, and there is a sim,lar
Kroll or bonier." The test Is this. Can you believe it was
the result of a fortuitous occurrence, slid that It was not done
on purpose? Does the man purp•wely imitate with •
view to get some advantage? If he does, he has an-
swered the question for the court, and that is the ques-
tion the Vice-Chancellor put to himself ; and he said
"A jury would be bound to assume that it had not been
the result of • fortuitous occurrence of events, but
had arises from design" That Is all that the court
has to see. There was no evidence of anybody being mis-
taken in that case. That has not wen considered necessary,
in the cue of "Glenn, r. Smith" there was evidence of that
character The Vice-Chancellor Nindeeshey in that case
in),:—" What the defehdatit boa done is calculated to mis-
lead the incautious, unwary, and heedless portion of the
public ;" &WI lie granted the injunction. I say this is
not an accident or a fortuitous occurrence. It has been
done 011 piirpoee. I say no human tieing looking at
:hese two labels can come to any other conclusion than
that it was done on purpose. If that a so then the injunctiois
follows. The moment the judge's mind is impressed with
this, that the defendant has done it on purpose and not by
accident, that lie has io.itated something and not in-
vented something, he aoswers the question whether it was
ntended to deceive or not. 'That is the law as laid down
hy Vice-Chancellor Wood, and I hope your lordship will
follow it. .
Mr. Finch My lord, lam with my learned friend Mr.
Jesse' lath's case. We do not claim any particular colour or
letters. Yonr lordship lugewa thee swimsa granted for in-
ventions hare the protection of the coutt for certain cone
lactation, and arrangements ; role this case we have adopted a
cembinatbm for which we claim the protection of the
court as against the defendant. Tour lordship has compared
these tenets, and your lordship sees thot the letters are not
merely white en the red ground, but white and Mock, and simi-
lar in arningement above and below the centre of the label. I
+ay, ....Goo that in mind, what the defendant is doing is cal-
culated to deceive the public, rail I therefore submit that we
are mail led to relief.
Lied Romilly I 'n not think the resemblance tetwern
these labels is 'MU ; ently strong to justify me in gririti.g
alt
itijuliction without further inquiry. The first too lands
June,ir to be much more like Wit items than the labels
which are used now. Tbere is certainly a great difference
between those on the boxes, but no doubt there is the red
colour wed. The scrolls are not at all the same, neither are
they•in the same place. All I can do, therefore, Is to gi
leave to bring an action, and let the motion Mand over toll
ichulmas
Mr Jemel Your lordship will let the motion stand over
with liberty to Wog an action.
Lord Itomilly Yes
Mr. Jesse' II your 1 .rdship pleases.
Mr. Reinlall : And the crets will be co .ts in the move
Lord Reinilly No. The mot ion stands over be this is a
question of fact I think 11 is very desirable is 8111,111 ii go to
low A jury coo understand these questioho id result:duce
or hot, much better than I Call.