The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1887-04-09 00:00:00

THE DE TOURVILLE CASES

The petition of Mr. W. Brigham, of Manchester,
for a receiver of the Brigham estates, in the East
Ridinz of Yorkshire, came again before Mr. Justice
Kay on Saturday, when Sir Henry James, Q.C.,
appearing for the vetitioner, explained that the error
which occurred in stating that young De Tourville
was dead when he was alive, had been accidental,
and that the circumstances were laid before junior
counsel, who had the drafting of the petition. There
bad been no intention to deceive the Court. Mr.
Justice Kay put it to Sir Henry James whether the
Court would be justified in committing the enquiry
which was asked for—whether young De Tourville
was living or dead—to a person who could deli-
berately keep back from the Court the knowledge
that the infant was alive, and that person, too, a person
who was interested in making out that the boy was
dead. Sir H. James said this gentleman instructed
counsel, the facts were placed before counsel, advice
was given by counsel in the best faith and to the beat
of his judgment. No doubt it would have been butter
to have placed the whole facts before his lordship, but
both the London solicitors and the solicitors in Man-
nehoetsetaeerthintvoinngotnaek esnid
eth. e
ladf vthicee
wof
ocloeumnsaetltetrhheyadcbeoueldn
placed before his lordship, would there not still have
been matter for investigation? Mr. Justice Kay, in
giving judgment, said he was very glad to have re-
ceived the information, but the result of it all was
that a very grave error in judgment had been com-
mitted, whoever was to blame. The business he had
to do sitting as a judge could not be done if he were
to suspect every moment that the professional gentle-
men employed were trying to cheat him. He acted
i
relying upon their honour n the fullest manner, and
on that rule of the court, well known to both bar-
risters and solicitors—those who made ex parts appli-
cations were bound to act. His lordship stated that
he bad seen the young man, that he had no doubt of
his identity, that the Court would now take care of his
interests, and the petition would be dismissed with
ants, to be paid by the petitioner

LORD RANDOLPH CHURCHILL AND
HIS CONSTITUENTS.
Lord Randolph Churchill addressed a meeting of
his constituents on Saturday afternoon at the
Metropolitan Music Hall, Paddington. Mr. T. G.
Fardell, chairman of the Paddington Conservative
Association, presided, and amongst those present
were Lord Duttraven, Lord Curzon, M.P., Sir John
liennaway, M.P., Sir J. Gayer Hunter' M.P., Mr.
Baumann, M.P., Mr. Howard Vincent, M.P., Mr.
Elli.tt Lees M.P., Mr. Seeger Hunt, M.P., Mr.
Robinson, Lees,
Colonel Hamilton, M.P., and Colonel
Anstruther, M.P.

Lord Randolph Churchill, who was loudly cheered
on rising said he owed the electors of the division an
apology for his recent non-attendance and his neglect
of parliamentary duties. The 18 months which pre-
ceded his resignation of office had been of a most weary-
ing character. Another reason why he had kept silence
was that he did not desire that his advocacy of the
great question of economy and retrenchment in the
public service should drag him into a position of hos-
tility towards the present Government. There were
many instances of Ministers who had been obliged to
separate themselves from their colleagues, and to
u.eee things uncommonly hot for those colleagues.
I I Aughter.) There were many instances of that par-
tscular form of political action, but he had not been
much impressed with those precedents. Generally he
might say that on many questions of oommon inte-
rest he was in concurrence with the Government. In
respect to the maintenadoe of the Union and the
restoration of order, he was in the must complete
concurrence with the present Government. (Cheers.)
Now, in the first place he should be, to some extent,
performing his duty if he remained true to and never
swerved from the Conservative principles; secondly,
he should continue, to the best of his ability, to
contribute to the strength and unity of the
Conservative party; and, thirdly, he should
speak to them with the utmost candour
and frankness on all occasions. He could
understand that there might be some present who
would desire an explanation as to the change in his
position from Chancellor of the Exchequer to an
unofficial and private member. It was his duty to
give an explanation in all honour and frankness con-
sistently always with obligations of honour and duty
towards his former colleagues. (Hear, hear.) In all
probability, if it had fallen to him to occupy any
other office in the Government, he would have been
in the Government now. But he was Chancellor of
the Exchequer and leader of the House of Commons.
In the former capacity he was almost mainly respon-
sible for the public expenditure of this great empire;
and as leader of the House of Commons he was
largely responsible for the general policy of the
Government, which had to be expounded and de-
fended night after night in the House of Commons.
As Chancellor of the Exchequer, he felt it absolutely
necessary not to spend one shilling of the public
money that was not absolutely required by the
exigencies of the public service. (Cheers.) Did
they think, knowing what they knew now, but
which they did not know then, that he
could have felt any certainly upon that point?
What had taken place since the commencement of
the year with regard to the expenditure of public
money? Let them look at the disclosures, which he
described as shameful, which had been brought before
the public by the committee appointed to inquire inte
the system of negotiating admiralty contracts. (Cheers.)
He asked them to look at the report of the committee
appointed to inquire into the cutlasses and bayonets
which were supplied to our sailors. (Cheers.) Since
1871, the War Office, which spent eighteen and a half
millions of public money, had allowed our sailors
and soldiers to be armed with weapons which the
committee had described as absolutely inefficient, un-
trustworthy, and unfit for service. That department
had allowed that state of things to continue since
1871, and would not have acknowledged the fact until
an independent committee told them what were the
facts cf the case. Let them look at the speeches
which had been made by the First Lord and Secre-
tary of the Admiralty, who had pleaded guilty
in the past without qualification to a system
of expenditure of public money which really
would not have disgraced the Government of
Russia—Cloud laughter)—and he would invite them
to read the Parliamentary paper containing the report
of Sir William Dunbar with reference to the expendi-
ture of that enormous vote of credit of eleven mil-
lions which was taken by Mr. Gladstone in 1885.
(Cheers.) If they studied those points they would
come to the conclusion that he could not, as Chan-
cellor of the Exchequer, have the smallest certainty
that in granting the estimates of the two great spend-
ing departments he would not be taking money out
of the pockets of the people to waste it just as much
as if it were thrown into the gutter. (Herr, hear.)
But it would be said that these things would have
been known without his taking the step he did. He
quite admitted the plausibility of that statement; but
all would not have been known, nor would public at-
tention have been attracted ts) the matter. No Chan-
cellor of the Exchequer had ever resigned before on a
Question of public money—(cheers)— but he believed
that many Chancellors of the Exchequer had
threatened to resign (laughter) but for some
reason or the other the crisis had been postponed.
(Renewed laughter.l His own resignation 'had the
effect of creating such a stir that it turned
the full glare of public opinion on the
two great departments, and it illuminated and
brought before the eyes of even the blindest the dark
nooks and crannies of the working of those two de-
partments. (Cheers.) It was said that he resigned
for motives of personal ambition. "Great God !"
said his lordship, "if it were for personal ambition all
I had to do was to stay where I was." (Loud
laughter.) It was also said that he declined to grant
money for the defence of our mercantile ports and
coaling stations. No less than 32 millions were
spent annually, and he told those who brought in the
estimates that if they spent that money properly they
would have ample to spare for coaling stations and
mercantile ports. (Cheers.) It was further stated
that it was his intention to bring in a popular Budget.
He had no hesitation in telling them that his pro-
posed Budget contained projects and schemes which
would have been decidedly unpopular. (Laughter.)
He believed it would have been sound financially, but
be thought it extremely probable that certain parts of it
would have aroused a great amount of unpopularity,
(Renewed laughter.) He would not consent to take
any professions of amendment from the two depart- 1
manta, which would always find in him a relentless
enemy. He would criticise them in Parliament and
in the country until the expenditure of public money
was put upon a healthy and business-like footing.
(Loud cheers.) His action in resigning had saved
the country a large sum of money. The Secretary
of State for War had placed the estimates for the
year at £18,564,000, an amount which was some
£300,000 odd in excess of what it had been in pre-
vious years; but after long discussion he could not
get anything taken off. But it was a remarkable
thing that after his resignation the estimates under-
went a revision, and they were reduced by the very
respectable amount of £170,000. The Admiralty 1
estimates were also reduced by .£700,000. He had
also to deal with an estimate for nearly half a million.:
in connection with the defence of our Egyptian '
frontier. He knew that sum had been incurred
without the sanction of Parliament, and he
flatly refused to have anything to do with it.
(Cheers.) Owing, however to representations made
to him as to the state of bankruptcy to which Egypt
would be reduced if the money were not repaid, he at
the last moment consented to the estimate. His suc-
cessor in the office of Chancellor of the Exchequer
also refused to recognise these estimates on the same
grounds, so that adding those three amounts together,
his action had resulted in saving the taxpayers of the
country £1,400,000. (Loud cheers.) He was as
strong a defender of the Union as anyone could be,
and at the time when he resigned office he had come
to the conclusion that he cculd do better work for the
Union outside the circle. Now he directly traversed
the accusations that had been made against him. He
dd not believe there was in the country a more con-
vinced supporter of the Union than himself. He had
come to the conclusion, without prejudice in any shape
or form, that the Union must be maintained, because
the project of Home Rule was utterly unworkable
and impracticable. (Cheers.) He would tell them
why he could no longer fill the position of the leader
of the House of Commons a few months back, and in
doing that be must ask them to go back with him to
the year 1880. That was a very dark and gloomy
year for the Tory party. It was the year in which
he commenced his political life; and that year
saw a strong Government which had thoroughly
deserved the confidence of the country, which had
carlied the country through great dangers, and which
was headed by one of the greatest men England had
ever seen, hurled out of office, and another Govern-
ment take its place. He had learnt three lessons
from that General Election—first, that the people of
England, after all, had the power in their hand, and
preferred a peaceful foreign policy; secondly, that
they were in favour of an economical and thrifty
public service; and, thirdly, that they wine in favour
of an honest policy which should amend any abuses.
Between the years 1880 and 1885 he never ceased to
denounce the Gladstonian Administration in their
shortcomings in those three respects, and he never
ceased to proclaim the policy which he considered to
be well within the principles of the Conservative
party. It was while filled with those ideas, and with
the full support and concurrence of the present Prime
Minister, that he made the Dartford speech, which he
had reason to believe satisfied them, and which was
publicly accepted shortly afterwards by the present
leader of the House of Commons as containing a true
and faithful explanation of the Conservative policy
at home and abroad. The question he had to
ask was this—Did his resignatien endanger
the Dartford programme? No, it made it more
certain, and it was far more likely to be carried
out now than when he was in office. (Cheers.) The
foreign policy of the Government 'since his resignation
bad been considerably modified, and the English
people were not likely to be directly complicated in
any Bulgarian question. On the question of legisla-
tion he could not say much, but he felt convinced on
this point, that the strong Liberal infusion made into
the Cabinet could not fail to have a most beneficial
effect upon the legislation of the country. (Hear,
hear.) The Government, he must say, had produced
one or two admirable bills.; and, in fact, they saw the
leader of the party bringing forward measures which,
if they thought over their character, were sufficient
to mike the Duke of Wellington and Lord Eldon turn
in their graves. He had only this suggestion 'to offer

to her Majesty's Government. He would advise them
in the matters of local government, and allotments for
agricultural labour to produce bills dealing with
those subjects immediately, not that they could hope
to make progress with them, but by so doing they would
show the public that they honestly intended to redeem
the pledges they had made. He had shown them, he
thought, that, so far from during harm, on the whole,
the course which he took in December last did good.
(Cheers.) He wanted them to realise as fully as he
did the awful and desperate nature of the struggle in
which they were now involved—a struggle between
the Government of the Queen and Imperial Parlia-
ment and the forces of treason, and sedition, and
anarchy in Ireland. (Cheers.) The struggle, which
assumed a Parliamentary form on the previous night,
was no ordinary trial of strength between two political
parties. This moment was one of those moments
that would from time to time occur in the lives of
nations and States, when the whole fabric and frame-
work of political society was tried and shaken. He
had Ken this great struggle coming on for some
time. In a speech which he delivered in Edinburgh
in 1883 he had the good fortune to prophesy with
singular accuracy the exact nature of the struggle in
which they were now engaged. There was only
one thing he did not prophesy, and that was that
Mr. Gladstone would put himself at the head of
the Irish party. (Hisses.) Her Majesty's Govern-
rnent had introduced a bill into Parliament with
the object of procuring from Parliament greater
powers for the protection of life and pro-
perty, and for the detection, conviction, and punish-
ment of crime in Ireland. (Cheers.) He considered
that the bill was admirably conceived and constructed
He went for the whole bill, and he would even go
further, and say that the whole bill in its entirety
must be passed if they wished to preserve the Union
between Great Britain and Ireland. (Loud cheers.)
Now he had hal some knowledge of Ireland, and he
said that, from what he knew of the present position
his belief was this—that within a month or two
months from the passing of the bill, if it passed into
law, Ireland would be, so far as law and order and the
protection of life and property were concerned, as
quiet and tranquil as that Philharmonic Hall.
(Cheers.) He firmly believed that within a couple of
months of the passing of the bill peace and ordet
would reign again, and liberty—true liberty—breathe
once more in Ireland. (Loud cheers.) As in agricul-
ture they had to break up the clods before sowing
seed, so they must break up the lumps of anarchy
which were paralysing all remedial measures, and
the plough of a strong Executive Government
must be used before they attempted to sow
the seeds of remedial legislation. (Loud cheers.)
He did not hesitate to proclaim his honest opinion
that the present Government had been patient and
prudent in introducing their measure, and they had
waited for the tide of public opinion to impel them
forward. They had done their best to govern Ireland
with the ordinary law, and they had produced theit
bill at the right moment. Having expressed his deep
regret that the Government should have lost the ser-
vices of Sir Michael Hicks-Beach, his lordship went
on to say that the army against them was once headed
by Mr. Gladstone—(hisses)—and a great staff of
Liberal lieutenants, and composed. of grades and
phases down to the rabble of assassins, who were pro-
bably at the present moment sharpening their daggers
and preparing their bombs in the slums of New York.
(Loud cheers.) All these forces were animated by a
dangerous spirit—the spirit of desperation; and there
was nothing they would not recoil from in order to
defeat the measure of the Government. (Cheers.)
The bill was the death-knell of the Repeal army.
The National League was the creation of Mr.
Gladstone—under his government it came into being.
Through his neglect it fostered and grew, and now Mr.
Gladstone had formally recognised it as his own
child, and extended to it an affection purely paternal.
Mr. Gladstone bad departed from the traditions of
party life by refusing to give a fair trial to the policy
of his opponents. It was that which made the
struggle so difficult. (Hear, hear.) He hoped the
bill would pass —(cheers)—but if the Government
were weak and made concessions it would not pass,
and the Union would be lost. Therefore he hoped
they would stand firm, in which case their supporters
would stand behind them. (Cheers.) he prayed
that in this hour of trial, when the life of their Par-
liament, when the existence of the Empire, when the
welfare of the people, and the future of their race
were at stake, they would be indomitable, and that
their courage and hearts might be high. (Loud and
continued cheering, during which the noble lord
resumed his seat, having spoken nearly two hours.)