The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1872-03-16 00:00:00

'OGMBRIDGF, OBBERTER.

and, therefore, it is that a " nonsult" always occurs at the
end of the plaintiff's ease when the infirmity of his case is
pointed out, and he desires to retreat and reserve himself
for another trial

It is not applicable and is never applied to any ordinary
case which has been met and destroyed by adverse evidence
on the part of the defence. In such a case, if it were worth
while for the defendant to conteet the point, he might
insist upon a verdict But in ejectment it is not worth
his while, for, as already pointed out, the only prac-
tical distinction between a nousuit and a verdict for
the defendant in other actions is that the plaintiff
may tiring forward his claim again, and in ejectment.he
oan always do so, whether there is a nousuit or a verdict.
Hence hi the Tichbonie Coe it was not worth while
to insist upoii a verdict, while in this particalar case,
from its peculiar character, there were strong remotes
why the Clainout's counsel should be anxious, if pos-
sible, to avoid an adverse verdict. The effect of a
verdict pronounced by the jury against their client
would have involved serious consequences, from which
his Counsel were naturally anxious doing their duty
to him to the last—to protect him. It was not of
the slightest legal consequence to him, so far as re-
garded his claim, for the reason already pointed out,
because, even although a verdict had been entered against
hint, he could have brought a fresh action to-morrow.
But, although of no eensequence at all as regards his
claim, it would have involved very serious consequences as
regarded his person. A verdict pronounced against him would,
of course, have involved a declaration of disbelief in his as-
sertion upon oath; and in all probability the Lord Chief
Justice would have deemed it his duty to say to the jury,
" I presume you mean that you believe his statement
as to his identity with Boger Tichborne to Le false r On
their answering any such question in the affirmative
the Judge would no doubt have instantly committed him
for trial on a criminal charge. This coarse is com-
monly talun in analogous cases, where a verdict for
the defendant means that the plaintiff'. evidence has been
considered false. As it is, the supposition of law simply
is that he failed in proving his cage. All the world
knows that the real truth is that the defence suc-
ceeded. There is a maxim about building a bridge of gold
for a flying enemy, and it matterslittle to km antagonist what
particular route he tattoo, and he will ba sure to return if he
feels strong enough. In this case, every one who has fol-
lowed the evidence ran judge of the likelihood. For this
reason we said that in this particular case there line practical
difference, as regards the result to the claim, between a nonsuit
and a verdict for the defendants. In either event the Claimant
could come again if he buds chance ; but as he has been de-
feated, not by failure in his own case, but through over-
whelming evidence against it, he may be assumed to have no
chance at all The term " non suit" is, in truth, 11l applied
to such a case, and is as much a misnomer as the thing itself
is an anomaly and no absurdity. It is one of the fictions of
the law, in which it is said the law so delights ; but hi this
instance it is a fiction every one can easily see through. The
claim has been defeated upon the merits, and there is prob-
ably an end of it for ever. The forum of law allow it the legal
possibility of revival, but facts are stronger than the forms
-ed fictions of law.

clai

The Prince and Princess de Joinville, the Due
d' Aumale, the Comte and Comtesse de Paris, and the
Due de Nemours took luncheon on Tuesday morning
with the Prince and Princess of Wales. The President
of the Republic, accompanied by a Staff officer, raid a
visit to their Royal Highnesses at three o'clock in the
afternoon. After the visit of M. Thieni, the Prince,
accompanied by the Princess, drove out unattended in
an open carriage. The weather was magnificent, and
the Prince appeared to be in excellent health.

•J"."'"'....----
the Prince that it had four places, and was The Magistrate asked if the surgeon was in attend-
__ ,d for the members of the suite, she laughingly mice, and was answered in the negative, the surgeon
jumped out, and with her husband mounted a coupe having stated that he did not like to appear, but
behind. I never saw a young couple seem more tho. would rather have the brandy tested by a proper
roughly to enjoy a holiday outing than toe illustrious authority.
guests who in early morning sunshine drove through The Magistrate said this was a very serious charge,
the streets of unconscious Paris to the Hotel Bristol. and directed that the prosecutor's wife and • ch) mist
Though the arrival of their Royal Highnesses is but should attend to give evidence. The prisoner WM then
little known, many names have already been inscribed remanded until next Wednesday.
in the Vit.iting book of the Hotel Bristol. Among
them are the Duo de Nemours and the Prince and
Princess Czartorisky. ......- ..,
On Monday the Prince of Wales went to Versailles
at 2 o'clock, and after paying a visit to President
Thiess and breakfasting with the English Ambassador,
was present daring a portion of the sitting of the As-
sembly, accompanied by Lord Lyons, General Sir
William Knollys, and Captain Arthur Ellis. The
Due d'Aumale and l'rince Joinville came and con-
versed with his Royal Highness. The Princ of Wales
happened to arrive towards the close of a discussion on
the proposal to prosecute two Deputies IT having
written articles attacking the Assembly. This discus-
-1 non gave occasion to the most tumultuous scene wit-
nessed in the Assembly for a year past. Only the
, arrival of his Royal Highness apparently brought it
; to a conclusion.

BURNING OF THE PARKS BILL.
(From the Daily Ness.)
Another " demonstrav ion" for the purpose of arrest-
ing the progress of the Parks Bill through the House
of Commons was held on Sunday afternoon, in
park, London, London, the spot selected for the gathering being
the saute as that occupied on the previous Sunday,
namely, the western side of the cluster of trees situated
midway between the north and south extremities of
the Park.
The weather was exceedingly favourable, and natur-
ally helped to swell the numbers present from among
the ranks of curious and indifferent pedestrians. Soon
after 3 o'clock the few hundreds assembled were enter-
tained with the constant recitation by several men,
each perched on a small box, and having a com-
panion beneath him, of a sort of political alphabet,
commencing "A stands for Ayrton!" with a prophecy
that the right hon. gentleman would be nowhere at the
next general election, and including the Chancellor of
the Exchequer and the Premier in stupid uncom-
plimentary dog.grel. In fact the ground was studied
with groups who were bein4 regaled—not apparently
much excited-11 these and similar performances, the
words " Ayrton and "Bruce," "the bees and the
drones," and so on, forming the burden of the din, and
a halfpenny being the minimum charge for the people's
enlightenment in a portable or panted form. The
most telling hit of all was a couplet in which, Mr.
Odger having promised when he comes into power to
" abolish every tax," the " people " delightedly
responded, "Go it, old fellow, there's a nobby king o'
wax." Several members of Parliament were seen
among the spectators.
It was about four o'clock when Mr. Odger and his
friends took up their position for the real business of
the day. There was no procession like that of the
previous Sunday; but the sympathisers in the object
assembled gradually in considerable force, and when
the speaking commenced some thousands of persons
were gathered in front of and around the leaders.
Mr. Odger, as chairman, strongly denounced the
conduct of the Government in trying to deprive
the working classes, who had helped them to power,
of the free use of the national parks. They were
determined, he said, now to forms party of their own,
and no other place than the park was large enough for
them to meet in. A demonstration would, he added,
soon be held in the Tower Hamlets, in order that Mr.
Ayrton's constituents might show what they thought
of his conduct. (Cheers.)
Mr. Shipton moved a resolution declaring the Parks
Bill to be a gross outrage on the constitutional rights
of the people, and ending with a request that the chair-
man to burn the Bill publicly and forthwith, as being
framed for the purpose of filching from them what was
their own. The resolution, after being seconded, was
carried with loud cheers, and thereupon the chairman
set tire to a copy of the hated bill, and hoisted it, in a
burning state, on the end of a stick, amid fresh cheers
and roars of laughter.
A vote of thanks and confidence was afterwards
vociferously accorded to Mr. Odger, who, in acknow-
ledging it, said that if the bill passed they would
give the Government a chance of doing what it liked
with them— (cheers)—meaning, as they did, to insist on
the use of that park for all legitimate purposes, of
which the holding of public meetings was one, and he
concluded by announcing that another demonstration
would be held there next Sunday. The crowd then
quietly dispersed—in fact, the whole of the proceedirgs,
which lasted about three-quarters of an hour, were of
an orderly character.

11111"...--7.------------_--_
Is no more masterly analysis of the faults and shortcomings
of the economic and Socialist schools than that which he
contributed some years ago to the columns of the People's
Journal, or any more profound criticism OU Thomas Carlyle's
writings then that which is said to have proceeded from his
pen in the Westminster Review. Ilia works have been col-
lected by Death, of Milan, haw twelve volumes, which, if not
already published ma complete form, are shortly to appear,
with a dedication to Garibaldi.
In private life Giuseppe XI arrini was accomplished and
courteous, and gifted with a genial manner which won regard
almost instantly, at least unconsciously. In London he lived
in the humblest manner, occupying often only a single room,
and generously bestowing the earnings of his pen on the cause
which ever lay nearest to his heart ; and whatever we may
think of his political opinions, few will be disposed to gum-
lion the sincerity, even to fanaticism, of ids devotion to 0110
idea—the cause of Italian unity.

Imobt

_
IiAZZINI'S PERSONAL APPEARANCE.
A writer in the Daily News gives the following ac-
count of Mazzivi's personal appearance :-
10 his per,uaal appearance Signor Mazziiii was Ignoramus
the kind of WWI In whom a stranger would suspect the con-
spirator who could plunge a nation into disorder, or the
dreaded revolutionist whose mum, was a terror to European
Govenanents. In his early days he was one whom •
passer-by who met him in the street would have turned to
look at. With a lofty bat somewhat narrow forehead widen-
ing towards the top, with dark hair, and dark, deep set eyes,
with a countenance "sickbed o'er withthe pale castof thought',
be had the appearanc,e of some quiet student who was
meditating on great subject. In his later,,years, though there
was in him a certain eagerness and restlessness, and though
his long habit of secrecy led him to adopt a feigned name,
he looked still less like • man who had been more than once
condemned to death for " treasons, stratagems and spoils."
His eye had not lost its lustre, but his face had become
sunken, sod his frame somewhat enfeebled. lie was kind,
cordial, and commithicative, and there was some empress-
meat in his manlier. Ile talked rapidly, and, though in per-
fect grammatical English, it was with a foreign accent. He
received his visitors in a small sitting-room which looked
out into the Brompton-road the room was filled with books
and papers, though it had none of the aspect of the study of
a recluse. Ile smoked his cigar as he talked ; and his con-
versation was shout his work, and never about himself. Ills
friends treated him with & deference which would spoil [Wit
men, but which had no Injurious effect on him.