The Express.
London, England, 1864-04-02 00:00:00

BRITANNIA

-----
THIS Evionms. THE LEFT-HANDED MARRIAGE. Mrs. 8.
Lane ana all the Company.—THE GREAT GIMAT EFFECT.
—And THE FOC& MOWBRAY'S. Master Percy Roselle.

KWH WAITS AT LONDON BILLDOIL
NOS DAT Womb& 9b. Ora— .Aheresoa lab. 30 ea.
Tooossow Morning" 11l lift.— Mtswas. 111 L 46g0

LONDON, SATURDAY, APRIL 2.

PARLIAatsa-r, at its meeting on Monday, will
have before it a history of the negotiations carried
on by Earl RUSSELL with Denmark and Germany
down to the date of the letters inviting the
Powers to meet in the proposed Conference. The
fourth instalment of the " Correspondence with
" Denmark and Germany " was issued yesterday.
The former portion, it may be remembered,
brought the history of the Deno-German dispute
down to the summons addressed by Marshal
WRANGEL to General BIZZA, requiring the evacua-
tion of Sleswig by his army. That now issued
gives accounts of the interviews, manifestoes, de-
spatches, and mutual explanations which were made
necessary by the passage of the Eider, and subse-
quently of the Schlei, the abandonment
of the Dannewirke, the defence of Diippel,
and the advance into Jutland, the various propo-
sals of a Conference, and the difficulties which at-
tended the arrangement of the conditions of its
meeting. On all these heads the public has been
so fully informed that it is surprising how little
that is new is to be found in these letters.
What first strikes the reader is the attitude of pain-
ful constraint in which those Powers which might
have been expected to exercise • moderating influ-
ence on the course of events appear in these letters.
All of them make apologies which imply a con-
sciousness that they are not doing what, under
ordinary circumstances, might .be fairly ex-
pected of them. Austria, pushed hard to
justify her aggression on Denmark, regrets
to find that her MAJESTY'S Government is
indisposed to attach sufficient importance to
" the very grave difficulties in which Austria and
" Prussia are placed with Germany in • state of
" frenzy." Russia, asked by England if she will not
co-operate to the extent of giving material assist-
ance to Denmark, explains that "the position of
" Itusaia at the present conjuncture"renden it diffi-
cult for her to take a leading part in dealing',
with this question ; and, lastly, England, directly
appealed to by Denmark for aid, replies, "that
" every step which her MAJESTY'S Government
" may think it right to take in the further pro-
" grass of this unhappy contest can only be taken
" after full considerat'on and communication
" with France and Russia." Two only of the
Five Great Powers—France and Prussia—form an
exception to this remark. M. DE BISMARCK is seen
cheerily plunging his country further and further
into that conflict of " fire andsteel" by which alone,
as he declared three years ago, Prussia could work
out her exalted destiny. We see him here from
first to last the inventor and instigator of every
new measure in aggravation of the strife, rejecting
all palliatives and compromises, and some way or
other always convincing Count RECHBERG that he
is right. France, again, plays a part that is very
well defined. The EMPEROR., as was to be ex-
pected, will take no active part in arrangements
for preserving the map of Europe. It cannot be
said that he is absolutely indifferent to treaties, for
they may be useful some day to show that other
Powers by breaking them have placed themselves in
the wrong. The EMPEROR contents himself with a
decorous inactivity, satisfied to see the Govern-
ments of Austria and Prussia carrying into effect
principles which will lay both those States open
to him and such allies as he may easily find,

- . -
The character of the alliance between Austria
and Prussia makes it difficult for foreign Govern-
ments to accept with much confidence the under-
tak in gs which those Powers are ready to give. Austria
appears in these letters as the partner of credit who
is put forward from time to time to give assurances
which Prussia at the convenient moment unhesi-
tatingly annuls. It was so with the advance into
Jutland. It was so with the proposed armistice,
which was to take place on the basis of the retire-
ment of the Danes to Alsen. The Austrian Govern-
ment had led our Ministers to believe that it desired
an armistice on those terms, and when Earl RUSSELL
had written to various foreign Courts, asking co-
operation to bring about an arrangement of that
kind, Prussia declined to accede to it, and Count
REcHBILRG, its author, said that M. DE BISMARCK'S
objections were unanswerable. Now that it is gene-
rally supposed that a Conference is about to as-
semble, we naturally look in this Correspondence
for evidence of the intentions with which the two
German Courts would enter upon the deliberations
of such anassembly. And hereagain we find Austria
making what she considers the fairest promises,
declaring in a despatch of Count RECRBERG'S that
the integrity of the Danish monarchy is in her
eyes not only " consecrated by the Treaty of
" London, but necessary to the balance of power."
Cm the other hand, we have M. DC BISMARCK
abstaining from all engsgements of that character;
explaining to Europe in despatches, that although
Prussia entered sleswig with the intention of re-
specting the integrity of Denmark, her re-
cognition of that principle might be forfeited

if the Danes presumed to defend their own
territory against an invasion. In a ministerial
circular issued six weeks ago to the Prussian
official organs in the provinces, it was said that
England after doing its utmost, even having re-
course to threats, to prevent Austria and Prussia
from going forward, but in vain, had asked from
Prussia a declaration to the effect that she held fast
to the London Protocol, and therefore maintained
the principle of the indivisibility of the Danish
monarchy. " But," it was said, " it is self-evident
"that when one's antagonist has by his obstinacy
" once driven one into war, treaties are no longer
" binding, and consequently that nothing can be
" promised for the future, but that everything
" then depends upon the issue of the contest.
" This is the sense in which our Government has
" expressed itself towards England." While this
was the language of the official organ, M. DE Bls-
vsse•d himself received a deputation, and spoke
favourably of the Duke of OLDENBURG'S pretensions
to Holstein. The public will understand now
why the Danes made the recognition of the nego-
tiations of 1851-52 a condition of their acceptance
of a Conference. These despatches sufficiently
show that no preparation whatever has been made
for the Conference. And if the Emperor of the
FRENCH has only half the sagacity for which he gets
credit, he will be able easily to transform it into
the Congress which he proposed last November, with
the additional gratification of seeing it convened
by the very statesman who defeated it before.

THE Mundford Bench of Magistrates have re-
ceived a wholesome lesson, and it is to be hoped
that the rest of their game-preserving brethren
throughout the kingdom may profit by their fate.
It was predicted from the first that the arbitrary
and inquiaitorial powers conferred upon the police
by Sir B.\ LDWIN LEIGHTON'S Poaching Act would
certainly be abused, because country gentle-
men are too much interested in the suppression of
poaching to restrain the exercise of such powers
within reasonable limits. Experience has amply
justified this prediction. The Mundford magis-
trates not only violated the law by unjustly con-
victing au innocent man, but they persisted in a
gross act of injustice after the LORD CHIEF
JUSTICE and the other Judges of the Queen's Bench
had warned them of their mistake. They have
at length learned by the verdict of a Norwich
jury that they cannot thus transgress the law with
impunity.

The case which has thus ended has long been
notorious. Indeed " the Mundford game case"
may truly be classed among those which lawyers
call " leading." It may be remembered that more
than two years ago a man called FULLER, who fol-
lowed the business of a " higgler," was seen by
the police about three miles from Wretham, where
a gentleman named Bracy has extensive preserves.
This man had only one leg, and was therefore by
no means physically fitted for the active service
of a poacher. But, on the occasion in question,
he had his cart, and in it were found a hare, a
partridge, and four rabbits. It is true that
he declined to give any satisfactory account
as to how the game came into his possession.
But, on the other hand, he had no dog with him,
no nets, no gun; nor indeed was there anything to
show that either the birds or the rabbits had been
recently killed. The Act of Parliament declares
that any person may be searched when there is
good cause to suspect that he is coming from land
where he may have been unlawfully in pursuit of
game or aiding any such person, and having in his
possession any game thus unlawfully obtained.
But, as the CHIEF Jcirriee said, there was no
evidence of the sort. If indeed, he added, the
plr'ntiff had been found at three or four o'clock in
the morning with nets and instruments by which
game was obtained, or if he had been standing
waiting for the game while other persons were taking
it, or if he had been found with game warm and
recently killed, he might have been convicted of the
offence charged against him ; but all these elements
were wanting. In short, the evidence proved con-
clusively that the man FuLLER had been going
about collecting game but not taking it himself.
Notwithstanding th;‘, the magistrates convicted
FULL6II, and he was ordered to pay a penalty of
51., and 11. 4s. 6d. for costs. The injustice of the
decision was glaring, and a case was demanded in
order that it might be brought before the
Queen's Bench. The magistrates refused this
reasonable demand, nor was it until the Judges
at Westminster issued a writ of mandamus that
the Mondford bench yielded. When the matter did
come before the Queen's Bench, the Judges
found it impossible to quash the conviction for
certain technical reasons, but they were unani-
mouldy of opinion that the magistrates ought not
to have convicted Fruxu, because there was no
reasonable evidence of his guilt. After such an
intimation it might have been thought that the
Mundford magistrates would have taken warning
and released the unfortunate higgler. But they
were not to be baulked of their victim. Again
and again FULLIA was summoned before the bench,
and at length, on the 30th of September, 1863
a year after the conviction—he was committed to
prison. This was surely a little too much. Any
judge or county magistrate is liable to fall into
error. And so long as be acts bond fide
he ought not to suffer. But neither a judge nor
a magistrate is entitled to gratify malice, or to
strain the law in order to bring any person within
its penal provisions. Had the magistrates of hfund-
ford done sot This was the question tried on
Thursday last before the LOAD CHIEF JUSTICE and
a jury at Norwich. And after some deliberation
the jury came to the conclusion that the magis-
trates had strained the law in order to punish
FuLten, and had so far exhibited malice.

It would be grossly unjust to the body of
English magistrates to say that they systematically
violate the duty which they owe to the community
,by straining the law against the ucfortunate
wretches who are brought before them.
The gentlemen of England are too deeply imbued
with the spirit of fair play. If in any instance
they do transgress, it must be because their inter-
eats and their prejudices are so strongly engaged
that they are incapable of exercising their ordinary
good sense and discretion. Nor does it need much
discernment to perceive that of all questions the
guilt or innocence of a suspected poacher is ona of
those which very few English country gentlemen—
especially in the county of Norfolk--ought to be
calledupon to decide. How thendid the magistrates
act in FULLER'S case ? They did not pretend that
the opinion of the Queen's Bench, formed upon
the facts which had been brought before the
Judges, was erroneous. The real reason why they
persisted in Fcitxa's conviction was explained by
Mr. BARING, one of the Muudford bench. He
was candid and explicit. He said in effect—We do
not dispute the law laid down by the Queen's
Bench, but if that court had known what an
arrant poacher Fru.za was it would never have
acted as it did. True, there is no evidence before
us to prove that Futteit is guilty. But we know
the man well. He has long been a notorious
poacher, or mixed up with poachers. The spot
where he was found was ominously near Mr.
BIRCH'S plantation ; he had game in his possession

trbt Court.

THE =PRESS, SATURDAY hvErtING, APRIL 2, 1864.

which he does not choose to account for, and
that game may have been snared. We cannot
shut our eyes to the probabilities of the case—
we cannot divest our minds of our knowledge of
Mr. Fi: use and his ways. We shall, therefore,
convict him.

In so doing, Mr. BARINt. and his colleagues
violated the moat obvious principles of common
law and common justice. In any ordinary case
no doubt the Mundford magistrates would have
been more reasonable. If, indeed, it could
be supposed that these gentlemen are labour-
ing under the idea that the law of England,
or any other law, permits a judge to apply his
own private knowledge of a prisoner's character
in order to establish his guilt or his
innocence, the sooner they get enlightened
the better. At all events, after the charge of the
LORD CHIEF JUSTICE, they can no longer be per-
mitted to plead ignorance. The law, as explained
by him, is clear enough. " Everyone," be said,
" administering the law in this country is bound
" to administer it according to the principles of
" the constitution ; and one of the most sacred of
"those principles is that a magistrate shall not
" allow himself to be swayed as to a man's guilt
"or innocence with reference to the particular
" charge under inquiry by any consideration of
" his antecedents. If Mr. BARI!4G and his col.
1" leagues allowed themselves to be swayed by the
" plaintiff's antecedents they lamentably miscon-
" oeived their duty." " If," he afterwards said,
" the magistrates, because they knew FULLER to
" be a poacher or mixed up with poaching, with •
" view to punish him strained the law and went
" against their honest convictions, that in point of
" law would be malice." Such was the opinion of
the Jury ; for they distinctly declared that the
magistrates had strained the law, and therefore
brought in a verdict for the plaintiff.

WLVDSOR CASTLE, APRIL 1.

The Queen, accompanied by the Princess
Helena, and attended by the Countess of Osiesborough,
Lord Charles Fitzroy, and Colonel H. Ponsonby, drove to
Clivedee, and honoured the Dowager Duchene of Suther-
land with a visit yesterday afternoon.
Princess Louise, attended by Lady Augusta Stanley,
drove out.

Prince Leopold took a carriage drive.
Her Majesty, accompanied by Priam@ Helena, drove out
this morning. Colonel H. Ponsonby attended on horseback.
The Hon. Emma lamellas bas succeeded the Hon. Lucy
Herr as Maid of Honour.

Major-Cienerul F. Seymour and Lieut.• Colonel du Plat
have enoceeded Lord Charles Fitzroy and Colonel H. Pon-
sooby as Equerries in Waiting to her Majesty.

The Prince and Princess of Wake, with the infant Prince,
left Marlborough-hove yesterday morning for Sand-
ringham.
Their Royal Highneves travelled by the Great Eastern
Railway, and were attended by the Hai. Mrs. Bruce, Lieut.-
General Knotty, Captain Grey, and Mr. Holzman.
Captain Grey' has succeeded Lient.-Cokseel Koppel as
Equerry in Waiting to the Prince of Wales.

DEPARTURE OF THE PRINCE AND PRINCM OF
WALES FOR SANDRINGHAM.—Their royal highnesses the
Prince and Princess of Wales, with the infant Prince and
Mt.. took their departure from the Bishoposate Terminus
of the Great Eastern Railway, for Sandringham, yesterday,
at 2.15 p.m. Their royal highnesses were received on
alighting by Mr. James Goodson, the chairman ; Captain
Henry Jervis White Jervis, M.P., deputyobairman ; and
other directors of the company, mod Mr. J. B. Owen, the
secretary, and conducted to the elegant new saloon carriage,
which has lately been constructed by the company for their
royal highnesses' especial use. The train left the platform
punctually at a quarter•past two o'clock, amidst the cheers
of the company of ladies and gentlemen who were invited
to witness the departure of their royal highnesses. Colonel
Palmer and other directors attended the Prince and Princess
o their journey. The royal party arrived at Wolf erton
at five o'clock. There was a good assemblage at the station,
but their royal highnesses were received with unobtrusive
marks of welcome. The children of the schools were drawn
op to receive their royal highnesses. The Princess looked
better in health and cheerful in spirits, sad proceeded to
Sandringham by private carriages, arriving widely at 5.20 p.m.

_ .
His Royal Highness the Prinoeof Wales honoured
the Countess (Dowager) of Jersey by • personal visit on
Thursday, at her ladyship's resideoos in Banality 4orpere.
The Duke of Newcastle has been enabled to leave
Thomas's Hotel, Berkeley guars, for his residence on Carl-
too-house-terrsoe.

The Earl and Countess Russell and family intend
to return to Chatham-place on Toesday next, from Pem-
broke Lodge, Richmond-park, for the Damon.

The Duke and Duchess of Marlborough have
arrived in town, from Blenlieini Palma, for the eseacio.

The Duchess of Somerset, accompanied by Lord
Edward St. Mau and other 'seashore of the family, have
arrived at the Hotel Bristol, Paris, from Loudon. The
Earl and Countess of Wineb"see have arrived at the same
hotel from England.

The Archbishop of Dublin visited the South
Dahlia Warkhown on Thursday, accompanied by Hrs.
Trench. He spent an hour and a hall inspeetieg
every portion of the establishment, which generally
contain@ 'boat 2,000 inmates. On withdrawiog he
expressed to Sir B. Shaw, the chairman, and the other
guardians present, his gratification at the neatness, order,
end comfort which distinguished the nahods, the wards,
and the dormitories, and the efficiency with which the whole
concern was managed.

LORD CHAMBERLAIN'S OFFICE, MAIVAI 28.
Notice is bore* ghee that her Majosty's birthday will
be oslehrated oa Tuesday, the 24th of May nut.—Gautte.
LORD CHAMBERLAIN'S OFFIcE, Hama 31.
Notke is hereby gime that he Royal Highness the Prioress
of Wales will, by cosainsud of the Meese, hold drawing
rooms at St. James's-palace, as behalf of her Majesty, ea
Tuesday, the 3rd of May neat, on Saturday, the 14th of
May meat, sod oa Tme‘y, the 14th of JUDO mut, at two
o'clock. It is the harem's pleasure that praseatatioas to
IstieLriodyal highness at these drawieg rooms shall he ma-
• eqgivalent to praseatatimis to her Majesty,—
tlemitte.

LORD CH •MBIRLA tN's-orv. Toraacii 31.
Notice is hereby given, that hie Royal Highness the Prince
of Wales will, by comenthd of the Queen, hold levees at
St. James's Palace, on behalf of her Majesty, on Saturday,
the ith of May next ; on Wednesday, the Ist of June next ;
and on Wednesday, the 22nd of June next ; at 2 o'clock.
I It is the Queen's pleasure that presentations to his Royal
Higbee., at these levees shall be considered as equivalent to
presentative' to her Majesty.—Gander,
WH IT RH ALL, APRIL I.—The Queen ban been
=to constitute and appoint Major-General Melee
oft Scott to be Lieutenant-Governor of the island of
Goenthey.
BOARD OF TRADE, WHITEHALL, MARCH 31.--
The Right Hoe. the Lords of the Committee of Privy
Council for Trade have received, from the Secretary of
State for Foreign Affairs, a copy of • despatch from ber
Majesty's Chargé d'Affaires at Hamburg, enclosing a trans-
Istioa of the regulations of an ordinance issued by the
Federal Commissioners for the Duchies of Holstein sod
Leuenburg, respecting the abolition of the Customs fron-
tier between the duchies of Ifileswig sod of Holstein and
the establishment of a similar frontier between the Duchyi
of Sleswig and the kingdom of Denmark, and the same is
published in last night's Claielfe.
_ _

BOARD OF TRADE, WHITEHALL, MARCH 31.
Tbe Right Hoe. the Lords of the Committee of Privy
Conseil for Trade bays received, from the Secretary of
State for the Colonies, an extract from a despatch from the
Governor of the Bahamas, reporting the eogagement of a
colonial steamer to be run between Nassau, Turk'. Island,
and St. Thomas, for one year from the month of February
last.—Gazette.

THE ROYAL AC•DEMT.—The Queen has received
from Sir Charles Eastlake an answer oe the part of the
Royal Academy to the government proposals. In • few
days that answer will be laid before Lord Palinerston's 001.
leagues, sod by them before parliament. The details are,
of coarse, ooefidentially communicated to her Majesty. but
it is understood that the Academicians decline altogether the
proper! to introduce lay members ; that they consent to
enkrgo the Dumber of members to fifty, to abolish the
separate clogs of engravers, and to admit the eminent cul-
'store of the art to full membership ; that they offer to en.
large the body of Associates, so as practically to bring all
the beat artiste of the country who may be willing to join
than into the corporation.—Athenausa.