The Express.
London, England, 1864-11-18 00:00:00

THE EXPRESS, PRIDAY EVENING, NOVEMBER 18, 1864:

For in practically carrying out the =as-
sure, one and the same difficulty has presented
itself to all corporations and local boards.
In borrowing the money they entered into
an honourable, if almost tacit, compact with
Government to employ the distressed ope-
ratives of their district. On the other hand,
their duty to the ratepayers, on whom the burden
of repayment must ultimately fall, seemed to
demand that the money, irrespective of benevolent
considerations, should be laid out to the beet
advantage. And contractors, of course, do
not like to employ spinners when they can
get navvies. It would not be difficult to
point to cases in which these opposite views of
corporate duty have been carried to an extreme.
Rumour asserts, rightly or wrongly, that there are
municipal bodies which, in their anxiety to employ
unskilled labour, have constructed sewers down
which the water will not run, and earthworks,
which the first storm will do much to lay low.
The Corporation of Manchester, on the contrary,
has borrowed £lss,ooo—has actually received
£112,500, and employed in the last week in Oc-
tober 98 discontented paupers. By the mouth
of its Town Clerk, it pleads in reply its duty to
the ratepayers ; and the assent of the Poor Law
Board, given after a full communication of
facts and intentions. The reply, which is too long
even to analyse, is more ingenious than satisfactory ;
and though the Central Relief Committee do not seem
able to go further than remonstrance, public opinion
almost unanimously pronounces that, however
specious the arguments by which the cause of the
Manchester Corporation may be defended, it
would have been far better to hare foregone the
advantages of the loan, than to have accepted
it with a result which to the operatives themselves
will seem bitterly delusive. But there is, in truth,
no need to run to either extreme. It is not im-
possible, with help of care and judgment, to re-
concile duty to ratepayers with duty to operatives.
Give the men only a fair chance of earning suffi-
cient wages, and they will either render the em-
ployment of skilled labourers almost unnecessary,
or by their idleness and inaptitude justify all
that even the Manchester Corporation can say of
their incapacity. But we have no fear of the
latter result. The eulogies which have been passed
upon the intellectual versatility and moral self-de-
pendence of the Lancashire labourer would be
misplaced indeed if—no matter how hard and
unaccustomed the work—he was not at once
willing to dig and ashamed to beg.

A FEW years ago a minor Corn-law Reform was
effected. Grain, which had immemorially been
sold by measure, came to be sold by weight. The
price, when estimated by the quarter, had always
been affected by the weight per bushel, for the re-
lative weight indicated the quality and propor-
tional value of the bulk. But it struck the mer-
chants of Liverpool that this was a round-about
way of arriving at the result, and they simplified
the ancient practice by rejecting measurement alto-
gether, and dealing only by the weight. The new
system commended itself to adoption at other ports,
and so rapidly advanced in favour, that last year
the CHANcELLOR of the EXCHEQUER gave it impe-
rial sanction by carrying an act for taking the
duties by weight instead of measure. The princi-
ple thus introduced has operated by rebound on
the Corporation of London. That ancient body
possesses under charter from Jamr.s I. the right
of measuring "all coals and grain of whatsoever
" kind, and also all kind of salt, and all kiwi of
" apples, pears, plums, and other fruit whatsoever,
" and also all kinds of roots, eatable, of what kind
" soever, andof onionsandof allothermerchandises,
" wares, and things whatsoever, measurable,
" coming into the port of London." It was ob-
vious that if grain was to cease to require mea-
surement there might be difficulty in maintaining
that it must be measured because it is measurable.
Therefore the City, wise in its generation, proposed
to meet the new order of things by a sacrifice of part
of its emoluments in order to secure the rest. The
metage of grain at present yields it about 16,0001.
a year. It brought in a bill, the estimated effect
of which was to surrender 10,000/. out of this
income, leaving an income of about 6,000/. This
would have been the profit on the transaction—the
actual receipts for weighing were estimated at
28,000/. But the arrangement, while approved
by some of the corn merchants in the City, was ob-
jected to by others, and by the dock companies. The
bill, therefore, was referred to a select committee, by
whom after evidence brought on both sides it was
rejected. This evidence has just been published,
and as the question may probably be re-opened
next session, it deserves consideration. The
amount in question is certainly not large, but it
may be levied in such a way as to be a restraint
on trade, and, like some protective duties, cause a
loss to the consumer larger than the profit to the
collector.

The point chiefly at issue is whether the weigh-
ing of grain, which is a necessary process in its
sale as well as in the levying of the duty, is best
done by a public body, like the Corporation, or by
the dock companies, at whose quays the ships lie.
The Corporation did not, indeed, propose directly
to oust the companies. But in proposing to set
their own weighers to work within the dock pre-
mises, they would practically have secured a
monopoly of the business, for since the grain must
be weighed by the City authorities it would be
unnecessary to incur the expense of having it
weighed over again by the dock officers. In favour
of this arrangement two pleas were urged. The first
was, that the Corporation and its officers, being a
public body, would inspire more confidence in their
correctness than the dock companies, which are
merely private commercial bodies. The second
was, that the charge would be fixed by Act of
Parliament, while if left to private parties it
might be at any time raised. But in opposition
to these pleas it was maintained that the greater
accuracy of the Corporation weighers was a delu-
, aims, and the case of flour was instanced, which is
now weighed by the ordinary dock labourers
without any complaint of inaccuracy. It was
further urged that the dock companies, having no
interest as between buyer and seller, would natu-
rally be as impartial as any public body.
Moreover, it wan affirmed that as the
Customs officer is now required to weigh,
or to certify the weight of grain, there was the
amplest security provided against either fraud
or inaccuracy. But, above all, it was pressed on
theiCommittee that the Corporation scheme ex-
tended not merely to weighing, but to porterage ;
that it took under its wing the interests of the
licensed porters, a body whose employment is
imperative in the port of London to do the work
in unloading which the sailors themselves do at
other ports, and that by thus restricting the free-
dom of competition in weighing and in labour, it
prevented the adoption of machinery to effect both
with more rapidity and accuracy, and at seasons
of heavy arrivals it would, by the tardiness of the
process, cause a loss in demurrage which must be
ultimately borne by the consumer.

These considerations moved the Committee to
reject the Bill. And we think they will have not
less weight should it again be introduced. Whether

the Ciar should or should not have what is rather
of the nature of pod dues than of an octroi, shire
it is a tax on grain imported for sale rather than
for consumption, is, to the extent proposed to be
changed, not • very serious matter to the public.
But if it ought to have this sum it should obtain it
by a direct tax, not by a profit made upon •
monopoly, the effect of which is to impede trade
and to deprive the public of the advantage to be
expected from the operation of fair competition in
performing the necessary services.

Int Court.

WINDSOR CASTLE, N0v.17.

Princess Helena, attended by Lady Caroline
Barrington and Lord Methuen, went to London thin
morning.

The Prince of Wales went out hunting with the harriers,
attended by Colonel the Hon. A. Hardinge, Lient.•Colonel
Kingecote, and Major Teesdale.

Despatches were received yesterday at the Coloniaboffice
from the Governor of Canada.

His Royal Highness the Duc d'Autuale has
arrived at Wytbani Abbey, near Oxford, on a visit to the
Earl of Abingdon.

His Excellency the Austrian Ambassador and
the Countess Apponyi are expected to arrive at Chandos
House the week after next from Germany.
His Excellency the Prussian Ambassador and
the Countess Bernstorff and family are expected to leave
St. Leonards in a few days for the Prussian Embassy, on
Carlton House•terrace.

The Earl of St. Germans and Lord Eliot have
arrived ►t the family residence is llover-►treet, from Port
Eliot, Cornw►ll.

life Excellency Count Nesselrode has left Mau-
rigy's Hotel on a visit to Lord Orford, at Wolterton Park,
Norfolk.

The Marquis d'Andignd entertained his Excel-
lency Prince de la Tour d'Auvergne and a select party at
dinner yesterday evening.

The marriage of the Lady Louisa Keppel,
daughter of the Earl and Ccantese of Albemarle, and Com-
mander the Hon. Frederick William Charter* third son of
the Earl of Wemyu, is, we hear, fired to take place on the
30th inst., at the Earl of Albemarle 's seat, Quiddenham
Hall, Norfolk.

Sir Theophilus John Metcalfe, Bart., C. 8., has
arrived at the Cavendish Hotel. Jermyr.itreet. James
Frame, Esq., and Mrs. Frame, and Major and Miss Firma
have left for Hastings.

On Wednesday last the Rev. George Sanford
Outrun, clerk, was instituted to the rectory and parish
churches of AU Sainte and St. Julian, in the city of Nor.
wieh, on the presentation of the Rev. Clement Fisher Scul-
thorpe, of Begley, in the exinty of Worcester, clerk. Oa
the same day, the Rev. Henry Thomas Griffith, clerk, wu
licensed to the perpetual curacy of Sustaad, in the county
of Norfolk, on the nomination of John Ketton, of Felbrigg
Hall, in the county of Norfolk, Esq.

It is understood (says the Times) that an agree-
ment has been made between the South Western :tailway
Company and the Luidon, Chatham, and Dover, by which
the former will obtain access for their whole system over
the Metropolitan Extension lines of the latter to the Lud-
gate-hill station and thence over their City Junction line
to the Metropolitan and Great Northern Railways at
Fatringdon-street. The arrangement also embraces the
widening of the Metropolitan Extension lines and the pro-
viding additional accommodation at Farringdon-street fur
the South Western Company, if required, at their cost, upon
land already acquired by the London, Chatham, and Dover
Company, and the whole of this system will be complete in
the ensuing summer.

TRANSPORTATION TO AUSTRALIA A BAN DONEI). —We
have never doubted that the strong aversion from any
contact with the convict element manifested through•
out the free colonies of Australia deserved acid would
receive the gravest consideration from the Secre-
tary of State for the Colonies. To entertain such a ques-
tion from the colonial point of view is in effect to
decide it in favour of the petitioners, for whatever r;ghts
may belong to the mother country, no English statesman
would think of enforcing them for the sake of an object to
trifling against the public opinion of large communities so
nearly concerned. We have now the pleasure of
statiug, what is no longer a secret, that no such policy is
contemplated by her Majesty's government, and that, sub-
ject to the approval of parliament, transportation to the
Australian continent will cease within a limited period.

METROPOLITAN BOARD OP WORKS.
(THIS DAY.)

The ordinary weekly meeting of the member' of
the Metropolitan Board of Works was held this day at their
othms, Spring-gardens; Mr. Julia TUWAITLS, the chair-
mare, presiding.
The financial statement showed that the cash balances in
the bands of the treasurer were, on current aczounts,
347,2151. 4s. ; on deposit accounts, 154,800/. ; and on go-
vernment securities, 107,244!. Itla. 2d.

PCBLIC.IIIPROVENG4TEL-COMPOLSORY BALE OF PROPERTY.

Mr. Pollard. clerk to the board, read the opinion of
counsel on the important question as to whether vestries
and district boards had the power of taking land
and household property by compulsion for the purposes of
public improvements. Mr. Robert Lush, Q.C., end Mr.
Thomas Jones, the counsel to whose judgment the ques-
tion had been submitted, gave it u their opinion that both
vestries and district boards h►d the power of toting land
under compulsory sale under Michael Angelo Taylor's Act,
subject to the restrictions contained in that act.

Nairn 25.53 45 N E.
Aberdeen 2a.51 49 Es. E.
I Leith . t 45 N
Ardroman 7e .7n 47' E.
Greencantle ,2n69 X.\ .W.
Valentin
Cape 11eu '
Queenstown 11l 17 N. W.
Liverpool :.:3502 5 w.
Holyhead 2a.W 5.) 55. Ile
Penzance 29 :3 4S W. N.W.
LOr est..— 59.5: 52 W.
Rochefort 'la. 7., 74 W.
eis mouth .21 W.
tt eyranuth 2,1 W.
Portsmouth W.
London 70.1, 7 i W.
.over al 8.5 W.
Yarmouth
nnuirinrottall 7...1 49 S.
Shield" ... 72 20 H.S. W.
11e1160laud. . . 4.; S.

I 7- E.t4 E.--
9 S. E.
4 ..E.
'l.l S W.
s

7 S.W.
7 SAW.

1:0 W.S.W.
S.W.
4 S. w.
W.
, s.
I '
w.
I
S S.

Co 3
ro 0.10 6
r u.r. 2
rc 0.15 4
ro 0.10 1

- -
- •
v. 0.51 6
or o.li 3
✓ 6
- -
oc 0.2 u 7
oc 0.33 8
ro 0.12 7
re ;0.77 B
oc .0.33 7
0..2. 9
Ire '0 2•• -
✓ 0.70 5
rc 01.) 4
or 09.5 5
✓ 0:3

PROSAI;LE.
SATURDAT. lla NnaTalgta SCNOAT.
N. to W. :tua S.W., C0A.3113. N.N. W. t, VS-ANY.,
gales t Ftrell r. squally, stlth
s.inalls.ratil at toiled.
W. to N awl Lark, Wform. As aba ve.
gales t.. fresl.. equally,
ss ith sh.osers.
As nest above,

SR'. to N. and back.
wales to strong. rain
at times. _ .

SOUTHERN. North westorly. strong
to fresh, generally
fine.

Lerrsz

Vi. To N. and hark.
strung, with showers.

Cautionary sigmas on Thuredat.
Worthern=Scotisod. rreetoru,aretood, Wales, and ad-
jacentle+ ....them— ttoolith Chnunel and hay of It y, W.tetern
wiketwarst Enema,' and North Sea.

A great quantity of snow has fallen in the south
of France. The Courricr ths A!pis. published at Gap,
states that the gendarmerie of Chateau•Qoeyras, having
heard that a flock of 3,200 sheep were blocked up by
snow in the mountain of the Col-Aguel, 7,500 feet above
the level of tho sea, sot out, and asaistel by the villagers
of Pierre Grosse and Fontgillarde, had to traverse a die-
tanee of eight miles covered with snow 29 inches thick.
After ten hours of painful and dangerous labour the sheep,
which would base shortly perished of hunger, having bad
no food for four days, were removed to a place of safety.
Four only of the entire flock perished in the snow.
FOOT BILL. —OLI) ETON 1.1 Ns v. WEATM I NsTER.
Tale match was played at Vincent-square on Wednesdar,
leah met., and resulted in favour of the latter. who obtained
two games to their opponents' one. The games for West-
minster were kicked by 13. Proton sad F. Giles, and that
of the ()Id Etonians by H. A. Hills._

3l et Occ'tnnEN,•E sr MONntOsr.--THREE
MEN Deowsen. Yesterday afternoon, at 3 o'clock, a melan-
choly and fatal accident occurred in Montrose lissio, whereby
three men in the pnme of life lost their lives. The news
of the disaster spread the gre:dest consternation in the
town, and for a time it could scarcely be credited, the
basin, ie full tide at the time, being u smooth as glass,
and there being only the slightest of breezes fr. •in
the northwest. The men were named Murray, Stephen,
and Robert, and were in the employment of Messrs. Joseph
Johnston and Sons, fislicurers, who are lessees of the Dan
mussel grounds. The unfortunate trio were employed
amongst others in working among the mussels, and yes-
terday bad been engaged in taking and seeding mussel,.
At the hour oßmed they hail just moored their cables
about the middle of the sands, and were embarking
in a small boot to return to the town. It is sup-
posed that two of the men had got on board the
little boat, one of whom had set the mast and sail, and the
other had pulled up the anchor. The third man, in coming
on board in a hurry, is thought to have taken held of the
mast, and by ail, means had canoed the boat to Quit The
tide being running strong at the time, the small boat had
been drifted away from the cables, so that the men could not
get hold of them, and the sudden lurch of the boat bad, it
is thought, thrown them some distance from the little
boat. At all events a very short time elapsed from
the time their cries were heard until they sank. The
nearest boat was about half a mile distant, and before it or
any of the other half dozen of boats, who were pulled with
might and main to assist, arrived, no appearance of the poor
men could be seen. The bruit was got bottom np and the
caps of the men were seen floating
about, but nothing of the
bodies could be seen. Murray and Stephen were married
men with families—the former having left five and the latter
two children—and Robert was a single man. Efforts are
being made to recover the bodies.—Bdinbitrset Courant.

THE G'ODRINGTuN DIVORCE CASE.

COURT OF PROBATE AND DIVORCE.
(TEM DAY.)
(Beim the Judie Ordinary.)
CODRISGTON V. CODREIGTOX AND ANDER-90N.
lIPIZIAL JURY.

Mr. &mill, Q.C., Mr. Serjeint Ball►ntins, and Dr.
Spiob, for the petitioner; the Queen's Advocate, Mr.
Hawkins, Q.C., and Mr. Inderwick, for the respondent ;
Mr. Price, Q.C., and Dr. &Fahey. for the co-respondent.
The petitioner, Vioe-Admiral Henry John Codrington,
C. 8., sued for a dimanlotion of his marriage on account of
his wife's adultery with divers persons, particularly with
the co-respondent, Lieutenant-Colonel David Andanon, of
the Mid Foot, and with Lieutenant Herbert St. John
Mildmay, of the 3rd Battalion of the Rifle Brigade. The
respondeota both denied the charge, and Mrs. Codrington
also pleaded that if she had been guilty of alultery, the
petitioner had condoned to it by his wilful neglect and
misconduct.

This morning Sir Robert Phillimore resumed his speech
for Mrs. Codrington. The learned gentleman proceeded to
dissect the evidence respecting the remaining charges
against his client and Colonel Anderson. The first of thus
was deposed to by a servant named Emily Miller, who
stated that one night, between 11 and 12 o'clock, Mrs. Cod-
rington asked her to take down a bar from the door in order
that Colonel Anderson might come in, observing that she
wanted particularly to speak to him, that witness refused,
and Mrs. Codrington then said she would do it herself, but
whether she did so or not witness could not tell. That
evidence did not amount to much, bat Captain
Strickland stated that in Acril, 1862, the door
was covered with cobwebs, and had apparently bees
long disused. Ile therefore need not dwell longer upon
that part of the case. Another charge was that a servant
had one night in May, 1E42, found Colonel Anderson
sitting on the stairs ; but the witness stated that the
staircase in question was in constant use by all the ear•
mats, workmen, and boatmen. It was ridiculous to infer
adultery from a circumstance like that ; especially an there
was no more mystery or concealment about the intimacy
which existed between Colonel Anderson and Mrs. Cod.
rington than there WY about that which liiltolld between
Admiral Codrington and Mrs. Watson. The next charge,
however, was a mare serious one. John Roe, • dockyard
policemen at Malta, deposed that on the 2nd of May, lgti3,
while on duty at half-put 11, he heard some one outside the
gate, and as the party did not come forward witness opened
the little gate, and saw Colonel Anderson in the act of adjusting
his dream. Mrs. Codrington was about four pees from him,
and apparently walking from him. The learned civilian con-
tetded that this story was about as false a statement as was
ever made in &condo( justice. In the first place it was &bright
moonlight night, the night of a great religious festival, of a
grand illumination, and of • large party given by the admiral
himself. It was on such a night that as officer of Colonel
Anderson's standing and • lady like Mrs. Codrington went
out into the open street and committed an act of adultery
with such publicity as the most degraded prostitute would
have shrunk from. Fortunately, however, the case would
not be left to its own incredibility. A witness of
unimpeachable character, Lieutenant Gslwey, would
depose that he was with the respondents the whole
of theevening, and he would show that the charge could
not possibly have had the least foundation. Before quitting
this part of the case he could not help remarking that not-
withstanding the anxie'y which Mrs. Codrington was
represented to have shown to make confessions to Mrs.
Watson, it was not pretended that she bad ever said a word
about Colonel Anderson. That was at least singular. But
when the jury reflected on the utter impossibility of anyone
that had ever had the nurture of • lady or a gentleman
acting in the manner suggested, they would feel satisfied
that the whole story was a vile fabrication of the policeman
Roe. There were also some charges of misconduct with
Lieut. Mildway,wbich rested on the evidence of • servant
named George Duck, whom the learned counsel bad
severely handled on the previous evidence. It was proved
that Duck disliked Mrs. Codrington because she had
ordered him to take off his hat when the beet was passing
in a religious procession, and on his refusing had de-
clined to employ him or let him come near her for
three months. Moreover this Duck had himself
been charged with having assaulted a nsedlewoman named
Teresa, god had been threatened by Admiral Oodrington,
that if be ever dared to repeat such conduct he would send
him on board the Hibernia and have him flogged. It was
true that Duck denied the charge, but the admiral stated
that he believed Teresa ; and he had a door put up se as to
prevent Duck from going into the nursery. The charge
against Duck had bees reported to the admiral by the re.
spondent ; and was it likely that if he had really known
arything against her ho would have held his peace ! One of
Duck's charges was that he had one night seen Lieutenant
Ilildmay going towards Mrs. Codrington's room ; but it was
proved not only that Mrs. Codrington always had • servant
sleeping with her, but that there was • door between her
apartment and the admiral's, which was always kept un-
locked. He (Sir P.Jbert l'hillimore) would merely ask the
jury if they could believe this man ! Again, Duck
charged something like the actual commission of adultery
on tho stairs of the dmir►l's house ; but the learned counsel
showed that in reality Duck had given three entirely
different versions of the transaction. He also poiuted
out that the witness hail never mentioned any
of those things until he had been applied to by
the admiral's attorney. It was indeed remarkable what •
stimulus the instituting of a divorce suit applied to the
memories of persons like this Duck. Another charge was that
while travelling in Switzerland with her father and mother,
and while they were staying at the Hospice St. Bernard,
she left her room for ten minutes, and it was suggested
that she had been to the room of Lieutenant Mddraay, who
was also at the Hospice. He should, however, be able to
produce tLo very lady in whose room she bad been. There
were one or two other charges, which, however, were no
charges at all, and on which he need not, therefore, com-
ment. The learned civilian then returned to the alleged
confessions of the respondent. If a lady found
her most intimate female friend turned into her bitterest
enemy, and that friend now coming forward and imputing
to her statements which she bad herself no means of con-
tradicting or ex plainiog, what could she do but insist on
having the whole conduct of such • witness subjected
to the minutest scrutiny! In the first place Mfrs.
Watson admitted that she did not make the acquaint-
ance of Admiral Codriegton till July, and that
before the end of the year the admiral had told her all the
secrets of Lim married life. He (the learned weasel) should
like to know the nature of the inflame. which Mr.. Wat-
son haul exercised over the admiral's mind, so as to obtain
from him such a marked degree of his confidence. Admiral
Codrington spent every Sunday with her—after church, of
course—and saw her very often on the weekday.
When the Codriogtons return to England, the
Watson suddenly break up their establishment,
and follow them ; and Mrs. Watson is almost immediately
consulting with the petitioner about his wife. If poor Mrs.
Codrington had done anything of the kind they would, no
doubt, have been told that no further evidence was needed
after such a manifest impropriety. In fourteen days after
her return to England Mrs. Watson sent her husband te •
common cabman, to employ him to ferret out everything he
could against firs.Codritigton. Pretty sharppracticethat, Mrs.
Watson ! The jury had witnessed her demeanour is the box.
which the learned counsel described as worthy of the heroine
in a sensation piece at • minor theatre. He proceeded
to mad over her evidence, which he greatly ridiculed.
They knew the old saying, that Cato wu a proper person to
entrust with • love letter ; bat of all the odd confidants for
an intrigue, the oddest, according to her own age, was
Mrs. Watson. The jury would remember that on
the first night that they met at the bedside
of Mrs. Coxoo, Mrs. Watson protested against the very
idea of Colonel Gower coming at 1 o'clock in the morning,
by Admiral Codriogton's own desire, to m►ke some
arrangements respecting their food while they stayed at the
invalid's house. Yet it was to such a tarty that Mrs.
Codrington, they were told.lbad thought fit to make the
startling revelations they had heard detailed to them.
Of all the cant which had ever been assumed
to mask female enmity—of all the disgusting ex-
hibitions of hypocrisy ever witnessed in a court
of justice —it was the statement that, although her friend
had told her she had iewakenall ins Lieutenant Mildmay's
arms, and that she did not go away, " her impression was
that the seal of infamy was not then set,"which he 'apposed t
was a religious phrase for that she bad not committed dol.
tery. Then came the interlude of the unconscious promise,
from which she had only been absolved by Mrs. Codrington
tendering to her a anbpeena to appear in court and take an
oath to tell the whole truth. But when wee that sub-
peens saved! On the sth of July. Why then this long
reticence, the theatrical disclosure in the witness-box, the
charming phrases which would make three-quarters of a
romance ! Indeed, they probably would soon have the

pismire of reading them in that form ; for he dared 5.,1
this story would form the basis of the next sensation nova.
As it was impossible to contradict Mrs. Watson in words, it
was important to sue whether she was not crutradicted by
her own actr. Here was Mrs. Codriegton confessing herself
guilty of an act of the grossest adultery—kow did Mr,.
Watson behave to her? Did she merely show her the Lull
conventionalities of society? On the contrary. wh.o I.e.
mother died the first person to whom she turned for 5),..
Why and consolation was the respondent. Here was kAr
own letter :

My dear Helen,—l am sorry you should feel hurt • r ~L.
noyed with me on account of my leaving you hurriedly th,
other day. All I meant was what I said, that when v.,1
wished your friend you would seek her. Admitted to
room at ail times, your dressing was no reason for - ,t
ing me. This, of course, I could not help feeling,
as I had made a great effort to get to you. After my 'on,
illness and bereavement you weri the first pervm I !
called on. But enough of this ; if I angered you! an: 3 r-•
My desire has ever been, and ever will be, to be the
anxious friend, and certainly not to cause you any unnece,
nary pain. I have given you many proofs of 0.1 i,, 1. I
not? You have often told me you could never be 41;4: y
with me for anything I might do. This WAS very
for I have sometimes tried your patience in fultillica ....L.,: I
deemed my duty towards you, but now you have no •
Life is too short to spend in vain feud*, and true fr:-•
dear Helen, too rare to lose. Let this be but au A
shower ; the sun must now shine again.
Believe me always affectionately youv,
Pieta, May 5. EMILY WA r -

toss that such a letter as a lady like Mrs. Wat,,,n
write to a woman who had really made such a dis2thtio;
confession as that which she had detailed'. There eto
ways in which they might regard the alleged confe.,,,ai.
Thee might either disbelieve them altogether, rr
might believe them in part. They miglot
something had been said, the effect of which 14.-1
entirely perverted by a few alterations here and
gested by female ingenuity, sharpened by female
which on occasion was an extremely wail w1•-•••01...
For example, he could not believe that Mrs,
had ever made use of such an expression as "the
evil has arrived." The jury would recollect the .•
which he had put to Mrs. Watson respeet..: t:.
state of Mrs. Codrington's mind. Her whole
on that point was flatly contradicted by a letter cf .1: al
Cadrington to Mr. Smith, enclosing • 'copy of one !.e
received from her. [This was read.] If lfrs. Watson wrot.,
the letter transcribed by the admiral, she was cne.-A the
falsest witness that had ever stood in the box; if ,he 111
not write it, then the admiral must have invented :t,
which was absurd. In fact Mrs. Watson crust
take the choice of being the falsest or tb4
malignant of witnesses that had ever tortured into a aloe;
meaning phrases which if ever uttered at all—and that he
very much doubted—had sprung from an excited mind.
[The case was proceeding when our report left. I

LAW INTELLIGENCE.
(THIS DAY.)

COURT OF COMMON PLEAS.

Sittings in Banco.—(Before Lord Chief .fustice Erie 211,1
ehlitiC6l Byles and Keating.)

TAILOR. ArrriLANT, D. Ii'MPIIRIEM,
1:05.% FIDE T:t t` ELLI:It t4t. L-TI.,N.

. ,
This case having been before the court on two previ
occasions was decided this morning. The circui.,.ratc,e
were these : The appellant kept a publi,t,else
at Moseley, in the parish of King's Norton, Were
cestenhire, a place about two miles from Biriningbarr.. .tt
20 minutes past 11 o'clock on the morning of Su:. '..iv. the.
17th April, • police-constable went by the opp..!:.lrt'S
house, and found the door closed but nut fastened. He en-
tered and saw 30 men and women, some in the tap-room
and some at the bar. Some had ale before them,
some bread and cheese and ale, and some of the men
were smoking. The appellant's daughter, who era" servi..ig,
said they were all strangers. Tho police asked, ".ere they
travellers r and the appellant said ' Yes ," and several of
them got upend said they had come from Birmingham. The
parties there were unknown to the police, but they appeared
to be Birmighem artizans. The appellant was summoned be.
fore the local justices for having his house open " otherwise
than for the refreshment of travellers," and on that °cert.
Mon two of the costocums were examined as witnesses, and
they proved that they were inhabitants of Birmingham,
that they had walked through fields and lanes, one seven
and the other eight miles before reaching the appellant's
house, where they had ale and breed and curse, that they
did not leave home with the intention of visiting the impel.
laot's house, that they were asked whether they were travel-
lers, and said they were before they were served. They were
at that time about two miles Irvin their residences. The
few others whose addresses were ascertained appeared to
be inhabitanta of that part of Birmingham nearest to
Moseley, ar.d were one and a half or two miles from their
homes,though of course someof them might have gone greater
distances. Before the magistrates the appellant's attorney
contended that as the persons in the house lived in another
pariah and another county, and as they represented them-
selves to be travellers the landlord was boo ad to serve them.
The magistrates were of opinion that for all that appeared to
the cootrary the company at the house had come
from Birmingham, many of them a distance 3f
less than two miles. They also thought that
the fact of being a traveller did not exactly
depend upon the ,listvcce be had gone, but they considered
that to be • traveller he must be on • journey as • wayfarer.
And as to the two witnesses that were called, the minis.
trans thought that as they had stopped only two miles from
home, they had ceased to be travellers in the same degree
as if they hail arrived at Birmingham, and had ;one
to a tavern in the same street in welch they resided.
The others, who had walked only about two miles, th"y
did not consider travellers. Tiiey did put consider the
statement of the customers that they were travellers was
boot tide ; and as to the house being is 'mother perish and
comity, they considered that unimportant. Thee there're
convicted the appellant, and fined him 30s. and costs. This
decision was sow appealed against.
Mr. Serieant Hayes appeared for the appellant ; and Mr.
D. Keane, Q C.. for the respondent.

• For the appellant wu contended. principally upon the
authority of "Atkinson r. Sellers," 5 C. Il.,new smiles; and
"Taylor r. Humphreys," 10 C. It new series, that the
appellant's customers were "traveller.," or at all events
that the appellant, being informed that tLey were travellers,
and not knowing to the contrary, was bound to serve
them.

oT, the other hand " Tennant v. Cumberland (2:i Justice
of the Peace), was quoted to show that the burden lay upon
the publican of proving affirmatively that his customers
were travellers. It was also cotteuded that they clearly
were not ; that a percent out for a walk RA. tots traveller,
aad that according to the derivation, and idso to the ordi-
nary acceptation of the word you could venerate the mean-
ing of the word traveller from the idea of toil.
The Lord Chief Justice said that it Lad been contended
for the appellant that the word traveller ought to be consi•
dared to include all those who fire abroad, either from a
desire to enjoy country sights and sounds, or
from any other motive either of todoess or pies-
sure, except from the desire for excessive dr:nking ;
and that any supply of refreshment needed by reason
! of such faring abroad must be considered to be refreshment
for • travdier. It was further contended that cc the excep-
tion of • traveller was contained in the claire which ends,-
died the prohibition against seuving on Sukday morning, the
! burden of proving that there had been a In each if the pro'
hibition was cast upon the informer : and that it the publi-
can believed, or had reathu to believe when he supplied
the drink that he was supply-Inc a traveller, be
ought not to be convicted. In this argument the court
thought that the appellant's commit was well founded and
that the statute ought to be construed upon the
principle which he contended for. The court
thought that • person was • traveller within the ex-
ception in the statute if he went to the house from any
of the motives above suggested as le,:itimate and by
reason thereof needed refreshment; but that if he went
there merely because he desired to obtain drink, he would
not be within that exception. The circumdances under
which a guest was admitted and auppliol would have weight
in deciding whether the publican had re.:sou to believe that
he was a traveller, such as whether he was a neighbour
or • stranger ; and whether he remained longer and took
more than he needed for refreshment. The iiirtance
also would be relevant, but no role could he laid dent. A 1
that which was short for the vigorous might he long for the
weak. The court bad great reliance on the local ITC;ia
atrates in dealing with the luestion wheilo r the appellant
believed that his guests were travellers or were
making a pretence of that character to obtain drink,
and the case would therefore he sent hack to them
upon that poiot. Probably it would not b!. wise to g.. further
against the appellant on this information, nor unless he
again raised a question by his future conduct. If be
should do so then the principle whLli the court had
explained would probably guide them to a decision in
accordance with the view which the court took of the law.
Judgment for the appellant.

COURT OF EXCHEQUER.
Sittings in 1.140c0..—(1.1cf..re Lnd Chief Pollock and

Barons Bramwr.l. Channel!. mud P,.ott.)

WOLVERHAMPTON LOCAL ROAM) .r m ‘'.l/1 1. -.LEER.

Mr. Maenamara moves', for a rule to show cause why a
prohibition should not issue to restrain the plaintiffs and
the county ecurt judge of Wolverhampton from issuing an
execution upon %judgment in an action brought is the
county court •f Wolverhampton to r -cover a sum of
86. 5d., being a proportion of this expenses for
repairing and paving a street nuiler the il9th sec-
tion of the Public Heslth Act of 1848. Judgment
was given for the plaintiffs by consent, in order that the
opinion of the court might be taken on the punition whether
the local board. having previously snmn.oned the defendant
before the justices, who bad dismissed the summons, had •
right under the act to bring an action .n the county court
on Vie earn. matter. The a^t of pallivrent gave the keel
tswnl the option of taking the question before the maps-
trate@ or the county court.