The Express.
London, England, 1866-01-17 00:00:00

THE EXPRESS, WEDNESDAY EVENING, JANUARY 17, 1866.

NAVAL AND MILITARY.

ADMIRALTY, J. 16.—G. D. Maclaren has been
proo retired moted to bo Doputy-loapeotor•Comooral of Hospitals oo
tit Rs;

Arrourrzwiie.—Staff.tlarpou Dr. J. Thomson, to the
Fi&PIA.

faymasters—H. B. Ohm, to the Aboukir ; G. W. Jones,
to the Star.
Clark—W. E. Davidson, to the Star.
Asststant•Clerk—J. G. Gordon, to the Duke of Wel-
lington.
Naval Cadet (nominated)—H. C. Allaster.

MORE SHIPPING DISASTER& —LIVERPOOL, THIS-
DAT.—it would appear that there is to be no termination
to the hit of shipping disasters consequent on the late
series of gales, for not ooly have we deplorable accounts
from all parts of the United Kingdom and Irelead,brd even
from the American continent we learn that storms equally
as destructive as thine which have visited this country
have been ravaging the American seaboard. To-day the
large American ship Excelsior which left Liverpool on the
2-ith December last for New York, under the command of
Captain Pendleton, put back to this port in a
very disabled state. She bad scaroelv got clear
of the Irish coast than she encountered the terrific
Christmas storm from the westward, not withstanding
which Captain Pendleton endeavoured to forge his way to
the west, but after several ineffectual attempts was com-
rolled to relinquish the task, and seek safety In running
before the wind. Even this wu not accomplished
without danger, as the Excelsior's sails were all carried
away clear out of the gasket', the boats were all stove in,
the decks swept, and, on the whole, the vessel was so
buffetted about as to make her entry into the Mersey in a
very leaky condition. Captain Pendleton states that on
the 14th inst., at 2 p.m., when in lat. 51.6 N., los. 9.15
W., he spoke the screw-steamer Reinhard. Cap-
tain Midler, of Amsterdam. in a very crippled
state. The steamer had lost
.her rudder, and bad also bees
damaged in her hull and rigging. The vessel appeared to
be in great distress, and to labour very bard in the sea ; and
the captain desired Captain Pendleton to report his condi-
taw, if possible, to two steam togs, and send them to his
asistanoe, as his vessel was fast drifting to E. S. E., on to the
Irish coast. The Lilly,which left Liverpool on the 18th Dee.
for Madeira, put beck to the Money thisroorning in a dis-
abled state, having also encountered the late gales. The
Messenger was reported off Holyhead to-day, with loss of
fore-topmast, jibboom, he., but, up to the 2e patch of our
parcel, we have not heard of any fresh disaster accompa-
nied with loss of life.

The United States corvette Kearsarge, which
may be remembered for having sent the Alabama to the
bottom off Uherbourg, has just arrived at Marseilles from
Villafranca.

THE LOSS OP H.M.S. BULLDOG.

COURT-MARTIAL AT DEVONPORT.

A court-martial assembled at Devonport on
Monday, on board the Royal Adelaide, guard ship in
Hantoaze, to try Captain Charles Wake, mid the officers
and men of her Majesty's late ship Bulldog, 6, paddle
aloop, for the loss of that vessel.
The Bulldog, it may be remembered, was destroyed by
her captain, on 23rd October last, in the harbour of Cape
Haytien city, St. Domingo, to prevent her falling into the
hands of the insurgent rebels, whose forts and vessels she
was engaging when she nnfortneately grounded on a spit
of sand and coral in the harbour. The following officer.
formed the court ;—Admiral Sir C. H. Fremantle, K.C.8.,
Port Admiral, president Rear-Admiral T. C. Symonds,
C. 8., Admiral Superintendent of Devonport Dockyard
Captains T. H. Mason, Canopus; F. B. P. Seymour, Royal
Adelaide ; C. J. F. Ewart, Cambridge ; It. Maguire,
Galatea ; F. S. Tranlett, Impregnable ; and Mr.
W. Eastlake, Deputy-Judge Advocate. Captain Wake
a assisted by Mr. J. Beer as his legal adviser.
Os the opening of the court the officers and men
were mustered, all of whom answered to their names, with
the exception of one seaman who was reported "at hce-
vital." In answer to the usual inquiries of the court neither
officen nor men bad any complaint to make in reference to
the loss of their ship.
A narrative was submitted and read to the court by Capt.
Wake.

At the close of the reading of the address, Mr. E. Be.
henna, assistant-master, and Lieutenant John L. Way,
renior lieutenant of the Bulldog, were called before the
court and submitted to a long cram-examination on the
various statements in the narrative, the court more parti-
cularly inquiring as to whether every proper mesas had
been taken on board the vessel on the day of the accident to
prevent such a circumstance occurring as her running
ashore, and whether subsequently every means was
adopted that was available to endeavour to get her off
before she was destroyed.
The following officers and men were examined in Menace
to the details of Captain Wake's narrative:—Richard
Oliver Jam, master's assistant ; W. Symons, captain's
coxswain ; George Gentile, quartermaster ; and 11' illiarn
Taylor, eignalcuas ; Dr. J. Breakley, surgeon ; Mr. R.
Boughton, chief engineer. A statement was then sub-
mitted to the court in defence of Captain Wake, pointing
out that his narrative was confirmed, and Lieut. Rougemoot
and Mr. E. Behenna, master's assistant, appointed sating
second-master, and doing duty as master of tho Bulldog,
were called as witnesses in defence. The court was then
adjourned to 10 a.m. yesterday. On the court re-
assembling, Mr. fogledew and Mr. J. Mackenzie were also
called in support of the captain's narrative. The court was
then closed, and after about two hours' deliberation, on its
being re-opened the Juddge•Advoate announced that the
court were of opinion that negligence was shown on the
part of Captain Wake sod Mr. Behenna, the acting-
master, in running the Bulldog ashore, by allowing
her to run within the marks laid out in the chart. The
court was also of opinion that sufficient exertions were
subsequently not made to get the ship off ; also that the
ship was prematurely destroyed. Captain Wake was
therefore dismissed the ship, andiseverely reprimanded,
and Mr. Behenna was reprimanded. The court were
also of opinion that Lieutenant J. L. Way and Lieu-
tenant F. Rougemont had committed errors of judgment in
agreeing in counselling with the capt►in to destroy the ship.
The court could not however separate, ►fter excepting the
above officers, without expressing its full approbation of the
very satisfactory conduct of the other officers and the crew
under such disadvantageous circumstances.

POUNDEIZING OP VIP AMALIA STEAMSHIP,
The total loss of this large steamer, one of the
new line of steamers recently established is connection with
an overland route to India from Liverpool, was made known
yesterday in the City, and from the very heavy amount of
insurances effected on her at Lloyd's and different matins
insnrarce offices—nearly 250,0004—her wreck excited con•
siderable interest. The Amelia is reported to be mast red
for 50,000/., and her cargo to about 200,000/. AU the offi-
cers, crew, and passengers lost their baggage and everything
belonging to them. The loss of the steamer is attributable
mainly to the bunkers sot being fitted with lid coverings.

NEW FIRE SALVADE CORPS FOR LONDON.—In
consequence of the management of the fire brigade being
transferred to the Metropolitan Board of Works the leading
fire iosurauce companies in the metropolis have decided on
witahlishing a new force, to be called the London Salvage
Corps, for the better protection of property at fires. They
have appointed Ile. :Swanton, the present chief officer of
the western division of. the Metropolitan Fire Brigade,
superintendent of the corps, which is to master nearly 100
men, viz., five foremost, .50 permanent men, and 60 auxi-
liaries, to be employed when wanted. The corps will be
divided iota four districts, each station being in clime proxi-
mity to the present fire engine stations, so io the event of a
fire happening, a given number of men can at once be em-
ployed in savior property, whether insured or otherwise.
The uniform to be worn by the corps will be similar to
that of the old tire brigade, with leather helmets (the new
tire brigade are to have brass helmets, similar to those
worn by the fire regiment in Paris).
FIRE AT ROTIIERHITII E.—Between two and turee
o'clock y esterday morning • fire broke out at the Thames
Tunnel Wharf, 51, notherhithe-street. From the fact of
the wharf adjoining the large granaries of Mr. Timothy, it
was feared that half of that part of the street would
be destroyed. The Tunnel Wharf belonged to Mr. H.
Levy, a sack-maker, and the building destroyed, although
only two doors high, was 85 feet wide and GO feet deep.
Owing to the many tons weight of goods of the most in.
flammable character, the flames spread with great rapidity.
The engines arrived in rapid succession, and plenty of water
was obtained from the Thames to feed the floats, and also to
supply the land steamers and those worked by manual
power ; but in spite of the exertions of the firemen the
dames continued to progress, and even at one o'clock yester-
day afternoon the fire was far from being entirely extin-
guished. All of a sudden the walls of the spacious building
fell with a tremendous crash, filling with the dAris the
barges and other vessels lying close by in the river. The firemen,
to avoid being crushed to death, bad to drop their hose pipes
and retire. Mr. liviotdale and Mr. Ramps, two of the
officers of the brigade, narrowly escaped with their lives.
The firemen, however, managed to save the premises of
Mr. Timothy, but great damage was done to the side of the
building by fire, and also to the contents by water. The
cause of the fire is at present unknown. Mr. Levy, it was
staled, is insured in the Law Fire-officio, and Mr. Timothy in
the Liverpool and London and Globe Fire-offioes.
LONDON COFFEE-HOUSE KEEPERS' ASSOCIATION.--
The ordinary half-yearly meeting of this society was held
yesterday at Acclaims's Hotel, Fleet-street ; Mr. Brett in
the chair. Mr. Rogers, the secretary, read the report,
which stated that during the past six months the enbeerip.
boos received have amounted to 6U. Bs. 6d., and the dona-
tions to 151. 16s. 6d. The amount paid to pensioners
during the same period had been 1184 lle., while the
general expenditure -had bees considerably Mooed. The
capital of the society sow amounted to the sum of 4,455/.
lls. &1., deposited in the Bank of England, including the
interest. The chairman, is moving the adoption of the
report, earnestly entreated the 00-operation of the trade in
assisting the committee to obtain en lacrosse of sutseribera,
that the grants may be made to the peadoesem of the
society without touching its capital fund. The repast wee
adopted, and the usual tontine business having bees
transectod. the proceediap closed with a vote of Woks to
the daimon.

LAW INTELLIGENCE.

COURT OF QUEEN'S BENCH.—Jsx. 16.

Rittiap in Baseo.—{Batore the Lord Chief Justice, and
Jostioes Maokbure, Mellor, and Lash.)

BRIAN'. V. FOOTE.-.-11.111RIAGY FEES.

This was a special ease, for the opinion of the oourt as to
what was the legal fee to be paid for marriage in the parish
of Hottan in the county of Bucks.
Mr. Mellish, Q.C. (with whom were Mr. Keens? Q.C.,
and Mr. M`Namara), said this was an action originally
brought by the plaintiff against the defendant, a clergyman,
for refusing to many him. The parties got into some
very complicated pleadings, and went before Mr. Justine
Blackburn relative to them, when an order wee made strik-
ing out all the pleading., and raising by special cede what
was the legal fee for a marriage in the parish of Horton.
Mr. Justice Blackburn said the pleadings were not only
exceedingly complicated, but they were most scandalous,
and had nothing to do with the case.
Mr. Mellish said the effect had been to deprive the court
from pronouncing an opinion upon by far the most impor-
tant question, because, having looked at the canons, he was
convinced that whether there was • legal custom of a fee
for marriage or not a clergyman could not legally refuse to
many a man and woman because the fee was not first paid.
Mr. O'Malley, Q.C. ( with whom were Mr. Stephens, Q.C.,
and Mr. Prideanz), for the rector, said they had nothing
to do with that question.
Mr. Justice Blackburn said it appeared that certain per-
sons in the pariah most indecently and improperly got a
man and woman to go to be married, and retailed to pay
the fee. The clergyman who is acting for the defendant, 1
who is the rector, very properly said he could not com-
promise
the rector's rights in his absence, but rather than
that the man and woman should live in sin and con-
cnbinage he would pay the 13.. 4d. for them and marry
them. The man and woman laid no they would not, but
that they would bring an action, and consequently two
mandamuses were applied for. He thought they could not
much complain that be had shut them out from raising
questions onthe canon', and got the parties quietly married,
reserving the point to be raised by special case.
Mr. Mellish said then he hoped this ease would not be
treated as a decision that a clergyman could legally refuse
to marry his parishioners untfl the fees were paid. The
law was perfectly clear that a clergyman had not, so to
speak, a hen on his fees, but he most perform the service
first, and having done that demand his fee, and if not paid
he must rue in the Ecclesiastical Court for it. The issue
came on to be tried at Guildhall before the Lord Chief
Justice and a special jury, and then referred to as
certain the usual fee paid. It was found that sines 1808
the fee for • marriage in this parish was 13.., and sometimes
13s. 6d.-3.. for the clerk, and 10s. or 10s. 6d. for the rector.
A marriage fee must be certain, reasonable, and paid from
time immemorial. It was quits clear that no fee was pay-
able as a common right, and it did not necessaril7 follow
that there was • legal fee in any parish, though it was a
common and ordinary practice to give by way of gratuity a
reasonable sum to the clergyman of the parish. An action
could not be maintained for it at common law, but in the Ec-
clesiastical Court, and that could only be dope after the mar-
riage ceremony had been performed. There was evidence to
show that prior to 1808 the fee paid in this parish varied
from 13s. to 13s. 6d., and 3s. for the banns, making it 16s.
or 16.. 6d., which was not even a reasonable sum at this
time. His main objection was that the fee was too large,
and that it was impossible to believe that it had existed
from time immemorial.
Mr. Joshes Mellor—A Dorsetabire labourer would have
to starve for a week and some days before he could pay the
fee. (Laughter.)
Mr. Mellish—A few years ago agricultural wages in Bucks
were not more than Ss. per week. They bad now got up to
6. or 16.

Mr. Justice Blackburn—ls that sufficient to ripest the
fee ? Thirteen shillings when legal memory commenced,
when Richard L came back from the Holy L►nd, was no
doubt a large fee, equivalent to 201. of our present money.
Mr. Mellish—Yea, an absurd sum. When fees were
established for marriages, under the 6 and 7 William IV.
in the registration offices, the legislature fixed Is. for the
notice, which was equivalent to banns, and 10e. for a
marriage license, and ss. otherwise. Wu it not unreason-
able that the fee claimed should be as much as two weeks'
wages of as agricultural labourer ?

Mr. JustiCe Blackburn—No, no. A man does not marry
every week in the year, but, as he hopes, for once only in
his lifetime. If he had to pay a week's wages for it once a
year, it would be a great snm, but every man did not wish
to be a Blue Beard. (Laughter.)
Mr. Mellish said there were unfortunately cases in the
agricultural districte where persons should be married at
once to be made honest women, but this enormous fee
would prevent that. It was also an uncertain fee, and he
contended the fee was bad on the three grounds he had
stated.
The case had not concluded when the court rose.

COURT OF ALDERMEN.

A Court of Aldermen was held 3 esterday at
Guildhall; the LORD MAI OR presided.

His Lonnanir, an baking hi; seat, announced to the court
that in conformity with their request he had had an Inter-
view with the Lord Chief Justice, in reference to the sug-
gestion that was made by the Committee of General Pur-
poses, that during the absence of the Recorder upon the
commission relating to the late outbreak in Jamaica some
arrangement should, if practicable, be made that more than
the ordinary number of judges should attend the sittings
of the Central Criminal Court. His lordship stated
that he had met the Lord Chief Justice by ap-
pointment upon the subject, and his lordship
had received him most kindly and courteously, and
he had stated that some difficulty might arise
at the next session of the Central Criminal Court owing
to the judges having to act in banco at the same time es
the sittings of that court ; but that, having regard to the
other high and important duties that devolved upon them,
the judges would do all in their power to meet the
wishes of the wart. (Hear, hear.)

The TOWN CLERK also read a letter from Mr. Wadding-
ton, from the Horne Office, which enclosed one from Mr.
Rogers, the secretary to Mr. Secretary Cardwell, expressing
the satisfaction of the latter at the readiness with which
the Corporation had assented to the request of the govern-
ment that the Recorder should act upon the Jamaica from-
mission.

The communications Were ordered to be recorded upc
the journals of the court.

THE CITY PRISONS.

Mr. Alderman and Sheriff GIBBONS handed in a statement
of the condition of the different prisons and the number of
prisoners at present confined therein. It appeared by this
statement that there are at present in Newgate 65, in the
debtors prison 77, and at Holloway 321 prisoners.

THE LATH CHAPLAIN OP THE DEBTORS PRISON.
Mr. CONSTABLE, the governor of Whiteman-street prison,
reported to the court the death of the Rev. Mr. Carver,
the chaplain of that prison.
Mr. Alderman CHALLIS said that the duties of the shin-
lain of Whitecroes-strest prison were very light, and only
occupied a few hours during the week ; and he moved that
the subject be referred to the consideration of the Goal
Committee, for them to report with regard to the appoint-
ment of a successor, and what other steps should be taken
in reference to the matter.

Alderman Sir J. DUKE said he thought it right to inform
the court that, with the concurrence of Mr. Alderman
Waterlow, they had, as visiting justices, appointed the Him
Mr. Jones, the chaplain of Newgate, pro tern., to perform
the same duty at Whitecrosautreet prison. (Hear, hear.)
The motion of Alderman CHALLIS was then agreed to.
THE NEW LUNATIC ASYLUM.

Alderman WILSON brought up a report from the com-
mittee of visiting justices of the new lunatic asylum, which
stated that the building was nearly ready for the reception
of the prisoners proposed to be sent there, and asking for
the sanction of the court for permission to draw out of the
City's cash the sums that were necessary to carry out the
preliminary arrangements. AU that was asked for was the
sum of 5001., and it was explained that when the budding
was in fuU operation the expenses that were incurred would
be repaid by the parishes to whom the pauper lunatic* that
were sent to the asylum belonged.
Alderman Da KW, the chairman of the committeeappointed
to superintend the erection of the asylum, said he had great
satisfaction in informing the court that there was every
reason to believe that the building would be fully ready for
the reception of its intended inmates by February next.
(Hear, hear.)
The motion of Alderman WILSON was then agreed to,
and the court shortly afterwards adjourned.