The Express.
London, England, 1858-11-02 00:00:00

THE EXPRESS, TUESDAY EVE NO, NOVEMBER 2, 1858.

that he has done the right thing, and not,
merely the courtly thing, in the air of the Stade
Dues? Hu he rejected the unreasonable proposition
of Hanover, and renewed the notiee fee the termina-
tion of Lord ABERDEEN'S Treaty of 1843 ? Or does
be waver between dynastic love of jobbing and the
lanwesta of oar trading community P Turning toe far
MO important subject, will the FOREIGN SECRE-
TARY tve able to satisfy the Cabinet that, though he
was in Scotland when the Della ewer a and Austerlitz
were secretly despatched to Lisbon, and though he
tarried out of town till the question was settled, as
It has unhappily been, by the submission under
&reset of Portugal to the bullying demands of
France, we did all that in us lay to avert the humi-
liation, and to prove our loyalty as an old ally ?
It is said that the Portuguese Government asked
only for our good offices in mediation, but did not
desire the protection of our fleet ; and our mediation
being refused by Louis NAPOLEON, it would have
been aboard in us to have forced our protection on •
Power that did not wish for it. But is this so ?
There would be, indeed,as Lord Defter may jauntily
say, no use in turning out Lord PALMERSTON if we
were still to go on thrusting the muzzle acne ruse
into every friendly harbour that did not want them.
The inquiring mind of Parliament, however, will
probably ask whether the King of PORTUGAL, before
he broke his sword in the face of Europe and Hang
it at the feet of the French EMPEROR, had any cause
to doubt that he would have been supported by
England in ease of ezt7mity ? We are naturally
glad to be saved from even the chance of hostilities
with France; and Dom Pane° IV. has undoubtedly
shown himself • wise man in preferring to submit to a
wrong which does not dishonour him, rather than
expose his country to the horrors of being fought for
by two first-rate Powers. Still we should like to
know how our Government demeaned itself in this
and other affairs, for our own satisfaction. It cannot
be too often regretted that the bad habits of our
Foreign-ofike prevent it in cams like that of the
Charles-et- Georges from telling the public at once
what it has done in their name. If Parliament were
sitting we should ere this know all about the matter.
It is an intolerable penalty and puerility which re-
quires us to wait three months for the information.

Tins really won't do. Our Bankruptcy system,
from its inherent defects of procedure, is already
sufficiently distasteful to the mercantile community
of this country, without being rendered additionally
odious by the overbearing and intolerable demeanour
of those to whom its administration is en-
,trusted. Was there ever so indecent a scene wit-
nessed in a modern court of justice as that which
was reported at length in our columns of yesterday
se having taken place before Mr. Commissioner
FaBx ? We know nothing of Mr. SAROOOD, the
gentleman with whom the long-drawn altercation took
place, beyond the fact that he is a barrister of some
standing, having considerable practice in the Bank-
ruptcy Courts. We form our judgment solely on our
report, which we have every reason to believe to be
strictly accurate, of what took place on the occasion
referred to, and, judging by this test, we have no
hesitation in 'eying, that while Mr. Baitooon
appears throughout to have preserved his temper,
under circumstances of the greatest difficulty and
provocation, the conduct of Mr. Commissioner FAME
sou sash as deeply to disgrace the administration of
British justice.
Mr. SAROOOD appeared for the assignees,
to oppose the passing of a bankrupt named
SAUNDERS. The principal ground of opposition
was that the bankrupt had made false state-
meats on his balance-sheet. It was also con-
tended that as, jest before his bankruptcy, he
had executed a bill of sale to his son-in-law (of
which he had mid nothing in his schedule), the
assignees were entitled, under the 123 th clause of
the Bankrupt Law Consolidation Act of 1849, to the
usual order for having the goods, included in this
bill of sale, sold and disposed of for the benefit of
the creditors. Both these were important points:
both of them were urged by Mr. BARGOOD with
perfect temper, but with that proper degree of firm-
ness which his clear duty to his clients rendered
imperatively necessary. The manner in which they
were met by Mr. Commissioner Fame is almost
incredible. Alter the bankrupt had explicitly
admitted the utter falwhood of the statements on
his balance-sheet, the Commissioner, resolved appa-
rently that the man should :pees if possible, in
spite of Mr. SARGOOD, endeavoured to make
him retract his retractation, and answerer
the contradiction that he had jut been compelled to
make on oath. The only result of this attempt on
the part of the Judge was to involve his insolvent
prcitigl in a still more hopeless entanglement of
equivocation and falsehood. With regard to the
fraudulent bill of sale and the application founded
on it under the 123 th clause of the Act, the Com-
missioner's conduct was still more extraordinary.
He refused to look at the bill of sale, or to take any
note of its contents; he flatly refused, indeed, to
take any note of the evidence at all, declaring that
it was the solicitor's duty and not his to do so.
When Mr. SAROOOD earnestly entreated him to take
a note of a particularly important answer, his reply
woe, " I am not to be dictated to as to what I am to
" do; of what I choose I will take a note." Mr.
BAROOOD descended to ask it as a favour; the short
answer was, "I shan't do it." The solicitor fared
no better, rather worse, when at an after-
stage of the examination he urgently pressed the
same request. Mr. BURILITT—" Will your Honour
be kindenongh to take that down ?" The Commis-
MonlA—" It would be better if you would do your
" daty, and not interfere with mine. You know
" perfectly well that it is the duty of the solicitor to
" the bankruptcy to take down the evidence." Mr.
Bunarrr—" Then, if I do so, will your Honour sign
" my notes ? " The Commissiontiz—" If you do not
" conduct yourself with donee, and propriety I
" shall not stay here." The Commissioner
did stay, but it was only still farther to ex-
pels hinmelf. He could not forget Mr. Hun-
UTE and the notes. He returns to the charge.
" As to my taking notes, it is no part of my dirty to
" Mks thmis. It is the duty of the solicitor to the
" bankruptcy,andl think that person is not a very fit
" person to attend in this court, for he does not know
" the respect due to this curt, inasmuch as he
" neglects his daty and then finds fault." " That per-
" son " has addressed to us a communication, which
will be found elsewhere, giving very good, in feet
unanswerable, reasons for not taking notes himself,
and showing that Mr. Commisaioner FsNa's declared
opinion of the correct course in this respect was the
very opposite of that which he promulgated on
Saturday, and one which not only the reason of
the thing but the practice of every other
court in this country would show to be the right
, rale of proceeding. As the cam went on, the con-
duct of the Commissioner became worse and worse.
He called on a fresh cause. He took notes and
signed documents relating to other bankruptcies.
He fell foul of the parliamentary draftsman, that
• " wiseacre whoever he was, who by throwing three
"or four mischievous words" Into the 123 th section
of the Bankruptcy Consolidation Act, " had thrown
• " everything into confusion, and made a very awk-
k " ward and terrible clause of it "—a clause which he

the Commissioner, for bno, we'l not going:to net
snider. Finally, brealdeg throsih Mr. sAxGoicnre
address, the Commissillwer, taniing to the bank-
rupt, asked abruptlyOrturther kb was prepared to
sign the papers—the papers, be it observed, which
he had sworn to be false. What follows we must
give verbatim:
Mr. SAROOOD—Yon ant net at liberty to pass him If I
show they sm wrong. I do not think any judge ta the
kingdom would allow him to do so.

The Comettetortza —I allow him to judge for himself.
Mr. SAILOOOD —l3st I do tot, Mr, and I uk you to judge.
I em going to e second pert of my am.

The Comma/tough (to hie attendant)—Where's my hat P
(To Mr. Bergood)—Do you propose then to farther examine
the bankrupt ?

Mr. 8.4.4000 D-1 am addressing you, air. upon the evi -
data, already given.

TM CommitMtom sa —I do not care (patting on his bat).
XT. BASOOOD—WeII, really this surpasses everything.
The Commtsstoteza (to bankrapt)—Are yon erillin,g to sign
them papers and adopt then an a fall and tries amount of
your Weis sad Aids ?
Btsurrt—Yes, I us.

The Cortitaatowna—Thwa you may do 0.
Mr. Saanooo—Bitt, taellJ, elr, I was about to all your
attention to the feet that this matt Davin swirled away the
whole of him property ea the 2tet of Jute, there la not a
syllable lo the whole of that balanoe-sheet rderring to that
anaignment in any way whatever.

The COlOluatom az (rising sad pushing away his desk)—
That is nothing to we.
Mr. 8s nooon—Do yon adjourn this sitting, then, sir?
The COMMISSION2B-1 osanot. Yon must go to soother
court.

Solotmtur risu tabula: "his Honour" retired
amid the general hilarity of the Court, leaving it
I subject of animated discussion whether the
bankrupt had been passed or adjourned. It appears
by Mr. Straurr's communiestion that to pus the
bankrupt under the circumstances was too strong a
measure even for Mr. Commissioner KUM. He re-
turned to make an entry that the bankrupt could not
be sworn to his statement, and then—retiredfor his va-
cation. If the creditof his court were duly consulted
by those in authority, that vacation should be a long
one. Mr. Commissioner FANS ought to be ad-
journed sins die. He has had several hearings—that
on Saturday was neither the first nor the most
flagrant—and he has taken care to give himself a
I certificate of the lowest class. These are not the
days when a couple of thousand a year can be given
to a judge who is too lazy to take • note—too
arrogant and ill-mannered to consult the decencies
of his position—too self-opinionated to submit to the
I law he is paid to administer, or to consult the in-
tercets of that class of the community which he was
principally appointed to serve.

•
LIVIST INTELLIGBKE. '1

THE MASSACRE OF A FRENCH CREW BY
AFRICAN " EMIGRANTS."

(IT SONOIRRINI7 AND !WYNN TILRORAI.R.)
I PAWS, TUESDAY MORNING.
The name of the French vessel, the captain and
prow of which were massacred on the coast of the
Comorea, is the Anna. The emigrants rose upon
them, and only two men escaped.

The Moniteer ds la lifunio* gives the following
details connected with the seizure of the French
ship the Alfred by the Portuguese, as briefly men-
tioned by the telegraphic despatch from Nantes :
_ .

The Labewdounsis steamer has brought to the government
of Recision news from the meet of Africa, which leads us to
augur favourably of the mission of the French brig of war
Le Genie. She has also brought reports from Capt. Cahours, ef
the Alfred. That veinal was at Anjou= when she fell in
with the English corvette Persian, by the captain of which
she was visited, every inquiry being made se to the opera-
tions which she was engaged in. The clear and explicit re•
plies made by the captain of the Alfred prevented the corn-
ancient of the Persian from carrying Into execution his
intention of searching the vessel. The interviews which the
captain of the Genie afterwards had with the commanders
of the English maulers on the station and the energetic
language he made use of were of • nature to prevent
the renewal of similar pretensions. The instruc-
tions for the vessels on the Mozambique station,
by the governor of Riunion, give the French merchantmen
all the support necessary for their commercial operations.
The Alfred, on leaving the Comore., when she had made
some engagements, proceeded to Ibo, on the eastern coast of
Atria, to convey three European passengers to that place.
The Portuguese governor seized the vessel, and sent her to
Mozambique. The governor of Reunion received the intima-
tion of this fact from the governor-general of Mozambique,
who in the same despatch announced that the Alfred had
been Messed, and the governor of Ibo summoned to Mozam-
bique to glee an account of his conduct. Thu satisfaction
has been given before It has been applied for.
The Pays denies that it is the intention of the
Emperor's government to forbid French vessels
from proceeding any longer to the coast of Africa to
engage negroes for the French colonies. " The
operations of the immigration," it says, " are
thoroughly straightforward and correct. They have
nothing whatever to do with the slave trade; and
if, in practice, there sometimes take place irregu-
larities which it is easy to remove, that circum-
stance does not destroy the principle on which
they are based. We believe that the only reform
in contemplation at present is to destroy as much
as possible the trifling abuses which take place in
practice. As to the immigration itself, France
maintains its right to the utmost extent. We may
add that not only the immigration has not the
inconvenience* mentioned by the English journal,
but that it constitutes a positive progress, when
looked at from the point of view of humanity. It
results, in fact, from the last reports of the French
and English commanders of the squadrons on the
coast of Africa, that at present the black kings
wou,d put a considerable number of their subjects to
death, if, since the abolition of the slave trade,
they did not find means of employing them in
immigration."

ITALY.

(PROM OCR OV( CORRESPONDENT.)

NICE, Oct 28.

The trial of the murderers of the advocate M.
Garibaldi, cousin of the famous Garibaldi, was con-
cluded this afternoon. This crime had created a
most painful sensation in all Italy, and, from the
peculiar circumstances of the case, it may be con-

•
iidered as a public lesson. For many months, and
up to the day of the murder, Nice had been plagued
by a band of idle scamps, who this evening tore
through the streets shouting offensive songs, insult-
ing the passengers, and breaking windows. The
police was never present when wanted; the indig-
nant representations of the respectable inhabitants
and of the local journals failed to stimulate the zeal
ed the authorities, while the evil-doers, encouraged
by Impunity, at list committed murder, from noother
aeotiee than love of bloodshed and defiance of
authority. On the afternoon of the 28th ult., three
men, named Raymondi, Anfosso, and Martin, who
' belonged to the above turbulent band, and were
notorious vagabonds, presented themselves before
the country house of a M. Saint Aignan, outside of
Nice, and, uttering menaces, commenced battering
against the door. The steward of the property,
leaning over the wall, inquired their business, and
met with this reply :—" We intend to beat some
one." The steward gave the men some figs and
wine, whereupon they directed their steps
towards a neighbouring country. house, belong.
ing to M. Garibaldi. On arriving before the
door they commenced shouting for drink, and,
having met with no reply, forced an entranoe and
rushed into the garden. Two female servants who
expostulated with the men were insulted ; and one
of the latter, striking a rose tree, vociferated,
" Were you a man, and not a tree, I would kill
you." A !shearer, attracted by the noise, advanced
towards the three men, who, without further cere-
mony, commenced beating him with their fists and
with stones. Two other labourers approached, and,
having released their comrade, seized on one of the
assailants. The muter of the house, M. Garibaldi,
arrived at this moment, and, having ordered the
men to keep a firm hold of their captive, he de-
spatched one of the women into the house to fetch
writing materials in order to draw up a report of the
mange. The other two assailants, on hearing this
order, commenced hurling stones at M. Garibaldi;
end one of the two, Raymondi, encouraged by the
absence of resistance, drew a knife and closed with
the people of the house. One of the men engaged
In holding the captive received two stabs, from
which he has partially recovered ; while M. Gari-
baldi received a mortal wound, and expired two
hours afterwards. The three men escaped in
the confusion ; but, instead of seeking safety
in immediate flight, they insulted arid maltreated
other persons in the neighbourhood and then withdrew
to their usual haunts, where they were captured on
the following day. No doubt existed with regard to
the identity of the prisoners; numerous witnesses
recognised them. Raymondi, moreover, left behind
him on the scene of murder his waistcoat and hat.
The knife with which the deed was committed was
recognised as having belonged to • relation of Ray-
mondi, who had, • short time previously, stabbed
with it a person named Vial. The prisoners adopted
for lines of defence the plea of drankenness, and
accused themselves of having stolen on the evening
before the murder two dozen bottles of wine from
the cellar of a publican. But the latter had missed
none of his property, while the majority of witnesses
declared that the prisoners were not intoxicated bat
seemed possessed by an evil spirit. In fact, they
were inflamed by the idea—confirmed by previous
impunity—of their superiority over the law. The
public prosecutor concluded for the following ver-
dict :—Raymondi, death ; Antonio, hard labour for
life; and Martin twenty years' hard labour. The
wart, however, took a more lenient course, and
sentenoed Raymondi to hard labour for life, Anfosso
to twenty years of the same punishment, and Martin
to three years' imprisonment. The public did not,
it is true, comprehend the disproportion in the two
latter sentences. During the trial considerable ex-
citement prevai led, and the court was densely crowded
on every occasion.
This severe lesson given to the riotous band has
afforded general satisfaction to the foreign residents
and to the inhabitants, who have already remarked
that the police of the town has proved less ineffective
sines the commission of the above crime. It cannot,
however, be said that public order is protected as it
should be, and I only re-echo the sentiment of every
di eigner in Nice when I state that the less fre-
quented streets are not so secure as they should be
sifter dish. Considering that the principal mer-
chandise in which the town deals is sunshine, and
that the customers for that article are weak invalids,
Mho are at the mercy of the first muscular scamp
who attacks them, too great attention could not be
paid by the authorities to the protection of those
,whose very weakness creates the prosperity of the
General Garibaldi, cousin of the murdered man,
has just left Nice for the little island of Maddalena,
is the Mediterranean, which he inhabits with his
son and a smell colony of political friends of Nice.
The general. who, by the bye, is the mildest and
meet unassuming of men, has not yet given up his
profession of sea captain, and he is about to Assam
the command of a first-class vessel of Genoa. His
daughter has been adopted by • wealthy family of
Nice.

- - Russian families of distinction continue to pour
into Nice, where Englishmen now play only second
fiddle. The widow of the Duke of Leuchtenberg,
the Grand Duchess Maria, his been residing in Genoa
for the last four days, and is expected here daily.
General Sonkonsannotto 1., brother of the Russian
Minister of War, figures amongst the last arrivals,
with several other general officers with equally un-
mronounceable names. More illustrious visitors are,
however, expected, in the shape of M. Meyerbeer and
Ernst, the king of violinists.
A singular specimen of the character of the re-
ligion professed by the inhabitants of the neigh-
bourhood, and also of the town of Genoa, notorious
for their fanaticism, was offered • few days afo at
Arenzano, near the " Superb City." A religious
fête, the Casaccie, is celebrated in that plane by pro-
cessions, in which the male population indulge in
trials of strength: the man who can carry the
longest a gigantic wooden crucifix is rewarded by
general esteem, and take.; the place of honour in the
drinking bout which follows the match. After all
the money collected for the celebration of the fête
has been consumed in drink, the crucifix is sold to
the highest bidder, and the libations recommence
with fresh vigour. The enlightened portion of the
clergy endeavoured to put an end to this disgraceful
custom and the Dort of the place announced his in-
tention of devoting the funds collected for the cele-
bration of this year's fête (800 f.) to the restoration
of the church steeple, which is sadly in want of re-
pair. This decision provoked the indignation of the
people, who despatched • deputation to the Arab-
bishop of Genoa in order to have the reforming cure
called to his senses. But the archbishop and the
civil authorities of Genoa pronounced themselves
completely in favour of the cure, and dismissed the
deputation. The latter, on its return, excited the
population to disorder, and the offending cure was
beaten severely in the church when about to read
mass. The deputation has been matched off to
prison in conseouenee.