The Express.
London, England, 1866-07-26 00:00:00

THE -RXPRESS ,rpfaURSIt),AY -EVENING, JULY- .261,,1iyaf. •
t,

THE DISTURBA/:NTB.

lead had been stolen from the park. For the unlawful
of the lead lee should, send the prisoner to herd
hour for two months.
At the instance of Mr. G. Dillon Lewis, who represented
a person named Ellis, rionvisted yesterday, as of
character, Mr. luox consented to admit him to Mectable

1 DEPUTATION TO THE HONE SZOBATARY.
AA abstract of tleadollowing reply yesterday of
Mr. Walpola to the deputation from the Reform League,
appearedm the greater part of our impression last evening.
Mr. WALPOLE said I have to thank you, in the first
place, for coming here, and in the second place for the con-
ciliatory tone you have all used in reference to the present
unhappy proceedings. (The right hon. gentleman here
paused for 80020 seconds, evidently being much effected.)
You all with me have the desire to see peace restored to
this metropolis, but there are many subjects mentioned in
your remarks which no one here present can expect I
can give an answer to. With regard to any decision
given by the magistrates it is one of my first duties
to examine and attend to it, and upon any appli-
cation being made I shall feel it my duty and
pleasure always to go carefully through any case submitted
to me, and consider it. More than that, I am sure you
will not expect me to say. Other remarks have been made
witliTgard to the conduct of the police. Ido not desire
to enter into any irritating topic, and I can make every
allowance for the observations Nude, as I know well when
excitement of this kind takes place there may be charges
brought—bravely and honestly brought—on both aides. I
am dot mum into that part of the question; but at the
same time I think I must say the police deserve great con-
sidelation on your part, as acting in obedience to ordeis,
and maintaining, under trying circumstances, the peace of
I the iity. Other remark' have been made with regard to
the desire you all have to discuss publics questions
of great importance, and to have open spaces
or places in which you can go, and in which
these discussions can be carried on. On the part
of the government I hope you will all distinctly under-
stand that to such discussions we have no objection, but
on the part of the government I wish you also to under-
stand, for the reasons I offered in the House of Commons
last night,we do notthink—and my predecessor entertained
the same opinion—that park. are the best places, or the
proper pieces, for such discussions. That, however, will
be a matter for future consideration ; it may be brought
before the Rouse of Contemns' and when it is, I will give
my opinion upon it. I only ask you now whether you
think that if you discuss on one side an exciting topic,
you must not allow it to be discussed on the other, or
on many other aides, and whether this is likely to main-
tain or uphold the purposes to which the parks are
appropriated. Now, I oome to the real question—the pre-
sent position of affairs. Ido not want to look back to the
past, except to make use of what has occurred in avoiding
the same thing for the future. The whole of this, Mr.
Beaks, arises from the different views we took as to
whether Hyde-park was a place in which, as a matter of
right, you and your friends could call a large meeting, and
enter for the purpose of political demonstrations and pro-
mations. One observation has been made by you to-day
which I only wish had been made to me last week—that
your desire was to establish fairly whether that right ,
existed. Had such an observation been made to me last
week I would have mid to Mr. Beales what I now say to
him, that for the purpose of determing that right, the
government will offer you every assistance in its
power. That being so, I think we ought all of us to
arrive at this conclusion, that during the suspension of
that question, without prejudice to one aide or the other,
we had better not anticipate what the judicial proceedings
mey result in. Now, assuming this to be so, in relation to
the present unfortunate position of affairs, what is to be
done! I understand that one of the preliminary things
you desire is to have no demonstrations of police or
military. I can assure you I have no desire to make any
unnecessary demonstrations or use of the police or the
military; but, on the other hand, I beg you will bear in
mind that in the position I fill, being the guardian, to a
certain extent, of the peace of the metropolis, I should
not be justified in relaxing all proper precautions, seeing
that should mischief arise, should windows be broken,
should attack' be made on persons and property,
I should not be justified if I did not use
what powers the constitution places in my hands to
prevent such mischief. Probably that can be remedied
perhaps it may be dons without any demonstration of
police or military, for I know that such demonstrations
may lead to mischief in the end. Specifically, then, what
paling through Mr. Bealee's mind is this. Mr. Bodes
says :—,a •
Withdraw the police and the military force, and
I will undertake—at least as far as I an—that no disturb-
ance or disorder takes place." Well, if you will assure
your friends that the government will give you every op-
portunity of trying the legal right, and facilitating the
determination of that right, and that they ask
of you in the interim not to insist on that right
until it is determined one way or the other,
that in the meantime you will convey to your friends
that the government wish to meet them in the
fairest and frankest manner as to the opportunities they
may have of discussing public questions, in places which
are recognised as places where the police would not be
ordered to interfere ; if you will only do that I think I
see the solution of the present difficulty. In that case I
will undertake to say that, unless any mischief arise to-
night—unless any disturbance be created—unless pro-
perty be attacked—which it is my dusy to defend, there
will be no demonstration of either military or police.
(Rear.). Of course I would keep a reserve, but I will
make no demonstration of either one or the other ; indeed
the military were not called out until it was thought there
was a necessity for it. I was going to say, I place myself
in your hands, gentlemen, but I leave it to you to put an
end to these proceedings without at all compromising
what must be settled judicially, or penally by the House
of Commons.

sz PAIITZ 11171WABT.•

Mr. BICAL6B thanked the right bon. gentleman for his
kindness and consideration, and said then he under-
stood that if himself and friends prooesded to the park
this evening there would be no interruption on the part
ei the police.
Mr. WALPoLn—Certainly not; there would be no inter-
ruption.
The deputation then retired, cordially thanking Mr.
Walpole for his courtesy and kindness.

In accordance with the above pledge given by Mr. Beales
and the deputation from the council of the League, the
council assembled last evening at seven o'clock in Hyde-
park, and found that Mr. Walpole had kept good faith with
them, for not a polioeman was to be seen in the park or
its neighbourhood save those usually on duty. At the
above hour there were at the lowest computation between
40,000 and 50,000 people in the park, on every available
part of which and on the gates had been posted by order
of the League, the result of the interview held that day
with the Home Secretary, with an announcement that the
Home Secretary, without abandoning the right to pro-
hibit meetings in the park, had consented, pending the
settlement of the question of right, either by parliament
or in a court of law, to allow the League to hold a meeting
in the park next Monday evening. These placards were
read with avidity by the people, and men of all parties
felt relieved from deep anxiety as to what were to be the
events of the night. Consequent on these announcements,
the report of the deputation which bad appeared in the
evening papers, and lastly, the entire absence of any die.
play of military and police force, the greatest order and
good humour prevailed amongst the people, and any ten-
dency on the part of unthinking lads or disorderly
boys to create a disturbance was promptly
checked by the mass of working men present.
The council of the League and the friends accompanying it,
amongst whom were several members of the V. orking
Men's Association, at once spread themselves amongst the
people, detailing the good news, and exhorting to peace
and orderly conduct In the meantime, Mr. Beaks,
Colonel Dickson, Mr. Cunnington, Mr. Holyoake, and Mr.
G. Brooke, mounted one of the park seats and were at
once surrounded with an immense assemblage, and re-
ceived with loud and long-continued cheers. Mr. Beales
then announced the glad tidings of peace, and trusted that
as the Home Secretary had kept faith with the people, the
people would keep faith with him, and leave the park in a
quiet and orderly manner, as they would have done if the
meeting had been allowed on Monday evening. The re-
sponsibility for the peace of the park that evening was on
the League and its council, and he called upon the
=for their support. Colonel Dickson also ad-
the meeting on the brutality of the polite
during Monday and 'Tuesday evenings. Mr. Walpole had
also consented to consider the cases of the people who bad
been apprehended and committed to prison. The meeting
then brake up, Mr. Beales inviting the people to accom-
pany hint out of the park, an invitation which was re-
sponded to by many thousands, who followed Mr. Beaks
down Oxford-street amidst the most tremendous cheering,
both from the crowds in the streets and the people at the
windows of the houses. A large number of people lin-
gered in the park for some time discussing the events of
the last two days, in knots and groups, bet all was quiet
and orderly, and before ten o'clock the park was clear of
people, and the neighbourhood had resumed its ordinary
appearance. Workmen were yesterday employed in repairing
the railings, and the shrubbery was also being put into
order, so that the park may shortly be expected to resume
its former appearance.

MARLBOROUGH-STREET.
Alfred Francis was alined with stone throwing.
The prisoner said he war a professional man, and had
been robbed of his watch by a lot of roughs on Monday
night, besides being ill treated. The constable hod a spite
against him for having bad a dispute with him on Monday
night.
The constable said this was not true. He was not on
duty in the park on Monday night.
Mr. Knox lined the prisoner 403. or one month.
James Penn, for stone throwing, was fined 40a., or one
month. _ _ .

James Bilton was fined 40e., or one month for the same
offence.
Edwin Allgood wee charged with throwing stones.
The prisoner said he was struck by a constables staff
and took up a stone, but did not throw it.
Fined 40s. or one month.
John Hughes, for atone-throwing, fined 400., or one
month. _

George Grant and George French were charged with
throwing atones.
Grant when taken into custody had two pieties of brick
in his pocket.
Fined 405., or we mouth
French. when taken into custody, had a larp atone and
some lead in his pockets.
Mr. Knox rid the Mote was for the *ice, end the

tide inttiligentr.

ZQUIT'Y COURTS.—JuLY 25.
(Before the Lord Chanoellor.)

IN ?RR AGRICULTURAL CATTLZ INRITRARCZ COMPANY.-

This was an application on the part of the official mana-
ger to have the executors of Mr. Stewart placed on the list
of contributories. The oompany was formed in the year
1845, and Mr. Stewart became • shareholder for 20 shares.
In consequence of the company getting into difficulties
an arrangement was made in 1848, at • meeting of share-
holders, milled the "Chippenham Compromise, in which
power was given to the directors to release shareholders from
their liabilities. Mr. Stewart died in 1849, and shortly
afterwards, with a view of relieving the estate from the
liability of the 20 shares, the executors entered into an
agreement with the company that they would pay TR
and resign all claim on the shares, which would thempon
be forfeited ; the money was paid, and the executors dis-
charged all other claims on the estate, and had no longer
in their hands any funds of the testator except a sun of
money to meet an annuity. This transaction took place in
1850, and in 1865 the official manager celled upon the exe-
cutors to show cause why they should not be placed on the
list of contributories in respect of the twenty shares. The
Master of the Rolls declined to enter them in the list, and
the official manager appealed.
Sir H. Cairns and Mr. Rush for the official manager ;
Mr. Baggallay and Mr. Millar for the executors.
The case was argued last week, and judgment was now
delivered.
The Lord Chancellor—The case of Brotherhood had
always been considered • leading one as determin-
ing the position of shareholders under what
was called the Chippenham arrangement. There was this
difference between Brotherhood's ease and the present.
Mr. Brotherhood, on receiving the circular, signed the
form, and attended the meeting at Chippenham, and
strictly complied with all the requisite terms; whereas Mr.
Stewart never himself acceded to the arrangement. His
executors had assigned reasons for his not having done so,
but the fact remained that nothing was done during his
lifetime. in the opinion of the court it was quite imma-
terial whet were the circumstances which prevented Mr.

Stewart seceding to the arrangement ; he hid not brought
himself within its terms, and the directors of the company
had no power to allow him to come in at • later period.
The court was therefore compelled to differ with the
opinion of the Master of the Rolla. It reversed the order,
and directed Mr. Stewart's trustees and executors to be
added to the list of contributories.

COURT OF PROBATE AND DIVORCE.
JOLT 25.
(Before the Judge Ordinary.)

BOARDMAN V. BOARDMAN AND TAB QUM'S !ROOMS
(INIRRVENING)--PART 111./ED.
_ _ _

In this wee the Solicieor-General summed up on behalf
of the Queen's Proctor, end contended, upon a review of
all the circumstances—the nature and clandestinity of the

..aty oa
petitioner's intimacy with Mrs. Bowdield—that the jury
could have no doubt that the ceanection between them
bad passed the bounds of an innocent friendship.
Mr. Coleridge replied on behalf of Mrs. Boardman
urging that her pleas, both of adultery and cruelty, h.l
been indisputably established. He etrontrotested
against a shameless person like the respondent • allowed
to avail himself of the public purse in order tow ject his
injured wife to every possible annoyance in the prosecution
of the redress the law had given her. In this case the
jury had had the unusual advantage of hearing the evi-
dence of all the parties. Of Mrs. Boardman's demeanour
he need not say a word, but he confidently trusted that
they would not think her the profligate and abandoned
woman the Queen's Proctor represented her to be.
Mr. Bouafield had undoubtedly been guilty of foolish and
even wrong things, and no doubt he had shown himself
uncomfortable enough under the crosnexamination of the
Solicitor-General. But after all there had been no sub-
stantial breaking down in his story—no improbability in
his version of what bud occurred. His intimacy with the
petitioner bad subsisted throughout with the fullest know-
ledge and sanction of her husband ; and her husband was,
moreover, so disagreeable to her friends that she was
virtually cot off from all association with them.
The learned counsel having criticised the evidence with great
severity concluded along and very able address with a
confident hope that the Jury would not, on the testimony
before them, consign his client to a fate hardly less terrible
than a living death.
The Judge Ordinary said they must all rejoin that the
form of the pleadings had enabled there to have before
them the petitioner, the respondent, sad the person with
whom the petitioner was charged with committing adul-
tery ; and as a distinguished member of the legislature
was present, he must take the liberty of 'eying that the
ease had been a very instructive one. He did not mean to
affirm that the denial of the parties inculpated was a fact
of very great value in the suit ; but it was important
that they should be allowed to explain matters which
might otherwise subject them to unfair suspicion. As
to the intervention of the Queen's Proctor, he must say
that whatever the result of the trial, that gentleman
would have been guilty of a breach of duty if, under the
circumstances, he had not interfered. Nothing, certainly,
could be better than the petitioner's demeanour ; but he
felt bound to my that juries were sometimes a good deal
deluded by the appearance both of women and of children
in the box. (Laughter.) The learned judge then pro-
°ceded to discuss the evidence, observing that though it
would be a great evil if husbands often threw upon the
public purse the burden of resisting an adulterous wife's
suit, it would be a still greater evil if the court were made
a mere tool for dissolving marriages where the petitioner
had no claim to the remedy which it was intended to grant.
The jury found for the petitioner on all the issues.

COURT OF BANKRUPTCY.—JULY 25.
(Before M. Commiarioner Holroyd.)
IN RR RUDOLPH JUNO.

The bankrupt was a merchant, trading as Jung and Co.,
in New Broad-street, and residing at Haverstock-hill. The
aggregate liabilities are 44,2651.: assets, about 1,1001. ;
property held as security, 31,992/.
This was an adjourned sitting for examination and dia-
-1 M. R. Reed, for the assignees, opposed ; Mr. Lawranee
"Prrted.
principal charge against the bankrupt was that be
had given a false representation as to his position in May,
1865, and thereby obtained credit from Mr. Nicholson, one
of the assignees, for 3,0001. It now turned out that he was
insolvent in 1863. He had produced • balance-sheet to
Mr. Nieholson, in May 1865, showing a surplus of
65,000/. • and he bad produced the same statement to a
gentleman with whom he was in negotiation for a partner.
ship. The bankrupt admitted having produced a state-
ment showing a surplus of 10,0001. ' • but within six
months he was bankrupt, and the alleged surplus was con-
verted into a deficiency of 12,0001.
Mr. Nicholson, of the firm of Peet and Co., of Derby,
and Mr. Hooley, book-keeper to Meson. Wood, of Great
Winchester•strest, were examined, and distinctly swore
that the bankrupt produced to them, on more than one
occasion a debtor and creditor statement, certified by Mr.
Maynard, the accountant, which showed a dear surplus
in his favour of 65,0001.
The bankrupt, on the other band, deposed that the
statement referred to was merely one of purchases and
sales, and showed that he had guods in stock, at home
and on the continent, of the value of 76,0001. This evi-
dence was supported by the production of a statement of
that kind prepared by Mr. /Maynard, who also certified
that he had not prepared any other statement of the kind.
After hearing Mr. Lawrence for the bankrupt, who re-
lied on the accuracy of the accounts now furnished, as pre-
pared by Mr. Baines, and certified by Mr. White, the offi-
cial manager of the estate appointed by the assignees,
His Honour and that the question of the bankrupt
rafting his examination depended on the accuracy of the
accounts now rendered ; and as they appeared to be sup-
ported by the books, he would pass the examination.
Should the assignees think that the fat* of his formerly
having rendered a very different account was so material
as to form ground for an indictment for perjury, they
would not be precluded from doing so, and the bankrupt
would stand in greater jeopardy from having passed his
examination. The consideration of the order of discharge
would be adjourned until November.