The Express.
London, England, 1858-12-20 00:00:00

THE EXPRESS, MONDAY EVENING, DECEMBER

formed without some inquiry—is, that he bad no such
right ; that in maiming to act as he did he was
transgreesing the constitutional line which separates
the functions of the Judge from those of the Jury,
and constituting himself, what the Constitution
never contemplated, and does not allow of his being
--a judge of the fact as well as a judge of the law.
It is of the last importance that this line of demarca-
tion should be rigidly observed. I. civil cues the
necessity of keeping up the distinction may be lass
strikingly apparent ; but test it is criminal cases, or
in political cases, and see what will be the result of
overstepping this ancient landmark. Take the eus
of the lonian despatelies the other day : suppose
the presiding Judge had declined to receive the ver-
dict of acquittal in that ease, from the impression
that it was not borne out by the evidence, and had
locked up the jury without food or fire in order to
procure from them a verdict more agreeable to his
own notions of the probabilities of the case. Would
such a thing have been tolerated fora single moment ?
And yet no l*wyer will be found to contend that in
this respect there is any difference between civil
cases and criminal. In one point of view there is
even lees reason in civil cues than in crimi-
nal why a judge should be entrusted with
the power of rejecting the verdict of a jury.
In civil eases a wrong verdict can be set right by
the court above—in criminal cases it cannot. Several

ewe are reported in the books in which application
has been made to the Court in Banc to set aside a
verdict on the ground that the damages have been
too small. If such applications have rarely suc-
ceeded it has arisen from a laudable reluctance in

our superior oourta of common law to invade the
peculiar province of the jury, that of assessing
damages on their own view of the facts. Still in
very strong cases, especially if the Judge before whom
the cue was tried expressed himself dissatisfied with
the verdict, there can be no doubt that the application
would be greeted- Indeed Lord CAMPBELL, it will be
observed, in stating to the Jury his reasons for not
receiving their verdict, says expressly, " It cannot
" stand ; the Court of Queen's Bench will set it
aside." This mayor may not be so, but it does
not justify Lord CAMPBELL in refusing to receive the
verdict. It may have afforded good ground for en
application to the fall Court for a new trial : it was
no ground at all for a rejection of the verdict
by a single Judge sitting at Nisi Prima In
the good old times of Bcaoooe and JUPRETS—
those times which JOHN Lard CemParit. holds, as
he is bound to do, in constitutional abhorrence—juries
might be, and as every schoolboy knows often were,
flied for giving what the Judges were pleased to
term false verdicts. A alight, and as it is generally
considered a salsterf, alteration in the law, has been
made altos those times; and as it now stand., and
has stood sines the Revolution, "No Court or Judge
4 can in any way fine or imprison, or otherwise
" pinkish ajury far their verdict, however erroneous."
Such lathe law. Has Joan Lord CAMPBELL ob-
served*, transgressed it P A verdict has been given :
that verdict he rejects as erroneous, and to induos the
Jury to give another he locks them up all night
without food or fire. It is not for us to anticipate
the advice which the legal advisers of these gentle-
man my give them, but according to our present
isspeemiomlonN Lord CAMPBELL would be in a very
implememt predicament if called upon at the suit of
one of these coerced jurors to answer in damages for
EII action of false imprisonment. Should such a ease
ever come into court, we her the damages winskl
Considerably e=ased—one farthing.

MESSRS. OVEREND, GURNEY, AND CO.

CO eoun.

08BORNI, Duc. 18.

The Prince of Wales, attended by Colonel the
Hon. Robert Braes end Major Teesdale, arrived at Cabana
yesterday 'Remora, from the Continent.
SVNIIAT, Dec. 19.

Rif lisjeatis dinner party yeserirday included the Prince
et elee and Princess Alias. Colons& the Hon. Robert
Brno% Hajar Teasels* and Admiral Sir Thomas and Lady
Cochrane.

The Qeseit and Prime Casson, the Prises at Wiles
Peeress Alice, and FAA's's. Babes, Mewled divine service
et Whippisattsat Church this menting. where the Ray. 0
Prettier° (Acute&

RIPItEsS FROM PARIS.

(71011 001 OWN 0011113WOONDZSITA
817NDAY BVIMINO.
There is a settled impreasion in Paris, which it
seems impossible to eradicate, that war in Italy is a
probable event for next spring. The Constitsdioanol
first tried its hand to dispel the rumours, and was
eminently unsuooessfuL Then the Monsieur issued
a feeble paragraph, which was universally accepted
as a sop to M. Hubner, signifying nothing. More
recently a diplomatic correspondent—whoin the time
of the Crimean war was celebrated for letters of
formidable length dated from Vienna—proved, in
three long epistles addressed to the Nord, that war
is impossible. But in spite of all this the question
is continually recurring in the French journals.
This very day one of the morning papers says there

"is nothing in it ;" another affirms that " there is
something;" while a third says, "it is the great
question of the moment." This evening's Praise
says:

An Italian journal state' that the troops in Milan ban
remitted orders that in cam within &mesa to the street
should hear a eagle mime fired they aro at once to return
to their berracke. But If they hear three shots they are to
go to the nearest barracks, whichever they may be. This
order, if authentic, does honour to the foresight of the
Austrian oaken. We ass that they are not deceived as to
the feellup of the people in regard to them. How sea
Auk& be content to govern a people by whom she is is
eerdlaßy and publicly detested

The Univers, which as the Dares satirically re-
marks (to-day) is the only journal in France now at
liberty to speak of the afft;r of Mortara, says:

It in impassible to predict what may hippos to-morrow.
Great outcries are made egainet those w►o look upon war as
probable, bet the partisans of pesos are the Bret to doubt
whether it la possible to maintain it. Nothing has occurred,
it is trio, to cause uneasiness. Bet there is a general
ensemble at impressions, agitations, fears, and hope. which
lams seam and powers in a state of mutual diairste, and
wants thaw that they owlet always remain in this expectant
attitude.

The Nord of Brussels tells the following extraor-
dinary but probably true story :

A very grave event hat just acoirred in one of the prin-
cipal cantonal towns of the department of the Seine and
OW. The mayor, an old dhow of the first empire, basing
met with • smart opposition to same of hie proposals in the
municipal council, had three members of that body arrested
by the gendarmerie, thrown upon a cart, and taken to
prism at Pontotse. One of die councillors arrested I•
seciretery to tko Historical Soddy of Primo', and librarian
to the Jardin des Plante*. You will readily Imagine
whet • oommotlon has been occasioned in the

mat= by this summary and rather too military
pomading. The government and jostles are inquiring
tato tha affair, which to all probability will molt to the
mayor being dismissed from his office.

None of the Paris papers of this evening make
any allusion to this narration of a startling event
alleged to have taken place almost at the very gates
of Paris. Bat their silence, so far from throwing
any doubt upon the authenticity of the narration, is
to my mind a pregnant confirmation of iti truth.
Had it been a canard, they would have had instruc-
tions to deny it ; but being true, the instinct of
self-preservation teaches them not to speak of it
without orders.

M. Gondon, formerly a writer in the Univers, but
who seceded from the staff of that journal about two
pars since, lately attempted to found a new religious
journal widen the title of the Universe!. The
government has, however, refund the authorisation,
in consequence of a suspicion that M. de Moots-
! lembert might possibly write in IL
The Amt de la Religion contradicts a statement
made a few days since by the Petrie that the
Emperor and the imperial family were no longer to
be (as the sovereigns of France have always been)
parishioners of the church of St. Germain L'Aux-
errois ; and that M. Dever., cute of that old church,
was to be superseded by M. Cuttoli, a priest, who
would have the title of Curet des rogueries et de
gouges les residences imperials.. The only founda-
tion for this report, says the Assi, is that M. Canon
is appointed master of the ceremonies of the Grand-
Aumonerie in the place of M. Devise.

PARIS, StatinDAT !VINING.
The Mositeur announces that on the morning of
New Year's-day the Emperor will receive the
diplomatic corps and the constituted bodies. On
the god the Emperor and Empress will receive, at
half-past nine in the eveoiug, the ladies of the
diplomatic corps, and such ladies as have been
already presented to their Majesties. The ladies
may be accompanied by their husbands. Gentlemen
most be in full uniform or court costume, and the
ladies in court costume.

The Boniest has been dull, with scarcely any busi-
ness doing. The Bente fell 100. for cash and 16c.
for amount, closing at 73f. 10c. and 73f. 20c. Mobilier
fell 16f. Bank of France experienced the further
fall of 20f. All the railways were from 2f. 60c. to 61.
lower. The question of the new Imperial Bank was
again brought before the Council of State to-day. It
is announced that on a former occasion the principle
of the scheme was only sanctioned by the casting
vote of the chairman. M. Vaitry, M. Dubois, end
other leading members of the C:ouncil vehemently
opposed it, as being neither useful nor opportune.
The statutes have now to be considered, and the
opposition will be renewed, but with whet soccer
will depend upon • higher will than any in the
Council of State. I understand that the subject was
discussed at a council of ministers, at which the
Emperor presided, to-day.
There is • good caricature in the CAarioari to-
day. Britannia, with helmet on head and trident in
hand, and France, represented by a soldier of the
line, are straining every nerve to set upright a pon-
derous door which has, fallen down, and upon which
is inscribed the words, " Sublime Porte." The Sul-
tan, sitting on the ground in an attitude of helpless
imbecility, with hie hands clasped over his knees, is
looking at them. The French soldier says to him,
Dites done tami—il now tremble qua VOW pourritz
hien wow aider un petit /Mlle
A journal mentions se a grimed for hoping that
M. Bigamies lose of memory may not be definitive,
that fifteen years ago M. Villemean, when minister
of public instruction, was afflicted with a similar
visitation, and that he was on that occasion super-
seded in his office by M. de Salvandy. M. de Salvandy
is now dead, and M. Villemain, the spirituel perpe-
tual secretary of the French Academy, is in the full
enjoyment of his mental and bodily faculties.
A monster concert on a scale of monstrosity never'
before heard of is projected for April next. 206
choral societies, numbering among them 7,000 per-
farmers, are to be congregated within the walls of,
the Crystal Palace in the Champs Elyse's. M. De-1
laporte, the president of the Choral Society of Paris,
and M. Vaatin, a rSclaeteur of the Orplison and of
the Pays, are the leaders of the enterprise, which is
said to be patronised by Meyerbeer.

1868.

INDIA.

--0---
(711011 017111 OWN 001

BOMBAY, Nov. 25.

Public attention in India is divided between Otide
and Malwa. In the one the subjugation of the
country is rapidly progressing, and in the other per-
fect tranquillity has been almost entirely restored.
It is true that Tenths Topee is still at large, bat his
depredations are confined within narrow limits—he
is surrounded by our columns and his capture is
hourly expected. When the last mail left he was at
Bagroda, having crossed the Nerbudda, and avoided
I Parke's brigade, stationed at BaitooL He did not,
however, prolong his stay at this place; the rapid
advance of the various columns rendering a move
imperative. His knowledge of the country enabled
him to make use of the Patehmarree Passes
—narrow defiles through which horsemen can
only pass in single file. Having reached the
open country, he marched upon Burdwarra, where
he recruited his men and increased his military
stores. After a short halt he marched southwards,
in the direction of Nagpore ; but the menace seems
only to have been a few, as he is now located with
his followers amongst the fastnesses of Asseerghnr.
His vicinity to candeish is extremely unsatisfactory,
as it is one of the richest provinces on this side of
India. Besides, the knowledge that he is so near
will intimidate the people, destroy confidence, and
have a serious effect upon trade and the culture of
the soil. A junction with the Bhssl is alto to be
apprehended ; but u the passes are all guarded, and
overwhelming forces completely surrounding him,
his immediate capture is confidently anticipated.
Michel, Parke, Beatson, Kerr, and Tapp are close
upon him, and it is said that his force is completely
disorganised. It cannot, however, be denied that he
is a leader of no mean ability, and anything short of
his death or capture will render all the battles,
marches, and countermarches of the last four

months perfectly valueless.
Tantia Topes is a Makratta, and a moldier by pro.
fession. He is of mean origin, of no education, and
destitute of talent—unless the Fulda:ye characteris-

tics which he has displayed of late can be regarded
as such. He can neither read nor write, but he pos-
sesses courage, and his followers have confidence in
him. Containing in himself all the energy and per-
severance of a robust and vigorous frame, he infuses
seal and strength into others more by his physical
than moral example. He is perfectly acquainted
with our system of warfare,and prefers tatigiung us by
long and rapid marches to encountering us in battle,
He knows that his men and his matchlocks are
incapable of standing before our soldiers and their
Enfield rifles; and he consequently trusts the de-
struction of our troops to exposure to the sun by day,
and the noxious exhalations of the jungle by night.
Our generals, however, are now too careful, and our
force too numerous to render this system of warfare
successful for any length of time; so that his death
or capture may now be regarded as inevitable.
Tantia Topes is in the vigour of manhood, being
about 40 years of age. He is rather above the mid-
dle height, and is in person vigorous and robust.
His countenance is good, and his bearing bold and
martial. His eyes are piercing, fierce, and restless;
the eyebrows black and oval-shaped; the forehead
high and expansive; the nose aquiline ; the mouth
small, and the lips compressed, covering while
in repose the teeth, which are, as is usual
amongst natives, of ivory whiteness. His whiskery
are black, and his complexion olive. He dresses
very plainly, seeking comfort rather than ostentation,
and wears generally the loose white robes of the
Hindoo, with • Cashmire shawl thrown over his
shoulders. His usual guard is composed of twenty
or thirty men; but he dispenses with this pomp on
the field of battle. He is frequently seen on horse-
back, and only resorts to a palanquin when wounded
or over-fatigued. He styles himself the Viceroy ot the
Peishwa Nana Sahib, and indulges in dreams which
he will never see realised. His followers are losing
heart, and desertions are numerous. His old ally,
the Nawab of Banda, has surrendered himself rn
terms with the Queen's proclamation ; and
many are of opinion that 'Untie will ulti-
mately do the same. At all events, his posi-
tion now seems utterly hopeless; it is im-
possible that he can escape our troops with any body
of men, although it is just probable that individually
he might manage to elude pursuit, and gain a tem-
porary shelter amongst the Bheele and other wild
tribes of Candeish.

Brigadier Smith's column, which has already seen
so much service, defeated and dispersed about six
thousand rebels under Mahn Sing on the 14th of
November, at Rajpoor, in Malwa. The brigade
arrived on the ground at day-break, with cavalry on
either flank, and the infantry supporting the guns.
The rebels occupied a position on the bank of a nul-
lah, upon which the artillery opened a fire with grape
and shrapnell. The practice wee beautiful, and the
effect all that could be desired. The enemy suffered
dreadfully ; and although they were protected by •
thick jungle in their front, their ranks were rapidly
thrown into confusion. For a time they exhibited
a bold face, but they were eventually driven from
the field. The cavalry pursued for about eight
miles, and six hundred of the rebels were killed on
the field and in the pursuit. Not a man fell on our
side, although it is to be regretted that Captain
Harris, of the 3rd Troop Horse Artillery, was
severely wounded. This blow will prove most
effective, especially when the straits of Tantia Topes
and the surrender of the Nawab of Banda are taken
into consideration.

TEE NEWCASTLE AND DURHAM
DISTRICT BAN%

A meeting of the Sunderland creditors of the Man-
made and Durham District Bank wee held in Friday, le
consider the comes taken by the liquidators. Mr. A.
Men It•NeOl• WU Celled to the chair, end there was
numerous attendance.
The Csainnsit, in siding the object of the meeting, mid
the liquidators of the teak had sent in a claim for their
services, and the VireChanoellor had directed a circular to
be sent to all creditors of 3,0001., aiding their opiniee.
Fortunately for the committee of creditors In Stuaderlard, not
one of them were creditors to that amottat, and •Onettpitatiy
had not received dronlars, but they had observed the pan.
lished statements of the liquidators with great alarm. Tbe
committee were aware that the decision of the Vice-Cho-
oellor would not be given until the 13th of January, big
they thought It right and proper to lay their views before the
ViorChancellor, and he wrote to Mr. Pugh, the clerk to Ike
VicrChancellor, stating the objection of the Sundethre
committee of creditors to allowing anything approaching the
enormous sum claimed by Messrs. pallet, Bainbridge, aeg
Fens, and their estonlahmeat and indignation at the mount
proposed by Mr. Coleman for his services. A reply bed bow
received, stating that the views so expressed would be laki
before his Honour. It wee desirable, in addition to the
course thus adopted, to obtain the opinion of the whole of
the Sunderland creditors, and hence that meeting had bra
celled. The chairman then proceeded to explain whet the
Jaime he referred to were. Mr. Coleman had requested Ma
he should be paid at the rate of 2 per cent. In the report
which he presented, on the 13th of April last, he estimated
the meets which would have to be produced at 2,266,0001. It
the expenses of the liquidation and interest of the depshe
were added, it would amount to 2; millions, end upon that ift,
Coleman irked 2 per cent., or 60,0001. for thus yam The
other three liquidator' claimed 1.6001. a rein aide, say
altogether • sum of 63,6001. divided amass her ef ties
Now, whatever sum was obtained by thus gendenntag
um the s asked was no doubt enormous), they mast r
every farthing of it came out of the pockets ef illy
creditors. He apprehended they would all wa wa
that they had suffered enough already, eel h
mocked with three years' further efheie sss m
doubt monstrous. It wee altogether raposimeak
they must go before every court an owns as, h
ooncluaion, the chairman submitted retinal zumbibes b
the meeting to the effect that the claims above bawd b
should be strongly resisted; that one-half per sift ongy
first 16e. in the pound paid to the creditors, mod boobtur.
ten per cent. on the other de. and intern; vlblibboad
numbers would produce a mum of 14,6211. 10e. he Shin
amongst the liquidators, in a large and liberal eassease be
their mynas, being at the rate of 4,8401. 10a. pee mem is
division amongst them, considering that, se tows its
contributories and meditors, the affairs of the benk dense
be wound up in three years, end that the creditorerli=
cause to complain of the manner in which the
have up to the present time conducted the affairs of Gs
bank, and at the small amount already paid to the credit=
after a lapse of nearly twelve months, aid without any ow
Minty when another dividend will be ord. it orstchnicet,
the chairman expressed his belief that a per esetep would be
the best possible form of payment, •• it would be ea Ladner
meet to the liquidators to obtain the largest amount for the
creditor. and to wind up the affairs em soon as parable.
Altair mom Memnon, the whole of the resolutaMs were
passed. A considerable warmth of feeling mu manifested
daring the proceedings.