The Express.
London, England, 1867-02-07 00:00:00

THE EXPRESS, THURSDAY EVENING, FEBRUARY 7, 1867.

barrassments of Lord Ruarixtx and his unscrupu-
lous bidding for power. Reform is a party ques-
tion because it is a national question. The neees-
sity for it is real, and not factitious. If the
Government truly desires to solve the problem,
these things must be borne in mind. Lord
DERBY'S speech on Tuesday evening, both in its
terms, and as interpreted by current rumours and
events, suggests the misgiving that the Govern-
ment indulges the delusion that the question can
be settled by merely Parliamentary arrangements
and combinations. Lord GROSVENOR, who seems
to have persuaded himself, or to have been per-
suaded by cleverer men who practise upon his
amiable self-complacency, that he is actually a
political leader, is discharging ono function of
leadership—that of giving dinner parties. The
widowed organs of the late Lord PAtmeitsrox
talk of the gentlemen who usually voted
with Lord GROSVENOR last Session, as if he
were the head of a party. Those who
value the aristocratic clement in our con-
stitution should be careful how they reduce it
to an absurdity by incompetent and ridiculous
'eadership. Still, the contingent from Lord
aosv v.:ores dinner-table may possibly give Mr.
DISHAEL/ a bare majority upon Reform in the
House of Commons. The object of legisla-
i
tem, however, even from a party point of
view, is not to get a Bill through Parlia-
ment, but to satisfy the nation, and to allay
the existing agitation. From a national point
of view it is to make the House of Com-
mons truly representative of the people. A
measure framed as the basis of a Conservative
' and Adullanuite coalition cannot be expected to
accomplish either of these ends, and will
leave the controversy still raging.

OUR CONTEMPORARIES.
(THIS DAY.)

Cute eattrt.

WINDSOR CASTLX, FE& 6.

The Queen, accompanied by Princess Louise-
Prince Arthur, and Princess Beatrice, and suite in attend,
since, swayed at Windsor Castle yesterday at half-past fire
o'clock from Buckingham Palace.
The Queen, with their Royal Highnesses, left the
Castle this morning at half-put ten o'clock for Os-
borne, attended by Lady Waterperk, the Hon. Emily
Cathcart, Lieutenant-General Hon. C. Grey, Major-Gene-
ral Sir T. IL Biddulpb, Lord Charles Fitzroy, Lieutenant-
' Colonel Hon. D. de Kos, and Major Elphinstone.

The Prince of Wales rode out on horseback yesterday,
attended by Major Teesdale.
The Princess of Wales, attended by the Marchioness of
Carmarthen, took a carriage drive.
Their royal highnesses, :accompanied by the Duke of
Edinburgh, went to the Adelphi Theatre in the evening.

A Cabinet Council was held yesterday at the
official residence of the First Lord of the Trea-
sury, in Downing-street. The ministers pre-
sent were the Earl of Derby, the Lord Chan-
cellor, the Duke of Buckingham, the Earl of
Malmesbury, the Right Hon. Spencer H. Wal-
pole, Lord Stanley, the Earl of Carnarvon, Gene-
ral Peel, Viscount Cranborne, the Chancellor of
the Exchequer, Sir John Pakington, Sir S. North-
cote, Lord John Manners, the Right Hon. Ga-
thorne Hardy, and Lord Naas.

A committee of the Lords of her Majesty's Most Honour-
able Privy Council sat on Tuesday at Whitehall, on the
subject of the cattle plague. The lord:, present were the
Lord President and the Right Hon. Stephen Cave. Mr.
Harrison and Dr. Alexander Williams attended the com-
mittee.

A committee of the Lords of her Majesty's Most Honour-
able Privy Council sat on Tuesday at Whitehall on matters
relating to quarantine.
The Judicial Committee of the Privy Council sat yester-
day. The lords present were Lord Westbury, Sir W.
Erle, Sir K V. Williams, Sir X. Kinder'ley, Sir J. Col-
vile, and Sir Laurence Peel.
Despatches were received yesterday at the Colonial-office
from the Governor of British Columbia.

LATEST INTELLIGENCE.

(RZUTZICS TELEGRAMS.)

HUNGARY.

PESTH, Fn. 7.

Herr Deak will shortly proceed to Vienna, the
Austrian government having expressed a wish that
he should make a visit to the capital.
The Emperor and the Empress are expected here
in the middle of the present month.

V. Minima
D. T.l if i W.' Xll to
D. 9.

Nairn_ 29.07 32 W. 1 2 W. co 0.16.
Aberdeen. 23.01 34 W.N.W. 3 4 W.N.W. 0.01,
Leith - -
. Ardroama. ,a/.28 42 N.N.W. 6 7. N.W. w 0.07
Greencastle_ 34.4.5 36 W.N.W. 3 7 N.H. he 0.48
2.J 83 40 N.W. 5 11 K.W. he 0.36
Cape Clear.- 29.78 40 N.W. 5 9 N.W. 0.10
Liverpool-. 29.43 N.W. 6 4 • W. re 0.16'
Holyhead 29.4741 W.N.W. 810 W. I c 0.47,
Pension 29.82 43. N.N.W. 7 9 W.N.W. he 0.14
Breit - 29.81 4.3 N.W. . 8 7 . W.N.W. tfc 0.12
Lorioat 29.80 41 W. 6 9 W. c 0.24
Itaahidart 29.92 46: N.W. U 8 W. ro 0.24
Plymouth 29.7342 W.N.W. 7 10 W.B.W. hch 0.27
Weymouth 29.6641 W.N.W. 8 10 W.N.W. hch 006
Portsmouth_ 29.67 39 N.N.W. 610 W. ,re 0.10
London 29.46 38 W.N. W. 6 10 W. clb 0.03
Yarmouth 39.32 29 N.W. 4 9 N.W. en -
114srberome 211.22 37 W.N.W.. 3 6 W.N.W. cb 0.09
819416 a -
Bridar - -

ILEMARKS.

Barometers have risen considerably, hut are attU very low In
the north. Temperatures have declined. The winds this morn-
ing are chiefly north-westerly, light on our northern coasts, aml
Mtrong with much sea on our western and southern coasts. Snow
has fallen In Scotland and hail in several places in England and
Ireland. Lightning was seen In Loudon last night.

The Empress Eugenie received on Sunday the
committee of "The National Society for Encouraging
Virtue," who came to offer to her Majesty the gold medal
of honour accorded for her conduct in visiting the cholera
patients of Paris and Amiens.

A children's fancy ball, at which the Prince
Imperial will bC present, is announced for Shrove Tuesday,
March 4, at General and Madame Fleury's, in the apart.
ments of the Grand Equerry at the Louvre, Paris.

General Grant and family will visit Europe
during the spring, and will sail from America in time to
be present at the Paris Exhibition, provided his official
duties permit him to spare the time necessary for the
journey.

The income of the French Jockey Club, which
in 1857 amounted to 362,2.-ar., had increased in 1806 to
932,59:Er., including subventions from the Emperor's
private purse, the government, city of Paris, the railway
companies, subscriptions of the members, etc. In addi-
tion to the above, the receipts for admission to the race.
courses of Paris and Chantilly during the year produced
474,226 fr.

A Paris letter, in the Notre Mate de Rouen, states
that a meeting of deputies of the Opposition took place
two days ago at M. Marie's. It was there agreed to bring
forward three demands of interpeUation at the very be-
ginning of the session : the first on the affairs of Germany,
the second on those of Mexico, and the third on home
matters. M. Thiera is to speak on Germany and M. Jules
Fevre on Mexico.

"We announced some time back," says the
Opinion Nationale, "that the Administration of the
Louvre was taking steps to obtain the frescoes which used
to decorate the Litter Palace at Milan. The result has
been successful, and these works are now the property of
the Louvre, purchased at the price of 102,000 fr. They are
six in number, and represent :-1, A Christ with the right
hand raised in the act of conferring a blessing ; 2, A man
of sorrows between St. Francis and St. Jerome, both on
their knees ; 3, An Annunciation ; 4, The Virgin adoring
the infant Jesus ; 5, An adoration of the Magi ; and 0,
Phocion refusing the presents of Alexander."
We read in the Corrapondencia of Madrid :
" A company which proposes to establish a sale of Valencia
orgeat in the Champ de Mara of Paris during the Exhibi-
tion has already, it is said, been looking out for ten or a
dozen smart and pretty-faced girls, v‘ho, attired in the
picturesque costume of the ancient inhabitants of the
province, will undertake not only to sell the article in
question, but to turn the heads of more than one impres-
sionable Parisian or phlegmatic Englishman."
_ _ _ _ _

The Italian government has definitively refused
to take off the sequestration from the private property of
the ex-King of Naples.
The Malta Times of the 31st ult. says:—" We
have good grounds for stating that its the intention of
the home government to expand a very large sum of money
on increasing the armament of this fortress. The amount
determined on will probably exceed half a million ster-
ling." . . . .

The Bombay papers state that the Peninsular
and Oriental Company have it under consideration to
issue return tickets to Europe and book during the ensuing
summer, for the purpose of enabling those desirous of
visiting the Paris Exhibition to do so under more advan.
tageous circumstances than they can do under existing
arrangements.

THE PRISONERS IN ABYSSINIA. —By the mail
steamer which arrived at Bombay on the 10th we learn
that the political resident returned to Aden from leave
of absence to England on the 13th December on board
the Victoria, having touched at Mamowah on his
way from Sues. He brought with him the en-
gineers and artificers selected from the dockyard
and arsenal at Woolwich, together with large quantities of
engineering tools and implements of all kinds for the Em-
peror Theodorus. Mr. Flad was still At Mailmen& on Dec.
9, waiting anxiously for a reply from Theodorus to the
letter he bad addressed to hie Majesty, informing him
of his arrival, and asking for an escort to convey
him to bLigdale. No answer bad up till that date
been received by Mr. Fled, though the letter to the King
had been despatched eight weeks previous. Accounts
from the mission down to the end of October—which is the
latest news we have of them—state that Mr. Raasam,
Dr. Blanc, Lieutenant Prideaux, and the rest of the cap.
tires were in good health, though they were still confined
in the strong fort of Magda*, under guards and in chains.
They were, however, kindly treated by the authorities of
the place. Five of the original captives have been re-
I leased from their fetters, as they had consented to take
service under the king ; they were two Getman' and three
Frenchmen. Colonel Merewether again proceeded to
Massowah on the 2t4th December, taking with him the
artificers, engineers, and presents of all kinds intended for
Theodorus. It is hoped that when he returns, about the
17th January, more decided news of a cheering nature may
have been received at Massowah.—Bomba Times, Jan. 13,
CATASTROPHE ON THE RIVER 1100CHLY. A
lamentable accident happened on the evening of New
Year's-day, through the loss of a river steamer on the
Hooghly, and, as far as is yet known, about 23 passengers.
The " Howrah Fancy Fair," held annually on
New Year's-day, was this year held in the
Botanical Gardens, which are situated on the oppo-
site of the Hooghly from Calcutta. As is usual, crowds
of pleasure-seekers hail resorted thither, and the crush
on board the steamers was tremendous, especially towards
the evening, on their return trips. One of these steamers,
the Calcutta, had started on her last return voyage, with
some tOO or 600 persons on board, and was proceeding
up the river to the landing-place, being, as is said,
some 300 or 400 yards out of her course. The Gonne-
quence was th►t she came into collision with a buoy
placed to mark the spot where the S►tellite foundered
in the cyclone of 11164, and running on the wreck of that
iron vessel, immediately began to fill and sink. The
steamer was instantly surrounded by native boats and
the boats of neighbouring vessels. Indies threw them-
selves into the water to reach the boats, and gentlemen
tore up chairs, benches, &c., by which to float ashore.
It is stated that a river steamer, which was two or
three hundred yards distant when the accident occurred
went to the rescue, and that the rash to get on board of
it was so tremendous that many jumped through her
awning and the captain was obliged to sheer off a little.

LAW INTELLIGENCE.
(THIS DAY.)

JUDICIAL COMMITTEE OF THE PRIVY

COUNCIL.

(Before the Archbishop of York, Sir W. Erie, Sir H. Cairns,
Sir it. Kinderaley, Sir E. V. Williams, mid Sir J. Col•
vile.)
THE OFFICE OF JUDGE PROMOTED BY THE BIsHOP or

NORWICH C. BERNEY (CLERK).
This was an appeal on behalf of the Rev. Thomas Barney,
rector of the pariah of Braoon Ash, in the diocese of Norwich,
against a decision of the Court of Arches, delivered in the
month of May last, declaringthat the defend•nt beingacler.
gyman in holy orders had been guiltyof badand incontinent
conduct and conversation, and of exciting and soliciting Mrs.
Cumming and her sister, Miss Elizabeth Durrant, to
commit fornication and adultery with him, and adjudging
him therefore to be suspended ab officio et beneticio for
two years, and to pay the costa of the suit.
It may be remembered that the case came on for argu-
ment during the last sittings of the court ; but after it
had been partly heard, it was discovered that the whole
proceedings were null and void in consequence of no
bishops being present at the hearing in conformity with
the provision of sec, In of the Church Discipline Act (1
and 2 Vic., cap. 108). However, that difficulty was ob-
viated on the present occasion by the presence of the
Archbishop of York being secured.
Fur the elucidation of the case it is well to state that
though the appellant is rector of Brazen Ash, he did not
reside in the rectory-house, but at Broon Ash-hall, an
adjoining residence, the rectory being occupied by the Rev.
Mr. Clmping, rector of the parish of East Carleton, and
husband of one of the:ladies who were the object of the
appellant's solicitations.
Sir It. Phillhnore (Queen's Advocate) and Dr. Twist,
appeared on behalf of the appellant ; Dr. Deane and Dr.
Tristram in support of the decree of the Court of Arches.
The articles set out that Mrs. Cumming, the wife of the
rector of East Carleton, had resided together with her hug-
land for about four years immediately preceding the month
of May, 1864, in the rectory-house or parsonage of Bracco
Ash, and that on the 10th of that month the defendant
called at the rectory and took luncheon there. That
after luncheon the Rev. Mr. Cumming and his
sister-in-law, Miss Durrant—she being on a visit
in the house at the time—went out riding,
and left the defendant and the wife of the said clergyman
in the drawing-room of the rectory. Then the article
went on to declare that on this occasion the defendant
took hold of the lady's hands, and invited her to come on
to the sofa with him ; for that "the blinds were down,
and that her husband need never know anything about it."
She, however, refused to yield to his solicitations, übpraid-
ing him, as • clergyman, for his conduct, and then left the
room. Some time afterwards she returned, and told the
defendant that if he repeated his conduct she should
inform her husband, when he said, " Oh, no
you won't," and then left the house. Article
No. 7 declared that on the 21st of May, nine days
later, the defendant, being in the dining-room of the
rectory alone with Mrs. Cumming, again solicited her
chastity ; and in Articles 8 and 9 it was set out that on
the Tuesday following, that is at the end of May, being
alone in the library with Miss Duniant, the defendant put
his arms round that lady's waist and kissed her, and asked
her to go upstairs ; and that 10 days later, being in the
drawing-room with her, he renewed his solicitations and
attempts.
The allegation on behalf of the defendant went at some
length into the story of the acquaintance between himself
and the persons mentioned, and negatived the charges of
solicitation of chastity, An., and they went on to RAM
that the charges against the appellant ought to have been
made the subjects of a civil action, instead of proceedings
in a spiritual court.
The Queen's Advocate opened the case on behalf of the ap-
pellant, and referring to the evidence taken before the com-
mission, dwelt on the bearing of the two ladies in question
towards Mr. Berney for some time subsequently to the
solicitations charged had been made to them. They re-
ceived his visits, they invited him to a pie nic, and on that
occasion Miss Durant was left by Mrs. Cumming for some
time alone in Mr. Barney's company. The learned counsel
likewise dwelt much on the length of time which elapsed
before the misconduct of the defendant was communicated
to Mr. Cumming, notwithstanding that abundant oppor-
tunities were offered for the purpose.
[The case was proceeding when our report left.]

• COURT OF COMMON PLEAS.
Sittings at Nisi Prius in Middlesex.—(Before the Lord
Chief Justice and s Special Jury.)
HARP r. ROBINSON.

This was an issue directed by the Master of the Rolls,
and the question to be tried was, whether the plaintiff,
Horatio Hamp, was the son of John Hamp and Frances,
his wife.

Mr Edwin James, Q.C., Mr. Field, Q.C., Mr. Clive,
and Mr. Matthews appeared for the plaintiff ; and Mr.
Coleridge, Q.C., Mr. Giffard, Q.C., Mr. Archibald, and
Mr. H. James for the defendant.
Mr. E. James said that the plaintiff was an infant, who
was born on the 17th of January, 1862, and the question
of his legitimacy was one which would demand the most
serious consideration of the jury, as upon this question
would depend whether the plaintiff was entitled to suc-
ceed to an estate worth about 3,0001. a year. Mr. John
Hemp himself was the illegitimate son of Francis Hemp,
who was possessed of considerable property in Here-
fordshire and elsewhere, and he carried on until
his death the business of a banker. He resided
at Becton Villa, in Herefordshire, and in 1829
he made his will, and at this time his son, John
Hemp, WAS less than twelve months old. Francis Hamp
had also another illegitimate son by the tame person, his
housekeeper, and this second son was the defendant in
the case. Francis Hanip, by his will, settled all his real
property upon John Hemp, the father of the present
plaintiff, with remainder to his son in tail male, and in
the event of this line failing, the estate was to go to the
defendant and his heir in tail male. The testator lived
until 1849, and some short time before his death he made
a codicil to his will, by which he left his interest in the
bank to Francis Hemp Adams, another illegitimate
son, who was considerably older than John Hanip and the
defendant, and Mr. Adams carried on the business
for some time, but ultimately became bankrupt. In
November, 1849, John Hemp attained his majority,
but he led • reckless life, and soon became
involved in difficulties. In 1832 he married
Frances Palmer, the daughter of • farmer, and the
sister of a person who had married a man named
Turner. After the marriage, John Hamp, in coose-
queuee of his difficulties, went from one part of the
country to another. At one time he lived at a public-house
' in Brecknock which was kept by Mr. Turner, afterwards at
Birmingham, then at Shirley, and then near Batton-villa.
During a good part of this time Jol.n Hemp and his
wife were in great poverty. In 1854 Mrs. Hemp was de-
livered of • stillborn child, and in 1857 she had a child
named Francis, who lived but • few months. On the 17th
January, 18112, she was confined at a boarding-house in
Birmingham, kept by a person named Jeffreys, and
the plaintiff in this case. The learned counsel
said that, though the circumstances be had stated
would be prima facie sufficient to establish
legitimacy, yet he should not content himself with leaving
the case there but would refer to the case which would
probably be set up by the defendant, though he waa not
quite clear what that case would be. It had been said at
one time that the plaintiff was the offspring of Mr.
Turner and his wife ; but with the evidence that
be should be prepared to give, he could hardly
believe that this contention would be persisted
in. Then it hail been further said that even,
though the child was the offspring of Mrs. Hemp,
yet ttat circumstances existed which showed that it was
impossible that Mr. Hemp could be the father of the
child. In considering this question, however, the jury
would bear in mind that the presumption of law was that
• child born in wedlock was legitimate, and this pre-
sumption could only be rebutted by clear and
conclusive evidence that the husband could not
in the course of nature be the father of the
child. He apprehended that the defendant was bound
to slew that the husband could not have had access to his
wife within such a period before the birth of the child
that he might ho We father of the child. He referred to
Selwyn's" N isiPrius,"page7s9, to show that non-access must
be proved, and this even although at the time it was shown
that the woman was living in notorious adultery at the
time. The child in question having been born on the
17th January, 1862, the mother finding that she was too
weak to suckle the plaintiff he was placed in the charge of
a woman named Lee, and remained for some time under
her charge in Birmingham, and afterwards the child was
removed to the house of Mr. and Mrs. Turner at Shirley
for the benefit of a change of air. In February, 1863, Mrs.
Ramp, who had been living for some time in Birmingham,
went to reside with her husband near to Becton Villa, in-
tending to remove to Becton Villa itself ; but Noon afterwards
Mr. Hemp fell ill and died. Before his death Mrs. Hemp
and her child removed to Barton Villa and remained
there until they were forcibly expelled by the defendant.
Upon this proceedings were taken in the Court of Chan-
cery, and hence this issue.
Mr. Coleridge said that his case would be that from 18.58
down to a reconcilietion.—a pretended reconciliation—in
1863, Mr. Hemp and his wife did not live together.
[The case was proceeding when our report left.]

COURT OF EXCHEQUER.
Sittings in Bank.. (Before Mr. kwon Murtin and a
Common .lury.)
GrEIONT r, ItATCHELLoR AND ANOTHER.

This was was an action by a box-keeper and check-taker at
the Royalty These. against the proprietor of the Glow-
itvrrot newspaper for libel.
The defendant pleaded not guilty.
Mr. Serjeant Robinson and Mr. Joyce were for the
plaintiff ; Mr. Serjeant Itallantine, Mr. Day, and Mr.
Straight for the defendants.
Mr. Serjeant Robinson maid the plaintiff, who was con-
siderably advanced in yearn, had played harlequin to the
celebrated Grimaldi's clown, and was a person of the
highest respectability. In the Gluictourm a series of
attacks had been made upon him, in which he wee de-
scribed se a " bore." a " nuisance," and accused of inci-
vility and other thing■. Miss M. Oliver, the manageress
of the theatre, Iw4 inquired into these charges,

and had satiafied herself that they were entirtly
founded. The plaintiff had felt it necessary to come into
court, in order to put himself right before the public, Ap.f
Milli Oliver was prepared to speak to his good ebaracie,
and civility. However, he was happy to my the Jury
would not be troubled further in the matter, as the &fen.
ants had consented to a verdict for the plaintiff, rich
damages of five guineas, together with an apology,
Mr. Sergeant Ballantine said the editor of the
found on inquiry that the remarks complained of had been
written under some mina hension, and therefore the
defendants readily pro the arrangement which Lid
been accepted on the other side.
Verdict for the plaintiff—damages five guinea,

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

MUNDY r. IENSTEIt.
Dr. Spinks Q.C., and Mr. Kempe fur the pl..intiti ;
Mr. M. Chambers, Q.C., and Mr. Serjeant IlalLur.m,!tr
the defendant.

The plaintiff, the executor, propounded the will of
woman named Boddington, who died last year ~f
Bright's disease and dropsy. She left a will. 11
which she gave the whole of her property tworth
200/.) to her landlady, a Mrs. Pricker. Probate sal oi.
poised by the testatrix's father, a pauper iu the ltin.
ham Workhouse. The testatrix had on a previous
lion taken him out, but she had allowed him to go h.ck
again. She was the wife of an attorney, but there i.l
been a divorce. The ground of opposition was midst It.
ffuence and want of capacity.
(The case was proceeding when our report left

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Cou'burn.)
IN RE DAVIDSON AND GORDoN.

This case will be well remembered, from the e‘t:e4,
dietary circumstances by which it was surrounded, thvgy
the adjudication was made about thirteen years em,
The bankrupts were colonial brokers, of Blincis,;l4;
Their joint liabilities were about half a million, and rely
a small dividend was paid on the first estate. They 1„,
strenuously opposed on their passing through fini
and amongst the opposing creditors were Ileum. (hcietj,
Gurney, and Co., to whom the bankrupts were Leo
indebted. . . .

This was a sitting for dividend, under the tem%
estate of Davidson. His debts were about ; and 3
was stated that there was now 1,3001. in hand available'.
dividend. The prooeedinp were merely fennel.
Mr. Venoms (from the office of Mesas. Link/at.
appeared for the assignee,