The Express.
London, England, 1856-11-26 00:00:00

THE EXPRESS, WEDNESDAY EVENING. NOVEMBER 26, 1856.

vz DAILY NINO: LONTON MORNING
Pitia=mased St. slossol It
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she eS7. massy. sod smeary armfuls paw Is
UNIWAZION NITS IS =LIAR= AND IMPARTIAL
As ssillsodi .707 157.1. si EOSIN Is Ns lobs Isms le sailfal
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HAYMARKET.
Toes Zwansio.l2l HONEYMOON. Metscra Maeda* Theseeta%
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TIMMS'S.
Tsui Omens% A NIDSUMMES. MIGHT'S MUMS. —sad
OM WITZ; or, Tke Rom of Amiens. Hum Ryder, Sulay, sad
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LYCEUM
Taw imam., FABIAN : or. La Marrtkosa. Wt.
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SUMAL

Two Lynam ROB ROT. Mears. Crewe* Marisa, Vellahe,
ling Peon, TaWag,MIIS, aad Parma • Wes R. Para*. Wm M.
Brooke% KY £—Aad DIM). Ilavers. Wlddicartt. fetter, Va.
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STAND ARD.
Tim !yam, KING KINKS vm. mt. Glyn.—Aad DREG.
lIT. lams Jokeskee.

HIGH WATER AT LONDON BRIDGE.
Tun T—liankbeg, lb. Mau
To.sessaw—blorabig. lb. 435..—......Af10nmai. lb. U.

LONDON. WEDNESDAY, NOVEMBER 26.

!Dirt any of our reedere been led to perms the
report of the first day's proceedings in the class of
s SWYKFIN O. BWYN7III,* which appeared in oar
outman' yesterday P If so, they mast, we think,
have been a little astonished at the admitted facts of
the case. Of the points which are still in controversy
we porpceely say nothing, as the farther progress of
the inquiry may probably give a fresh complexion to
many circusstacees which now appear sufficiently

_ _
extraordinary. Bet take the owe on the ail-
minium contained in the affidavits of Sir
FREDERIC Mumma, end how very remarkable
• Mate of relations between counsel and client
does it disclose. The story is not a long one. Mrs.
SwTtenN, under her father-ice-law's will, was the
devisee of estates worth 65,0004 Captain SWINPIN,
the heir-at-law, contested the will, on the pound of
the testator's not being of sufficient capacity to make
it. Tissue west down to Stafford for trial, Sir Fan,
DIRIC Tamomt being specially retained as the lead-
ing counsel for Mrs. Swrerem, and Sir ALEXANDRA
COCKBURN, then AttoruerGleaenl and now Chief
Justice, acting in a like capacity for the heirmt-
law. The investigation threatimed to be long and
complicated. One whole day had been consumed
without getting through the evidence for the plaintiff
—on the morning of the second day, the samosas of
public curiosity was disappointed by one of those
occurrences not uncommon nowadays in our courts of
law. The counsel for the plaintiff and for the &ludas t
laid their heads together, and after an edifying
Susuat of whispering across the table, with several
hints at resuming the contest, and en extreme dis-
play of punctilious regard for the interests of their
respective clients, it was announced to " my Lord"
sad the public that the peat SWYNCEN case had
bees amicably settled. The terms of the arrange-
meant wore, that Mrs. Sw Tana, in return for giving up
the estates, we. to receive an sanctity of I,OOOL a year
for her life, while a sem of some 1,2504 was to be
paid down for the costs of the cause.
The whole matter had jut bees concluded when
Mrs. Swears:it drove up to the Caveat Heinen.
Her disgust was extreme. She &awed (whisk
appears to have been strictly true) that she
never authorised such a compromise. or Weal say
ocespromies at all, and protested that she would
suer be bound by it. This was not a mere ebuilltice
of momentary temper. She kept resolutely to her
ground, sad refused altogether to quit pommies of
the estates, or to give up one lota of the devised pro-
perty. The heir-it-law was advised to apply to the
Court for an Imperative order—or, as it is called
in legal language, a writ of attachment, commanding
the resolute lady to carry out the arrangement agreed
upon between Sir FREDERIC TREMORS and Sir
ALEXANDER COCKBURN, under penalty of commit-
moat to prison for contempt of Curt. Oa Monday
lost, through Mr. lIIXXIDX, her counsel, Mrs.
SWEEPS:I showed MSS against this rule being made
absolute. The affidavits principally relied on were
those of herself, her attorney, and Sir HENRY Dun-
AMR. We do not, foe the reason already
intimated, propose to go minutely into the
smateste of these affidavits. In ma., points
of detail they may be materially modified by the
statements cm the other side. The substance of them
is, that 'fur the first day's trial Mrs, SWYNYEN was
ennimoned with Sir H. DI: RRANT to Sir F. Tursi-
can's rooms, that Sir FREDERIC intimated the case
was going spinet her and advised a ermpromiro,
that nothing definitive was agreed upon, Mr*.
Swreux positively declaring for the will, the whole
will, and nothing but the will. The next morning
she despatched a telegraphic message to Sir FARMS-
RIC at Stafford in these words, "The offer is refused."
This message Sir FREDERIC received before going into
court. Mr. Starener, the attorney, deposes that he,
foible part, entirely declined assenting to any terms
of compromise, and threw the whole responsibility of
doing so on the leading enamel.
The affidavit of Sir Fazineic Taxman, as far as
we can gather its content. from the leave of our we.

port, don not materially contradict any oldie above

statements. Sir FEZDRILIC, after relating the
interview on the tVOCillg of the first day'. trial, states
that the parties left him " on the anderstaadieg
that they would twinkler the matter, bet he
supposed that counsel would be at liberty
to negotiate for an arrangement." He admits
Use receipt of the telegraphic menage the
next morning, to the effect that " the offer was re-
fused," but declare. that, in hi. opinion, that
massage " did not meet the question, as no offer had

been made "—that nevertheless he woe under the'
impression, ea were all his legal Mends, that the cue
must go on, until he saw the attorney just WWI
going into court, who told him that circumstances
had oases to his knowledge which made it addition-
I ally desirable that the case should be arranged. This,
Sir Puna= says, decided him, and he immediately
went into court, and without any further instruo-
does from his client effected a compromise on the
terms already specified.
Now really, even upon Sir FILEDERICI own
statement of the case, his proceedings disclose a view
of the relations between attorney and client which
appears to the last degree extraordinary. Here fa
property at stake worth 65,0004 The client—
obstinately, if you will—persists in refusing all offers
of accommodation, and positively conveys such
refusal in the most formal and explicit tense. Not-
withstanding this, her counsel accepts an offee in her
absence, which directly she hears of she repudiate.,
and on which she has uniformly refused to
act. And it is upon the basis of this agree-
ment, which she not only never authorised
bat positively prohibited, that the Court is to
be asked to enforce an order the effect of which
will be her commitment to prison for an indefinite
time, on no other ground than that she refuses to be
bound by an act which she has throughout disavowed.
If this be, indeed, the true legal meaning of the nla-
tion between client and counsel, it is certainly as
well that the public should be authoritatively in-
formed of it. But we cannot believe that
anything so repugnant to common muse can
ever be recognised as a binding rule of law. The
Courts, no doubt, have of late assumed a strange, and
as we must think an unjustifiable, latitude in forcing
references upon reluctant suitors, but we will not anti-
cipate that they are prepared to enforce so monstrous
a doctrine as that a counsel, without the authority
and spinet the will of a client, may consent to an
arrangement which that client may be punished with
imprisonment for not carrying out.

gte Court.

WINDSOR, Nov. 26.

Tho Qum sad Prioos, with the Priam§ Royal
sad Prime Frederick William of Preis* drove oat yester-
day eftersocs is as opts acreage, attended by the Dubose
at Athol], the Hos. Blesser Mosley, and the How Louisa
Gerdes.
The parries Is mettles was oho is madams.
Prince Albert, serespealed by Prince Frederick Wilkes
of Pomo* weal oat heatisy this toresoos.

Mr. Botherom M.P., Ss Alexander Spearman, aad Mr.
Tidd Pratt, bad a interview with the Cbsamiler of the
Exchequer yesterday, at his °Reid 111114115119 ha Dowsing-
street, on the subject of sothsp banks.
Lisatenaat-Coleasl T. J. DevereG, 67th Regiment, bad
as interview with Yr. fieoratary Labeseitere yesterday at
the Colonial Ace.

DelPeiChill wm mind at tho Colonial•efda yesterday
from the Governer of Natal.

His Highnee Mehemet ♦u Puha, socompaaisd
by a auserou suite, has lilt Claridge% Hotel for Plait.

. .
The Marquis and Marchioness of Headfort have
arrived at Claridp's Hotel from the Coatfaeat. . _

Lord and Lady Biros have loft Baton-plea for
their Nee resideaes is Wordskin. Hi/ lordship bee
searly 1100.1111141 hen the NWT* *larks lis received.. the
masks of the nosed eallieles 8447 the Kies'. Lustily
statics of the Lodes sad North.Westera Railway.

The C.antas of Westmoreland sod Lady Rees
Flute have a salts of rams at the Boddard Hotel, Brigham.
Lard aad Lady Owersteas sad the Bea. Kim Loyd sad Mies
Lams are also stayiag at the Bedford Hotel.

Latd and LadyCoieheetae and the Hon. R. Abbott
have left the Royal Albion Rotel. Brighton, for 34, Berke-
lay-Kamm London. Gen. Mr Frederick Truck sad Sir
George and Lady Bonham are prolonging their stay at the
Royal Albles Rote. The Marquis of Slandford. Earl of
fifilagliese, sad Lord Reward have left.

Amos i the recant arrivals awl departures at the
Alas Hotel, Bdiabargh, an :—The Michela of Mastro'',
tho Lady Agnes Graham sad Lod Hassid Grabs., the
Earl and Coasts*, of Perth sad busily, Lord William
Kennedy, Lord John Hay, Lord Loughborough, Captain
tea Hon. P. ?kart**, Lady Owens Balfour, Lady Ass
Melville, Jobs Balfour, Bag., of Balbirale, Hos. Jolta Rollo,
Major•Gaseral Nullities, Major Sharp Hondas, Major
Thomas, Pah Dragoon Guards; !Nor Westhead, 34th
Reginssat; Maio? C. Routes ; Major Scott of Gala; Captain
Campbell; Liauteuent Bost, fad Highlanders; John Ross,
BK., Bombay; John B. Cantalgie, Srq ; Jolla Desglas,
Esq., to to.
Th. Earl and Counting of Caithness have visited
Glasgow during the past weak. Tbs noble sail las bean
suddenly moaned to his datiss as Lord-ice-Waiting at Wish.
for, by the Mama of Lard Byron, emtsegamet alma the M-
imi's he received is Sao mast railway snidest. Ties
Cowmen of Caithness basjethiad her father's family circle
at Weston House, Warwickshire.

The christening of the infant eon of Mr. Patel,
M.P., and Lady Charlotte Portal, was eslebrated at Lam-
mas Hesse, ea Meaday, with greet festivity. ♦ Onset
wee gluts to above 300 of the Smuts and Isbann, la a
large teat meted en the laws. la the evening three
merman Isselres were lighted ea the high gonad la tle
path opposite the home, previous to which than was a dis-
play of Irmarrits„ wbM► lasted as ►oar, and welinsited
qualities of boar were distributed to all maces. The
baptism Seek place en fluidity, in the parish elmrels, la the
preens* et a large family drib. The euesmay was per
by the Bar. G. K. Portal ; sad the spasms present
wen Mime Portal, sad Major Portal, 4th Light D►ageoas—
Vieeoaet Melgand acting ea prosy for Lord lobs Reasell,
who M la Italy.

The Dais of Athall contradicts the report that
the Dashes. W ocalsessed to the Rooms Catholic church.
It it eadetiteed that the imitate of the late R. N.
Shame. Reg , at Kentaro, has bora purchuod by Ore.
Tombs*, ]Seq., far 36,0001.

Mr. Horne., this eon of this iota distinguished
staimman, t whose labours the onstry 1. Indebted for
sass of the most modal and haportast realms which hays
boos anted in the siministratia• of pstg. affairs, I made
Depsty-Ctairmas of tho Bard of hind Banans, sad
Mr. ®posses Posisaby, who amompaand Lord Olareadas
I. the coaposity of prints seaway to the Coolants. of
Paris, is appointed to the massy orsand at the Board by
tM premotios of Kr. Benito. Mr. grosser Passosby was
previously prints secretary to Lord Palmoratou dariag
the Um that ho held ths seals olds, Forelmolgro.

The aew Bishop of Leedom will preach s swum
ea behalf et the Royal (Wisps Ea Hospital, at St. Game's,
Bleersobary maw% ea Illuaday, the 11th January. 20,000
stippled pear have already esperieseed the beardits of the
festitstioa—aboat 1,100 patinas being admitted messily ;
bat asforteastely then aro at the punt =meat 300 west
of the Nit $4114110 daseriptioa which town possibly he
received lee vast of feeds.

We usdeestawd that Mr. Thomas Chatsboro, M.P.
for aerated, sad a amber of the Home Circuit of some
*iota* years• studio& lea candidate far tb Mks of Com-
mon fferjesat, should a vammely is that Mike he meted, so
is an probability it will, by the premotlea of Mr. Reseell
Gamey to the Raturdereldp.
Tbe meteors wbo played for the Patriotic sod
Crimea feeds last testae, sad there who performed a
um* ease berme km bigamy, arc * gives dramsde per-
form**, en Friday, Dee. 6, t►e premeds is be de-
voted to the mile( of dastitatlos Is the motrepogie duffel the
mister seam. The ben Sea will be kept at Mr. !!nut's
repel library, St. Jemureetreet

_ ..
__ -- --
Houreorrice. Noy, 22. The warviaabire
Rifermatety lattutfou, at Weitee-eader-Weatherlay.
ma, Laestaktee. fa the sown, of Warwick, ate bees .rtiviiisz the tkeretary of State se It to be • Retersa-
ore wader th• potelsics• et the wants 17 sad 18
Victor* dap. 86 Geafig•

WatrizaLL. Nov. 24. The Qum has bees
rrite"bei."4".ll co esd s=
term rt. if0r."14.9!"..
byaid
the preemies et Dr. Arehitteld Catopboll %oft. tato
Dees tboroot, to the Bialtoptio of L adoo.—Goootte.
CRUTAL PALM. —02411 SXILLING
TOISDAT, Nov. Ile.—Admissions so pavotoot, 863 ; Altio lry
mess di" 214. Total TWIN% 1,186.

ITALY.

THE TWO BICILIEB.
(MON OUR OWN CONIIIIPONDI

NAPLES, Nov. 20.
The leading article. of the Giornale Jells Due
Skihe have recently been interesting. One last
week recorded the baptism of a convert to the
Roman Catholic church. When we bad got over
this excitement, we were favoured with a report of
the festivities in some place in Sicily on the 16th of
last month on °amnion of the ifte of her Majesty ;
and now we are positively in fits at the following
leader, published on the evening of the lith. I
translate and send it without a comment :

" Happiness and rejoicing wherever sojourns our
adored Monarch with We august Consort and royal
children ! Every act of theirs, every footstep, is an
example of edifying piety, of provident lo ye for the
good of all, of charity, of munificence* without
limits and without a parallel. The best of
kings, the beet father of a people infinitely devoted
and grateful to him, unweariedly consecrate. entire
days to the cares of state, deigning to give his benign
attention to whatever issubmated to his exalted and
wise judgment t and even in his evening drives on the
road between Gaeta and Castellon!, he Soca not find
any better pleasure than that of assisting and re-
lieving. Nor does he return to his palace until after
visiting the house of God, being acoompanied by her
Majesty the Queen end by the royal princes, as
wall in the temple* as at the altars ; so he did on the
lith of this month, in the first hour of night re-
/dying the benediction in the church of St. Judas
Todliook which, through his piety' was recently
WA to so many other monuments of his incom-
parable :eel for divine worehip. And this is the
which, always burning in his naturally magna-
nimous heart, impels the sacred hand which rules our
destinies to scatter without repose on all our neonsi-
, ties in vest sums the balsam of munificence. Amongst
the most recent examples of his sovereign generosity
we would cite the many thousand ducats there pre-
sented by his beneficent Majesty for the relief of the
indigent. if such en undeniable truth had any need of
proofs." I cannot translate another word. But mark the
thanes which the court now requires, and which its
hirelings are prepared to offer. The Giornale of the
18th records that a steamer is to ply twice a month
between Palermo and Syracuse, touching at Messina
lead Catania, whilst another steamer is once a month
to go to (jugend, touching at Trapani.
The Giornale continues " How great a benefit
is this which the clemency of the august Monarch
, has assured to Sicily and the neighbouring islands,
lit would be idle to show, since by reason of the
increased means of communication, the activity of

internal traffic increases, and the Prospering condi-
tion of commune and agriculture."
On the evening of the 19th, the Giorsala pub-
lishes at fell length the commercial treaty ratified
and exchanged between this country and the United
States. As I have already pointed out the peculiar
features of this treaty, I shall not now enlarge upon
them.

His Majesty was expected here on Tuesday, and
will be so until he comes. It has been remarked as
a curious fact, that since the Ministers of the Allied
Powers left, not a single State despatch has been
received, whereas, up to the date of that event, the

mmarrenee of theM hid been most frequent.
The Malacca steamer will, I believe, remain here
till further orders, a decision which has given great
satisfaction to the British residents. The chaplain,
the Rev. Mr. Barnes, died on board this week, after
a few days' illness' and was buried on Tuesday, the
captain and all the officers being in attendance.
in order to be in a position to grant such a request.
The Five per Cents. stead at 1061 I the exchange
on London at 634.

THE ROMAN STATES.

BRIGAND CONFLICTS.
(nox OUR owl( COMMIPONDI

little en to behold the diligence between those
towns followedril post by an open yen, closely packed
with a detachment of Papal infantry, fearfully ex-
posed, it would seem, to the enemy's fire, should the
brigands ever thick of preparing an ambuscade.
Notwithstanding all these impediments Rome is
filling most rapidly, and by the way of Civita Vecchia
especially arrivals are extremely numerous. The
circumstance of political events rendering a visit to
Naples imprudent, at inlet for families, is favourable
to the hotel keepers and tradesmen, not to mention
the lovers of gaiety in Rome.
Exchange on London, 4711. Roman Console, 89!.

I