The Express.
London, England, 1868-06-13 00:00:00

THE EXPRESS, SATURDAY EVENING, JUNE 13, 1868.

faith. It nas proved thst Lady F4mONDE had
been in the habit of subscribing largely' to
Protestant charities; that she was greatly
dimth wied in mind at her daughter Lady GRA-
NARD'B, "conversion " to Romanian, and the:,
after consulting several friends, Lady &MONDE
being then indisputably in sound health, had,
early in July last, ordered a draft will to be pre-
pared, under which all her chattel property
as to be sold, and the proceeds applied to the
uses of certain Protestant trusts. A few weeks
later Lady &MONDE was stricken with paralysis,
and being in that condition she executed
her will by attaching her mark to it,
being unable to sign it with her name. This
will was disputed by the widower and
his son-in-law and daughter, being Catholics,
on the ground of undue influence being exercised
upon the testatrix at a time when she
was incapacitated by bodily and mental
infirmity. It was contended that this undue in-
fluence had been exercised by the Rev. Dr.
HUGHES, an old and trusted friend of Lady
ESMONDE, and by her Protestant daughter, the
Hon. Mrs. DEANE MOROAN, who, it was alleged,
had prevented Sir Thomas Eseornin from ap-
proaching his wife during her illness, and had
taken steps to exclude Lady GRANARD from her
mother's house. Evidence was adduced on the
one side to show the infirni and incapable con-
dition of the testatrix ; servants of the family de-
posed that the sick lady had told them she had
been made to sign a paper, and was sorry for it.
Sir THOMAS E.SMONDE, who is emphatically com-
mended by the Judge for having always abstained
from interfering with his wife's religion
or the disposal of her property, deposed
that his wife had told him that if she had other
witnesses, she would make another will. On the
other side, letters were produced and conversa-
tions were sworn to indicating very positively a
fixed intention on the part of Lady Es-
MONDE to provide by her will for those Pro-
testant interests which she had so much at heart,
and which she feared might be sacrificed in the
hands of her daughter, the Roman Catholic " con-
" vert." The throe main questions, very fairly ad-
dressed to the jury by the counsel for the defendants,
were as to the competency of the testatrix at
the time she attached her mark to the will;
as to her state of mind ; as to undue influence.
Judge %EAMON in his firm and lucid charge,
reminded the jury that the burden of proving
incapacity and undue influence rested on the
defendants. Lady Esnowns, it was admitted,
had been a lady of strong mind, and on the
conversion of her daughter to the Roman
Catholic faith had expressed her resolve to
bequeath all she could in trust for the furtherance
of the Protestant religion. The Rev. Dr.
Huonis, on whose constant presence in the
house and attendance at the bedside of
the dying lady, so many severe comments had
been made by counsel, was clearly not an
intruder in her house ; he was doing a duty of
friendship. Lady EsnONDE had sent for hersolicitor
to prepare the draft of a will in the absence of
her husband, whose religions sympathies she was
unwilling to offend. Her medical attendants
declared that she was in a fit condition to sign a
prepared document, but not to give detailed
instructions for a will. Dr. litroffes re-
commended that a short will, on one sheet,
should be prepared for her signature, as she had
been reluctant to execute the larger instrument.
Did she know the contents of this will when she
executed it'' It had been prepared with certain
alterations, or rather omissions, which simplified
but did not in fact change the purport
of the instrument. Undue influence, the
Judge insisted, does not consist in giving
advice, but in inducing a person who is
not a free agent to yield to pressure against
enyvvietion. Lady ESMONDE very probably
had received advice from friends in whom
she trusted ; but it was clear that she wanted
no advice or penmasion to induce her to be-
queath this residue of 40,000/. in trust for
Protestant purposes. The " conversion " of
her daughter, Lady GRANARD, which had so
deeply affected and distressed her, was suffi-
cient to account for this resolve. The law is
properly jealous of deathbed testaments and dis-
positions for pious purposes to the exclusion of
relatives and kindred. But in this case
the clergyman who was accused of having
exercised undue influence had no personal interest
in the will, and the near relatives of the deceased
lady were amply provided for, while the trusts for
Protestant purposes under the will were truchin Lady
ESMONDE had distinctly contemplated, while in
sound bodily and mental health. It would be no
doubt an injustice to suppose that any other
scruples than those suggested by the conflicting
testimony and the arguments of counsel
prevented the minority of the jury from
agreeing to a verdict in favour of the
will. Roman ecclesiastics will, perhaps, discover
in this trial the evil of mixed marriages. Yet
one of the most satisfactory aspects of the case is
the evident good feeling and tender regard for
each other's faith that had always existed
between the Catholic husband and the Protestant
wife. Protestants will with better reason
note such an instance as this—one among
too many of late—of the unhappiness so
often caused in families by " conversions."
The Roman Church has not always shown
itself particularly squeamish in winking atbreaches
of the moral law when only a Commandment
has stood between the Church and an estate.
We should be sorry as Protestants that our
faith should be served by " undue influence" at
death-beds. The result of this painful trial
at least permits us to believe that no moral
wrong has been committed in the service of
religion. _ _

by which the bill is to be discussed. Meantime, it
is well to note that the Duke of ammoND,
on the part of the Government, has expressed
his approval of. the principle of the
measure. He sees nothfiig to condemn in railway
combinations and coalitions. It is true he stated
that some of the clauses were objectionable; but
wlich these were, and wherein the detects con-
sisted, be did not specify. Lord RIMESDALX, how-
e Jer, whose authority on such a subject is sooonl
to that t f no peer, while assenting to the principle of
malt motion, clearly indicated the shortcomings of
the present scheme. In his opinion it is opposed to
anything hitherto sanctioned by Parliament ; it is
wholly oat -sided, the oompaides being empowers I
to fit their own price without the public having
any retinas. While agreeing that the seoond read-
ag should take place, he reserved the
r:gh' to deal with the several clauses
ht re fter as ho might think fit. This
declaration is of good augury for the interests of
railway travellers. After all, it is their convenience,
and not the satisfaction of a small section of share-
holders, which must be consulted and considered.
We trust that the House of Lords will do impartial
justite to all the parties, although we cannot
anticipate that all of them will consider
they have been fairly dealt with. We hope, also,
that in showing its care to act for the benefit of
the great body of the people in this matter, the
House of Lords will give a token, to be soon veri-
fied in a mere important case, of its disincline-
tien to put itself in antagonism with the majority
of the nation.

Takla for removing the disabilities of revenue
pflaiirsis meeting with curious parliameciary
treatment: On its second reading, its author, Mr.
Moira, sacrificed eloquence to expedieacy, and,
observing the ministerial beeches to be e.npty,
carries bis bill through a critical stage
without the usual speech. There is little
doubt that a personal sacrifice was made.
Statistics had probably been coached up,
and the origin of the disability traced; but it is
one thing to make a telling speech, and another
to carry your bill ; and Mr. MONK gallantly pre-
ferred doing something towards securing the
latter alternative. Last night the hour at which
he moved the committal of the bill was so late,
that the Government, as represented by Mr. WARD
HUNT, in the absence of the PRILItURR, could
only fall back upon a proposition for adjourning
the debate. After contesting the point for an
hour and beating the ministers in three di-
visions, Mr. Moats finally gave way, and
the further consideration of his bill is de-
ferred till Monday. The Government servants
who are at present debarred from voting
are those who serve in the Customs, Inland Revenue,
and Post-office ; and a return was published yester-
day, containing opinions adverse to the bill, from
the conunissioners of the two departments first
named. It is to be regretted that the
views of the postal authorities were not also
given, as they have similar interests at stake,
and are similarly affected by the bill. If the Post-
office opinions are identical with those of the other
departmental chiefs the case against the
bill would be strengthend, if adverse we
should have heard from official sources what
is to be said on Mr. Mottles side.
The disability of revenue officers dates from the
STUARTS, and was, according to HALLAM, origi-
nally imposed lest the number of place-holders
having seats in Parliament should become so great
as to make it difficult N. impossible to outvote the
party in power.

Eke Court.

BALMORAL CASTLE, Joys 10.

The Queen drove out in the morning, accom-
panied by Princess Louise, and her Majesty again drove
out in the afternoon, accompanied by Princess Beatrice
and the Duchem of Athole.

Princess Louise rode out, attended by the Hon. Emily
Cathcart.
Prince Leopold went out driving.

Prince and Princess Christian entertained at dinner at
Frogmore, on Thursday, Earl and Countess Cowley, the
Marchioness of Winchester, Viscount Sydney, Lord a-id
Lady Bokeby, .the Hon. Miss Montagu, Lord Strath-
naiiu, the Dean of Windsor and the lion. Mrs. Wellesley,
Licut.-General the Right Hon. Jonathan Peel,
I ady Susan Melville and Lieut.-Colonel George
Gordon. The following had the honour of being
invited in the evening :—The Duke and Duchess of
St. Albans, Colonel the Hon. Dudley and Lady Elizabeth
de Rai, the Hon. Mrs. Charles Grey, the Hon. Evelyn and
Mrs. Ashley, Lieutenant-Colonel and the Hon. Mrs. Cecil
Poel, Mrs. Henry Farquhar,Colonel and Mrs. Wilmot, and
s. George Gordon.
The Queen will hold a council at Windsor Castle on
Friday, the 19th inst.
Despatches were sent yesterday from the Colonial-office
to the Governors of Gibraltar, Malta, Ceylon, Hong
Kong, lalsnan, the Straits Settlements, and the Australian
Colonies.

A deputation, introduced by Mr. Boecroft, M.P., and
Mr. Barley, M.P., and consisting of the governors and
principal officers of the following water companies :—New
River, Lambeth, East London, Chelsea, Birmingham,
Cheltnilam, and Leeds, had an interview with Sir James
Fergusson, at the Home-office, yesterday, to urge reasons
against the second reading of the Water Supply BiU.
A deputation from the Dublin Port Board and Irish
Lighthcuse Commissioners, consisting of Mr. J. Pim,
Sir A. Guinness, Bart., M.P., Mr. T. Bewley, and others,
bad an interview with the Right Hon. Stephen Cave, at
the office of the Board of Trade, yesterday.
The following deputations were received by the Earl of
Dtvcn, at the office of the Poor-Law Board, Whitehall,
yesterday :—From the Fulham Union, consisting of Mr.
James Curtis, Colonel Holy, and others; from the town-
ship cf West Derby, introduced by S. R. Graves, M.P.,
and consisting of Mr. John Davies, Mr. John Critchley,
and others; and from the vestry of the parish of Lambeth,
introduced by Mr. Thomas Hughes, M.P., and Mr. Dont-
ton, M.P., and consisting of Mr. T. H. Fowler, Dr.
Fuckle, and others.

CABINET Covtrem.—A Cabinet Council is ap-
pointed to be held this afternoon, at the First
Lord of the Treasury's official residence in
Downing-street.

THE RETURN OF HER MAJESTY FROM SCOTLAND.
—Her Majesty the Queen, accompanied by their Royal
Highnesses the Princesses Louise and Beatrice, attended by
the ladies and gentlemen of the court, is expected to leave
Palmoral about Tuesday and arrive at Windsor Castle,
wh'el is being prepared for the royal reception, on Wed.
nesday. The Queen will reside at Windsor Castle for a
few weeks and then visit Osborne. It is understood that
her Majesty the Queen will make a trip to Germany this
autumn.

Prince Louis of Hease-Darmstadt, son-in-law
of Queen Victoria, and oommander of the Hessian
troops, is on leave for some time to reside in England.
During his absence the command of the troops will be
given to a Prussian general. The Prince and Princess of
Hesse are expected about the 16th at Windsor Castle, and
will spend some days with her Majesty, whose departure
from Balmoral will take place sooner than was expected
in consequence of this visit.

The Gardeners' Chronicle says:—" We recently
sow in a field of wheat adjoining the park and grounds of
a Cheshire landowner a perfect swarm of rabbits—so that
the whole surface was alive when they were disturbed—
and eo that for 60 or 70 yards into the field the wheat,
nearly coming into ear elsewhere, was eaten down, to the
certain destruction of the crop. To demand • rent in
such a case seemed to us at the time a great injustice ; but
it now appears that a tenant having taken a lease of land
by which the game is reserved to the landlord, has no
claim even for the amount of damage done in such •

The Thiiitre Francais is about to produce the
"Agamemnon" of Seneca! "This," says the Aihenettem,
"is a tragedy written to be read and not acted. It is a poor
latin imitation of the nobler Greek; and filtered into
French, it will be further still from the original model.
The Latin choruses of this tragedy defied musk. Nothing
is raid of a French version of them."

Mr. &Ahern had an audience of the Prinoe of
Wake on Monday, when (says the Era) his' royal
highness presented him with a handsome diamond; ring,
requesting him to wear it aa a tottronir.

Mr. Benedict's annual morning oonoort will be
given at St. James's Hall, on Saturday next, the 20th inst.
A boat of celebrated artistes are announced to appear.
Mr. Horace Wigan's benefit will take place nett
Friday, at the Olympic Theatre, when Mrsg Keeley will
appear in London Assurance, supported by Mr. and Mn.
C. Matthews and Mr. W. Farren.

The Dean of Westminster has consented to pre-
side at the Anniversary Festival of the Printers' Pension,
Almehoose, and Orphan Asylum Corporation, to be had
on the ith of July.
Mr. Warren De 1.44 Rue, for nearly thirty years
a member of the firm of Menus. Thomas De Ls Rae end
Co. (of which he has for a long period been sour
ner), has lathed fro® business.
Herr Joachim is mid to have produced a mal ef-
fect at the Whitsuntide Cologne ?mire by playing a
violin rottcrefo, the composition of Herr Max Bruck. The
singers there were Mesdames Dustmann and Joachim,
Herren Guns and Hill.

The Society of Arts have awarded the prise they
had offered for the best essay on harvest work and the
possibility of eitificial aid during it under unpropitious
natural circumstances. to Mr. W. A. Gibbo, of Gifivraii

Perk Idewsmistoem N.E. The judges to whom the tore.
petite( amp were submitted were Meson. C. 8. Read
1f..P.. 0. Wren Halves, sod J. C. Mouton.

FOREIGN NEWS.

(THIS DAY.)

-.--
THE ABBASSINATION OF PRINCE MICHAEL

OF HERVIA.

The Princess Ouka-Constantinowitch, who WWI
wounded at Topchicklie by the side of Prince
Michael, died on Wodneaday night. According to
private despatches received last evening in Paris.
the cause of the dreadful act was private resent-
ment, not in any way connected with political
affairs. The assassins are said to be the father and
two brothers of a young lady of good family,
named Radovanowitch, whom Piinoe Michael, a.-
parated from his wife for heveral years, had pro-
mised to marry. The rumour of the speedy return
of the Princess to Belgrade is said to have led to
the dreadful act of vengeance mentioned above.

THE INTERNATIONAL LEAGUE OF PEACE
AND LIBERTY.

"The International League of Pear and Li-
berty" has published the programme of the
general meeting of the Congress which is to be
held at Berne next September. This document
lays down three great principles :--list. That re-
ligion must be excluded from politics and public
education, "so as .to prevent the Church from
interfering any longer in the free development
of society; " 2nd. That the European States
can only be united by an organisation bused on
democratic institutions, and on the principle of
federation and equal rights both for individuals
and communities; and 3rd. That the present
social system must be altered "by an equal
division of wealth, labour, prosperity, and edu-
cation," in order " that proletarianism may be
abolished and the working classes emancipated."
In accordance with the above principles, the fol-
lowing questions are to be discussed at the con-
gress :-Ist. What are the advantages to peace
and liberty of the abolition of standing armies as
distinguished from the advantages of a system of
national militia or a general disarmament ? 2nd.
What are the relations between economical or
social questions and those of peace and liberty
3rd. What are the advantages to peace and
liberty of the separation of church and state
How may the federative principle be.carried out
in the various countries, and how is the constitu-
tion of the United States of Europe to be esta-
blished

THE BRITISH MINISTER AT BERLIN AND
COUNT BISMARCK.

It will be remembered that the Journal Al-
bats, in an article which was much noticed at the
time, attributed to Lord Loftus, the British
Minister at Berlin, certain diplomatic action in re-
ference to the meeting of the German Customs
Parliament. The statements of the Nbots were
formally denied in the Prussian official journal.
The Berlin correspondent of the Dnsits returns to
the subject, and says, under date of June 9 :

No one need be at any difficulty to account for the
denial of the Prussian Noniteur. It is one of those
proceedings which is adopted here as well as elsewhere
when it is considered useful. The denial of the Premien
Mon iterr has caused general surprise amongst the mem-
bers of the foreign diplomatic corps, who are all perfectly
cognisant of the step attributed to Lord Loftus. There
may be some differences as to minor details, but of the
fact itself the papers, when presented to the
legislative assemblies of London and Paris, and
even of Berlin, will afford indisputable proof.
But (continues the Dilate) what has interested us most
in the correspondence of the 9th June is the account it
gives of the state of Count Bismarck's health. It is
certain that it is very much shaken. Excessive work,
opposition of various kinds, perpetually recurring diffi-
culties, obstacles, and unforeseen resistance have contri-
buted seriotudy to affect the health of the oelebrated
minister, whose powerful organisation has given way.
For more than a year Count Bismarck has
been suffering. He was advised to take rest,
but the pressure of public business, and the inflexible will
of the minister kept him at his post till he was so severely
attacked that he was compelled to take repose.
It is raid that he will be absent for at least three
months. His absence will create not only a
void, but will have a bad effect on the destinies
of Germany, and especially of Prussia. Neither new
Prussia nor the Confederation of the North are finally
completed. The parts of which they are composed have
not had time to assimilate and solidify. The presence of
Count Bismarck at the head of the governments of Prussia
and the Confederation of the North was a great benefit.
That minister is now the partisan of the peace of Europe
precisely because he knows that peace must strengthen hi,
work, and that war would compromise its duration. But
this pacific disposition is not agreeable in all quarters. It
has in Prussia strong and vehement adversaries whom
the vigorous and firm hand of Count Bismarck
keeps in check with much difficulty. What will happen
in the absence of the minister, or if his influence should
diminish Y If we can judge by some symptoms which have
recently appeared, it is to be feared that the party of war
has prevailed. This party may precipitate Germany and
Prussia upon new adventures. Let us hope that King
William will provide against this danger, and that he will
remain faithful to the policy of the treaty of Prague, that
is to say, a policy of peace.

PRINCE NAPOLEON IN VIENNA.

The Vienna correspondent of La Liberte writes

Prince Napoleon is in constant communication with
Baron Bcuat, whom he considers the representative
of the German nationality of Austria, with
Count Andrassy, in whom he sees the representative of
the Hungarian element, and with Count Potocki as repre-
sentative of the Polish fraction. He has expressed his
desire to see Generals von Gablenx and Ramming ; and it
is raid that they will meet him next week in Peath. Much
agitation exists in the Polish circles of Vienna.

MILITARY PREPARATIONS IN CANADA.
OTTAWA. Juzx 2.

The military preparations for the anticipated
Fenian raid are complete. Field brigades have
been formed in the several districts, composed of
regulars and volunteers, having attached to each a
battery of artillery and a troop of cavalry, under
the command of officers chosen from the line. Bach
brigade can act independently, or they may be
brought together, as circumstances shall require.
Tents and field stores of all kinds are ready for use, and
the troops could take the field at a moment's
notice, fully equipped for service. The volunteers
are to receive 60 cents per day, in addition to free
rations, when in active service. In addition to
the preparations for the service on land, gun-
boats have been stationed at Prescott, Lags-
ton, Toronto, Fort Brie, and the St. Clair,
manned by sailors of the Royal wavy,
and supplied with Armstrong guns. The
Field Brigade, composed of regulars and volun-
teers, in Toronto, has been placed in a high state
of efficiency. Four guns of the Royal Artillery,
stationed in Toronto, departed this morning for
Prescott. A strong guard from the 29th Regiment
has been placed over the drill-shed and the new
gaol in Toronto. A provisional battalion under
Major Brown, of the 100th Regiment, is to be
formed at Chainbly for Fall practice.

Onsocaa ma. =ma's Anszter4
BERVIA.

PARIS, 'CIA 13.

The Afouifevr of this morning publishes the fol-
lowing in its bulletin :—" According to telegrams
received from Constantinople the Porte oonsiders
the oomposition of the provisional administration
established in Servia to be of a nature to offer
the desired guarantee for the saintenanoeof order,