The Northern Daily Times.
Liverpool, Merseyside, England, 1856-11-20 00:00:00

Powers left Naples, and more particularly within
1 the last two or three days. A considerable amount
of stock has been sold, and as rapidly bought up
by the government, so that the funds have thus
maintained a high figure. On Tuesday they stood
at 108 Z. Yesterday a variety of reports was
circulating, the source of which was easily to be
detected, and among others that Henry V. had been
proclaimed, a report to be placed in the same
category with 'mother absurdity that had been
sown among the bussa classe last week that
the cause of quarrel between England and"
Naples was, that his Majesty had refused to
listen to overtures for a marriage between a
British Princess and the Hereditary Prince of
this country, and that the refusal was dictated
by a difference of religion. The telegraph has met
with another accident, and that takis in connection
with the great activity displayed at the Bourse
would show that some uneasiness exists, for the
maladies of the telegraph are always sympathetic
Yesterday, in fact, no despatches were received or
communicated. As I have already told you, we
have not seen the British or the French flag in
our port since last Thursday. Advices have been
received that the Centaur and the Osprey are both
in Palermo, the latter in quarantine ; she is
expected here immediately. The weather is so
stormy, that we do not expect the postal steamer
from Marseilles to-day. and it is doubtful, perhaps,
whether this letter will leave.

ment The knaOacks, are, tow made of gutta
perch", being waterproof and much lighter than
those hitherto in use ;.the mess's cloaks are also
impervious to the rain, and tents,. similar to those
used by the French army, have been furnished to
the infantry, besides which the depot companies of
the artillery regiments have been transformed into
independent 12 pounder foot batteries, with the
addition of a 7-inch mortar gun for hollow shot.
The fortresses of Carlsborg, Waxholm, Carlsteen,
and Carlserona,' have undergone great repairs, and.
been considerably strengthened during the past
and the present year. At Car?sborg a .bomb-proof
barrack, of 1,200 feet in length, has been com-
pleted, and at Waxhohn a spacious reservoir,
capable of containing 100,000 gallons of water has
been cut in the rock. At Carlsteen a number of
strand batteries have been erected for the defence
of the approaches from the seabord and other im-
provements made to the outworks- of the fortress.
The cannon foundries of Finspang and Aker during
the past year cast 60 light pieces of ordnance, and
20 large Paixhans guns for the artillery.
In the topographic department great activity is
perceptible, and the ordnance survey of the country
has been prosecuted with great energy. Ten offimrs
of the ongineers have been actively engaged on
this work all the summer, in the province of Malmo,
and seven more are still employed in surveying
the district of Westerwick. The topographic map
of Sweden will, therefore, be completed shortly,
which will become a work of great strategic im
portance.

AGAINST

A " STRANGE LORD."

A young man of the name of John Lowes, or Lowis,
who, we believe, is a native of Wetheral, and who is
supposed to be a " ticket-of-leave convict, stole two
young bullocks, on Friday night, out of a field on the
North Scough farm. Lowes has been in the neighbour-
hoods of Penrith and Wigtown during the last ten months-
On Saturday morning he sold the bullocks to a dealer,
telling hits that they belonged to a Mr. Bowstead, of
King Harry, to whom he said he was head man. Aster
becoming possessed of the money, the first thing he did
was to go to the shop of Mr. Atkinson, draper, where he
purchased a new suit of black clothes for £3 19s, which
were sent after him to Mr. Robertshaw's, the Castle beer-
house at Penrith, he having left Carlisle on the Saturday
evening by the train for the former place. He had also
purchased at Carlisle two or three gold rings and a fine long
gold chain. On Sunday he made a tour to Ullswater lake
with some Penrith young men, where he spent the after-
noon in a larkish manner. On Monday morning he hired
a fine spanking grey hunter at the New Crown Hotel,
and was one of the field of sportsmen with the Eamont
harriers, and cleared all that he came at. On Wednesday
he did the like mounted on the same steed.As early as six
o'clock on Friday morning he again engaged his favourite
hunter, and dressed in first-rate hunting style, having on
top boots and spurs, yellow buckskin breeches, light
coloured waistcoat, neat dark jacket, jockey shape, yellow
leather gloves, one of which he had not on, in order to
display two gold rings on his left hand, a gold chain round
his neck, a good whip, a cigar in his month, and, thus
equipped, he started off in high glee to the fox hunt on
Broadfield, near Hesket, where he was surmised to be some
" strange; lord," and he was considered to be the most
plucky and best rider in the numerous field. After
the hunt, instead of returning to Penrith with his horse
he rode d ma to Carlisle, where he remained, we believe,
at the Newcastle Railway station hotel over night.
On Friday evening the police at Penrith received
information of the robbery; suspicion immediately fell
upon the " strange lord"; and Inspector Robinson, who
surmised his whereabouts to be at or in the neighbourhood
of Carlisle, was on Saturday afternoon despatched by the
evening train in search of him, but on arriving he found
that the "strange lord" had left Carlisle about twenty
minutes before the arrival of the train. The officer being
thus foiled in his pursuit, and there not being another
train for Penrith till evening, he did not reach that place
till after six o'clock. The " strange lord" arrived at Pen-
rith between six and seven o'clock, contrary to the expec-
tation of many, who felt confident that he had gone off
with the spanking hunter. A policeman had been set to
take him in the Crown yard, but was absent on other
business when Lowes rode in. On dismounting, he
told Vickers, the head ostler, that he would just step
over the way to Pattinson's, the British Queen beer-
house, where he had his other clothes, and change his
dress, and would presently return and pay the two days'
hire for the hunter. Vickers, however, knowing that the
police had been enquiring after him, followed him to Pat-
tinson's, but before he got there, Mrs. P. had informed
the "strange lord" that the police had been enquiring
after him. He changed his clothes, and told Vickers that
he would go with him to the Crown Hotel, and pay Mr.
Dixon for the horse hire himself. Both prociTiled over
the street, and down the yard, and Vickers, in high Wee,
stepped up the step into the house, but the "strange
lord " di 'l :not follow him as he expected ; he delibe
rately walked through the passsage into the street,
and thus made his escape. Vickers, on looking about for
his man, found that he was not there. Search was made
for him by the pollee ail ozer the town and some neigh-
bouring villages, but he was not again heard of till Sunday
morning, when, it is said, he called at Delemain, the
residence of E. W. Hassell, Esq., and asked the gardner
for a job in his line. Ho had breakfast there, and very
soon left. Although information of the robbery, and a
description, of the thief have been diffused both far and
near, he has not been heard of since last Sunday morn-
ing.—Carlisle Patriot.

FATAL ACCIDENT ON THE GREAT NORTHERN
RAILWAY.

Yesterday morning, shortly after nine o'clock, a man
was knocked down and killed instantaneously on the Great
Northern R tilway, between Hornsey and Southgate, by the
down express train to Edinburgh. It, appears that the
express train which left London shortly after nine o'clock
this morning, proceeded on its journey, all right, until it
reached Hornsey. Between that station and Southgate a
man was seen to step on the line in front of the train, and
was k ocked down. The train was at once pulled up, and
the gurd, upon proceeding back, found that the man was cut
and battered about so much that it was impossible to
recognise his features, Assistance was at once at hand,
and the remains having been picked up, were conveyed to
Hornsey, and placed in a shell. Oa him were found two
envelopes, addressed to same person in Westbourno terrace,
Westbonrne grove, Paddington, Mr. Williams, the in-
spector, was shortly on the spot, and caused a man to be
sent off to the address immediately. From what could be
gathered this seems to be en act of suicide. It is stated
that a boy observed the person loitering about the line for
some time previously, looking up and dawn the line as
if for one of the trains. Information has been forwarded
to the coroner, and an official enquiry will take place!

BRAZIL MtoLs.—Mr. Priaulx, the Portuguese Vice-
Consul at Southampton, has received notice that the Post-
office authorities stating that, in accordance with his
request, mails will be made up in that town for places
at which the Bra;il and Peniusular mail steamers call.
The mails will be made up on the day the steamers leave
Southampton. Letters from the above named places for
Southampton will no longer be sent to London before they
are delivered.

EMBEZZLEMENT PREVENTED.—A correspondent says :
"When an account is opened by a country house, or indeed
by any cu•tomers upon when the traveller, in the course of
his duties, will have to wait, a number of slips should be
sent by post to the customer, regeestiag him to fill one up
and transmit it by first post to the chief cashier, or other
party authorized to receive it, marked private, whenever
any payment is made by him to the collector, and by this
simple means the firm would always he in possession of the
precise sums collected, and prevent in most cases an impro-
per use being made of the money. Tee slips may be printed
thus in blank ;-1356. I have this day paid to your
collector, Mr, --, the sum of £—. Signed, —. Messrs.
—. They should be printed in duplicate to leave a
counterfoil."
THE Frierson PRESS.—There is a rumour that all the
Paris papers have the intention of transferring them-
elves into eyenipg papers, and this report has caused
deep anxiety to the existing evening journals, The Potrie,
which is the semi-official organ of the Government, has
reduced it price from 20 centimes to 15 centimes, in order
to render its position the more secure. Now that the
Parliamentary debates are of small interest, there can be
no advantage in publishing a morning edition, which con-
tains intelligence 24 hours old; consequently the intentions
attributed to the'daily morning papers may hate some
foundation in truth. It is said that the journal Lee Verite,
which haS hitherto struggled for a bare existence, has
been purchased for 20:)Q,00(.) francs by M. Milland, a rival
on the Bourse of M. Mires, the chief proprietor of the
Constitutionnel and the Pays, and will shortly appear,
under an able management, as an evening journal.—
Correspondent of Globe.
Loss o THE SHIP MATESTIC.—The loss of this ship has
been reported at Lloyd's. A letter, dated Charlotte Town,
Prince Edward's Island, October 29, supplies the following
particulars :—" On Tuesday evening the schooner Lucy
Ann brought the British mails and part of the passengers
from the ship Majesty, Captain Welsh, which was stranded
near Piston Lighthouse. We have gleaned the following
particulars from Captain Jordan, a passenger who came out
in the Majestic. She left Liverpoel on September 15, and
experienced head winds and heavy weather getting down
the Bistol Channel. On Wednesday last she came through
the Gut of Canso, with a fair wind, but off Cape George
the wind came ahead, and on Friday morning passed the
Georgetown light, and stood up the go. tnyytlrde River
John the wind being heavy with thick snow, bore up for
Piston Roads, and' came to an anchor about four o'clock,
half a mile from. the lighthouse, in about eight fathoms
water ; the re'tt, the shin dragged both anchors, i
and Omit two o'clock. commenced strikine on the beach,
but made no water until Sanday morning. When the
passengers left on Monday'she had nine feet of water in the
hold. 'Mears. Crerar took charge of the ship, and had a
steamer alongside to render assistance, and after the wind
moderated two schooners were employed taking off goods.
The Majesticls owned by W. W. Lord and Co., and bad a
valuable cargo of goods for merchants in the city, of not less
I,'
value than £36,000 sterling.

THE NORTHERN TIMES.---LIVERPOOL, THURSDAY.

ACTION FOR LIBEL

THE NOR HI ERN TIMES
In yesterday's NORTHERN TIMES we gave a brief report
of the proceedings in this caia on Monday last. Having
since obtained a full report of all that has taken plat', from
the notes of special short-hand writers, in London, we now
subjoin the same :
COURT OF QUEEN'S BENCH, WESTMINSTER-HALL,

Tuesday, 41h November, 1856.
GRACE v. WILLMER.
Mr. Milward : In a case of Grace v. Willmer, I have to
move fee a rule to show cause why the venue should not be
ell d from Middlesex to the Southern division of Lan-
e !shire. The case is before Mr. Justice Crampton, in
Chambers, and a very old point has arisen about the privi-
lege of attornies suing at Westminster. The judge directed
the matter to be mentioned to the court. There is no ques-
tion, really, is to the necessity of changing the venue oil the
groun:ls laid before the learned judge; for, the fact is, that
the cause of action arose, and all the witnesses reside at the
same pace, and that the trial could be much more con-
Campbell: verLiverpool than in London.
T l
Is that fact denied by the
ie)rudtl(vmhieelfd
Justice a t
other side ?
Mr. Mii ward : No, my lord, it is not contradicted by the
other side, but 'he p!aietiff oa the other side says, that he
is an attorney, and that because he is an attorney he has a
right to retain the venue in Middlesex, and, therefore, that
raises the question, whether or not that old privilege of
atternica still subsists, or is applicable to the present position
of the perties ; and, in consequence, I have to make the
present motion to your lordships.
Lord Chief Justice Campbell : Ile may have a trial at
bar; the privilege is, suing in a particular court, and
arraining the venue where he is attending.
Mr. Milward : Here is a gentleman who has certainly
raked up many old pecularities at law ; a gentleman who
has been appointed Judge of a Wapen take Court ; and this
learned judge, some year or two ago, 'managed to set up
his court in opposition to the County Court of Chester.
The court has since been abolished by the Lord Chancellor.
The action to be tried (the change of venue, which is
the subject of this motion) is so action for libel against a
newspaper in Liverpool, which has thought proper to take
notice of the proceedings of the court over which Mr.
Grace presides, some of which, it is stated, are not very
creditable.
Mr Justice Coleridge : He sues in person, of course.
Mr. Milward : Yes, my lord. The defendant means to
justify, and all the witnesses in the cause are at Liverpool.
And then it appears that Mr. Grace, although occupying
the position of one of her Majesty's judges of a Wapentake
Court, is insolvent, and utterly unable to meet the claims
which might arise (in case the defendant got his verdict) by
increased costs. I think we may assume that I should be
entitled to move the venue, and indeed it was not disputed
before the learned Judge at Chambers. The only question
then would be, whether the fact of his being an attorney
was any bar to the court in that respect, and I shall have
to quarrel with the view which the learned authors or editors
of Archbold's Chitty have taken upon that question, on the
ground that they have taken the old cases without looking
at the recent decisions. The only authorities on this
question are, two which they do mention, and one which
they do not mention, because one of the cases mentioned in
their notes, the case of Pitcher v. the Sheriff of
Middlesex, 2nd Marshall, page 152, has really
nothing at all to do with the question. It goes
entirely on different g, ounis. The other case
which they mention is the case of Pye v. Leigh. That was
an action of libel, in which a question of privilege arose, and
on that was built all the superstructure of the privilege of
an attorney, and the attorney had proceeded by his privilege
in the Q teen's Bench.
Lord Chief J istice Campbell : Do you say- that any Act
of Parliament whatever has varied the law on the subject ?
Mr. Milward : Yes, my lord, there was a special Act of
Parliament—it was specifically mentioned in a subsequent
Act of Parliament.
Mr. Justice Wightmon : If an attorney lived in Middlesex,
he had the privilege of suing in Middlesex.
Mr. Milward : I do not think he would have had the
privilege of maintaining it according to the later cases.
They put it entirely on the ground that the privilege arose
from their necessarily attending in court. And it says,
" This privilege of an attorney of Middlesex arises not from
any rule of court, but by the common law, as a consequence
of the nature of their business." The plaintiff, having this
privilege, has exerted it by laving his venue in Middlesex,
and the question now is whe:her the defendant has a right
to change it on the " common affidavit."

Lord-Chief Justice Campbell : How are we to suppose
that the C !art of Queen's Bench should sit at Uertford or
Oxford?
Mr. Milward : That is only if he comes qua attorney to
sue qya attorney.
Lord Chief Justice Campbell : Might he insist on the
venue of Middlesex, if this court sits, as it may do, in
another county.
Mr. Milward : Suppose it sits in another county, has he
the privilege of bringing the Queen's Bench up to Middlesex
to attend the learned judge of the Wapentake court ? I
have not much more to trouble the court with, beyond the
fact on which the privilege was orginally supposed to be
founded. Then, there is a case of Iletherin4ton v. Louth,
which is not cited by the learned authors or editors of
Archbold's Chitty, which is in 2nd Strange, 836. It is very
short, and is in these terms :—" The defendant pleaded the
privilege of C. 8., and the plaintiff moved to set it aside, he
suing as an attorney of B. R., upon the foot of privilege
taking away privilege. But the court said, that it was a
point of law which they would not determine as a motion ;
but put the plaintiff to demur to it. N B This was moved
again n•-xt term by Reeve, and we produced the declaration,
by which it appeared the plaintiff sued by original, which'
was held a waiver of his privilege"—drawing a distinction.
Then, there is another case mentioned, which I should have
thought an authority the other way to what is mentioned in
Archbold's Chitty ; your lordships will find it in the 7th
Barnwall and Cresswell :--" Where an attorney sues as a
common person, and not as an officer of the court, the
proceedings most be governed by the ordinary rules of
practice, and he loses his right to retain the venue in
Middlesex." There it was put that he would come under
the general rules, unless some special direction was made.
So, I would say, here he would come under the general
proceedings of the Common Law Procedure Act, unless
there was some special alteration in his favour.
Lord Chief Justice Campbell ; You can take a rule to
show cause.

COURT OF QUEEN'S BENCH', WESTMINSTER-HALL.
Monday, 17th November, 1856,.
GRACE v. NVTLLMER.
JIZILIGMENT.

Lord Campbell: We cannot make a retrospective order.
I regret very much that I cannot give it, as it is my opinion
that the rule should be made absolute. 1 have no doubt
that the course of action woull be bettered by making the
rule absolute; for I think thit this is a case in which the
trial ought to take place in the county where the cause of
action arose ; and I think it is conclusively shown to us
that it would be mach more convenient to the parties and
the witnesses that are called, that the trial should take place
in Lancashire rather than Middlesex ; and if I did not think
that there is still an absolute privilege given by law to an
attorney, to lay his venue in the Court of Queen's Bench,
in Middlesex, I should be of opinion diet the rule should be
made absolute, But think, as it seems clear upon very
high authority—on the authority of my brother P4tteson—
that that was a privilege which did belong to attorneys
before the Uniformity of Process Act was passed, and as I
think that that act did not at all intend to deprive all that
class of practitioners of the privilege which they had before
eejoeed, that then nothing has ken shown in this
cause to deprive the plaintiff of this privilege,
because, as an attorney, he does all he quit to
enjoy it. He tries an issue in • his own name, and
lays the venue in the County of Middlcsex. I think it not
fair to deprive him of it. I think it would be no privilege,
it, in a particular ease, you are to consider that it is a mere
question of whether, upon the whole, the trial ought to
take place in the County of Middlesex, or in the county
where the cause of action arose; because that would be to
treat it merely as a question of convenience, and would take
away the privilege altogether. Now, I think, that the
plainer course is to abide by what is considered to be the
law on the subject; and, for the future, the judges have the
power now vested in them, of making rules Which may, not
only alter procedure, but may alter practice; which goes
beyond mere procedure; and, thereby, of depriving the
attorney of his privilege, which I think is very inconvenient
—and which, in the present state of society, is not at all
necessary. The judges have a sight to make such a rule;
and I should, very respectfully, submit to my brothers that
it is a fit occasion to exercise that authority; and, if they
should be of that opinion, the rule may be made which, in
future, may prevent inconvenience similar to that against
which we are now struggling. Bet I think that the more
convenient course, at present, would be to consider that
this privilege does exist; and that though the trial would be
more convenient in The county where the cause of action
arose, still the plaintiff, de jure, has a right to have it tried
in the County of Middlesex, he being in practiee in that
count- • - '
Mr. Justice Coleridge : I am of the same opinion ; and
I quite feel that the privilege of the atterney was founded,
originally, oqcireurnstances, and for reasons, which no
longer exist; ands therefore, any prieilege whiCh no lonc'er
ov
One not to be affirmed, and I should IA Very glad
to see it taken away. Bet, so, long as it exists, every
privilege,as In a particular cmis, is
much the right of any
individual of that eless az any other right he had. We cannot
interft re with his right. We cannot take it away. Now what
was the pi ivitege ? The privilege was this, that et e time
when he might. not pteased to waive ri, and put himself in
the cqnditien of a mere individual, if he choose to sue in a
plrtiell'ar form, he had a right to lay and maintain his
yeuue iu the county of Middlesex, and no where else, Thq