The Express.
London, England, 1857-04-17 00:00:00

*1 : LONDON. YORNINO
Jr... ........:4-

Vie expresso.

the captain
produced a

TO CORRISPONDENTEL
Alfieeellemei_revere lee 1%. Mow" Unees Benles pene
ova be el the .)11ke. le, loevarlbeteset. by Tee Was* es tie
ley el yebleadee.

is be to

Mrs. C.
orillailAwit

rant
• Symms. • GLYN OV ISPIL—Aot 1110 RICHARD
lISCOMO. Mr. mil Ms. 0. i.-01e spin at ball.

rouzy.
ems 11•714. TO: IiON ARIL Mr. &Word; Vgillonel
IiAVOT ARD DIA MOICZY.; iiir=e;;llbmkam 9,1171
spn at WI WM

EIOR WATER AT LONDON BRIDGE.
Tim limy —Santa& sh. Aftersoen. 711.
Animas.

LONDON, FRIDAY. APRIL 17.

TO OUR

A DOUBLE NUMBER of the EXPRESS will
palgisbei TO-MORROW as %seal, and daring
the Peniakentary ream

Tax ease " Liao e. Carmen," in whisk SMt
trial was moved for in the Cosa of COMM 10/iii
cm the Int day of Terra, 'applies a ammo Mi.
areal arguers!, if any were wanted, win* so
Author mantesemes of the scandalous NAM ef
eras. ma., end throws incidentally a carious Epte
urea the English kw of evidence. For a keg
period our Carats acted on the rule of Amid*
exeluding the evideece of the parties to a civil snit•
In the early part of the century, limaratm, in his
masterly work on Judicial Evidence, had most
erciantingly pointed out the extreme absurdity
of a rain which, by shutting oat the most
oatmeal, end frequently the sok mum of testimony,
her! 11 di ow the Abet of substituting circuitous I
positia .44,1,4, and mimed in many rice the
amilkamiim ',Bun of jolter by absolutely pre-
gnant, Ss nip species of proof that, from the
nature deneastanees, could be produced. The
legal mil hibblerial mind of this country held out
with its memlemed obstinacy against the unanswer-
able reemilege et the philosophic jurist, sad it was
sot till the yams 1831 that Psalmist (by the 16 and
17 Via., e. net length eanetioned • return to wiser
mg wee a 1144 primaries. By this Act the cvi-
• 40. of Am plaintif and defendant was made
alinkeible fumy description of civil action, with
ten imouglem The excepted ewes were actions
*WNW poniss of menage and any suite in-
• 41111,1181 la wontamess of adultery. As might have
bon web% the ewer of the new system was so
404 as speedily to predate a convietion of its ex-
leilmsy, even in the minds of theme originally most
Mimed to its intradocticm. A farther step was soon
tam la the tame direction. The evidence of the
Mika& sal wives at the pardon to a nit had been
ea jealemay =owed by English lawyers as that
of the parties theemeiven The Act of 1831 hart*
made se exprees previa= for the alteration of
this rule et exaleama, it was still held
to be binding. Amether Act of the Legisla-
ture wee deamed, meemeary te free ear judges
ben their self-impeeed *km Accordingly, the
" Evidence Aamimmt 44 of 1833" wee rued,

min* the bookends nil wives of both parties
relent vitamins en behatf stainer. But this
Art eastiamod the haw caspdas, ea expressly
exeledlid from its opiestian all proemedings
is easonassee el adultery.' As the law sew
stasis, tbrehre, the astisa hr Leith of prceine,
the seism of trim. ems., and all swats pretesting*,
each is &wee omits ass bats he dinsistioa of mar-
riage, are seM 'ennead by mho et 'videos which
In all ether eta preemedinge have hien abolished
with the Amen and mat signal advantage.
_ _

Now, liptr on bow this 'Sao of dw law bows

Um peatierider ore to whisk we lave greedy re-
ferred. The bets of the ear, u for es nimba to oar

proud porpsoe, lie in a narrow onneas. Captaia
Deo, the plaintit4 married while in India the
--titer of Sir Joan Limn. Major Caoxia,
,at that tine as adistsat o. Bic
sequintanse lei existed before
va the lady end the Major I it
voyage hone. The husband,
India, ruled for the Crimes,
Turkish Contingent. The wife
j with her mother in Devonshire.
period of the husband's abuses
kabt that aa adulterous interwove
between Mu. LING and Major
feet, kind, of adultery was not
defindsat t hi osse rested solely on
LINO had asastiond the adultery,
vied to make nosey oat of it,
dieselbre in a poultice to ask
• the beads of the jury.
. 4 nand on amnia letters,
bees maks frees Turkey by
his wax mg by her banned am
'Meier CUM as !asterisk for his
irs wan pasiand is oast. If
only *lady sods oat the bets,
bad I.llt Mid then
money eat if his vela mossy,
contains& poem of null W.
us' Wtbie simsallaaribs
sipsOsil stabs via Oa ils
Alba awe hipsioigisi by
I lyalaillibilassablis Is save
prommintresidag tolast with.
tide allarbollais&—
daiftawasy a mei of lbs
inanity at so& a presspille. The
import owe; the woraglanses of
t at either side mat ansacatoes

preeminently a crisis in Which the law was
- Owes who ere called an to adesiair
amplest means for investigating the
' Idlest die esatresl,. It tined As
• the alleged writer of the letters,
alleged forger of the letters; it

he the judge
this except the

berm e;bleaer

the atterials Ihr legend
that most OtitOtile*Oliaistelption of testimony—
the evidence el ceparts—emementing with elaborate
insanity en the tura el • et," the naming d a
"t" Or the tae of t "if:. Tee, there was also this:
" Mr. Bismanien (a eennexion of the lay's) ono
piesseding," said Mr. Imam Wua.re. "to state
that the letters were Itie Mrs. Lisylo lanstisoriting,
Nam Moro wee a sort of &sin not to Britv that on,
and sadiagferthemes said." May we be allowed
to ask Mr. Antics Wuzze why be, the judge,
did set take aim that mmething more should
be maid P Why be, alias ache fa slier was to
see that the truth ahead M paudids be mmetaind,
yielded "to the sem alike; so islmillsibis la the
advocates on either ales " not to Wes that ear
This Mr. BRIXIIIDOI wee 161101 the only Idiom
whom opinion an the handwrilhei might ham helm
- .

worth something I sad it deem laps to us snow
what extraordinary that the paean; Judge elould
not have followed rap the else► which the Weasel,
from motives which it was tie agar day, of the
Judge not to favour, had prudently thought it better
to drop. Mr. Justice Wu.sse earl up. The
jury believed the letters to be hrgesies I and very
properly, on that supposition, gave a verdict for the
plaintiff, with 1,0001. damages.
So ended the trial. Mr. Loara's application to
the Court was, to be allowed the opportunity of
having the came tried again. The grounds of this I
applkation were principally the alidavits of Mrs.
Luca; in which she swore most positively to the
genuineness of the letters, and tendered for com-
parison with them a manuscript journal, which she
swore positively to be in her husband's handwriting,
end in which several of the letters presented the
precise peculiarities, the absence of which in the
writings prodaced ice the purpose of comparison at
the trial had induced the experts to pro-
nounce the letters not genuine. The plain
objection to this dmeription of evidence is that the
raw of it all ultimately rests on Mrs. Lixo's
testimony, and that testimony it seems clear in the
present state of the law cannot in an action of crier.
tea. be brought before the Cart. It is even ques-
tionable whether the at davit an be admitted for
the purposes of the rule, sad on that point prin-
cipally the case has been resseved by the Chief Jus-
tice for further argument. We have little hesita-
tion in ogles that, on the 01141121011 sense of the
thing, every argument which favours the adsdmket
oldie ries wee testimony of the parties. or of the
wife, in soeh a ewe, tells against the admieden of
their written testimony. You cannot oreseexamine
an affidavit. Yon ere entirely deprived of fief
almost infallible best of truth supplied by
the countess/Ice and demasenar of a wither under
the rapid Are et unexpected questions from a skilful
master of female practice. Without this aid you
ore hopelessly bewildered in the miserable labyrinth
of assertion and eautteramertion, whore it is clear
that the most appalling psdary lies on one side or
the other, bat abeeketely undiscoverable on which.
The ordinary plea he making proceedings instituted
in oonsequenet of adultery an exception to the roles
of evidence so beneficially established by oar recent
legislation, is the alleged isdecency that would arise
from the whammies of the testimony now rejected.
The 'newer is short. In the Ant place, we demur
altogether toes validity of any plea of indeeency and
scandal when brought forward by the administrators
of a law mall discredited by the action of win. con.
In the next place, all "proceedings instituted in con-
somme of meanly" must to a certain extent in-
volve 'medal and violation of the finer feelings,
There is no help far it. Unless we are prepared to
supper all .site for divorce, there is no cogency in
the argument which prohibits rooftree to the ea-
dense of the parties to a divorce snit from swim
skim of the public scandal that would be amskammil
by its receptios. Ones more, the pseemsata object
el all legal investigations is truth, end to the
attainment of that object all them foe&qp el
feetidiess nasty mast be caseilnied. Osse
admit, ea the whole eased et rat UNA
legialatios proves, that the Minim et palsy their
husbands sad wives, in evil cans is ambeive ten
the legal investigation of teak and you have se
ground left for excluding this evidence in " proceed-
ings instituted is etrosequence of adultery." Be-
sides, what can be more absurd than this feigned
deference to the delicacy of a woman whs repute-
tics you make no sample to minder in her absence
—this appraisals:a of public scandal which is
anew than the dread of private injustice ? In
tin weeds Si SYDNEY Slam, "Can anything be
mete prepeeneens than this preference of taste to
Peden ed amismnity to truth ? " Let us hope that
this weelohed ease el " Limo v. Ciotti" will make
the absurdity of the excluding rule too glaring to be
say longer persemmel as

-Hay

N lA= Mai, Y.D, , : 1
" CLAIMS Lococa, M.D.
6. Boum Flaouiox, M.D."
TIVILIDAT.
The Dualism at Kest Inked es Pekoe la the attar-

ow.
Priors Mart, ecanipsabd by tin Prime erWela, sad
eitenia by Caplan Do Pith ailed the &kith Mama
ta the brace& The Prima rode eat on horseback in the
Awash etisolled by the diesniss theism sad rated
the Daher et althillath
The Pelona then% einided by the Hem Beeline Brig,
skilled the Daises of Oismiesr.
• SIN Tedria: thatostathr and Mamas lthwaie, the
Tessoli anisibider sad the Cession Pandiny, the
ISsibigNiislor, o. Nudes leakier end Canter
Itassia4 die Seats Waster, aid aim smothers ot the
With& asp, alesßableghsai Pala dsrb the
dor le lath the Mania of her Waifs lath.
Wag at die nobility end gentry calla to pay their re-
spells.

The Ms. tattles Esillbseme, Dr. Werra* sad Mr. J.
L. Miele, MA sk bilinliew with Mr. Banter/ Lebrushare
yeetertley at the Cohisiel-dhoe.
The Chancellor of Ilbs Ilischsouer arrived in tows at
Welesibr eight twee his wig, Earreca Coot, Mimeos,

Nod%Milks.
Dorithe wen sant *on do Colonfid-oliar rgerday
Ile OS GOVIIIIIOIII a the Wat latila Limas, Coyke, AXIATIM
Vag owl Maur

"no
last days of lielks inside& a 11=41
whirls had pasilasial late lisesametdas of Tea
" SIM Reeibilaiest Mama g ie Circensiaasileft
Mehemet Bey f. gfring to Clitoris a military cep.
nimation.
the tztles of Dapestan have captured Fort
Saab and massacred the perieon. The garrisons
of the neighbouring villages sarrendered."

r "-.

A AND PACIFIC MAILS.
•-•--

(21'zinratc racaolura.)
SOUTIWIPTON, Flunks%
has arrived with the West India and
. Her dates are—Jamaica, March 28;
a; Trinidad, 26 ; Colon, 2d; St. Thorns.,
Amongst her cargo is specie to the value
of nearly 700,000 doi/ars, chiefly in gold. She brings
139 passengers, amongst whom are the Bishop of
Antigua and the late governor of Honduras.
The Pacific Steam Navigation Company's steamer
New Granada, arrived at Haanehaco on the 14th
Match from Valparaiso, on her way to Panama,
with the semi-monthly mails for Europe.
At Haanchaeo was„ the Peruvian war steamers
Tombs and So*, belonging to Vivanco and the

revolationiet . '
EThelmails andparty cergo brought by the New Granada
for Huanchaco were sent ashore :in • boat.:The boat
was intercepted by the 'Peruvian steamers, and the
mails and cargo put an board the Boa. The captain
of the New Granada at length west on board the Soa
and found that the mail and packages hadbeenopcned
by the revolutionists. After a remonstrance, the cap-
tain of the New Granada proceeded on his voyage. He
was followed by the revolutionary steamers, and at
the next port the New Granada was boarded by
sixty armed revolutionists from the Peruvian war-
steamers, and they demanded money, arms, and
ammunition, which they declared were on board the
New Granada for Castilla's party. The captain of
the mail steamer refusing to give up anything, the
revolutionists took by force what they denianissL
They then broke open the treasurer's room, esalthe
away 30,000 dollars.
We have news from the Isthmus of Panama to
the effect that the President and Congress of New
Granada had refused entirely to negotiate with Mr.
Morse respecting the matters upon which he was
commissioned to present the demands of the United
States government. All communications are at pre-
eent 'impended till an answer is received from the
United States.
From Jamaica we learn that a proposition to send
British vessels to the coast of Cabs, for the purpose
of purchasing slaves and converting them into free
labourers under contract for a oertaia number of
years, has been seriously entertained.
The inhabitants of Kingston complain of the
riotous behaviour of men-of-wars' men who inhst
their streets.
The drought continues at Jamaica, and la injtuisas
to the crops.
The sholers has ceased in Demerara.
The project of connecting the West Indies with
Europe by means of the electric telegraphs
exciting the greatest interest in the West India
colonies.
The last accounts from Nicaragua are that Walker
remained peaceable at Rivas, where he was busy
manufacturing cannon balls, and strengthening his
position. He had about 400 fighting men, but was
losing many by desertion. He is in danger of
falling short of provision'.

PORTUGAL.

s
LISBON, Aran
Sir Morton Pato, accompanied by Mr. Wilson,
C.E., and Mr. Lloyd, returns to England in this
packet. After • protracted diminsion of prelimina-
ries, it is understood that Sir Morton's proposals for
the construction of the lines of railway from the
capital to Oporto and to the Spanish frontier have
been definitively accepted by the Portuguese govern-
ment. The Ling, who has all along shown the
modest interest in the progress of the negotiations,
bas expressed his entire satisfaction with result ;
and although I am tumble to quote the exact words,
I believe his Majesty gave utteraaoe to an opinion
that at length Portugal-would be able to approxi-
mate that position which her geographical situation
and natural qualifications entitle her to hold. A
feeling of cadent in this solution of the railway
difficulty, which hes so long been a fertile object of
contention in the legislative chambers, appears dif-
hoed through ill clams* and is openly expressed in
some of the public papers.
Last evening the ministers were in conference all
night to prepare the documents for the packet, and
it was only this morning, a few hours before her de-
parture, that the signature were finally affixed to
the documents by the contracting. parties. Eviry.
body seems impressed with the importance of the
rasp new taken, and partisans of all shades of po-
lities meet deem it the inauguration of a new era, and
a nobler revolution than any of those which were
wee to distract Portugal.
It requires no prophet to foresee the magnificent
results which a great trunk railway from Paris, with
its outlet and seaport at Lisbon, will work. The
large and increasing trade of Brazils will find its
entrepot here ; this splendid harbour, where a line-
of-battle ship may lie at a wharf at all times of the
tide, will again beooeseoneof the greatest marteof the
western world. The came will soon work, and the
money, men, and materials which must soon find
their way here for these great enterprises will bring
with them an animation and increase of business
which will last until, with the opening of the rail-
ways, there commences a more enduring prosperity,
and Lisbon becomes the Southampton of the
Peninsula.
The Portuguese government have throughout
treated Sir M Peto with marked respect and
courtesy. On his arrival he was brought ashore in
the Custom-house barge, and this morning there are
three barges—that of the Public Works, that of the
tobacco contract, and another from the Exmouth—
to attend him on board ; and no doubt, if the '
ministers had not been up all night, several would
have gone on board to take leave. Before taking
leave of Sir Morton Peto, Senor Avila said that all
the ministers were entirely satisfied with the terms
of the contract ; and, indeed, the advantages are so
equally balanced, that all mast be gratified. Whilst
lam writing, telegraphic messages are behig des-
patched to the provinces in answer to pressing in-
quiries whether the documents have been finally
ereLannot yet refer to the details of the terms of
the contract until next packet, but I believe the
government pays for the line in stock and otherwise
at a fixed price.
Daring the absence of Sir M. Peto, Means.
Rumba and Medlicett are charged to look after his
interest and prosecute all ry business.
No event which has in Portugal for
many years past has created so great a sensation.
T& country has evidently benefited by the rains
which have fallen during the lad two months; the
crops are looking well and promise a bountiful
harvest. The stocks of foreign mends still on hand
are very heavy, and it will be well if those on whose
account they are held can ultimately close with a
moderate loss. The vines are maid to look healthy,
bat it is premature to say much on this subject;
blikeeto the disease has generally appeared after
Ss setting in of the hot weather, and until July it
Is better not to predict about the vintage of 1857.
A few days ago Sir Morton Peto appointed an
beer to traverse the railway from Lisbon to Cano-
ga% with the view of meertaining its condition
and wine ; numerous obstacles and delays presented
themselves, but wearied with waiting, he started, in
=Wwith a companion, on the tender of an
ith no further upholstery for the seats than
ea femedens contrivance of loose coal bags. All
▪ Ilk* to be was greeted with loud cheers by
Mil nav as vies were working there; at the
end et ISM a larger number, who had formerly
been mat -amployed under Sir Mateo, were n-
Wand the hurrahs followed faster and faster,
t. the angnies et a wondering circle of Por.
twos byelmildies, the men mounted him on their
slisellims and preeseded in triumph to the hotel.
Has Ilk IlleMen Peto took the best possible care
of biresembymen.
In foreign exchanges about the anal amount of
business was transacted for this. packet On -London
the supply of bills was rather short of the demand,
and money remained over at 53 for 90 days' date
More

THE DART NEWS : LONDON MORNENO
ta.
IP6 rtilebrejrisiesajoiderg seramia rdl el
allanall ••■•-le lir erne et I%
larftill""regareliag iiii sad winsmardal
isaiialW la Ge ai. wassim rild•-416 mss-
, .4_,.., ,
i.stAgliark94l44
lA, :- .7A ' t
idigg
0 1/1011LT.
MO .
I •,;..2„ .4. ornately. ovvisTuntworts
moo.oons mom vt, atm rot Idall
'''' -I Ingirtall Aedejl rainirS
t•fil fit fa Seedela 1111 Wawa: at st
.61 ••• be la MOWThts MR laSrla
ak Wok IPM... „Rrilmikft__ __,,
. we= IMP* li es M. ea. Por .w..r. ~..
. t
:. • 'KT NEWS FORWARDED to the COON-
Taw; jtAivoizervi wirzrza.e=4l.
minor. kwaii.

BcAILY NEWB LENT TO READ, train 8 a.m.,
tra airs,!..
eve as. Tosple•grosk

Ilk
. PIM WM TRILL. MitMin Sid Mks% amps.
2°...aat GM* irglirwl,biTalaP"..-o=eelti

the
rathadan' • t Li u"I
gs
his wimp between t
was TOIVW•11 an the
after his raters from II
and sieved with the Ti
vent down to day wil
Doing the whole peek
there is. be no doubt t
was going an betwe
C*ol[llll. The feat, in
denied by the defendea
this, that Captain Lou
had afterwards tried I
and wee not them
atly dampers at t
The ore this est el
alleged to have beet
Captain Lino to his
to the solicitor of Ideje
dams. The letters
genuine, tidy not eel
that Captain Limo ha
sought to make money
bat they dee 'cattails!
indemnity as to east
taste sad on the ma
other hand, if these be
a wanan—lbrged by
the packet of her pan
this abominable taint i
no language could ode
Sedum and infamy
occodan was an impel
a wrest judgment en
It was preendhendy
lend to supply thou
ter it with the ample'
Oath. The law id]
ef the plaintiff, tl
and of the wife, the a

`;'•441110- %pat,: -
r.s :Ii • • ui ' 410, AP ' . _
__ , ...,. ,
....:-. -, . ... ..,.. ......
. . .. 'll - V 4 . LATEST INTELL t' 4 ei! THE viltirr&lla
h. BMWS - thenisely ; "the ; L .1 . , Of 'all
me at who
x .100•69wiairek•in ailii i ll* dills (4WD DEPitAT OF THE RUSSIANS IN •
sign ' ' "a • •alist .
who
certificate al chmestet, admitted CIRCASSIA. 4-... p.m, ~,,,il.. Hee
" Buckingham per, April 17, 9:a.m.
the Cepesta's handwriting. Ail- - -- _ _ .• _- --_
" The Queen ha
nd pared anothersood night. - ..____ ___.„ 25 ; Trin
Ibr • kl°4oll M tick
ccnsta ‘" " Het Majesty a :the halt sess cohtinsi V* f°11(01111/17Pitli bfrrarPrre' April 2. Among.
'2,Ami;, - _- -- a similv 700.000 cil