Northern Times.
Liverpool, Merseyside, England, 1860-01-16 00:00:00

THE PIGGERY

THE POULTRY YARD,,

/4911T1 :-DAILY:ZWES.

,LAW INTELLIGENCE,
.L.l • t ;tl-7;

COURT OF' EXCHEQUER.
(Sittings at Nisi Prius,-Weetminster, before Mr. Baron
Bramwell and a special jury.)
BEATSON V. SKENE.-=-SLANDER.
This action, which has created great interest in
military circles, was specially appointed for Friday.
The court was densely crowded by mllitary men. Gen.
Pollock occupied a seat upon the bench.
The declaration stated that the plaintiff was a major-
general, and that the defendant maliciOusly spoke con-
cerning him certain slanderous words, imputing to him
that he had been guilty of attempting to create mutiny
amongst the troops under his command. The defendant
pleaded not guilty.
Mr. Edwin` James, Q.C., Mr. Hawkins, Q.C., and
Mr. Gray, were counsel for the plaintiff ; Mr. Bovill,
Q.C., Mr. Lush, Q.C., and Mr. Garth, were counsel for
the defendant.
Mr. 'Edwin James, in stating the case to the jury,
said that the plaintiff in this action had brought this
case before them for the purpose of vindicating his
character, as a gentleman and an officer in her Majesty's
service, from certain imputations uttered against him by
the defendant. No more serious a charge could be made
against an officer, particularly one of thirty-nine years'
service, than his having imputed to him that he had
promoted mutinous acts amongst the troops under his
command. Lieut.-Colonel Beatson was now a colonel
of the Indian army, and on the breaking out of the
Russian war in May, 1854, knoin afterwards as the
Crimean war, he went .to Turkey to raise a' body of
irregular cavalry to co-operate with the British army,
having been deputed to that service by a letter from
Lord Clarendon, dated Ist May, 1854. He raised a body
of .irregular troops known hf the name, of Bashi
Bazouks. The learned gentleman narrated the progress
of the war, and the appointment of the plaintiff as
aide-de-camp to General Scarlett. He fought at the
Alma, Balaklava,-and Inkermann. In November, 1854,
the plaintiff raised a body of 4,000 men, but the rules of
tehxepresessrveiacehiimmapdieelfnghis independence
stronglyupon
it
to thoef
daecfteionn, denht:
who was then our agent in Turkey, and now our
consul at Aleppo. In September, 1855, General Smith
ts
bu
ep esrlsaendde de r thewb plaintiff,ieb
had
baene
nd tuht et
enr e e
bbye c
thea m ed
eaf we
na
dr
ae
not
,f
and which will be found detailed in the evidence.' The
plaintiff had delayed the trial to allow the defendant to
be present, and the plaintiff was now absent from his
command in India, at a loss of £2OO a month, to meet
his accuser face to face in a court of justice., General
Beatson's examination, which was of the most interest-
ing character, embracing the whole of his adventures
with the famous Bashi-Bazouks, occupied the whole day.
This important case was resumed on Saturday morn-
ing with the examination of witnesses on the part of the
defendant.
Mr. Calvert was the first witness called, and he de-
posed as follows—l am her Majesty's consul at the
Dardanelles, and was so in 1855. I remember the
formation of the Osmanli Irregular Cavalry. It
was under the control of Lord Stratford de Redcliffe,
the British ambassador _at Constantinople. I was
directed to assist General Beatson in the formation of
the corps. Mr. Skene was appointed resident commis-
stoner. After the formation of the corps there were
a great many disturbances between the Bashi Bazouks
and the people, and the Pacha frequently applied to me
to check them. In September, 1855, the Bashi Bazouks
were attached to the Turkish contingent. General
Smith came there and stayed with me. A day or two
afterwards I heard of a round robin, and I communi-
cated to Mr. Skene that this had been reported to me by
the major of the Land Transport Corps, who was at that
time under my direction. It was a current rumour.
Cross-examined—l am a friend of the defendant. I
have been consul for thirteen years. I did not hear that
subject complained of until 1856, when the plaintiff
called .at the Dardanelles on his way to England. I
never heard that it formed the ground of an inquiry at
Shumla. lam not aware that anything was said tp
General Beatson about mutinous conduct before he left
for England. I think he must have known it. When
the ship that was conveying General Beatson to England
stopped at the Dardanelles, several offieers went on board,
and on leaving asked him if they could be of any service
to him ? He replied, " Yes ;if you can haneethat consul,
you will do me a pleasure." (Laughter.) Colonel
Sankey told me this.
General Shirley examined—ln January, 1856, I was
ordered by General Vivian to inspect and report on the.
state of the Osmanli Irregular Cavalry. [The in-
structions were here put in.] General Vivian referred
me to his private secretary, Mr. Skene. Mr. Skene
told me there were a. great many irregularities in the
force, and told_ me some circumstances connected with,,
General Beatson. He said there ~had been a kind of
mutiny against General Vivian, when the corn-,
mend was transferred to General Smith, and that
a round robin had been prepared amongst the men.
He mentioned as his authority Col. O'Reilly and Major
Shelley, and I think,Mr. Calvert, the consul. He spoke
of these matters as matters of hearsay and common
report. He gave me the fullest information on all sub-
jects. I had been in daily communication with Mr.
Skene for eleven days before he told me this. I made
inquiries of Colonel Sankey, Major Shelley, and Captain
Gwynne, before I reported to General Vivian. It was
not a repot which .I sent to General Vivian—it was a
confidential letter.
[The letter dated the 25th February was put in. It
stated that General Shirley had ascertained, the matters
which were now charged as slanderous, and which he
stated were authentic and could be established, observing
that it was right that General Vivian should be ac-
quainted with the.fact, in the event of General Beatson
bringing, his case beforeparliament, as he had threatened.]
Examination continued—l was at Shumla for three
weeks, and during that time was in communication with
Mr. Skene daily.
Cross-examined—l made a general report to General
Vivian. This letter about General Beatson was a
separate matter. I swear I had orders to inquire into
the conduct of General Beatson. -I was ordered to in-
quire into all matters connected with the corps. I knew
when I wrote that letter that General Beatson was about
to bring his case before parliament. - I had seen it in
the newspapers.
Mr. James—Your words of Geneial Beatson were :
" It shoves, however, the desperate character of the man,
and that he stuck at nothing to carry out his views."
Witness.—They were. It was in that letter. that an
inquiry into. General Beatson's conduct' took place at
Shumla. General Beatson was not informed that the
inquiry was going on. I certainly never told him that
I had made the charge—it.was a private communica-
tion. I. refused to give up my authority to General
Beatson—to anyone but my superior officer. I had not
heard from Mr. Skene that General Beatson was going
to bring his case before parliament, and I think not
from General Vivian. I heard Mr. Skene say before the
court of inquiry, " General Shirley asked me nothing
about General Beatson until. I stated what I did."
That is true. r
owohmo toldand , mite
was
said they had said "they were
which they
Ma
officersaßj.
or
r the
shhaCedloluelyretf—twGhltoenweras
languageallis:BerneattsSookne'nse
thought most improper and mutinous." I think Mr.
soldiers and could not
Skene said that General Beatson had prepared the round
robin, or, at all events,' that it was with his Sanction:
Sir Robert Vivian—l am a major-general in the
Indian army and a member of the Indian Council. lii
September, 1855, I was ordered by Lord Panmure to
take the command of the Turkish Contingent. Early in
the following year I sent General Shirley to inspect the
Bashi-Bazouk force at Shumla. I wrote to Mr. Skene,
who was my private secretary, and also civil com-
missioner, to give every aesistance and, information to
General Shirley. I should have considered it the duty
of Mr. Skene, as my private secretary, to give General
Shirley all information on which his duties bore.
Cross-examined—l had inspected the force while
under General Beatsou's command, but heard nothing
of mutinous conduct then. I had at that time seen Mr.
Skene frequently, but he never said anything about
mutinous conduct. It is perfectly true that I did not
give any instructions to General Shirley to inquire into
General Beatson's conduct. I was at rertch when I
received General Shirley's private communication.
I had heard that General Beatson . was about
to bring his case before* Parliament. It was
in General Shirley's letter that I directed a
preliminary inquiry into General Beatson's conduct. Sir
Duncan MacDougall, a Peninsular officer, called on me
on the part of General Beatson, to know who the gene-
ral's accuser was. I refused to say, because I had made
an official communication to the 'War-office, and they
were the persons to apply to. It was most disagreeable
to me to meet General Beatson, because I had caused

an inquiry to be made by, a body of officers, and was not
in a position to inform him who, his accuser was, and I
got permission from Lord Panmine to give General
Beatson a copy of the charges.
Re-examined—The letter written by General Shirley
to me wa4 marked "private and confidential," but I
extracted that portion which bore on the matter, with a
view to the preliminary inquiry at Shumla.
- Mr. Bovill pat in the pamphlet published by General
Beatson in 1856, and the letters.
This closed the case for the defendant.
Mr. Bovill then summed up the evidence for the
defence, and
Mr. Tames replied on the whole case on behalf of the
plaintiff.
The jury retired to consider their verdict, and were
absent from court about an hour and a half. On return-
ing to the jury-box, the foreman said they had found a
verdict for the defendant, on the ground that the com-
munications were privileged, but they wished 'to'express
an opinion that, on discovering how unfounded the
reports were, the defendant ought to have thought it
proper to withdraw his statements. •
Mr. Bovill said communications had taken place
between the defendant and the plaintiff, and it must not
be supposed the defendant had done nothing to settle
this matter. Even now, with the consent of the plain-
' tiff, -he Would, on the' part: the defendant,-make a
statement.—The consent-not having been given, but it
_having been denied that anything
.had taken place
between the parties, no further statement was made, and
the courtT was adjourned to Wednesday next, at ten
o'clock.

DfAMTIC, AND

ARTISTIC NEWS 'AND:GOSSIP.

Meyerbeer's " Huguenots" was performed at the
Grand Opera on Sunday week, for the three
_..hundred and
thirty-sixth time.
The celebrated tenor, M. Roger, is engaged at the
Theatre Italian, where he is to appear in the character
of. Bon Giovanni.
new _five act opera by M.Morelt the musical
director of Marseilles, and some of whose qutTirteliiiiiisic
has excited attention, is about to be given at the theatre
of that town.
At the Theatre Lvrique, Mozart's " CoBifern Tutti"
is about to be produced, with Madame Viardot and
Madame Carvalho in the principal parts.
A private dress rehearsal of Gideon with the full hand
and principal singers, by the Vocal Association will be
held on the 19th instant, in St. James-hall, at which
most of the elite of the profession have accepted invita-
tions to attend.
Mr. Parselle, an actor of some promise, has a play
which will shortly be brought out at the Surrey Theatre,
at which it has been read.
The steady flowing of the tide of prosperity into the
various managerial reservoirs (says the Era) is, as usual
at this season of the year, all that the dramatic
chronicler has to record. The larger theatres, where
more scope is afforded for scenic splendour, and where
greater opp,:rtunities are given for the elaboration of all
_those_ details that go to the construction of a modern
Pantomime, are especially favoured by the public, who
throng in crowds that seem to increase in density as the
nigh's roll by.
A number of the Xew York Ledger lately issued, con-
tains the last of the series of the " Mount Vernon
Papers," by Mr. Everett. This chapter is devoted to a
description of the Ledger establishment and its immense
business. The weekly circulation of that journal is
stated to be about 400,000 copies ! Mr Everett-says :
This vast concern has been built up within a very few
years by the untiring industry, tact, energy, and good
sense of one self-made man, entering upon the business
with no advantages of education but those of a. common
school, without capital, without powerful friends, and
without resorting to the ordinary means of gaining public
favour and securing lucrative patronage.
There are rumours afloat (says the Cr it iey of a volume,
partaking of the nature of memoirs, left behind him,
by Lord Macaulay, but the publication of which, for
reasons• easily to be imagined, will be deferred for a
period. Lord Macaulay was as brilliant a private cor-
respondent as a writer for print, and speculation is
..alreacly. _rife .as to the. date when may _be expected a
" Life and Letters" of the historian of England.
Thackeray's new magazine (says the. Literary Gazelle)
hashad a great success; it has already sold '55,000 of
the first number, and we may add, had more,than £7OO
of advertisements stitched up With it.
Mr. John Saunders, fbrmerly editor of the People's
Journal, has a new play accepted, and about to be pro-
duced at-the-New Adelphi Theatre.
- --We (Crilltri beliere•that it ha hztin-srettled-to'remove
the,National Portrait Gallery from Westminster to SOuth
Kensington at an early date. Whether the assent of
parliament will be waited for may he doubted, since the
galley is being built, and Mr: Glitdstone's confidence in
his powers of persuasion, and the ,indifferencet of the
house to all such matters, render the reference the
blankest of forms.

Early fin the -spring! the pictures, ',drawings, and
sketches of C. R. Leeslie, works of exquisite.fancy and
refined taste, will' be sold 'by Messrs. FoStei : and with
them the• small butt choice collection of paintingS and
sketches, chiefly by his contemporaries ; water-colour
drawings by Cozens, Girtin, &c. ; and a large collection
of engravings from the works of llogarth; Reynolds,
•
Gainsborough, Constable, &c.

CHANCERY EVIDENCE COMMISSION.-The fourth
meeting of the Royal Chancery Evidence Commission.
was held on Tuesday afternoon, the 10th instant, in
council chamber of Honourable Society of Lincoln's
Inn. The members of the commission present were

iord Chelmsford (in the chair, in the absence of the

Lord Chancellor, who was unavoidably detained at
a Cabinet Council), Lord Lyndhurst, Lord St. Leo-
nards, Dlrd Cranworth, Lord Juttice Sir J. L. Knight
Bruce, Lord Justice Sir George Turner, Vice-Chancellor
Sir William Page Wood, the. Attorney-General (Sir
Hugh Isf. Cairns, Q.C.), W. S. Cookson, Esq., and G.
Tallentire Gibson; Esq.; and N. Forester Edwards, Esq.
/secretary). The Royal Commissioners sat' two hours.
It is understood that the future meetings 'of the 'corn-
_

mission will be held at the New Mace, Westminster,
for the convenience of the law lords during the sittings
of Parliament.

POOR-RATES AND PAUPERISM.—One of the numerous
returns which, are periodically given to the public on
this subject appeared on Friday last. The amount ex-
pended in the 646 unions and parishes of England and
the Principality of Wales during the aforesaid half-year
was, for in-door maintenance £431,144, and for out-
door relief £1,397,420 total £1,828,564, against
£1,910,610 in the corresponding half-year ended Michael-
mas, 1858. Statistics, of variouEkinds art contained
in the return. Among them we find some relating
to the occupations of the population.. Persons engaged
in the general or local government of the country num-
ber 65,330 ; persons engaged in defence of the country,
78,498; persons in the learned professions (with their
immediate subordinates), either filling public offices or
in private practice, 87,422 ; persons engaged in litera-
ture,
the fine arts, and the sciences, 94,790 ; persons
engaged in the domestic offices or duties of wives, mo-
thers, mistresses of families, children, relatives, 2,777,017 ;
persons engaged in entertaining, clothing, and perform-
ing persoaloffiCes for man, 1,620,881; persons 'who
buy or sell, keep, let, on lend money,. houses, or
goods of various kinds, 162,265; persons engaged in
the conveyance of men, animals, goods, and messages,
252,196; persons possessing or working the land, and
engaged in growing grain, fruits, grasses, animals,
and other products, 1,576,081 ; persons engaged about
animals, 63,506; persons engaged in art and mechanic
productions, in which matters of various kinds are
employed in • combination, 554,878 ; persons working
and dealing in, animal matters, 419,282 ; persons
working and dealing in matters derived from the ve,ge-
table kingdom, 789,314 ; persons working and dealinc,
in minerals, 623,171 ; labourers and others—branch of
labour undefined, 290,227 ; persons of rank or property
not returned under any office or occupation, 147.879 ; per-
sons supported by the community, and of no specified occu-
pation, 103,453 ; other persons of no stated, occupations
or conditions, 110,407 ; making a total of persons, aged 20
and upwards, in England and Wa1e5,•9,816,597, It ap-
pears that there are some 671,579
,domestic servants,
883,462 persons employed exclusiVely in providing
raiment and. dress for society, 1,722 actors' of . plays,
9,012 musicians, 30,050 persons engaged in books, 2,942
in shows and games, 7,263 in making pictures and en-
gravings, 3,896 in making carvings and figures, 5,970 in
making arms, 21,743 in building
.ships 336,372 in
building houses, 39,930 as machinists, 13,342 as carriage
makers, 16,791 as watch -and philosophical instrument
makers, and 16,048 as makers of chemicals; 111,098
supply animal food, 104,320 deal in vegetable food, and
173,376 provide the indispensable necessaries classed as
" drinks and stimulants."

-TITEr CIVIL
NATIONAL DEFENCES.

~S`AND- TI!E"'

of Civil Engineers, Mr. G. P. Bidder
lisistance which the members of his In his address, digliveked onihis election as president
roeffetrrhee
ilnstotitthuetiaso
pro-
fession might render towards the object of national de-
fence. After alluding to the fact of the small amount of
novelty and of improvement in naval architecture, which
has originated in our own Government dockyards, a cir-
cumstance attributable to the total want of competition
which exercises so irresistible an influence on all our
commercial relations—he stated that the three following
conditions were essential to the maintenance of our naval
supremacy :
lst. That we should possess the fleetest boats, for
conveying intelligence, instructions, and information
as to hostile movements; 2nd, the strongest, swiftest,
and most powerful rams, or vessels for running down ;
3rd, armed ships of the most efficient description.
As to the despatch boats, they are to be had in
abundance, from our • commercial and mail services ;
especially such as those now constructing for the
Holyhead and Kingstown line. As regards the rams,
there are many points demanding serious investietion.
It would appear to be obvious that if a vessel were built
solely for running down, and her sphere of action were
restncted to the Channel, form and the system of con-
struction would notbe essentially different from that which
would be adopted if her operations, were to be more-
extended. It must also be remembered that the crew-
required to work her solely as a ram would be very small,
as compared with the additional number of men required
to work a powerful armament; and upon the perilous
service to which they would be applied we should risk
but few lives, which cannot be replaced, in addition to
the property which we can so easily re-establish, and thus
a powerful Channel fleet could be kept afloat at a small
current charge. The points to be considered relative to
the fighting ships are, whether they should not, like the
rams, be specially constructed for service in the seas sur-
rounding our coasts. Our men-of-war are now all con-
structed for carrying the British flag into distant seas, and
for this purpose they are adequately masted and sparred,
to economise fuel on their passages to their destination.
Now, if a special class of vessels were solely applied to
the Channel service there would not be any object in so
fully equipping them, and in burdening them with such
cumbersome top-hamper. Neither would such capacity
be required for provisions, water, and fuel for long
voyages. " Under these circumstances, it is worth con-
sideration, whether an entirely new class of vessels might
not be constructed, with less draft of water, sharper
lines, more power, greater speed, and heavier armament
—all essential elements in future warfare—and thus
secure; for the nation, a fleet of vessels strictly applicable
to defensive purposes, which no other nation would have
the means of opposing."
The constitution of these, he said, ought to be sub-
mitted to competition among the builders of the country.
Discussing the question as to the most facile mode of
concentrating forces upon those points accessible to an
enemy, he dismissed altogether the suggestion of a lit-
toral line of railway :
" In point of fact, looking to the existing railways,
the problem admits of an easier solution than has been
generally supposed. The South-Eastern, the East
Bent, the South Coast, the South-Western, with
its branch Dorchester and extension to Exeter, the
Great Western, Bristol and Exeter and the West
Cornwall, the South Wales, and others, either
directly approach every accessible spot on the coast,
or admit of easy connection by branches. The only
points remaining to be considered are, the defen-
sive works at those places. It is admitted that nothing
can be more unsatisfactory than the state of the fortifi-
cations around our coasts. A short railway journey,
and a cruise down the Solent, past the fortifications at
Hurst Point, still prove that neither scientific investi-
gations nor modern experience have, as yet, had any
beneficial effect upon that department which charges
itself with the control of such works."

The construction of our harbours of refuge had, of
course, some reference to the operations of our naval
forces; but Mr. Bidder declares that "neither mechani-
cally nor financially" can they be said to be in a satis-
factory condition.

GOVERNOR WISE GONE MAD.

We read in a Canadian letter a report of a speech
made by this "madcap Governor" (as he calls himself)
,
to some students. Of course he refers to John Brown
and the abolitionists. He says :--
" It would be with an aching heart, it would be with
a wild fever passion, that I could be forced to strike
a7ainst the bosom of my own countrymen of New
England, New York, Pennsylvania, or Ohio ; but if I
could only be 'relieved from that struggle, I would
gladly take the alternative of a war with England.
(Applause.) My heart would leap to that alternative
like a bridegroom to his chamber. (Applause.) Fred.
Douglas says he is bound for England. Let him.
Oh ! if I had had one good, long, low, black,
rakish, well-armed • steamer in Hampton Roads,
I ' would have placed her on the Newfound-
land banks with orders that if she found a 'British
packet with that negro on board, to take him. (Tre-
mendous applause.) And by the eternal gods he should
have been taken—taken with very particular instruc-
tions not to hang him before 'I had the privilege of see-
ing him well Ifunz. (Laughter and applause.) ' Then
—thenif Queen Victoria called upon my prince, Mr.
Buchanan—[the remainder of this sentence was lost in
applausd.] I hope I would have said that all he
could do was what he said he could do at Harper's
-Ferry. (Laughter.) If the British. Minister bad
demanded that the madcap governor. should be
given to the British lion I would just delibe-
rately have referred the question to you. (Tremendous
applause.)- -I should have said to them, -' come up and
take me, and if my people are willing that I shall be
surrendered, I will go without a fuss.' * * I would
call above all upon, the President of the United States to
demand of England that she should not suffer her Cana-
dian possessions to be used as a plate of refuge for viola-
tors of our laws and disturbers of our peace.'
The New York Herald is half disposed to encourage
the demand of Governor Wise : ------ - .-
" In this connection," says that journal, "his allusions
to Canada as the house of--refuge for such abolition
conspiracies as that of- John Brown, for the overthrow
of our southern 'institutions and southern society, and
the Union itself, afford a hint which the Government
at Washington might profitably take into consideration.
The position which England holds towards us on the
slavery question in Canada is not consistent with peace
or good will, or good faith to our country. It is the
position of a fellow conspirator with our abolition
traitors and incendiaries, and the sooner•me bring her to
a definite understanding upon this subject the better.
Governor Wise calls upon the President 'to notifylhe
British Government that (Canada) their _ asylum of
fugitives from labour and from justice shall not, be
allowed to foster dissensions and disunion in the United
States,' and we think that the ventilation of this idea in
Congress would really develop the main root of all this
I existing. mischief." . .

The Canadian correspondent says :—" Notwithstand-
ing all this bluster, we are not much afraid. They came
across the line once before and had the worst of it. We
hive grown a trifle since 1812."

TILE CONVICT R.OBSON.—A correspondent, who has
Just received a letter from Western Australia, says that
Robson, the notorious forger of Crystal Palace shares,
had duly received his "ticket of leave" from the
magistrate at the police•court, Perth.
proceeded
MADAME LEMOINE.—The appeal to thp Court of
Cassation of Madame Lemoine against the sentence to
on the juryman
twenty years' hard labour, pronounced on her by the
desi
Court of Assizes of Tours, for burning alive her
daughter's illegitimate child, came on on Friday.
As is always the case in appeals to the Court; of
Cassation, it was based entirely on technical grounds;
haTg.Publicly
and in this case they were-1• That the forms pre-
scribed for the deliberations of Juries and the pre-
scriptions of Article 343 of. the Criminal Code had
gnated
by lot for that post having declined to accept it, whereas
the selection of foreman ought to have taken place in
private. 2. That certain
. articles of laws of .the 24th
April, 1790, and the been2oth.August,lBlo,liadviolated
e
• tes of the trial not
been
etilh e violated by
ofby a the
foreman,jud
by the mum setting forth with suffi-
cient clearness that the verdict
of the jury had been
publicly read. The court, after hearingpleadings,
l tided that the reasons assigned were
; invalidate the condemnation, and . not sufficient to
--,Gaiignani.