The Sun.
London, England, 1855-11-21 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, NOVEMBER 2!, 1855

LAW INTELLIGENCE—(This Day.)

THE LATE RIOTS IN HYDE-PARK.

V0.0..1 1 AILWAY/4

Leasing
Compans.

Closing Prices
y 'Biter 'ay.

Business
this day.

QUEEN'S BENCH.

(Sittings in Banco, before Lord Campbell, Justices
Coleridge, Wightman, and Erla.)
IN RE W. IL BARBER-THE WILL FORGERIES.

The policemen against whom the Commission€rs have
especially reported are :-
398 A, since ascertained to be William Gearing,
charged with the apprehension, without sufficient ground,
of J. J. White, and of inexcusable violence to him while
in custoly,
George Thorpe, 363 A, charged with the unjustifiable
apprehension of Henry Austin.
William Bewlay, 20 D, charged with unnecessary
violence towards William Floyd and James Vassie.
Charles Leach, 147 A, charged with unnecessary and
reckless violence towards John Thomas King.
Charles Madgett, 84 C, charged with taking part in
illegal violence against William Stephens.
James Teasdale, 375 A, and Thomas Wade, 385 A,
charged with violence towards persons who were not
known or examined.

It will be remembered that Mr. Barber, concerned
with the will forgeries, in connection with Fetcher, and
who was convicted and sentenced to transportation, has
since his pardon made repeated applications to this
Court to be re-admitted an attorney of the Court, but
refused. Last terns a similar application was again
made and refused.

Lord Campbell, on taking his seat this morning, said
that in the matte: of W. H. Barbcr, who had applied to
be re-admitted an attorney of this Court, the learned
judges had long and anxiously considered all the evi-
dence laid before them, and the Court had arrived at
the conclusion that the evidence to establish Barber's
connivance with the frauds of Fletcher, alleged against
him, was of too doubtful a nature to induce them to con-
tinue his exclusion any longer, and therefore the Court
ordered the rule for his re-admission to be made absolute.
Rule made absolute accordingly.
THE QUEEN ON THE PROSECUTION OF JAMES WHITTAKER
AND OTHERS RESPONDENTS V. JOHN LORD APPELLANT.
This was an appeal against a conviction in which the
trustees of the turnpike roads of Burnley and Rochdale,
and the commissioners of the town of Rochdale were
concerned, and the question was, whether under certain
general and local acts the trustees of the roads have the
power to levy tolls in respect of paving-stones used in
the town.
The Court quashed the conviction.

And Sergeant Vincent Gummer, 21 C, charged with
unjustifiable violence in dispersing the crowd in Park-
street.

BAY ifARKET THEATRE.

(From. the Morning Herald of this day.)
The Provoked Husband was revived at this theatre
last night, the two principal characters being sustained
by Miss Cushman and Mr. Howe. We do not remem-
ber when this once popular comedy was last performed
in the metropolis, but some five-and-twenty years ago it
was acted with great excellence at Covent Garden, dur-•
ing the period of Miss Fanny Kemble's earliest dramatic
experiences. That it has not been more frequently re-
presented is a matter of little surprise, for although as a
picture of the fashionable and domestic manners of the
last century it enjoys a high reputation, it has ceased to
be the type of anything of which a modern audience has
cognisance ; and hence it now awakens but a compara-
tively small degree of interest.
Actresses of the highest rank have from time to
time essayed the part
,of the restless and infatuated
Lady Townley. That Miss Cushman would analyse
the elements of the character with shrewdness and
ability we were sure ; but an intelligent survey of
a part like this is not, at all times, realised by a
successful embodiment ; and here was an instance.
Miss Cushman is not by any means a happy ex-
ponent, of the gay and reckleis trifler, whose love of
pleasure and the excitements of the gaming-table so well
suggest the-lineaments of the frivolous and capricious
woman of the olden school. The delineation of the
scenes which precede the crisis wanted, as might have
been expected, the geniality and finesse of high comedy,
and grievously failed in the estimation of those who could
remember former portrayals. But in the last act, when
Lord Townley, chafing at the discreditable collision of
his wife with a clamorous creditor, openly admonishes
her, and by the severity of his reproof not only humbies
her instinct of resistance, but touches her better nature,
Miss Cushtnan was all that could be wished ; and to the
painful force of the address, in which she confesses her
humiliation in words of the deepest remorse and contri-
tion, the audience was far from being indifferent. Mr.
Howe, always sensible and manly, played the amiable
Lord Townley with his usual propriety ; and in the clos-
ing scene, when he details his provocations, asserts per-
emptorily his authority, but yields to the symptoms of
penitence and amendment, was impressively effective.
We need specify no further, excepting to praise Mr.
Rogers for the zest and heartiness which he threw into
his portraiture of the unsophisticated John Moody ; and
to observe that Mr. Compton and Miss Ellen Chaplin,
as the wilful and audacious children of the rustic baronet,
diverted the spectators immensely by their practica
escapades.

BAIL COURT.
(Before Mr. Justice Erle.)
THE QUEEN V. THE CHURCHWARDENS OF ST. CLEMENT'S

ttThhfleemE NEW METROPOLITANDANE VESTRIES ACT.
Mr.t churchwardens
Sergeantsummon
rnn Sah
vestryeo Shea appliedst.em
ee
en
It foraenngt:sp
Dumrasanuneads:tme
tauol
calling
nhageg
uponal isntsht
and 19th Vic., chap. 120, for the election of vestrymen
and auditors. A meeting had been convened, and cer-
tain vestrymen and auditors elected ; but it was con-
tended that that meeting and election was void, o❑ the
grounds that at that meeting the churchwardens refused
to allow certain gentlemen, who are properly rated to
the poor on a rental of 401., to be candidates for the said
offices, by refusing to allow certain voters to vote at that
election, on the around that they had not paid their
church-rates, made in May, 1854, the act requiring that
the ratepayer before voting shalt have paid all local rates
made within the six months previous to the election.
The learned sergeant contended that the church-rate in
question was void, because it included the payment of
certain local charges, such as the organ blower, &c.
The ratepayers had not the power of testing in the
Ecclesiastical Court the validity of the rate, the
initiative being with the churchwardens; but that,
where their civil rights were affected, they might
bring the question before the court in the manner he
had done. The appointing a ratepayer named Huggett
an inspector of the election, who was himself a candidate
for the office of vestryman, was an improper proceeding.
The act did not, be said, enable the churchwardens to
refuse a candidate for the office of vestryman who had
not paid his rates.
Mr. Justice Erle said this was a very important appli-
cation, and he would state his decision to-morrow
morning.
Mr. Sergeant Shea said the object of this application
was to prevent the continuance of mere excitement and
ill-feeling in the parish than was actually necessary. If
the learned judge did not grant the rule now the persons
elected would take office this afternoon, and consequently
the applicants would then be driven to a quo warranto,
which would be a more expensive proceeding, and throw
greater difficulties in the way of a speedy and, it was to
be hoped, amicable settlement of the dispute. After
some further observations from the learned sergeant,
Mr. Justice Erle granted the rule, and it was ar-
ranged that the practice of the court in issuing such
rules should be departed from, and cause shown on Satur-
day or Monday. His object in doing so was to put
an end as speedily as possible to any ill-feeling that
might exist amongst the parishioners. The other side
might on application have the hearing adjourned to next
term.

(From the Morning Post.)
The style in which the Provoked Husband was per-
formed last evening deserves great praise. Mr. Howe,
as Lord Townley, is gaining fresh laurels as he proceeds,
and evidently increases in means in proportion to the
difficulty of the situation. The Mr. Manly, by Mr. W.
Farren, was a very satisfactory effort. Sir Francis
Wronghead, by Mr. Chippendale, was exactly what it
ought to be ; John Moody found a very judicious and
natural representative in Mr. Rogers ; and Squire
Richard and Miss Jenny, in the hands of Mr. Compton
and Miss Ellen Chaplin, furnished the necessary breadth
of humour to the piece. The Lady Grace of Miss
Swanborough was by far the very best of her dramatic
efforts; and in Lady Townley Miss Cushman, if she dis-
played a little too much gesticulation in the earlier
scenes, by the pure and effective performance of the last
compensated far all. The sympathies of the audience
were fairly subdued by the simple earnestness of her last
appeal to her offended husband, aad their tears were a
just tribute to the consummate skill of the actress.

POLICE INTELLIGENCE.—(This Day.)

THAMES.

- -
BENEVOLENCE.—This morning on our reporter enter-
ing the court, Mr. Ingham announced that he had re-
ceived the very handsome donation of 501. for the poor-
box, from Lady C. 8., and he should be obliged if the
donation was noticed in the journals.
BURGLARY AND ROBBERY.—John Spearman. and
Richard Dunmore, young men, were brought before Mr.
Ingham, this morning, directly he had taken his seat on
the bench, and charged with the commission of a daring
burglary and robbery on the premises of Mr. John
Bond, mast and block maker and ship-smith, Fore-
street, Limehouse.

(From the Daily News.)
The Provoked Husband was revived last night. The
performance was careful, and on the whole good. Miss
Cushman essayed the part of Lady Townley, and
was injudicious in doing so. This lady, with all
her merit in her own line, ought to have known that
Lady Townley is entirely out of it. She has neither the
face, person, voice, nor manner belonging to the grace-
ful, elegant, gay, frivolous, high-bred woman of fashion.
It was only in the last scene, which approaches to tra-
gedy in its display of passion—the scene of Lady Town.
ley's sudden penitence and reconciliation with her hue-
band—a scene, by the way, out of keeping with the
inveterate levity of the character—that Miss Cushman
made anything like a strong impression. That scene
was warmly and deservedly applauded. Mr. Howe and
Mr. Farren made as much of Lord Townley and Mr.
Manly as could be expected. Miss Svvanhorough was
a graceful Lady Grace. She acted the part "soberly,"
and at the same time pleasantly. The " Wronghead"
scenes went off with spirit, and caused much amusement.
Chippendale was the Old Squire, Compton was Squire
Richard, Miss Ellen Chaplin was Miss 'Jenny, and
Rogers was John Moody. All excellent, especially
Compton and Miss Chaplin. The play is worth seeing
as now acted.

Mr. Bond stated that his water-side premises consisted
of a mast-yard, adjacent to the river, and were secured
with four upper and lower shutters next the Thames.
These shutters were fastened with buttons. His dwel-
ling-house was over the mast-yard, and he slept on
the premises. On Friday night last, at 12 o'clock, he
beard a noise, which he -thought proceeded from the
salt wharf adjoining, and he went to sleep again. On
Saturday morning, his boy, on going down stairs, disco-
vered the mast-yard had been entered from the river.
The thieves unfastened the shutters fronting the Thames
and silenced his dog, which he heard barking for some
time. They forced open a door at the bottom of the
stairs of his dwelling-house and put the dog inside.
The burglars had carried off a good deal of property,
and broke open a desk from which they abstracted 100
" patent roller cogues." They also took from the mast
yard a quantity of brass sheaves, 25 lbs. of sheathing
copper, 140 or 150 brass rollers, 6 or 7 lbs. of copper nails,
several packets of files and other property. A pistol bad
also been stolen from a pistol box left in his charge by
the captain of a ship. An attempt had been made to
I rce open two iron safes; which resisted the attempo of
the burglars. He had some knowledge of the man with
the smock frock (Spearman), and had seen him about
the yard several times.
Thomas Barlow, a boy, and servant t 3 the last wit -
ness, gave similar evidence, and added that he found
81 cogues in the mud fronting his master's premises on
Saturday morning.
Mr. Bond—The thieves dropped the cogues in the
mud when they retreated from the premises, and we
found them at low-water mark.
Thomas Attwood, a police constable, No. 422 K, who
was in a very weakly condition, said that on Sa-
turday morning last, at six o'clock, he saw the
prisoners and another man crossing Salmon's-lane, Lime-
house. Spearman had a large bag containing some heavy
material on his back. He intercepted them near the
Ratcliff workhouse, and asked Spearman what he had
got in his bag. The prisoner refused to tell him, and a
struggle ensued, and he made his escape. Last night
he (witness) met the prisoners in the Commercial-road,
and took them into custody.
The prisoners were remanded until Saturday.

(From the Morning Advertiser.)
This theatre last night, by way of varying the charac-
ter portrayed by Miss Cushman, put up the old-
fashioned comedy of the Provoked Husband, in order
to show that clever actress in Lady Townley. Whatever
this lady does is sensible, and marked with a strong
intellectual conception; but, unfortunately for her, Lady
Townley is a being without sense, and seems incapable of
an intellectual operation. She is meant to be a gay,
giddy, handsome, lively woman, abounding in animal
spirits, and with a strong addiction to pleasure and keen
excitements. Her spirits are in a perpetual ferment,
and it is certainly more• her misfortune than her fault she
does not live happily with her formal, not to say prig-
gi,h, husband. They are the very opposite of each
other, and much might have been said in the lady's de-
fence had the dramatist's cue been to expose harsh hus-
bands.

To depict " this Cynthia of the minute," to give hue
and tone to her careeloon-like character, is not an opera-
tion of intellect, nor the product of thought and study.
It is, therefore, quite out of the range of Miss Cushman.
Her assumption of the wayward yet charming woman of
quality and pleasure had no reality in it, and her airs
and graces seem ridiculous stage amblings. She gives
some vigour to the character when the resentful wife re-
torts in a bon mot or two, and was really effective when
she represents her repentance in the last scene. It is
certainly in the real and sterner emotions that Miss
Cushman excels ; •though her understanding is so good
that she has the power of indicating any character she
selects ; but indication is not performance.

SOUTH WARK.
MORE DEALINGS WITS RUSSlA.—Cornelius Bowen, a
labouring man, was brought before Mr. Combe, charged
with stealing about a hundredweight of Russian tallow,
i;he property of Messrs. Scovell and Company, wharfin-
gers, Tooley-street.
William Lawson, a foreman in the employ of the pro-
secutors, said that on Monday morning they were un-
loading a quantity of tallow just arrived from Russia,
and the prisoner was employed in the gang. From in•
formation he received he went to the wharf and gave the
prisoner into custody. He had a bag of tallow in his
possession weighing a hundredweight and two quarters,
which he was carrying away from the wharf.
Mr. Landon, an engineer, residing in Tooley-street,
said he was passing by the wharf when he saw the pri-
soner break the head of a cask in and take out a quantity
of tallow which he put into a bag. Witness went and
told Lawson what he had seen, and the prisoner was
given into custody.
Mr. Combe asked where the tallow came from ?

Lawson replied that it was sent direct from RasPia,
but through Prussian merchants for English trade. The
firm in this country had connexions in Russia at the pre-
sent time, and large dealings were daily taking place
between them. The tallow in question was very dear at
present, being at the rate of 735. per cwt:
A gentleman who attended from Messrs. Scovell's
stated that robberies of tallow were so frequent at their
wharves that they were compelled to employ men to
watch the labourers. The tallow in question was worth
nearly 41., and was scarce in the market, owing to the
present war with Russia.
In answer to the charge, the prisoner said the head of
the cask fell out, and the tallow rolled about. Ile only
picked some up, but did not intend to steal it.
Mr. Combe said that if he pleaded not guilty, he must
send him to the Sessions for trial, as the evidence was
so conclusive against him.
The prisoner said that if such was his worship's opi.
nion he must plead guilty, but he rived he would deal
leniently with him,
Mr. Combe accordingly committed him to the Hou.e
of Correction at Wandsworth for three m ,nth,, under
the New Criminal Justice Act.

A DAY IN SEBASTOPOL

BY A YOUNG CAVALRY OFFICER.
Nov. 2.—My last sleepy letter, or rather note, was
written after my return from a lengthened survey of tho
ever-interesting town--or, more correctly speaking, fort-
ress of Sebastopol, when I was completely were out' by
the fatigue undergone during a ride, walk, run, and
scramble of six hours' duration. I will now give the
details. Our party consisted of four officers, and having
provided ourselves with a French pass, we started at a
quarter before 12 o'clock, and entered the city by the
Woronzoff road, thereby having the English front, or
Karabelna'a, to the right. We first stopped at the thea-
tre, which, since my former visit, has evidently been on
fire ; probably some of the shells from the northern side
have had something to do with this. From the theatre
we went towards Fort St. Nicholas ; afterwards we
turned to our left, and through one of the principal
streets, now occupied by the French, who, having re-
paired many of the houses, to make theta habitable,
have set up restaurants in abundance. At the end
of the street we had a complete view of Fort Con-
stantine on the opposite side, which I do not
think can fire down this street. Hence we went to the
extreme left of Sebastopol—that is, supposing a person
on Cathcart's-hill, looking towards the city, he would
have the part we went to on his left hand. We came
now to the main bastion, which is close to the ruins of
Fort Alexander. Here commence the regular fortifica-
tions of stonework, having every here and there outworks
of earth, where the ground admitted of their being ad-
vantageously placed. The effects of shot and shell were
curious ; the walls were in regular holes, but, from the
softness of the stone, a hole was made without shaking
or crumbling down the walls. In one place the whole
wall was down ; but it was evidently the result of an ex-
plosion from a magazine, probably fired by the Russians
themselves on their retreat. We were walking here
very leisurely, having left our horses some distance be-
hind, by the advice of a French artillery officer, who
said such a mounted party would attract attention and
draw down a fire upon us from the opposite side, when
all of a sudden bang went a gun, and whiz came a shell,
which burst close over our heads. Following the ex-
ample of the French picquet guard, down we fell on our
stomachs on the ground to avoid the splinters. As
this was no gentle hint, we were prep firing to return,
when bang went another gun (we had evidently
attracted attention), and we were on the ground
again in a' second. The French guard, who from expe-
rience knew the difference in sound between the flight of
a round shot and shell, were aware that a round shot
was coming, and not only did set us the example this
time of prostration, but laughed most heartly at seeing
us all on our stomachs, and so did we when we rose up.
We turned our backs on Fort Constantine, and I found
my legs with a strong disposition to move at •‘ double
quick," but that would have been infra dig. Before we
got back to our horses, however, another shot was fired,
and we all found we had walked fast enough to get
" very hot" on mounting. I brought away a piece of
the stone of which the bastions are built, as you desired,
to enable you to identify the rock from which it was
taken. The same stone is employed in the construction
of all the forts. On our return we kept to the left, so
as to make the circuit of the town. A bastion of earth

attracted our attention ; it was tremendously strong,
and the ditch so deep that it could not have been leapt
into without the risk of breaking limbs. The French had
evidently paid it great attention during the siege, as
it was strewed with fragments of shells ; but still it
looked as formid this as ever, and seemed to grin like
another Malakhoff. There was not any one at hand to
tell us its name. It seems strange that such defences
should have been abandoned in consequence of the loss
of one work, and yet had the Russians held on fur another
week after the loss of the Malakhoff, the whole garri-
son would have been taken prisoners. We got to our
tents at nightfall heartily tired.
What do you think I am going to do this evening ?
Nothing less than give a dinner. My table only admits
of one guest, and my dinner service is only enough for
one person ; so I must go begging for a knife from one,
a spoon from another, and so on. The bill of fare is
soup, roast leg of mutton, and plumb-pudding ; potatoes,
of course ; wines (port and sherry), and beer. Is not
this grand ? Poor John never had so many pots on the
fire before. I hope be won't mistake one dish for the
other, and bring the plumb-pudding first. How I should
laugh ! I forgot to mention my candlesticks : they are
two glass bottles, which once contained beer. What
would Lord C., of the 10th Hussars celebrity, say to
that ? Adieu ! I shall tell you how the dinner went off
in my next. _

The cavalry are under orders to embark for the Bos
phorus.