The Sun.
London, England, 1855-07-19 00:00:00

PRIVY CO UNCIL.

The Lord Just,;;;l:l;ighlßruce, the Lord Justice
Turner, the Chancellor of the Duchy of Cornwall, and
Sir E. Ryan, heard appeals to-day in the Council Chain-
her, Whitehall, but nothing of interest came before their
lordships during the morning.

(Before Vice-Chancellor Wood.)

THE ATTORNEY-GENERAL V. STEPHEN LYNE STEPHENS.-

PUTNEY CHARITY.

The arguments in this case, which were commenced
yesterday, were resumed to-day, and occupied his
Honour the whole morning. The case came before the
court upon an information filed by the Attorney-General
for the purpose of obtaining the declaration of the court
whether about six acres of land, forming part of the
Roeliampton estate, were subject to a charitable trust
for the benefit of the church and poor of the parish of
Putney,. The information also asked the laud in
question, which was in the -possession of the defen-
dant, should be transferred to the churchwardens and
overseers of the parish of Putney upon trust for
the church and poor. In support of this view of the
case it was alleged by the information that up to and
before the year 1634 the land now sought to be reco-
vered was in the possession of the churchwardens and
overseers cf Putney, and that in that year they let the
land in question to the Earl of Portland as tenant at
will, for the sum of £6 yearly, and upon that occasion
the following agreement was drawn up between them :
—" Whereas there lyeth within my New Park and se.
veral grounds at Rouehampton divers parcele of land
web doe contain by estimation six acre and a half bee
they more or lese, and doe belong to the Church and
poore of ye pish of Putney in ye county of Surrey for
will lands lying dispensed wth in my said grounds,
being heretofore ordayned for good and charitable use,
I am desirous and willing to give a full and yearly
valuable yearly rent, and satisfaction, and doe promise
ann agree to pay unto ye churchwardens and overseers
for the pcore of ye said parishe, for ye tyme
being yearly ye sum of six pounds, the same to
bee paid at the Feast of St. Michael the Arch-
wage], and ye Annunciation of ye blessed Virgin Mary
henceforth by seven portions yearly ; and I doe
further promise and agree to make such further assurance
thereof as by Counsell learned in the law shall be ad-
vised, and to sell out sufficient land of a better value
for the performance thereof, well I shall either tye for
ye payment of ye said yearly rent, or otherwise assure
and convey to such pson and their heires, and shall, by
the vestrymen of the said parish, or the greater part of
them bee nominated to be feoffees or trust for the same.
In witness whereof I have hereunto sett my hand and
Coal, the Ist day of Sept. in the 11th yeare of the reign
of our most gracious Sovereigue the Lord King
Charles. " PORTLAND."

From the time of the execution of that agreement up
to the present moment the property, as it was alleged,
had descended from one individual to another,. until
finally it came into the hands of the respondent ; the rent
of 6/. a-year had always been regularly paid by all par-
ties. In 1851 the churchwardens of Putney demanded
an increased rent for the respondent, and upon his re-
fusing to accede to that demand, the churchwardens
served him with a notice to quit. The respondent
at once repudiated the right of the churchwardens to
adopt any such course, and upon an application being
made to him for that purpose he refused to allow the
churchwardens to take any steps for the purpose of ascer-
taining the boundaries of the alleged parish land.
Under these circumstances the present information was
filed. The principal question in the case arose upon the
agreement entered into between the churchwardens and
overseers of Putney and the Earl of Portland, in Sep-
tember, 1634.
Mr. Rolt, Mr. James, and Mr. Selwyn contended on
behalf of the information that it created the relation of
landlord and tenant, and that the payment of rent
amounted to an acknowledgment, by the different
owners, of such tenantcy.
The Solicitor-General and Mr. Hobhouse, on the part
of the defendant, submitted that the agreement only
created a perpetual rent charge in favour of the parish
in lieu of the land, and subject to that charge. The
land had been conveyed to the defendant's father, under
whom he claimed.
The arguments appear likely to occupy the Court for
some time.
Nothing of any interest occurrod in the Rolls or the
Vice-Chancellors Kinderaley or Stuart's Courts.

THE LATE DISTURBANCES IN HYDE-

PARK.

INQUIRY INTO THE ALLEGED MISCONDUCT
OF THE POLICE—(THIS DAY.)
The commissioners resumed their sittings this morning

at a quarter to 11 o'clock.
Mr. Mitchell wished to call the c)mmissioners' atten-

tion to a case that had enlisted his sympathies in the
hope it would that of the commissioners. On Monday
as a young man, a professor of music, was leaving a
house in Carnaby-street, he was struck by a policeman
on the arm and the bone splintered.
Chief Commissioner Wortley asked what that had to

do with the inquiry ?
Mr. Mitchell said it referred to the conduct of the

police.
Chief Commissioner Wortley said they did not sit
there to make a general inquiry into the conduct of the
pollee, but their conduct on a particular day and place.
Mr. Mitchell wished to hand the letter containing the
statement he had alluded to, with the surgeon's certifi-

cate, for their consideration.
Chief Commissioner Wortley said they could not
entertain it ; Mr. Mitchell had better forward it to the
Home Secretary, or the person aggrieved could petition

Parliament.
Mr. Commissioner Armstrong said it was out of the
power of the commissioners to entertain the application.
Chief Commissioner Wortley said, then entertainig it
would be an impertinent interference with the duties of
other persons.
Mr. Mitchell then proceeded with his charges against
the police on the Ist inst. He called
Mr. Henry John Luce, of 5, Philpott-street, Commer-
cial-road East. He attributed to the conduct of the
police the cause of the disturbance that occurred that
day in Hyde-park. Whilst he was there he heard shout-
ing at the carriages as they were being driven along the
road. There was much joking going on. He particularly
noticed the conduct of a superior of police on horse-
back, who communicated with the police, imme-
diately on which they rushed on the people inside the
railing and between that and the Serpentine, striking in
various directions. In the evening he walked down
Park-street, smoking a cigar. There was a crowd of
persons in front of Lord R. Grosvenor s residence, but
peaceable. Suddenly there was slight shouting, evi-
dently proceeding from a small number of persons.
There was then an immediate rush of the people in con-
sequence of the mysterious appearance of a body of po-
lice. The crowd was dispersed almost in a minute, and
he found himself surrounded by about 30 policemen.
He became alarmed, and considering it was their object
more to inflict injury than to apprehend delinquents, he
turned down an adjoining street to get out of their way ;
just as he did so he received a violent blow on the back
of the head, which knocked off his hat and cut his head
open, and the blood flowed copiously. He remonstrated
with the policeman as well as be was able in his excited
state. The police would not allow hint to have his hat
or give him protection. He eventually recovered
his hat, and made the best of his way home.
He suffered much inconvenience from the wound for two
days. In the Park he heard temperate remarks made
by groups of persona on the Sunday Trading Bill. There
were no persons addressing the multitude. Some horses
were frightened.
Cross-examined—He thought the demonstration was
to show the popular feeling against a hypocritical bill.
Chief-Commissioner Wortley—Against the Sunday
Trading Bill ?
Witness—Yes. That all should be tarred with the
same brush.
Witness—Several times the superintendent's horse
was frightened by the shouting. He thought a demon-
stration could be harmlessly made. He thought some
in the carriages sympathised with the crowd. He no-
ticed several instances where policemen acted with great
propriety and forbearance. It appeared to him too
stringent orders were given by the superintendent of
police as the day advanced.
By the Chief Commissioner—lt was seeing persons in
Oxford-street looking down Park-street that attracted
his attention, and he went into Park-street from curi-
osity.
Mr. Charles Ogle,_ master. tailor, 55 Mount-streef

Grosvenor-square, said the shouting in the Park was
less than on the previous Sunday. He saw a larger
number of well dressed ladies walking there than he ever
recollected to have seen before. The crowd was very
orderly. Ho noticed particularly a policeman mounted
on a chesnut horse, striking the people with his whip.
the people said it was Superintendent Hughes. The
witness was about to describe the policeman's appear-

ante, when
Mr. Ellice said it was Superintendent Hughes.
Witness said the people expressed to each other their
opinion of his conduct. He described the attack of the
police on the people in driving them from the rails, and
the occurrence in Park-street, in similar terms to the
witnesses already examined. He added the police
marched to Park-street five abreast with their trun-
cheons under their coat tails, and when opposite Reeve's-
mews they took them out and rushed on the people,
young
git was difficult to take a
mwaanrwnihnogsewabseafidrswt was cut
atpono policeman's
strikingchb ee p
imee:dwnoi
post
gthe.
number;
bWitness
saw a
great
ffrom
ysmaoi
ud No
the scroll work around the
figures.
Cross-examined by Mr. Ellice—Witness was positive
Superintendent Hughes struck the people with his whip.
He did not think it dangerous for persons to drive in
the Park.
By Chief Commissioner—He bad lived in Mount-street
twenty-seven years, and frequented the Park every
Sunday. He thought there were as many vehicles fre-
quented the Park now as ever.
But they are not of the class they were ; tberearo not
so many carriages, and the occupiers are not of that class
they were, are they ?—No, hot so many carriages ; for
many gentlemen who used to keep carriages now keep
broughams.
Mr. J. Ingram Lsoacikdhtahr, of Dals
ethissingatpond, late
shou c
tina:idnidathte
so boisterous as he bad witnessed at
forPa rNk
hustings°wrethroeanmnPott°n' elections. The crowd was good tempered.

He saw 80 policemen pas, with their handy under their
e:yit tails. By their side was a inounte.l inspector or
superintendent, who used such expressions m—" d —r;
your blood, why don't you rush in an•' pull them out.
The police on several o3casionsdeclintdto obey the orders,
and appeared to be disgusted with the orders so given ; he-
saw several rersons taken into custody, some with
their heads bleeding. ; saw them take off Mr. Mair ;
they toted towards him as if ho were a criminal ; he
offered no resistance.

Mr. Richard Fuler Sandell, furnishing undertaker,
50, Mount-street, Grosvenor square, drove through the
Park, accompanied by his wife, about half-past four
o'clock on the afternoon of the Ist inst.; he drove the
Bayswater side, and received no annoyance ; he saw
from his house a very large crowd approaching Lord
Robert Grosvenor's house from the park. He went
out to see the =se of it, and whilst speak-,
ing to a friend, an inspector came up a„„
ordered him off. He remonstrated, when the
policeman struck him under the ear, and after under the
back part of the head ; he ran away into Reeve's-mews
and through a brougham to get out of the policeman's
reach ; he then saw the same policeman strike a man on
the face, smashing in his cheek, and on the man remon-
strating, he replied—" Conie, go on ; go to the hospital
and get your wounds dressed, or I'll give you three
times as much as before." 'He saw the following day
that Lord Robert Grosvenor's windows were broken.

Mr. Robert Sims, clerk to a building society, was in
the Park. near the Receiving-house, about 3 o'clock.
The people were very quiet until police-sergeant 12 A
came up with about a dozen policemen and attempted to
clear the carriage way. In doing so a young gentleman,
about 20 years of age, and apparently in delicate health,
was about to obey the orders, when police•sergeant 12 A,
as he was stooping, pushed his head against the railing.
He expostulated at receiving such rough usage. Police-
sergeant 12 A then took him by the collar and the thigh
and threw him into the crowd. There was a shout of
indignation from the crowd at such conduct. 429 A
told a man " You had better keep out of my way,
or I'll mark you." He was unable' to say what led to
the remark. Witness said to 429 'A that his conduct
implied revenge, which was very wrong in him. He
replied, with a sneer, " The people had'nt pluck enough
to fight." The policemen had a preference for boys—
two policemen generally seizing one boy. He saw In-
spector Hughes coniniunicat.e with the police, and his
riding amongst the crowd caused much dissatisfaction.
Witness saw another policeman act similar to P S 12 A.
The majority of the people wera in the Park, he
thought, from curiosity. The only person he saw
haranguing the people was an advocate of teetotalism,
but he had int many more than 20 persons listening to
him.

Cross-examined by Mr. Ellice—He thought in both
cases the parties were roughly thrown over the rails.
There appeared to be no ill-feeling against the police
until they misconducted themselves. The man spoken
to by 429 A had not the appearance of a pickpocket.
Mr. George Jennings, writer on glass, 11, Gray's-inn-
lane, walked from the receiving house to the centre of
the Park and heard the people conversing about the
brutality of the police. The noise:in the Park was not
sufficient to frighten a horse.

(LEFT SITTING•)

SUNDAY BEER BILL COMMITTEE.

(THIS DAY.)

The Committee of Inquiry resumed their proceedings
this morning at the usual hour ; Mr. H. Berkeley, the
chairman, presiding.
The first witness examined was Mr. Wakley, one of
the Coroners for the county of Middlesex.
He stated that he had filled his present office since
1839, and held between eleven and twelve hundred in-
quests annually. As a general rue so far as his obser-
vation went the feeling of the people against the Beer
Act of last session was one of violent hostility. His
own impression with regard to the construction of the
words bona fide traveller was, that they applied
to any person who was away from his home.
Were he a publican be would supply any person with
refreshment within the prohibited hours if he did not
know him as a resident in the neighbourhood. He was
opposed to the principle of public-houses being under
the continued surveillance of the police—and he believed
that nothing was more calculated to bring the civil force
into disrespect than this very circumstance. So far as
his experience went, it had confirmed him in the opinion
that publicans, as a body, discouraged drunkenness ;
for the simple reason, that no persons were more annoyed
by drunken people than the publicans themselves.
lie thought publicans generally wished to encourage
a respectable, sober class .of persons to attend
their houses. In his district the publicans conducted
their business in a most exemplary manner.
The Chairman—Have the number of inquests held by
you on deaths arising from the effects of intoxicating
liquors been in any way diminished since the passing of
the new beer bill ?

Mr. Wakley—By no means.
Examination continued--He regretted that the labour
of the week did not terminate at two o'clock on the
Saturday. The business of the week was Lt present
pushed so far into the Sabbath that the working man
had little or no time for recreation on that day. He
thought the restrictions placed upon the working classes
by the operation of the act were not only very objec-
tionable, but would never in his opinion accomplish the
end in view. From his knowledge of the working
classes, he did not believe that drunkenness could ever
be restrained so as to attain the end in view
.by_leaisla-
tive
enactments. He believed, on the other hand, that the
education of the people, and the consequent cultivation
of a higher tone of moral feeling, would sooner and more
surely accomplish the desired effect. .
The Chairman—Then you are a firm advocate for the
education of the lower classes, in order to remove the
opprobrium which has been attached to the working
man, that he was best known by the fact of his making
his mark instead of being able to sign his name ?

Mr. Wakley--Most decidedly.
Examination continued—He had bad excellent oppor-
tunities of forming an opinion upon the state of educa-
tion amongst the class of persons with whom be was
brought in contact in the capacities of jurymen and wit-
nesses ; and the large majority of the latter could not

write.
By Mr. Villiers—lt was true, in his official capacity,
he had had few opportunities of judging personally of
the actual inconveniences of the working of the act ;
but he spoke from what he had heard and seen. His im-
pression was that the Legislature had not acted towards
the licensed victuallers an justly as they ought to have
done compared with other classes of tradesmen ; and if
another opportunity were afforded him of coming before
the committee he would undertake to give them a
history of what he considered to be the griev-
ances of the licensed victuallers. He distinguished the
licensed victualler from the beer shop-keeper in making
this remark. He did not think there was any prejudice
amongst the public against the licensed victuallers as a
body of tradesmen. The unfavourable opinion he had
alluded to as being entertained towards them existed in
the House of Commons only, and he had observed that
to be the case when he sat in the house.
Mr. Villiers—Do we understand you to mean that
you are in favour of the abolition of all restrictoins upon
public-houses
Mr. Wakley—By no means. I consider the restric-
tions imposed by the Beer Bill were unnecessary. They
have been followed by no good results, they have created
a hostile feeling in the public mind, and they have, be-
sides,' altogether failed in accomplishing their intended
object. But at the same time I consider some restric-
tion is necessary, and I have therefore always approved
of the closing of public-houses from twelve o'clock on
Saturday night until one on Sundays. This gives the
publican himself an opportunity of attending some place
of worship iu the morning.
Examination continued—He bad never, throughout

an extended experience and much conversation with
landlords, with whom he was continually brought into
contact in the fulfilment of his public duty, heard a
single opinion expressed by them favourable to the new
Beer Bill. If be were consulted, he should say, open
the public-houses from one on Sundays until three in the
afternoon, close them then until five, after which hour
let them remain open until half-past eleven at night.
By Sir J. Vakington—Whatever inconvenience was
occasioned by the closing of houses so early on Sunday
evenings, in his opinion it bore more heavily upon the
middle classes than the lower.
[LEFT SITTING.]

RECRUITING IN CANADA FOR THE FOREIGN LEGION.—
About 60 recruits for the Foreign Legion in the Crimea
arrived here from Montreal by yesterday morning's
steamer, and immediately embarked on board the
schooner Hannah Swan, CaPtain Fox, which has been
chartered by Government to convey them to the depot
a,tlHalifax. They are as raw looking a set as ever accepted
the Queen's bounty, are principally Germans, and com-
manded by a recruiting officer who will escort them to
their destination. We observed several Irishmen among
the draught, but were informed that these will not join the
Foreign Legion ; they are to be transferred to regiments of
the regular service. This is the first detachment of volun-
teers that has come down.the St. Lawrence from the
west ; we are informed, however, that hundreds have
been directly sent from the United States' ports to Hali-
fax, and that many more will be forwarded by this route
dining the season. Nearly all those who arrived here
were enlisted in Niagara.—Quebec Morning Chronicle.
The Montreal Gazette says:—" Thirty recruits for the
British army in the Crimea arrived in this city on Sa-
turday, and have since been lodged'in the barracks here,
where there were already four others. It is as yet un-
determined, we believe, whether they will be sent to
Laprairie, to be drilled there, or proceed to Quebec.
They are made as follows :-21 Germans, 1 Pole, 1
Hungarian, 4 Englishmen, 3 Irishmen, 3 Canadians, and
1 Scotchrnan ; 2 were clerks, 2 surgeons, 12 mechanics,
and 18 farm labourers, sailors, &c. ; 4 were enlisted in
Montreal, 6 in Upp r Canada, and the others came from
the United States to volunteer." The Montreal Pilot
says :—" We yesterday visited the barracks for the pur-
pose of seeing recruits lying here, waiting to be for-
warded to their destination, to form part of the Foreign
Legion in the Crimea. They are upwards of 30 in num-
ber, and the majority of these we saw were under 20
years of age—young, thoughtless lads. They are en-
listed for 3 years, at $8 a month—this is very little more
than the old miserable is. a day for the British soldier.
These recruits are chiefly Germans. There two
or three Irish ; and Pat here was just as we alwaysfind
him when poor and friendless—brimful of humour. In
the course of conversation Pat expressed his ahfxietty a
o
be sent off before Sebastopol was taken, forhi
is w,
taken before he got there he would lose, all. ht e
forroytn
rn.
There is but one Scotchan in thempoani y ,
h sin e
Canada.
Glasgow, and has been about 16 t
With him it was the old stor,y,The joined the Legi,n
because he was on the spree.