The Sun.
London, England, 1855-01-15 00:00:00

THE SUN, LONDON, MONDAY EVENING, JANUARY 15, 1855.

LAW INTELLIGENCE,—Jan. 13.

COURT OF QUEEN'S BENCH.

(Sittings in Banco.—Before Lord Campbell, and Justices
Coleridge, Wightman, and Crompton.)

THE QUEEN V. SIR HENRY DR LA BECHE.-RATEABILITY

OF THE GEOLOGICAL MUSEUM.

In this case a rate had been struck by the parochial
authorities of St. James's for the Geological Museum in
ohni hh
aSdi r a
pHenrypeal
ed
,Daen
and
a with Beche,the
oJne rbme yh
an
f street,o f t
that
at
consent of the parties the facts were set forth in a special
aginaisntisttut which
case for the opinion of this court on the question whe-
ther there was such a beneficial occupation of the pre-
mises as would render them liable to be assessed to the
relief of the poor. The arguments were heard last term,
and were at the time fully reported in our columns.
Their lordships took time to consider their judgment.
Lord Campbell now delivered the judgment of the
court. He said that on the ground that the property
was in the exclusive possession of the crown for public
purposes the court was of opinion that no one was liable
to be rated for it. Her Majesty was seized of the pro-
perty in fee simple, and though by the 8 and 9 Vie.,
c. 104, the Commissioners of Woods and Forests were
entitled to take and use the property, they could only do
so for the purposes of management, and not for the pur-
pose of occupation. Undoubtedly the land might have
been so occupied as to render somebody liable, but in
this case there was an occupation by certain persons
with tho sanction of the Lords of the Treasury, under
the authority of Parliament, but there was no bene-
ficial occupation in any one. The case said that the rate
was to be affirmed if any one was in the beneficial occu-
pation of the premises, and therefore it was incumbent
on the respondents to show there was such a beneficial
occupation in some one. It was not contended that Sir
Henry de la Beche was a beneficial occupier. The case
as against the Commissioners of Woods and Forests had
been very soon abandoned. The Lords of the Treasury
could not be shown to be such in fact, nor could any
inference of law to that effect be supported. The princi-
pal reliance of the learned counsel who appeared for the
respondents was on the supposed occupation of the pro-
fessors, but they had no occupation beyond that which
was necessary for the delivery of lectures. It was true
the professors were allowed to receive fees for their lec-
tures, but as they were only permitte,cl to occupy the
building for the purposes of instruction, they had
really no more occupation than the pupils. They
were only allowed to come at specified hours. Then it
was said that the housekeeper was the occupier ; but the
case found she had no more occupation than was abso-
lutely necessary for the discharge of the duties im-
posed on her by the Government. In point of fact,
there was no distinction between this case and that of
the British Museum, or between this and that of the
Royal Academy, when the latter was properly explained.
Mr. Justice Coleridge, who had concurred in the judg-
ment in the case of the Royal Academy, had explained
that the judgment in that case really proceeded en the
ground that the building was crown property. The ease
of the Queen v. Temple did not apply ; there the pro-
perty was vested in Mr. Kaye Shuttleworth, though as
a trustee, and besides there was a very beneficial occu-
pation. The case of Gambler v. Lydford had been
much relied on by the respondents, but in that case
the farm had been taken on lease, and there was a
beneficial occupation of it. On the whole the court
was of opinion that there must be judgment for the
appellant.
Judgment for the appellant accordingly.

COURT OF _EXCHEQUER.
(Sittings in Banco.)
GIBSON V. STURGE. -JUDGMENT.

The learned Barons delivered their judgment seriatim
in this case this morning.
The plaintiff, it appeared, was the owner of a vessel
on board of which the defendant had shipped from Odessa
a large cargo of wheat, which was to be delivered either
at the ports of London or Liverpool at a freight agreed
on between the parties. In due course the cargo was
delivered, but it was ascertained that it exceeded the
quantity supposed to have beea shipped at Odessa by
about 164 quarters ; the increase was caused by a bad
voyage, and the result was that the grain was saturated
with water, so much so as to swell it to a very great ex-
tent. The defendant refused to pay for more than the
measurement at the time of shipment. The present
action was, therefore, brought to recover the sum of
441. lie. sd. as the excess of charge for freight over the
original quantity as measured at Odessa. The action
came on for trial before Mr. Baron Martin, when
the jury, under the direction of the learned judge,
gave a verdict for the plaintiff, leave being given for the
defendant to move to enter a verdict. In Easter term
accordingly a rule was ,saoyed for and obtained, and
having been argued at some length, the court intimated
that as the question was one of great commercial im-
portance, they would take time to consider their judg-
ment. This morning, therefore,
Mr. Baron Martin, in delivering judgment, said that
the plaintiff in his opinion was clearly entitled to re-
cover. He could not concur in the view taken by the
other members of the court upon the question which had
been raised ; for if the doctrine of his learned brothers
were to prevail, the greatest amount of inconvenience
necessarily must arise. Hieown view was not adverse
to that which he understood was entertained by the
ether members of that bench—namely, that the claim
for freight ought to be regulated lay the quantity de-
livered at the port to which the cargo is consigned.
Now, if this doctrine were to exist as law, it would
in numberless cases lead to great delay in the pay-
ment of freight, as the parties would then have to
wait until the measurement had been ascertained from
the foreign ports where the discharge of the cargo took
place. It had been stated that to allow the charge for
freight to be regulated by the quantity of cargo delivered
on arrival would throw open the door to fraud. As to
this he did not see the force of the argument, for with
respect to any swell imaginary inducement to the com-
mission of fraud and a collusion between the master and
owner, the law was open to the consignee easily to ob-
tain redress. The main objection to the law which was
about to be laid down by the majority of the court was
in his opinion the large amount of inconvenience which
must ensue. He considered the plaintiff was entitled to
recover. Therefore the rule ought to be discharged.
The Lord Chief Baron was of opinion that the rule
should be made absolute, and that the plaintiff was not
entitled to recover for any quantity beyond that measured
at Odessa. Doubtless that quantity appeared to have
increased during the voyage. The precise cause of
that excess did not appear. This was quite clear.
A shipowner had no right to charge and receive
freight for carrying cargo except for carrying it from the
port of shipment to that of delivery. In the present
case the excess might only have been carried a few miles,
or for a few days, seeing that the swelling might have
taken place at any point of the voyage. The claim now
set up could not be maintained on the terms of the bill
of lading, neither could it be supported on the general
principles of law. The jury by their verdict had found
that the bulk had increased during the voyage, but as
that increase would go to damage the consignee it would
be repugnant to justice that that consignee should be
called upon to pay freight for the excess. Supposing a
case where the cargo consisted of sponge—the freight to
be paid by weignt—it would be most unjust not to per-
mit the consignee to squeeze out the water which it
might have taken up during the voyage, before the freight
was calculated. But in the present instance the precise
measure of the bulk which had been shipped had been
ascertained, and it was quite clear, therefore, that"any
excess must have been water. Something had been said
with respect to inconvenience as the consequence which
would ensue from the principle which the majority of
the court were about to lay down in this case. Now
the inconvenience would be far greater, as well as at-
tended with much danger, if it were to be placed in the
power of a shipowner to increase his charge for freight
by damaging the cargo. In his opinion it was far better
to make a man's duty and interest concur than to adopt
a contrary course. He was clearly of opinion that the
plaintiff could not recover, therefore the rule ought to
be made absolute.

Mr. Baron Alderson and Mr. Baron Platt concurring,
The rule was made absolute accordingly.

ADMIRALTY COURT.
(Before Dr. Lushington.)
THE KOTICA-PRIZE

This was a proceeding in pcenam—for condemnation,
and the court at once pronounced the vessel a lawful
prize.

THE VENGEUR—IIEID-MONEY.
The Queen's Advocate prayed for a certificate of the
number of men on board a Russian war schooner, taken
under the following circumstances :—On the night of
the 27th of June, 1854, while her Majesty's steam-
vessel Cuckoo (Lieutenant Murray commander) was
cruising off the Aland Islands, the officer of the watch
reported that a' Russian man-of-war, with colours flying
and her boats in tow, was standing towards her.
The crew of the Cuckoo were immediately beat to
quarters, and it was found that the enemy was a large
schooner crowded with noon, about a cable's length on
the starboard quarter, and that she was coming up
with the evident intention of boarding. On finding,
however, that the Cuckoo was an armed steamer, she
put her helm up and ran off before the wind towards
the ;land, throwing down her bulwarks and clear-
ing for action. The Cuckoo immediately wore round
and began firing shot and shell, several of the latter of
which burst on board the schooner. At one o'clock in
the morning the Cuckoo was near enough to fire grape ;
but Lieutenant Murray being ignorant of the rocks and
shoals amongst which the enemy was leading him, was
obliged to slacken speed. The result was that the Rus-
sians having gained nearly a mile on the Cuckoo were
enabled to make their escape to a small battery which
was about a hundred yards distant, but one of their
boats was observed to be struck by a shot and never
reached the shore. The helm of the schooner being
lashed alee and the sales trimmed, she ran out from the
land and was taken possession of by the Cuckoo, with
her colours and pendant still flying. On hoarding
her several papers were found scattered about, but
they referred to other vessels, and there was nothing
to denote the name and character of the schooner
herself, except
one found board, longand which w
the word Vengeur in small black
letters on her stern
broadside gun
on s and . She was pierced for four
gun, which was the only
and had had one of it, t
y gale, however, came on, and
The next
her pri dayze. the Cuckoo joined knocked off.
w it
as dismounted,
Admiral Plurnridge
eegasenttfior drive
h A
the schooner's anchors not holding,
she , b
a3hore, when the admiral ordered her to b
prevent her again falling into the hands of the
fine'em3:to,
Under these circumstances the Queen's advocate
prayed
the court, in pursuance of the 11th section of the Prize
Act, to grant a certificate that there were at the coins
mcncement of the action 60 men on board the Vengeur,
in order that the captors might receive 51. head money
fur each. 'his wag the course pointed out by the act

in cases like the present, in which the vessel had been
destroyed, in which there were no papers relating to
the manning of the ship, and in which the enemy's
crew had all escaped. The evidence of the number
was supplied by an affidavit of Lieutenant Murray and
three of his officers ; and when the Court recollected
that the schooner was 70 feet long, and was repre-
sented to have been " crowded with men," it would
probably bo thought that sixty was a very moderate
estimate.
Dr. Lushington pronounced for sixty men.

THE FOLEY-PLACE TRAGEDY.

LATEST PARTICULARS.
From inquiries instituted during Saturday at the
Middlesex Hospital, and also in Foley-place, it would
appear that the assassin, Luigi Baranelli, as well as his
intended second victim, Mrs. Lambert, as she is called,
are both likely to recover from the injuries they have
received, a decided improvement having taken place in
their condition.

With reference to the latter, whose real name is still
enveloped in mystery, and is likely to be so until the
obligation of an oath before a coroner's jury compels its
disclosure, since the murder she has been placed under
the care of her usual medical attendant, Mr. Allen, of
Dean-street, Soho, and of Mr. B. Norman, of Duchess-
street, who has acted as a kind of consulting surgeon
from the moment of the catastrophe with reference to
Mrs. Lambert up to the present time. In the course of
Wednesday the patient complained of more than ordinary
pain in the right side, and fears were entertained that
unfavourable symptoms were setting in, and that in all
probability a fatal termination would ensue. On Thurs.
day, however, the extraordinary pain of which she had
complained shifted its seat, and the impression upon
the mind of the medical man ii, that the circumstance
arose from the alteration in the position of the bullet,
supposed to be located in some portion of the patient's
chest. From this time Mrs. Lambert, as she must still
be called, until the disclosure of her right name takes
place, appeared to be gradually mendinz, On Friday
evening she was reported to be much better, and on Sa-
turday so great an improvement had taken place that
it was hoped she might be in a position sufficiently ad-
vanced towards convalescence to enable her to give her
evidence at the adjourned inquest on Wednesday.
With reference to the connection of the intirdered man,
Mr. Latham, with the wounded female, it appears they
have lived for many years together as man and wife, in
the neighbourhood of Dean-street. They were in the habit
of remaining inbed till mid-day, and then Latham was con-
tinually seen with a cigar in his mouth, but was in the
habit of coming out dressed in the evening, and spend-
ing a great portion of the night in a cigar shop in the
vicinity. The unfortunate man had been beard frequently
to declare, before he left his residence in Dean-street to
reside in Newman-street, that as soon as he could see the
party with whom he cohabited properly provided for,
he should forego the connection and go to the continent.
Regarding the horrible position in which Baranelli is
placed, together with the frightful injuries he has him-
self received, it is next to marvellous the rapidity with
which he appears to be approaching convalescence.
Since he has been in the hospital he has spent a large
proportion of his time in an apparently sound sleep, but
when he woke there was every indication of his perfect
sensibility and consciousness of every circumstance pass-
ing, around him. This fact was strongly indicated on the
occasion of the coroner's jury and witnesses surrounding
the bed of the then supposed to be dying assassin in the
hospital on Tuesday. When the screen by which lie
was surrounded was removed, Baranelli, with his one
eye (the other being covered), looked eagerly round
among the throng, and it was evident in an instant
from the expression of the features that it lighted on tho
object of his affections, Mrs. Williamson, who had been
brought to the hospital by Inspector Clively.
It has been already stated that Baranelli was a native
of Anoona, and on Thursday he was so much better as to
be enabled to sit up in bed and write a letter to his mo-
ther, who is living there, and which, it is stated, detailed
his horrible position, and the crime he had committed.
He requested that it might be posted without delay.
Baranelli, as he appears to get better, seems to be more
restless about the ultimate consequences of his crime,
which he frequently refers to, and as frequently expresses
a hope that he shall die. This circumstance has induced
the authorities to direct him to be closely watched by a
police constable, both night and day, an apprehension
being entertained that wnenever he has regained suffi-
cient strength, and the opportunity offers, he will make
some attempts upon his life. In order to insure more
vigilance in this respect, the constable at his bedside is
changed every six hours throughout the day and night.
Baranelli at times enters freely into conversation with
those around him, and requests the nurses to send for
Mrs. Williamson. As a proof of the consciousness of
his guilt, and the retribution in store for him should he
survive the injury he has inflicted upon himself, he fre-
quently expresses his fear that he shall live to die a
felon's death. On Thursday, while some of the medical
gentlemen attached to the hospital staff were standing
round his bed, one remarked how much better he looked
than he had done on the previous day—on which Bara-
nelli bitterly remarked, " Yes, you are making me well
so as to hang me," or words to that effect.

A remarkable circumstance in connection with the
tragedy also occurred at the Middlesex Hospital on
Thursday. During the morning a respectably-attired
man made a most pressing application to be admitted to
the hospital to see the murderer. The earnestness of his
appeal induced inquiries as to who he was, and what
was his object in wishing compliance with his request.
It turned out that thin person was Mr. Williamson,
the husband of the woman with whom Baranelli has
asserted he has been on such intimate terms, and who
has been, however innocent, the unfortunate cause of
the catastrophe. It is needless to say that the applica,
lion was peremptorily refused, and it has been suggested
that, had Mr. Williamson been admitted, he might have
attempted to wreak summary vengeance upon the mur-
derer ; and, if his own statement be true of his wife's
seducer, Mr. Williamson is stated to have been affected
even to tears, and charges all his wife's misconduct upon
the Lamberts, but added that he loved her as much as
ever he did. He stated also that his object in seeing the
murderer was to ascertain from him what had become of
his child, about a year and a half old, which he believes
to be kept awaysornewhere at the instigation of Baranelli.

A letter which the assassin wrote on the night pre-
ceding the murder, addressed to Mrs. Williamson, has
already been published, and from which the fact is
clearly established that he premeditated the terrible act.
Another letter, written cn the same evening, but with-
out any superscription, in the assassin's handwriting,
also in Italian, confirms the determination of Baranelli
to commit the crime. The following is a correct transla-
tion :

"During the night, Jan. 6, 1855.
"Dearest Friend,—My situation at this moment is
most horrible and full of despair.
" The Lamberts call me a thief and an assassin. They
insulted me also. I see no more. Stay a little while
the departure from your dear wife. I mean a little
while, until the harshest news shall reach you. I inclose
you my likeness. Preserve it as a token of faithful
friendship, and pardon me the many troubles. Fare you
well, perhaps for ever.

" LUIGI BARANELLI."

The description given of Baranelli at the house, 35,
Newman-street, where he took a lodging after he was
turned out of Lambert's house, was that cf an apparently
quiet, inoffensive man, although it was remarked that
he appeared exceedingly melancholy and depressed in his
manner. He was known to be up, from a light in his
room, the whole of the Saturday night prior to the com-
mission of the murder.
Up to last night both the wounded woman and the
assassin were reported to be much better ; and the
strong presumption is, with regard to Baranelli, enter-
tained by the medical gentlemen uuder whose care he is
placed, that the ball from the pistol must have fallen
back and dropped down the throat, as no traces yet can
be found, nor do the symptoms of the patient indicate
that it still remains embedded in the head.

MUTIITY OF THE AVON'S GREW.

PORTSMOUTH, JAN. 14.

Some very strange and unfortunate circumstances
have occurred to prevent the removal of the sick and
wounded troops that have come home in the steam-
transport Avon to their final destination. The Avon came
into harbour from the Crimea, with 214 sick and wounded
mon on board, on Friday morning. Those who had to
go to hospital were at once landed and conveyed there
on stretchers, and the rest remained on board all that
day and night, the Avon discharging some stores she had
brought home, and being ordered, by directions from
London, to convey the sick and wounded round to Chat-
ham. We know of no other reason for sending them
round by water instead of by rail (as had been the case
with the sick and wounded who arrived home in the Hima-
laya and Candle) than that of economy. Whetever was
the reason, the Avon was to have sailed with them
yesterday morning, but her crew and stokers all refused
to remain on board any longer. It appears that their
engagements expired upon their arrival in port in Eng-
land, and this they were determined to abide by to the
strict letter. The Captain of the Avon urged upon them
,the necessity of carrying out the orders of the Govern-
ment, and he appealed to the condition of the woanded
and sick around them, but all to no purpose—they em-
phatically refused to take the vessel any further. He
promised them extra wages—as much, we were informed,
as 4/. per man for the voyage round and back—but with
quite as much success. The fact is, the men were quite
mutinous and abusive, many of them being inebriated.
The Superintendent of the Royal Mail Steam Packet
Company, Captain Vincent, had arrived from South-
ampton, and finding there was no prospect of the men
complying with the orders of the Government, he re-
solved to discharge them. This was accordingly done,
and the men went about their business in a body.
The result of all this was that Government had to be
telegraphed to for fresh orders as to what was to be done
with the men who were the chief sufferers by these pro-
ceedings, and in the course of the afternoon directions
came down for the men to be conveyed to Chatham by
rail on Monday (to-morrow) morning. They are to
leave the dockyard by seven o'clock. It was too late
on Saturday to send the troops on then to Chatham, as
they would not have been able to arrive there till late
at night. The poor fellows have consequently had to
be kept on board all yesterday and to-day—Mr. Tydd,
assistant-surgeon of the 58th Regiment, who has come
home in charge of thorn, not wishing to take on himself
the responsibility of granting them orders to leave the
vessel, as it is feared that, in their present condition,
bad consequences might ensue from exposure, or per-
haps a little irregularity. The officers who have come
home wounded or sick in the Axon all landed on her
first arrival, and have gone to their various homes. The
men are tolerably comfortable on board, and have plenty
of food, with fresh meat ; whilst some of the inhabitants
have been kind to them, sending in a pint of porter to
each man, &c. They, however, do not like their deten-
tion, although they submit to it without a murmur. As
it is, their detention on board will not be longer than if
this ship had taken them round, and they will now get
to their destination quite as soon ; but they would, of
course, have got there at least a couple of days sooner
had they been sent on yesterday by train.
To-day a party of stokers and seamen have been sent
round from Southampton by the Steane-packet Company,
port tomorrow, She WA
to nmigato the Avokto thedt
_

repairs of damages, caused by the gale in the Black Sea,
to make- gocd, •

Tho crew of the Avon, on leaving her, took away with
them a number of muskets, bayonets, swords, articles of
uniform, -&c , that had been taken from the enemy.
Some had three or four musket-bareels each, the stocks
having beep used by the English troops for fire-wood.
One man, who was much intoxicated, dressed himself
out entirely in Russian uniform, having an infantry sol-
dier's trousers, jacket, and brass helmet on, whilst he
had a sword round his waist, and a Russian bearskin
knapsack strapped to his back, the straps, belts, &e.,
being complete. In this dress, and shouldering a long
musket that had belonged to the enemy, he marched
out of the dockyard. He was, of course, soon sur-
rounded and followed by a crowd of persons.
It was evident that the conduct of the merchant crew
made considerable impression on the soldiers. They were
struck with the facility and indifference with which they
could desert the ship and service to which they had be-
longed, to say nothing of what was due to the sick and
wounded themselves. Such conduct only appeared to
cause the soldiers--sergeants, corporals, and privates—to
remember more aentely the exertions that had beer. made
by the sailors of the royal navy, in ministering to the com-
forts and wants of thearmy, and their devoted care and at-
tention to the wounded on the battle-field. Whilst
gazing on the mutinous spectacle going on around them,
many a poor fellow told of the care and kindness, and
truly fernine gentleness, with which be had been carried
from the spot where he fell to a place of help by the
railors of the royal navy, and of almost equal kindness
being exhibited to the wounded Russians themselves.
They also were not slow In expressing their surprise at
the supbrhutnan exertions made by the seamen of both
the French and English navies at the disembarkation in
the Crimea. The want of feeling, of esprit de corps,
and attachment to their service and ship, displayed by
the merchantmen evidently grated on the feelings of
the troops.