The Sun.
London, England, 1864-03-23 00:00:00

vo,LI: on she scheme. The irstaict of liberty was
alarmed; but as Gen. NliClellan, the favourite can-
didate for the Presidency, would undoubedly re-
ceive the all but unanimous vote of the soldiery of
the army of the Potomac, and a large portion of

.hat of the army of the Cumberland, whey were in-

duced in an evil hour to waive their opposition and
join with the Republicans in the silly cry that it

would be ungrateful to deprive American citizens

of the suffrage, merely because they were doing
military duty at the cannon's mouth. The vote both
in the State and the city was lighter than usual,
but was about two to one as far as the numbers
have yet been made up in favour of the proposition.
A little incident that occurred a fortnight ago in

the army of Gen. Meade may serve to show how in-
juriously the system may be made to work both
against the soldier and the public. A young Irish-
man, son of a naturalised American, who had en-
listed for the bounty money, declared in camp, in

he hearing of an officer, that if the soldiers were

allowed to vote in the Presidential election he would

vote against Mr. Lincoln, and that if he had a thou-
sand votes they should all be given the same way.

For this breach of discipline he was placed under
arrest, and at the last accounts was still in cap-
tivity without prospect of release. This is not
liberty for the soldier ; will it be liberty for the
people ? Time will show—and perhaps more

speedily than the Americans imagine.
There are, it appears, some things which are too
bad even for General Butler. Under his command

.n the new disirict to which he has been appointed

,a a certain Brigadier-General Wild, who two months

ago distinguished himself at the head of a negro
regiment in a raid which he undertook to make
through a defenceless portion of the State of North

Carolina, Wild, envious perhaps of the great re-
putation of his chief, not acquired in the battle

field, but in the persecution of women and non-
combatants, looked around for a victim on whom
he could practise in a similar manner. He found

one in the person of the Rev. S. H. Wingfield, o,

Portsmouth, an Episcopalian clergyman, who wo
reported to be a Secessionist and a disseminator of
traitorous dogmas. Without giving Mr. Wingfield

warning of his danger, or any opportunity to defend
himself against a charge which might have been
grossly exaggerated, or altogether unfounded, the
brigadier issued a special order (No. 44) to meet

he case. In this he declared his belief that " a

wholesome example was necessary for the benefit of
Mr. Wingfield in particular, and the class of the

community which he represents in general, to teach
men of education and ability that they could not be
allowed to use the talents God had given them for
the purpose of stirring up strife against the Govern.
ment of the United States." He therefore ordered

the arrest of this gentleman of education and ability,
and turned him over to a provost-marshal to be kept
to hard labour for three months in cleaning the
streets of Norfolk and Portsmouth, " thus," as he

graciously added, " employing his time for the bene-
fit of the Government he has abused, and atoning in
a small way for his disloyalty and treason." But
the bolts of Jove must not be seized by inferior

hands, and the novice in demonology must not be
allowed to use the magic books of the master, lest
evil should come of his temerity. General Butler,
if not scandalised, was offended at the act of his
subordinate, and, in a highly characteristic order,
dated five days subsequently to the arrest of Mr.
Wingfield, released that gentleman from the de-
grading portion of Gen.Wild's sentence and remitted
him to military confinement—" not," said the aw-
ful and implacable Butler, " because the punish-

ment is unjust, but because ifs nature may be sup-
posed to reflect upon the Christian Church, which,
by his connexion with it, has already been too much
disgraced." Thus Butler gained a double triumph.
He snubbed a too presumptuous subordinate, and
launched a second insult at the head of a gentleman
who is unable, even if he were willing, to retaliate.
If there were any esprit de corps among clergymen,
irrespective of their creeds, it might be worth the
while of the Northern preachers to raise their voices

against the tyranny of which General Butler has
set the example. The day may come when military
ruffians may wield all the power of the North, when
major-generals and brigadiers may, in Mr. Lincoln's
phrase, " run the churches," and not only decide
what is loyalty in the pulpit, but what is " truth"

and what is " Christianity." There may be in the
armies of the United States many embryo heroes
who do not believe in "Beecher," who have no faith

in " Cheever," who have no reverence for " Tyng
and if the turn of the revolutionary wheel should
invest any one of them with supreme authority in
New York, it might be awful to reflect to what hard-
ships, indignities, and persecutions these now shining
lights of the loyal churches might be exposed it
what is now loyalty should receive another epithe t
from the mouths of men in power. But the Northern
pulpit is silent on the subject. In the eyes of halt
the clergy of New England andlNew York, Butler
is a saint and a hero—a pillar of orthodoxy as well
as of loyalty—who " runs the churches" for the glory
of Clod, the support of the national life and the honour
of the flag. Is this the spirit of the Puritan Fathers ?
Or is it a new spirit altogether, the existence of
which is incompatible with civil or religious liberty ?
The Union League of this city, an association
composed principally of war contractors, jobbers,
political clergymen, and other devoted adherents
of the Administration, organised on Saturday last
o novel spectacle for the amusement of the multi-
tude. Regiments of white men going to or return-
ing from Southern battlefields have long ceased to
attract notice. They pass up or down Broadway
without exciting even the cheap compliment of a
cheer or the flutter of a pocket handkerchief. It
seems, however, to have struck the mind of some
more than usually imaginative member of the
League that if white heroes could no longer move
the crowd to sympathy or rapture, black heroes
might. The idea took root and flourished. The
fair ladies who, though not members of the League,
were mothers, wives, sisters, or sweethearts of
those who were, took up the notion with avidity,
and wrought with their own delicate hands a silken
banner to be presented to the 20th Regiment of
New York Volunteers, a black regiment, com-
manded by white officers. The flag was publicly
presented to them in their square on Saturday; a
" spread eagle" address was read, and a " spread
eagle" speech was made in presence of a large mul-
titude; the white Colonel returned a " spread
eagle" reply on behalf of his black fellow-soldiers ;
the officers, all white men, having been regaled
inside, at the Everett-house, and the rank and file
having been regaled on less sumptuous and luxu-
rious fare outside in the open square, marched down
Broadway, amid the vociferous cheers of a great
multitude of spectators. The black soldiers looked
very fine fellows. They were dressed in bran new
uniforms, marched jauntily along, with their new
banner fluttering in the sunshine, and seemed a
thousandfold more delighted with themselves and
with their reception than white soldiers would have
bee❑ under similar or any circumstances. A year
ago such a spectacle in New York would have bee❑
a perilous experiment on the temper of the people ;
and, if attempted, would have led to serious
breaches of the peace. It may be asked if the prin-
ciples of those who acknowledge the negro as a man
and a brother, and as a person as fully entitled as
themselves to all the political rights and social
privileges that belong to honest manhood, have
made such progress in the interval as to have effaced
the ancient antipathies and prejudices of race, and
produced that moral sympathy between white and
black which is hereafter to produce that physical
" miscegenation" to;which the advanced humanita•
rians of this continent look forward as the perfec-
tion of our species ? The answer is, decidedly not.
The crowd which cheered the negro soldiers cheered
in derision. They looked upon every black recruit
as a satisfactory reason for the non-employment of
a'wbite conscript. " The greater the number of
black men who fight in this war, the smaller the
number of white men who will be required." " Let
the niggers go—and if they never come back, so
much the better." " Black food for powder is better
than white." Such, without the profanity and ob-
scenity with which they were mingled, are but a
few specimens of the comments of the crowd which
witnessed the procession, though, like the beri-
banded and garlanded bulls of ancient Greek sacri-
fices, the joyous negroes knew nothing of the fate to
which they were so coolly consigned.

THE SHEFFIELD CALAMITY.

SHEFFIELD, March 22,

The work of clearing away the mud and filth left by the
flood is being rapidly pushed forward, and the streets of the
town are now beginning to assume much of their ordinary
appearance, except that fence walls and fallen houses are
nut rebuilt. Disinfectants have been freely used, and with
the best effect.

The Sanitary Committee, composed of medical men, re-
ported yesterday evening as follows :
" The committee have pleasure in reporting that from
personal examination they are able to state that the work of
cleansing the streets, cellars, back yards, courts, and lanes
is rapidly proceeding; that the health of the town is in a
satisfactory condition, and that there is every reason to con-
clude that the precautionary measures that have been and
are being taken will have the effect of preventing disease."
The search for bodies continues, and two or three are
found daily, but there are yet more than 33 missing.
The question of the liability of the 'Water Company for
the damage is exciting great attention here. The solicitors
appointed to act for the mill and other property owners have
taken the opinion of eminent counsel. The opinion is that
the company are unquestionably liable for all legal damage
to the extent of their capital, but not beyond that. The
estimates of damage are so large that many shareholders
have feared the capital of the company (E 100,000) would not
cover the damage, and that their private fortunes would be
responsible. The opinion of counsel will therefore be a
great relief to them on that point. More sober estimates
give the damage at considerably less than £400,000 ; but
only the roughest estimates can as yet possibly be made.
The contribution of the Prince of Wales to the distress fund
is £2OO. The Princess of Wales has contributed £5O, and
the Duke of Cambridge £5O.
M. A. Mille, the engineer in chief of bridges and cause-
ways to the French Government, has come over to examine
and inspect the dam, and visited it to-day in company with
Mr Rawlinson, the Government engineer, and Mr Beard-
more, an engineer sent down by the Government to assist
Mr, Rawlinson.

ASSIZE INTELLIGENCE,

NORFOLK CIRCUIT.—CAMBRIDGE, March 22.

(Sittings at Nisi Prius, before Mr. Justice Crompton and a
Special Jury.)
THE EARL OF COVENTRY AND OTHERS V. WILLES.
Mr. O'Malley, Q.C., and Mr. Buiwer were for the plain-
tiffs; and Mr. Keane, Q C., and Mr. Phear for the defen-
dant.

This was an action of trespass brought by the plaintiffs,
who are the stewards of the Jockey Club, against Mr. Vim.
Willes, who is the sporting correspondent of the Morning

. _
Post, writing under the nom de plume ot" Argus," for wit•
fully trespassing on the part of Newmarket Heath, called
" the Flat," after notice given him by the plaintiffs

(owners) not to do so. The defendant pleaded three pleas :
First, not guilty ; secondly, denial of the plaintiffs' right of
possession ; and thirdly, that he committed the trespass
complained of by the leave and licence of the plaintiffs.
Mr. O'Malley stated the case to the jury, and then
Mr. Charles Weatherby was called, and examined by
Mr. Bulwer—l am secretary to the Jockey Club at New-
market, and have been so for twenty-eight years. Lord
Coventry, Admiral Rous, and Mr. Alexander (the three
plaintiffs) are members of the club. In 1663 the same
three gentlemen were the stewards. I know that portion of
the heath at Newmarket called " the Flat." Payments have

been made by various persons in respect of occupation of
" the Flat," I have known payments made by me for the
stewards of the Jockey Club for rolling, levelling, and taking
care of the ground. Such rolling and levelling was done by
my direction, on the part of the plaintiffs as stewards. I

know Mr. Chas. Bottom. In the intermediate times between

the races the ground is I aken care of for trying purposes.
Races are held twice in the spring, once in July, and three
times in the autumn. The grass is also sometimes let for
sheep-feed. The trainers make payments in respect of the
use of the ground to me, on behalf of the stewards. Mr.
Martin Starling is employed to look after the management
of the Heath all the year round. He has labourers under
him. He is employed end paid by the stewards. Mr.
James Manning is also in the employment of the stewards.
The feed has been let to Mr. Bottom, who is the occupier
of the adjoining farm. It was partly let to him, for a short
time, in 1863, but I forget the exact period. I gave direc-
tions to Starling that in certain places and at certain times
Mr. Bottom might feed it. Mr. Bottom paid me, for the
stewards, for such feed. There is also, on "the Fiat," a
betting ring, to which persons are admitted by payment.
Mr. Fuller Andrews, a servant of the stewards, has charge
of that. He receives the money for the entrance fees, and
pays it to me. There are two booths for refreshments, for
which payments are made to me for the stewards. Autho-

rity is exercised by the stewards by regulating on what side
horses shall go, and on what side carriages, at the races.

For all payments and receipts I account to the stewards.
Carriages are obliged to go upon the racecourse by a new
road. The posts at different parts of the heath are put up
and repaired by the stewards. Posts and ropes arc tut up
to keep the course while the races are being run. Move-

able posts and rails are also put across the course at non-
racing times, to regulate the spots where the horses may
exercise. That is also done by order of the stewards. Admi-
ral Rous and Mr. Alexander, two of the stewards, take an
active part in the management of " the Flat." On October
29, 1862, I wrote a letter to defendant, forwarding a copy of
a resolution passed that afternoon by the Jockey Club, re-
quiring him to make an apology for certain offensive expres-
sions used by him in a letter signed " Argus" in the Morn.
ing Post of Oct. 20. I received Mr. Willes's reply, stating
that he should be obliged by my pointing out the offensive
expressions complained of, and stating that the proprietors
of the Morning Post were fully prepared to justify in a court
of law the expressions complained of by the Earl of Win-
chelsea and Mr. Hughes, and offering to send the name of
his solicitor, to whom any process could be sent. On the
same day I received a telegraphic message, giving the names
of the solicitors cf the Morning Post. On Nov. 3d I wrote
the defendant again, acquainting him that, not having made
the required apology, he would be warned off the land of the
club, and requesting him to acknowledge the receipt of a
notice not to trespass which was enclosed. Mr. Willes, on
the next day, acknowledged the receipt. I received a letter
from the defendant on April, 20, 1863, stating that the re-

marks complained of were penned by him solely as a public
writer, with a desire to do his duty to the public, and no
_ _ _ _

desire to give pain to any member of the Jockey Club. I
showed that letter to the stewards at once. I did not send

any answer. On the 22d I sent instructions to my solicitor,
and afterwards received a second letter from Mr. Willes.

Cross-examined by Mr. Keane, Q.C.—ln 1862, the
Earl of Portsmouth, the Earl of Coventry, and the Hon.
Admiral 11';113 were stewards. I was present at the
meeting of the Jockey Club, at the rooms at Newmarket,
at which the resolution of the 29th of October, 1862, was
passed. All three of the plaintiffs were present at that
meeting. The resolution was moved by Lord Winchelsea
and seconded by Admiral Rolm It was not carried una-
nimously. Thirteen members voted for it, and seven
against it. I have not got the names of the seven who voted
against it. It had been previously moved by Lord Strad-
broke (the brother of Admiral Rotes) " that it was not expe-
dient to take notice of anonymous writers in public
papers," but was lost by 12 to 10. It was H ell understood
that the defendant was the author of the letter. Part of the
letter was read to the meeting. At the meeting on Oct. 31,
the three plaintiffs and 11 other members were present.
There are about 80 members of the club altogether. There
was a division on an amendment moved by Gen. Peel,M.P.,
that a special meeting of the club should be called to take
into consideration the letter of Mr. Willes. That was
seconded by Mr. Greville. It was loot by 11 to 6. The ori-
ginal resolution, proposing that Mr. Willes should be warned
off the course, was moved by Lord Winchelsea and seconded
by Lord Glasgow, and carried by 11 to 6, The defendant's
letter was read to that meeting. My experience of the Jockey
Club at Newmarket is considerable. Nobody has ever, to
my knowledge, been warned off before for such a cause as
this. There is the case of a gentleman who has been warned
off for affronting a steward of the Jockey Club in the exe-
cution of his duty. The Jockey Club have given the
stewards a general discretionary power to warn off the
course. The races are advertised, and the owners of horses
are invited to come and enter them. There are stands,
which are used by the members only, and public stands. The
public are never warned off, provided they go into the right
places. Each of the plaintiffs has referred in my presence
to the rules of the club as guiding their conduct as
stewards. A great part of the ground upon which the
horses are trained is not the freeho'd of the Jockey
Club. My accounts with the stewards are laid before the
members of the Jockey Club at the annual financial
meeting in the Craven Meeting week, There is one new
steward every year, each steward remait ing in office
three years. The stewards said that Mr. Willes's letter of
the 24th of April was not sufficient. I was not told to
answer it. Lord Coventry told me that he had seen Mr.
Willes on the Heath, and that he must not come. That
was on the Tuesday. I understand now that it was ar-
ranged that Mr. Wines should commit a formal trespass
on the Heath, in the presence of Mr. Kitchener's clerk.
Re-examined by Mr. O'Malley—The defendant was not
the owner of a horse, or a member of the Jockey Club.
Richard Cole deposed— I delivered a letter to the defen-
dant personally on the 22d of April. It was from Messrs.
Kitchener and Jean, stating that they had been instructed
to proceed, and informing him that, if he persisted in going
on the Heath, they should being a separate action in respect
of each trespass, and apply for an injunction under the
Common Law Procedure Act. The witness proceeded—
I went on "the Flat" on the 23d of April, for the purpose
of seeing if the defendant was there. The defendant rode
up, and asked if my name was Cole. I said "Yes," and
he said he was glad of it, as he had seen Mr. Kitchener,
and he had arranged with him that I should be saved a
journey to London, and that there should be no mistake as
to his identity. I then served him with the notice.
Mr. O'Malley briefly summed up the plaintiffs' case to
the jury. It was admitted that the defendant had trespassed
on the course for the express purpose of raising the question
of right. With respect to the occupation of the land, the
defendant had got enough facts to raise the point of law, if
there were any, in a court of law hereafter. He was at a
loss to understand what question there was for the jury.
The action really was an undefended one.
Mr. Justice Crompton summed up, and the jury found
for the plaintiffs, damages ls. His lordship certified for
tlag cote of the special jury.