The Sun.
London, England, 1852-03-15 00:00:00

T Yt-A
EVENING,

TT vt-4
MARCH l5,

ASSIZE INTELLIGENCE.

IVORTIIERN CIRCUIT.—York, March 12.
CROWN COURT.--(Before Mr. Justice CRESSWELL.)
John Longley, aged 32, was charged with having, oil
Christmas-eve last, uttered four forged 51. notes of the
Yorkshire Banking Company at Huddersfield.
Mr. Ovorend and Mr. Boothby were fur the prosecu-
tion; Lir. Campbell Foster defended the prisoner.
This was one of a series of charges of uttering forged
51. notes on Christmas-eve simultaneously at various
towns in this county, several of which were cried yester-
day, and the prisoners were convicted.
The prisoner, it appeared, is a native of Sheffield, and
it was clearly shown that on Christmas-eve last he was
at Huddersfield, and at 7 o'clock to half-past he success-
fully put off four forged 51. notes of the Yorkshire
Banking Company, at the shops of Mr. Clayton, Mr.
Massinger, and Mr. Eastwood, who are grocers, and at
the establishment of a draper named Broughton, who
all carry on business in the centre of the town of Hud-
dersfield. The prisoner purchased trifling articles,
amounting to a few shillings in each instance, and paid
for the goods with forged notes. All these tradesmen
identified the prisoner as the man who passed off to each
of them a forged 51. note of the Yorkshire Banking
Company, and three apprentices spoke to the prisoner,
making seven individuals who distinctly swore to the
prisoner's identity.
~,The Learned COUNSEL for the defence, having elicited
On cross.examination that the towns of Huddersfield and
Sheffield were two hours apart by railway, and that the
prisoner had made a statement of the places where he
had been at Sheffield on Christmas-eve, said he should
prove that statement to be true, and contended that the
advisers of the prosecution ought to have satisfied them-
selves of its truth, and having done so they ought not to
have proceeded with this charge.
It was then proved by a number of witnesses that the
prisoner was at Sheffield, 32 miles from Huddersfield,
from 4 to 8 o'clock on Christmas-eve last. He was
shown to have left his work at 4 o'clock, to have subse-
quently had conversations with various parties, paid
money at two or three places, and had interviews with
individuals up to 8 o'clock. It was proved that he was
seen at 9, and that he went to bed at half-past 11. The
atisfactory character of the testimony of the witnesses
fur the defence induced Mr. Overend to abandon the
case for the prosecution, a course in .which the Judge
concurred.
His LORDSHIP expressed his opinion that the prose-
cutor was justified, under the circumstances, in bringing
the charge to trial.
The prisoner wss then Acquitted.
NISI PRIUS COURT.— (Before Mr. Baron ALDERSON.)

MICILLETHWAITE V. MERRILL.
Mr. Hill, Q.C,, and Mr. Cleasby were for the plain-
tiff; Mr, Sergeant Wilkins and Mr. Unthank for the
defendant.

This was an action to recover, as damages, the value
of certain paintings which the defendant had converted
to his own use, and which the plaintiff claimed to be
his property. The defendant pleaded that the paint-
ings were not the property of the plaintiff, and also de-
nied the conversion. The plaintiff is a merchant, for-
merly in business at Sheffield, but for some time past
resident in Hamburgh; the defendant is an ivory and
stag-horn merchant at Sheffield. In the year 1848 the
plaintiff, as a mercantile speculation, engaged et German
artist, named Muller, to paint a number of pictures for
him. In September, 1849, the plaintiff brought 26 of
these paintings to Sheffield, and had them exhibited
there for sale, but they did not take, and eventually the
defendant was allowed to have them at his house on
condition that he would send the plaintiff some buffalo
tips and ivory to Hamburgh. An account between the
parties was thus brought into existence ; and some
time afterwards, when the plaintiff again came over to
England, he required his pictures to be given up, but
was told they had been sold. Hence the present action.
The defendant now proposed to give the paintings up,
and his Lordship observed that it he did so, the only re-
maining question would be as to damages in respect of
the conversion.

The jury found their verdict for the plaintiff, for the
dam2ga in tho declaration, subject to be reduciad to 51.,
on the restoration of the pictures immediately.
LUCAS V. BLAKEY-BREACH OP PROMISE OF MARRIAGE.
Mr. Atherton, Q.C., and Mr. Pickering were for the
plaintiff; and Mr. Sergeant Wilkins and Mr. Riley for
the defendant.

Mr. ATHERTON, in stating the case, said tho plaintiff
was a young woman 22 years of age, and of consider-
able personal attractions. She resided at Lockwood,
near Huddcrsfi« ld, with her mother, the widow of Mr.
Lucas, a house painter. The plaintiff carries on the
business of a milliner on her own account, and the de-
fendant is a cloth finisher at Huddersfield. Tb e action
was brought to recover damages from the defendant for
a breach of promise of marriage. Iu the spring of 1849
Mrs. Lucas resided in Dock street, Huddersfield, and it
was then that the defendant first began to pay atten-
tions to the plaintiff. He applied to Mrs.. Lucas
for her consent to pay his addresses to the plaintiff,
which, after making some inquiries, she granted,
the defendant having declared that he was sincere,
and that in seeking a wife he did not want a slave, but a
companion; ho was not in quest of a fortune, and had
more than once declined the opportunity of marrying
" with a fortune." He continued to pay his addresses to
the plaintiff from May, 1849, down to November in last
year, and in the latter month he contracted marriage
with a Miss Lister, in a manner that appeared to aggra-
vate the character of his conduct and its injustice, with-
out making any communication whatever to the plaintiff
or her mother, or any member of the family; artd he did
not disclose the fact until, from its coming to th e know-
ledge of the plaintiff, concealment became' impossible.
The defendant had written severed letters to the
the first of which was dated June 15, 184:
" Dearest Hannah,—You will think I have fiorgotten
you altogether, but I assure you, love, I have not; for,
with the poet, I can trulyexclaim—
"
Absence makes the heart grow fonder.' "
—(Laughter.) In another letter he wrote—
" Never was the sign of an inn more welccsme to a
weary traveller than your letter, which I received on
Sunday last, was to me. As I traced its characters, I
could almost imagine that I heard your sweet voice re-
peating the words it contained, the sound of which still
echoes in my ears like distant music."
—(Loud laughter.) In a third letter the defendant stated
that the plaintiff was dearer to him than his o exist-
ence, and signed himself " Your affectionate lover,
William." These were specimens of the de fendaut's
letters in prose, but he afterwards found that he could
not sufficiently express himself without indulgheg in the
sublimities of poetry. Prose became too grovelling
and mean, and he seemed to feel that he could' not riso
unless he attempted to soar upon the wings of poetry.
So he addressed the plaintiff in the acrostic style, the
first letter of each line forming, when put togett ter, his
own Christian and surname:
W hen wilt thou return, my love?
I nnocent as a turtle dove,
L ike the lambkin, full of play,
L ightly skipping on the way.
I n the groyea_where avarblereating. •
A 11 harnonTa to the spring,
M ay we join the joyful ring.
B lack as winter would all be,
L oat and irksome without thee:
A 11 confused by lovo'a alarms,
K laciest, come into my arms.
E vermore, I would be thine,
Y es, my love, and only thine."
—(Laughter) After this the defendant returned to prose
writing again for a few letters, but subsequenay made
another attempt at the sublime in verse:—
" W ilt thou, my dearest, be so kind,
I n love to ease my tortured mind?
L eat by delays my reason fats,
L ove longs its objects to enjoy.
I n thee is centred all my care,
A nd all my joys, thou charming fair.
M ust I be left to black despair?
B lest is she whose beauty fair
L inks with such charms as virtue rare.
A 11 I want is, may I be
IC indly lov'd, fair one, by thee;
E Ise life's a blank, I do declare—
Y es,l must love thee, charming fair."
(Rosen of laughter.) The defendant having thus. acted
towards the plaintiff, without any fault ;on her part,
afterwards married another woman, and the shoo k to
the plaintiff was so great that she had been in deli cats
health ever since. The Learned Counsel concludeil by
urging that this was a case in which the jury ough t to
give such damages as would mark their disapprove l of
such conduct.

There was only one witness examined on the par t of
_tilt', plaintiff—viz, her mother; and after the letters had
been put in and taken as read,
Mr. Sergeant WILKINS proceeded to address the jury.
He said he was not going for one moment to cast any
aspersions on either the plaintiff or her mother..i, He ad-
mitted there could bo no doubt that the defendant, had
behaved ill, had broken his promise, and the plaintiff
was entitled to a verdict. But what were the cir cum-
stances? Why, the defendant, at 22 years of ago, was
proved to have fallen over head and ears in love s,t the
first moment, and he would say to the young ladi es in
court—" Never give heed to young men who es:press
themselves in poetry."—(Laughter.) The defendant
had done wrong, but what had, the lady lost? For' that
was the question. She had lost a silly young man, who,
instead of telling her in plain terms that he loved her,
broke out in a rhap sod y
lady fair,
I do declare,
Your grace and air
Are beyond compare."

judge of of
such the
(Roars of laughter.) Let the jury thenju
damagesex
ten
tof the loss she had sustained, And
as twelve honest men ought to give.
Hid LORDSHIP told the jury the only question was
how much tho defendant ought to pay for the breach of
his promise, which he did not deny,
The jury, after a short consultation, returned a verdict
for the plaintiff—damages 451.
Tho Court then rose.

DRURY-LANE TREATRlL—Lucrezia Borgia, which
made so great a hit here on Friday last, is to be repeated
this evening; and as on Saturday Balfe's Sicilian Bride
completely filled the theatre, we find Sims Reeves repiaata it
to-morrow and every evening of his engagement.
ROYAL COLLEGE OF SURGEONS. The following
gentlemen having undergone the necessary estaminatic.ns for
the diploma, were admitted members of the college at the
meeting of the Court of Examiners on the 12th imet. '—
Messrs. Charles Dixon, Australia; Benjamin Richardson.
Lawrence, Chedder, Somerset ; Richard Griffin, _Buenos
Ayres; Josiah Ramskill, Leeds; Edward Vavasour Homing"
Way, Leeds; John Reynolds Salter, Exeter; Henry Lane,
Wed hock-park, Warwick; William Edney, London; an
Charles Blatherwick, Titchfieid, Hants. At the same meet
ing of the court Mr. Julian Watson Bradshaw passed "
-;
examination for naval surgeon; this gentleman had pre
Vinusly been admitted a member of the college, his diployia
bearing date May 5, 1845.

1852.

VAN DIEIVIEN'S LAND COMPANY.
The annual meeting of this company took place on
Friflay, whi n the report and accounts were adopted.
The report of the committee appointed to investigate the
general affairs of the undertaking was also brought for-
ward. It gave a summary of receipts and expenditure
from the commencement of operations to the 31st of
December, 1851, whence it appeared that the total of
cash received in London had been 301,9131,, of which
the calls produced 265,292/., sales of agricultural stock
10,9871., and wool 22,723/. The gross expeaditure had
amounted to 300,792/., leaving a balance of assets of
1,1211. The largest items on this side of the account
comprised 162,024 Z, for bills drawn by the company's
agent in the colony, 64,000/. purchases of stock and
stores for shipment, and 32,1001. salaries in London and
Van Diemen's Land. Extraordinary and ruinous as the
expenditure had been, the committee, because it was
spread over a period of twenty-five years, had arrived
at the conclusion that it showed little for comment,
since, although the affairs of the company had
riot proved remunerative, the outlay had been
directed with the view to a profitable developernent
of the property. They recommended, now that ar-
rangements had been made for reducing all current
charges to the lowest possible point, that in future
the land should be let on lease for short terms in pre-
ference to sales in fee. The report of the directors de-
tailed the measures they had adopted for abandoning
farming pursuits, and for confining operations to the
selling and leasing of lands. They had been advised
from the colony that their instructions had arrived out,
and that the necessary steps had been taken for pro-
moting those objects. The last call of 108. per share
had been well paid, but the proceeds wore nearly ex-
hausted. Although no call was at present required, the
shareholders were informed that in the absence of re-
mittances from Van Diemen's Land there aro no funds
to meet ordinary expenses. The annual rental pos-
sessed by the company was 8181., against 759/Jest year.
The total of land sold up to the last advices was 4,144
acres (tbe amount of purchase money being 8,0471.), of
which 771 acres were at Circular Head, and
247 at Emu Bay, making 2,079 acres sold since
the last annual report, payment in most cases having
been taken in long dated bills. The stock on
hand on the 30th of June, 1851, was 113 horses,
2,825 cattle, and 6,179 sheep. It was stated that the
only apparent effect of the rich mineral discoveries in
Australia had been to raise the price of provisions, &c.,
by which the:tenenta of the company had been benefited,
and that no disposition had been yet manifested on
their part to migrate to the gold regions. The two re-
' ports having been discussed, and the large amount of
the draughts drawn from the colony and the defalca-
tions of the late secretary having been taken into con-
sideration, the general feeling appeared to be that there
was at last a prospect of affairs being brought into a
manageable compass. Tho reduction of expenditure,
when it shall have been finally accomplished, together
with the restriction of business to the disposal of land,
may, it was thought, ultimately produce some return
upon the invested capital. If, however, the idea be
persevered in that the best class of colonists will take
short leases, or leases of any kind, in a country where
the passion for freehold possessions can be gratified to
its full extent, there would still seem to be little pro-
spect for the company other than that of continual dis-
appointment. At the close of the proceedings the for-
feiture of 440 shares was agreed to.

SPIRIT of the PUBLIC JOURNALS.
TIMES.—We shall not waste many words on a
question already decided. The various sections of the
Liberal party, having agreed to merge their differences
for the present, have resolved to compel Lord Derby to
dissolve Parliament as soon as the public service will
allow. Six months' supplies, involving, we suppose, the
renewal of the income-tax for another year, are the ut-
most that will be allowed, so that we may expect the
new Parliament to meet in the summer. This is re-
solved at all events, whatever the policy which Ministers
may or may not think fit to announce. They will be ex-
' arnined this evening in both Houses as to their intentions,
not, however, as any guide to the course of the Opposition,
but merely for such minor advantages as may bo picked
up in the game of questions. Whether the new Go-
vernment declare themselves or maintain their present
reserve, the same use will be made of their hesitation
as of their candour. As Lord Derby has not sum-
moned his adherents to St. James's since his acceptance
of office, the secret of his policy is still confined to
his Cabinet; but there appears to be a general impres-
sion that, finding an early dissolution inevitable, Ise
will propose a five-shilling duty as the question for
the country to say Aye or No to at the ensuing
general election. It is said that he is driven to
this course, so little in unison with the neutral
position he and the chief of his colleagues have main-
tained for the last two years, by the circumstance that
the country party," especially the electors in the small
country towns, require an intelligible and definite object
of political interest, and that without such an object
they will sit still, or fall off to the enemy. Of course we
can only give reports, but Lord Derby's impatience of
reserve, his sensitiveness under challenge, and his own
wish for the earliest possible settlement, make it at least
very conceivable that he will do as we have indicated.
We know not whether it is to be considered a merit or
a demerit in this course that it is evidently that which is
dictated by the Opposition. Nothing is more usual than
for people to assume the direction of an antagonist's
conduct, in addition to their own, and to insist on play-
ing politics as a chess player will occasionally play his
right hand against his left. If Lord Derby can be made
to do on the point of honour that which he has long
ceased to do on the point of duty, he has put his con-
science into the keeping of his rivals, and is, to say the
least, very accommodating. But besides the con-
venience of the Liberal party, Lord Derby is
bound to consult the well-being of the State,
and that well-being, as it appers to us, does
not require so immediate and definite an issue. People
who advocate this course seem to think that it is the
largest, the most national, and the most conclusive of
those which have been suggested; whereas it is emi-
nently small, partisan, and inconclusive. It settles no-
thing. It effects no peace. It makes no alteration in
the status quo except for the worse. Let us follow it out.
The new Government, driven, will or nill, to the country
on the question of a five-shilling duty, will find itself
next July either in a minority or a majority. That
minority will probably not be a less one than the pre-
sent. Being returned expressly in answer to a particular
question, it will be more pledged, more obdurate, more
impracticable, more factious, and altogether a greater
impediment to legislation than Mr. Cobden says the pre-
sent minority has been for the last six years. In this
case, then, where is the advantage of having driven
Lord Derby to divide the country on this question, and
this question only? Take the other case, not utterly
impossible, of a majority returned to affirm a five-
shilling duty. Is it for the advantage of the country
that a
majority of the Commons should be pledged
o a
measure which the country will not tole-
rate?t
On the contrary, it appears to us a very
lamentable conclusion—though a conclusion of course it
will not be. There are only two ways of escape from
that difficulty. Either the population will assume so
menacing an aspect that the House of Commons, which
professes to have been just returned by them, will lay
down its functions and declare its majority a political
falsehood; or Lord Derby, justly dreading that result,
will himself disarm his own majority sent to support
him, apparently in answer to his call, and will summon
his lieges, absolve them from their pledges, and recom-
mend a milder form of Protection. This course, how-
ever, is described by anticipation as being treacherous to
the electors, tyrannical to the representatives, and im-
moral to the public at large. Lord Derby, we are told,
esdamentantiivneg the present
of the people.
Houseeaunot
oafd
co potmimt
ownsithasouat
fauirttererlper-
But bad as this course may be, it is obviously better than
the other; that is, better than driving the House of Com-
mons to such a pass that it shall no longer be a free
agent, and it
• s debates shall virtually be interrupted by
the masses. Yet one of these two unhappy alternatives
we shall certainly Ira reduced to if Lord Derby shall
go to the country on a five-shilling duty, and get
a majority upon it. As nothing is to be
gained thebbey
lost.
more summary process, so a great deal will
Lord Derby is not to be allowed to do anythingibexceptser-
vice what is absolutely necessary to conduct the p
vice till the meeting of the new Parliament in summer.
_
should he
Should he once show his hand at governments—should
ent should he
• le measure through Perham
carry a sing the ne good thing,have the opportunity of doingtehe consequences on the
Li-
berals affect to tremble for
h.
fickle-minded people. All ye moans, of course, that
Thus d o we go On.
be done this session.
nothing can
Nothing.was done last session, and nothing. is to be done
this. There was
ono excuse last year, it is another ex-
cuse now. But it is equally evident that nothing will
be done in the summer or autumn ,and thus another
year will be lost to legislation. Law reform, and all
the other reforms, either left undone by the late Go-
vernment, or done and then undone, must '
watt till
they are done by a triumphant Ad •
able to ride roughshod over ministration,
'That Administration must, however,its be more
than triumphant, for whatever party is doomed to be
in Opposition for the neat three or four years, it
will most assuredly be factious beyond ordinary
precedent, for it will have suffered great disappointment
and bitter provocation. The forms of the House will bo
stretched to the utmost for the purpose of obstruction
and annoyance, and no pains will be
omitted to prevent
that which is now to be prevented, viz., the acquisition
of Ministerial credit by popular measures. Of course,
as we have intimated above, every constitutional malady
or obstruction has its practical remedies; but they are
generally violent ones, sometimes worse than the disease,
and always drawing largely on the comfort and health
of the patient. Such appear
to us the inevitable ill con-
sequences of the special appeal to the nation with which
we arc threatened. We will not charge the blame on
one Tao more than another. Tee country party in being
driven to' that appeal are paying perhaps the proper
penalty of the very factious course they have thought
proper to pursue since February, 1846; and if re-
tribution has overtaken thembett just as they were showieg
come signs of repentance, that is no uncommon case in
th© instance of even more serious offenders. But we
would rather not treat this as a question of personal or
party
deserts. We take it as a question of national
concern, and we must say that whoever is most in fault,
poll the constituency an attempt to P
is calculated to do no good,
duty but a great deal of
harm.

- -
PRICE or COUNTY*COIIII,T LAW.--Last week, in
the
Bloomsbury County Court, a young man, named Red-
kraves brought an action against the London and North-
iTestern Railway Company, to recover the value of a box
lost on their lino. When his solicitor had stated his case,
the counsel for the company, Mr. Hardinge Giffard, objected
to the form of the plaint, which failed to state whether the
cause of action was in trover, for breach of contract, loss of
property by negligence, or otherwise, and therefore claimed
a nonsuit. His Honour held Mr. Giffard's objection good,
and the plaintiff was nonsuited, having to pay the costs of
the day, 71. odd.