The Sun.
London, England, 1852-02-24 00:00:00

AUSTRIA.

Lord JOHN RUSSELL said
b h Pon the part of the
re-
ceived from Prince Schwartnn urg
to,
foreign refugees
Austrian Government, with regard .
In reply to Mr. P. COCHR.AdNaEd,is a
whether it was the
in England, bnt he could not say dispatch had been
over
Mr. COWAN, who was sitting
p ker, I postpone
the clock, here called out—
my motion which is on the " Mr.b
93
more convenient
same as that which appeared intheijn'outrhneaglsalolefrtyo-day.
opportunity."— (Loud laughter, cries o
MINISTERIAL STATEMENT.
At five o'olock the body of the House Was COES•
fac4oh," and order.)
pletely filled. All the members tos of the Govern-
, ment were present. as well as the chief
Members of the Opposition. We noticed that Mr.
Disraeli, Mr. Gladstone, and Major Beresford, were
particularly restless. They frequently left their seats,
and entered into conversation with political colleagues
in different parts of the Rouse. The entrance of Lord
John was a signal for loud cries of " Hear, hear," and
cheers. Lord Palmerston took his seat on the great bench
paat the gangway, b1q....7T-..119,t pikAnWripg•

The noise and confusion in the House until Lord John
Russell rose was so great that the Members who took
part in the discussion ou private business were scarcely
heard in the gallery.
Lord JOHN RUSSELL rose and said—Sir, after
the occurrences of last Friday night the House will be
prepared for the announcement I have now to make.—

(Hear, hear.) At a meeting of her Majesty's servants,
on Saturday, wo considered what course it was in-
cumbent upon us to pursue ; it appeared to us
that it was impossible to carry on satisfactorily
the business of the Government in this House after the
events of the preceding night. We considered the alter-
native of advising her Majesty to use her prerogative of
dissolving the Parliament, but we considered that there
were such grave objections to such a course that we ulti-
mately declined to recommend it to her Majesty.
We, therefore, determined to lay our resignation before
her Majesty, which I accordingly did in the course of
the afternoon.—(Hear, hear.) Her Majesty was graci-
ously pleased to accept our resignation, and has since
sent for my Lord Derby, who is understood
to have undertaken the task of forming
a Government.—(Cheers.) We therefore merely hold
office until our successors aro appointed.—(Dear,
hear.) Sir, after this statement I do not wish to recur
to the various events which have taken place since
the commencement of the session, and which
will, no doubt, form the subject of debate
hereafter.—(Hear, hear.) Sir, I cannot conclude what
I have to say on this occasion without expressing my
sincere thanks to those who have supported the Govern-
ment, and who, during upwards of five years, have
enabled the Government to carry out measures of groat
public importance.—(Cheers.) Having their confidence,
and having had the advantage of their support, I have
been enabled during that period so to conduct the affairs
of the country, that wo are now enabled to
leave the public business, both as respects the
foreign and domestic relations, in a state that we need
not be ashamed of.—(Cheers.) I wish further to say
with respect to one of my colleagues to whom I am pe-
culiarly indebted, that it is owing to the temperate wisdom
and the high character of my Lord Lansdowne, that the
Government have obtained great facilities in the House
of Lords, and been thus enabled to carry many important
measures which would otherwise have required
the assistance of a more prominent Minister.—
(Hear, hear.)
wish to recur to past events, or indeed to dilete upon
Sir, as I have said, I do not
anything that may raise a difference of opinion in
this House.—(Hear, hear.) As for the future, I will
only 53Y) that I shall think it my duty to oppose out
of °Mee) as I have opposed in office, any restoration of
the duty on corn—(Cheers)—wbether under the name
of protection or revenue.—(Renewed cheese.) I shall also
think it my duty to support an extension of the suffrage
to those who are fitted to exercise the franchise for
' the welfare and happiness of the people, be-
lieving that such an extension will add strength and
solidity to our Parliamentary institutions.—(Cheers.)
I would say, further, that I shall always use the little
influence I may possess for the maintenance of the bless-
ings of peace.—(Renewed cheers.) I have only
further to say that since I came into the
House I have received a communication from Lord
Derby, stating that it was his wish and that it would
facilitate his arrangements if this House would adjourn
until Friday.—(Hear, hear.) In consequence of that
communication I have to request that all business may
be suspended for the present, and I will, therefore, move
that the House at its rising do adjourn until Friday.
Mr. HUME expressed a hope that on Friday next the
new Government would explain to the House the policy
they intended to pursue.—(Loud laughter and cheers.)
Ho had heard it rumoured that this House would not

meet again, and he could not think that such' an ad-
vantage would be taken by those who had an opportunity
afforded them of coming forward and stating their policy
For his own part he would be a strenuous advocate of
Liberal measures, without regard to either party in the
House, and would also support the carrying out of free
trade beyond the limits to which it now extended.
(Loud laughter from the Opposition.)
The motion was then put and agreed to.
There was immediately a general rush out of the
House.

The SPEAKER shortly afterwards left tho Chair, and
the Chamber was in a few minutes entirely empty.

LAW INTELLIGENCE:
VICE-CHANCELLOR'S COURT, Feb. 23.
(Before Sir RICHARD KINDERSIXY.)
APPLETARD V. HOLT. •
This was a motion to discharge a writ of no exeat
regno, which had been obtained by the plaintiff against
the defendant, who is a solicitor, under the following
circumstances:—lt appeared that a son of Baron Dims-
dale, named Henry Fraser Dimsdale, having got into
pecuniary difficulties, was imprisoned in the Queen's
Bench Prison. A proposition was made that he should
take the benefit of the Insolvent Act; but being entitled
to a reversionary interest under his father's settlement,
it was thought expedient to sell his interest, and so avoid
the discredit of the Insolvent Court. Accordingly, a
gentleman named Goddard, an actuary, was called in,
who valued the property at 2,1971. Baron Dimsdale,
however, refused to give that amount, but agreed to give,
and actually gave, the sum of 1,6001 for the reversion,.
which was beyond the uctual values The arrangement
was that the money should be paid to Mr. Holt, upon-
trust, to make some settlement with Ur. Henry Fraser
Diassdale's creditors, and as to 200/. to purchase for him
a commission in the Austrian service. Among the
creditors who had claims against Mr. H. F. Dimsdale
was Mr. APPleYard, who had acted as his solicitor in
t beeneinPting to recover certain bills, value 1,6001., which
had stolen from him, and who claimed for costs a
sum of 9501. Mr. Holt at first paid to Mr. Appleyard a
part of that amount, but, it was subsequently returned
upon Baron Dimsdale expressing dissatisfaction at the
payment. The facts appear generally in his Honour's
judgment.
Mr. Stuart and Mr. Shapter, Mr, Malins, and Mr.
Bigg, appeared for the parties concerned.
Toe VICE-CHANCELLOR said that this was an appli-
cation to discharge a writ of ne exeat, granted and ob-
tained by
ties being solicitors of this court. The plaintiff's affidavit
that Mr. la
stated
r.Pitatia against the defendant. both par-
Henry Fraser Dimsdale was indebted to
him in the t sum of 17
!u• 51, of which 1201. was for monies
advanced, and the residue for costs, the advances having
been made by him by disbursements for the use of
F. Dimsdale, and the costs for services rendered as his
attorney. Mr. H. P. Dimsdale was indebted to other
and in order to
persons, compromise such debts, by an
b
indenture dated September 19, 1851, Mr. Dimsdalo sold
and assigned to his father, Baron Dimsdale, a rever-
sionary interest, to which he was entitled, for 1,6181.
155., upon condition that the sum should be paid to Mr.
Holt, as solicitor for Dimsdale, in trust to apply the
same towards the liquidation of the pion to purchase
laintiff's. bill of
costa, to
to pay other debts, and with a po rtF. Dimsdale a commission in the Austrian ser-
vice; that Holt agreed to accept,
and did accept the
trust, and the money Was
paid on such trust to Holt,
and that PPleyard was to be paid his bill, which was
refused. AThe affidavit then stated that he believed
Holt had paid 100/. of the debts among the creditors,
and still retained, and intended to retain, in his own
possession a sum of 1,3001., or some part thereof; that
on December 5, 1851, the plaintiff first ascertained
that Holt was about to leave this country, and that if
he did the residue would be entirely lost to him as one
of Dimsdale's creditors upon the terms on which the
other creditors were to be paid. Then followed a letter
from Baron Dimsdalo, in which he stated that he had
hoard that Holt was about to start for Africa, and that he
was uneasy about his eon's debts. Such were the facts
presented to the Court upon the application for the writ,
and though now he (the Vice-Chancellor) was satisfied
he ought never to have granted the writ, yet upon such
a statement he should feel bound to do so were the case
to arise again. The facts had been since more fully
broughtao light, and it appeared that there had been
concealment, ; and
--- in a sense misrepresentation upon the
first application. It now appeared by the answer of Mr.
Holt, which had not been contradicted, and by the plain-
tiff's and his clerk's affidavits, that Dimsdale had in-
curred certain debts, and gross frauds had been practised
upon him, and that his father and the plaintiff had been
engaged in prosecutieg the offenders, and that the plain-
tiff had incurred costs, partly for money advanced, to
the amount of 1,025/. 15s. That in July, 1851, Dims-
dale was in prison,
and Holt
was employed to extricate
him from prison, It was proposed at first that the son
should go through the Insolvent Court, but eventually
arranged that Baron Dimsdale should purchase a re-
versionary interest belonging to the son, on condition
that the money which had been advanced for
the son should be included among his debts, and that
he should be free from all legal charges; but there
was not one word about there being any trust in the
hands of Holt. The transaction was a simple purchase.
Tho 'plaintiff thereupon stated for the first time that he
had a claim against Dimsdale, upon which Holt stated
that, if this claim were admitted, it would be quite im-
possible for him to pay the other creditors. Appleyard
then offered to accept 8001, but Holt refused to pay any-
thing, except in conformity with the deed of assignment.
The deed was executed on the Ist of August, although
it was said the 13th of September was the day on which
the trust was created, and which the plaintiff bad sworn
would appear by Baron Dirnsdale's affidavit, which,
however, was filled too late to be received. It appeared
that what followed was this :—Holt found he was a
cheque un-
able,
with the residue of the fund, to liberate Diammse
dale from
prison, and the father, thereupon,
became
aware aware of Appleyard having intercepted
8181,4 revcaily
.
which ho characterised the proceeding as
.a
deed," and Appleyard immediately gave hiss
for the amount, being naturallyindignant
But, notwithstanding
at such an
expression being applied to bun. insisted
that Dimsdale's
this circumstance, it was
now
olt for which, how-
affidavit would show a trust 'la mr. Appleyard then
ever, there was no pretence.
wrote to Holt, remonstrating
iwith him to the effect
that he was entitled to be pad oat of the fund those
his pocket, and stating
sums which he had paid ofout
oney how be could, and
that he was now left to get b. a position that no
that he was, in fact, placed '"
Appleyard then prepared
solicitor should be placed ila.
h clause about the .81g
out tI
a second deed, leaving