The Sun.
London, England, 1852-05-22 00:00:00

V Wel Ebittion,

TA VTERSALL'S.-THIS EVENING

Six o'cLocK.

DERBY.
9 to 2 agat Hobble Noble
6 to 1 agst Little Harry
10 to 1 agst Alcoran—taken
10 to 1 agst Harbinger—taken
10 to 1 agst Claverhouse
15 to 1 agat Alfred the Great
15 to 1 agat Kingston
20 to 1 agst King of Trumps
25 to 1 agst Augur
25 to 1 agst Joe Miller
30 to 1 agst Orelio
30 to 1 agst Daniel O'Rourke
33 to 1 agat Womersley
33 to 1 agst Chief Baron Nicholson
33 to 1 agst Stockwell

CHANCERY.—(THIS DAY.)
THE RIVAL OPERA HOUSES.
LUMLEY V WAGNER.
Mr. BETHELL (in continuation from our Afternoon
E lition)—The Wa,4n2rs denied that the letter of Dr.
Becher of the 10th of March contained any mention of
his having the money ready to pay to them. It had
bean, unfortunately, found impossible to produce that
letter—its loss had been one of the greatest difficulties
they had had to contend with.
The LORD CHANCELLOR—The letter ought certainly to
have been produced, as the defendant denied that it con-
tained what it was sworn to have contained. I mast
certainly take it against those who do not produce it.
Here is a case where the parties are contradicting each
other in the flattest way, the Wagners, in fact, charging
Dr. Becher with perjury. On that part of the case, there-
tore, I cannot satisfactorily make up my mind; bet when I
look at the documents, which cannot deceive, the com-
munications which passed between the parties, those
I find against you. Not a word is said in the answkr to
Lumley about the money, and if Dr. Bacher had not
offered to pay the money, Mr. Lumley ought to have
been informed of it. Besides, it appears that Madile.
Wagner, by her labours at Berlin, had rendered her-
self unable to perform her contract. She was not in a
fit state to sing.
Mr. BETHELL said he scarcely thought the affidavit
went to that extent. Leaving that part of the case, the
Learned Counsel than proceeded to Fugue that the con-
tract had been unfairly °trained by Dr. Becher.
The LORD CHANCELLOU—DO you SCOUse him of fraud
Or IL iSrVprii.,euturu?
Mr. BETHELL—Or misrepresentation—of obtaining
the contract by stating facts not true.
The LJRD CHANCELLOR—That is fraud, Mr. Bethel!.
M. ET, :HELL-8J it is, my Lerd, in e certain sense.
Tne Loan CHANCELLOR—I think it i 3 trend in every
body's see-e.
Mr. BETHELL—It was evident, however, from the affi-
davits that the Wagners were oely induced to sign the
engagement by the Inducemects held out by Dr. Bachtr.
The LORD CHANCELLOR—I think the letters are
against you, Mr. Bethell. While they complain of the
restrictive clause, they at the s tale time acquiesce in it,
and all that Dr, Becher 'seems to have said was, that
when she got to London she sh.culd do as she liked—
certainly a very large promise.
Mr. BETHELL—Certainly that acquiescence had been

....„
caused by the miirepresentation of Dr.l3acher. In
conclusion, he relied for obtaining a dischirge of their
••••••' 4 '4' Order on the inappropriate and unwArranted application
of the jurisdiction of the Court by way of injunction.
Ho' also relied, though less :trobgly since hearing the
rrmarks which hvi fatten from his Lordship, that it was
the undoutrted-4tity-of - Mr. Lumley to have taken nave
••• that the sum was for ,i,arded to' the Wagners in confor-
mity with the original contract, and on the uccontradicted
fact that the mony was not forthcoming till the 15th of
April. He would leave the case in this position in the
h,..nds of the Curt, being perfectly satisfied that
his' Lordship, if he placed himself in the same po-
sition as Miss Wagner, when eho made the en-
gagernent with Mr. Gye, wuh the 5,Qa3Gn advancing,
no money forthcoming from Mr. Lumley, and no news
of him, that she was perfectly justified in treating the
contract she hitiri merle with him as at an end, and in
entering into a new one more beneficial to herself.
It being now 'close nilon three ;.'clock, his Lordship
rose to attend a Cabinet Co,uneil, and the further hearing
of the canoe was postponed until Wednesday.

i,e

FRANCE.

General M'2elahon quitted Constantine, May 9,
with an army of 10,00 D men, to undertake an expedi-
Lion agaiest Kabylia.
Galignani announces the death of the Hon. Lady
Airey, widow of the late General Sir George Airey,
&c., and sister of the late Lord Talbot de Malahide.
Her ladYsbip had been for many years a resident in
Paris, where she was much respected.
Letters from Saint Francisco, of 4th April, state
that all the emigrants sent, out by the Lottery of the
_ ingots of Gold had succeeded in obtaining employ-
ment on favourable conditions_
The total amount of the first day's ealo of the Soult
collection of pictures was 973,739 francs.
The court -martial of the 10;11 division has just
commenced at Montpellier the trial of several pri-
soners charged with having been engaged in the in-
surrection at Bedarieux, and in the murder of three
gendarmes. This case is the most serious that hes
been brought before the miiitary tribunal, and it
shows, in a remarkable degree, the preparations that
had been made by the Socialist party for a general
demenstration, and the horrible consequences that
would have resulted from it if it had been successful.
The indictment reveals circumstances of such atro-
city, that if they were not founded on the most posi-
tive evidence they might be considered incredible.
A striking fact has been revealed in connexion
with this affair. It appears that long before Decem-
ber, two or three of the inhabitants of Bedarieux,
aware of the extent to which Socialism had spread,
and of the danger that threatened, had proposed that
an application should be made for an increased
armed force, and that a subscription should be
entered into to defray the expense of it.
Only five persons could be induced to sign this appli-
cation. This was not because the respectable inha-
bitants hesitated to make a pecuniary sacrifice, but
because they dreaded putting their names to a paper
which, in the event of the triumph of Socialism, might
have exposed them to destruction.
The Prince-President of the Republic has just sent
the decoration o' the Legion of Honour to a cure
named Henrich, residing in the parish of Kostheim,
near Mentz. It appears that this parish had suffered
exceedingly in 1808 from the ravages of war, and
that on a representation to that effect being made to
the Emperor Napoleon, he contributed generously
to the wants of the inhabitants, and, in addi-
tion, freed them from taxes for a period of fifteen
Years. When, in 1821, the news of the Emperor's
death arrived in France, the cure Henrich sponta-
neenaly assembled his parishioner?, and celebrated
with them a funeral ceremony in honour of their
benefactor. The Grand Duke of Hesse, hearing at
the time of this act, directed M. Aull, President of
the Tribunal of Darmstadt, to express to the cure
how much his conduct pleased him. It is for this
conduct that the President of the Republic has now
sent to bI. I-I-enrich the cross of the Legion of
Honour.
Accounts have
been reccived from the penal settle-
ment of Lambessa. At first some acts of indiscipline
„bad taken place,i ,but they were promptly repressed.
The agricultural labours
of the colony occupied the
mass of the convicts, the remainder being occupied
with the construction of buildings. The church had
been completely finished, and the cure of Bathna
officiated in it regularly.
GE Rill AN y.
Prussian Gazette has the following un-
der3""P The New
g and the princes
Of Potsdam, the lath e.eee the head
the Kin When the
garrison;nani
Emperor of Russia,
ar-
rived at the Palace, the officers of the
The as
fasted the greatest enthusiasm. 4'.ulneror ap-
accompanied by the 1&
nor
on the balcony,
zda__.ng and
the Princes, and a numerous suite. His •
--eel's, to
descended, and went into the midst of the ojes";Y then
whom he said—' It is a great pleasure to me again to
see ; you know my sentiments, and that I
always been your faithful comrade. My heart has
been with you in difficult times. (In saying these
words the Czar shook hands with Count Blumenthal,'
the Colonel of the Ist Regiment of Guards.) ;you
have alwaye been faithful ; I am to you un-
changed (der alte zu den alien). W
e will always re-
mits friends, and assist each other as friends. Do
you desire this?' The, officers, who bad formed them-
. s selves into a circle, replied with loud and enthu-
siastic cries of ' Yes!' The Emperor then, after
es-a addressing some kind words to some of the colonels,
said to General Macerendo, as he was about to rehire,
Thus we shall always be the same good friends; Fici
faithful comrades.' A ioud hurrah was then set' up,
- and continued until the Emperor re-catered the
Palace." "The Emperorhad made liberal Presents to
different classes of persons. To the workmen ori the
railroad between Weimar and Berlin he gave 120
ducats (about 1,4000, besides handsome presents to
the engineers, clerks, &c.

"PATIFNCH" OF BIRDS. —We have all heard, of,
• and marvelled at, the "patience of Job." But what I can
exceed the patience of birds when hatching? During a
period which-continues from three to eight weeks, neither
the approach of danger nor the calls of hunger can drive
them from the nest. Before incubation is completed, the
female, however plump at the beginnintr, is generally eima-
elated to a skeleton. Among some tribes, the male and
female sit alternately, the more equally to divide the tedious
labour; among others, the male provides food for his mate,
while hatching; or alleviates her toils by his melody from a
neighbouring bush; Some join together in the arduous ope-
ration, and, by increasing the heat, endeavour to accelel•ate
its progress. At. times, however, the eggs acquire a heat
that seems hurtful to infant life; on these occasions they are
left to cool ;
and the hen, after a longer or shorter space, ac-
cording to the weather, again resumes her occupation, with !
former perseverance and pleasure.—/Cidces Own Journal.,
OFF DAATUOUTH.—Weiiington, llobart Town.
PLyatotrru, MAY 21.—Wind Lousie Mar-
, garetta, Sierra Leone.