The Sun.
London, England, 1864-11-12 00:00:00

nil SUN, Lopinoisf, SATURDAY EVENING-, NOVEMBER 12, 1864.

LAW INTELLIGENCE—This Day.

COURT OF CRIMINAL APPEAL.

:Before the Lord Chief Baron and Baron ChannLll, Jus-
tices Shee, Willes, and Byles.)
THE QUEEN V. ROBERTSON.

Mr Littler said this was an appeal from a conviction
which had taken place at Liverpool. The prisoner was a
policeman, and it appeared that one evening, some time
ago, he .met one Joseph Speck, who was coachman to Dr.
Bowers, in ILiverpool, and after some conversation with
him, told him that he (the policeman) had seen him talking
to a prostitute, that he had thereby incurred a penalty of
20s , and without he gave him ss. he would take him to
the Hotham-street station and lock him up. The groom
who had three of his master,a horses in his custody said ho
would go any where with the constable if he would allow
him to take his masters' horses home, but this he refused.
Just at this time a sergeant of the police passed, and the
constable who was talking to Speck recognised him, and
said " All right." Finding that the constable was about
to take him to the lockup, Speck, in order to forego such
an accusation, gave the constable 4s. 6J,, which was all the
money he had, and then he went after the sergeant who
had passed‘them, and told him what had taken place, and
the next morning Speck and Robertson had to appear
before Mr Supetintendent Sibball, and the constable was
ordered into custody for attempting to extort money. An
indictment of that nature was preferred against him at the
Liverpool Borough Sessions under the 45th sec. of 21th and
25th of Victoria, chap. 96, for the consolidation of the acts
relating to larceny, and a verdict of guilty was returned.
Mr Littler, for Robertson, contended that the verdict could
not be maintained, because the act did not meet the case,
and also that it could not be considered a menace within
the meaning of the Act, because the utmost it amounted to
was a threat to accuse of anon-existing offence. He thought
the accusation was of so ridiculous a character that any
man of ordinary understanding would have refused to have
made himself a party to it.

The Lord Chief Baron said ho thought the accusation a
very serious one,

Mr Littler agreed with his lordship that would be so if

it came within the meaning of the Act of Parliament.
Every man was presumed to be acquainted with the law of
the land.

The Lord Chief Baron dissented from such an opinion,
because the judges thexselves did not know the law in all
cases. The utmost that could be said on the point was, that
ignorance was not to be taken as an excuse.
Mr Justice Shee said Speck did not know the policeman
could not lock him up.
Mr Littler said an action could have been brought. The
prosecutor should have left it to the law to right him.
Mr Justice Shee—Quite so ; but the law could not do
that till on the following morning, and ho thought it was
extremely uncomfortable to be locked up all night.
After the learned counsel had quoted several eases in
support of his argument, _ _

.. _
The Lord Chief Baron said the Court was unanimously
of opinion that the conviction was quite right.

COURT OF COMMON PLEAS.

:sittings in BAnco, before Lord Chief Justice Erle and Jus-
tices Byles and Keating)

TAYLOR, APPELLANT, V. HUMPHRIES, RESPONDENT-.-TTLII

BONA FIDE TRAVELLER QUESTION.

This case stood for hearing till Monday. It, how-
ever. was galled on this afternoon. It will be remembered
that the appellant was a licensed victualler in business at
Moseley, a place about two miles from Birmingham, and that
on Sunday morning, the 17th April, the police found in his
house 30 men, who were believed to be artisans from Bir-
mingham, some of whom were h .wing bread and cheese and
ale, and others were smoking. Before being admitted they
were asked if they were " travellers," and they replied that
they were. The local magistrates convicted the appellant
of having his house open " otherwise than for the refresh-
ment of travellers," and fined him 40s. and costs. The
decision was now appealed against.

Chief-Justice Erie said the Court would look into the
authorities and give jegment next week.

SHERIFFS' COURT
(Before Air Commissioner Kerr.)
TOO MANY COOKS AT THE AGRICULTURAL HALL.-A NEW

LAW POINT.--SMITH V. RUDKIN.

This was an action to recover one day's pay, plaintiff
being a cook and defendant a refreshment contractor.

Plaintiff said that he was a cook and cutter, and was
at his house of call on a certain occasion when a message
came from the defendant that three cooks were wanted
at the Agricultural Hall. Plaintiff and two more cooks
went up, and upon their arrival it was found that they
were not wanted,

His Honour—Your action is not brought in a proper
form, It should rather have been in the nature of
damages for not being employed.

Plaintiff—l charge a day because I lost a day. If it had
not been for tho message from defendant I might have had
a chance for a better job.

Mr Rudkin denied that he had sent lb? three cooks, No
such construction could be put upon the message. He
sent word to the house of call that three cooks were
wanted at the Agricultural Hall, and were to see the
manager of the refreshment department at that place.
The lad who took the message stated that there was no
positive engagement of the plaintiff. A gneral message
was left that three cooks or cutters were wanted at the
hall.

Plaintiff—l and my two friends were the first on the list.
It is customary in our line to consider that a cook is engaged
for the day when he is sent for.

His Honour could not see the case in that light at all,
A message had been sent that three cooks were wanted, but
the persons who went were referred to the manager, who
would exercise his discretion as to engaging them.
Plaintiff—Oh, dear, no. When we are sent for the first
man on the list answers to the first call, and so on. Then
it is considered that the cook is at all events engaged for
the day.

His Honour thought not. There appeared to be no
specific engagement, but merely a message that certain men
were wanted to see the manager. The manager did not
choose to engage them, and defendant was not liable.
Verdict for defendant.

POLICE INTELLIGENCE.--This day.

The Lord Lieutenant of Ireland.

On Wednesday the Lord Mayor of
.Dublin and members
of the Town Council, and the Vice Chancellor and Fellows
of the University, presented addresses of congratulation to
his Excellency Baron Wodehouse, the new Lord Lieutenant.
The address from the corporation was first presented. The
members of that body assembled at 11.30 a.m. in the council
chamber in their robes, and proceeded thence to the Castle.
The LORD MAYOR, addressing his Excellency, said that
the address which was about to be read had been agreed to
paragraph by paragraph, in a committee of the whole house,
and wes subsequently confirmed by the council.
The TOWN CLERK (Mr Henry) then read the address,
which has been publisht d in our columns.
His EXCELLENCY returned the following reply —My Lord
Mayor, Aid erme n, end Burgesses of Dubl:n,—l thank you
for the address soda have presented to ne. I accept our
kind Expressions of welcome in the spirit in which they are
c ffered, as a mark of loyalty and attv eh ment to our gracieuf
sovereign, whom I have the high honour to represent. I
need scarcely assure you that I entirely share your deep con-
cern at the illness which has unfortunately rendered neces-
sary the resignation of Lord Carlisle. Ireland has lost in him
a most accomplished statesman, of whom it is not too much
to say that he secured the respect of the whole community
by his unvarying uprightness and honesty of purpose;
whilst by the amiable qualities of his heart he has endeared
himself to all who have the happiness of his acquaintance.
I am encouraged in the task which I have undertaken by
the knowledge that in this country, where there is perfect
freedom of speech and writing, I shall have ample opportu•
pity of ascertaining the opinions of all classes of the people;
and 1 am glad to learn, from this address, the views of so
important a body as the corporation of Dublin, for,
although I have in Parliament and elsewhere paid some
attention to the various questions of public interest
to which you have referred, I am sure you would not ex-
pect that, on my first arrival amongst you, I should at. once
pronounce opinions on subjects which have been and still
are matters of Controversy, and concerning which 1 shall
have means here of obtaining more complete and accurate
information. The welfare of Ireland depends not upon the
aid of the Government, but upon the energy and enterprise
of Irishmen, and upon the existence of that mutual confi-
dence to the growth of which I rejoice to receive your tes-
timony. I will only add that it is my most earnest desire
to see this country as prosperous as the rest of the United
Kingdom ; and if I can in the slightest degree promote this
end whilst I have the honour to hold the office of Lords
Lieutenant, I shall feel that I have done good service, not
to Ireland alone, but to the empire."
After the members of the corporation had retired,
The Vice-Chancellor of the University, the Rev. the
Provost, and other of its members, were received by his
Excellency. The Solicitor-General was also present.
The VICE-CHANCELLOR read the address, which was
as follows :—May it please your Excellency,—We, the
Chancellor, Doctors, and Masters of the University of
Dublin, beg leave to present to your Excellency our re-
spectful congratulations on your appointment to the high
office of her Most Gracious Majesty's representative in
Ireland. We lately lost, in your distinguished prede •
cessor, one whose cultivated intellect, kind heart, and
genial temper won for him a well-merited popularity.
In his retirement from public life, which we trust will
be but temporary, he bears with him the esteem and
affection of all ranks and classes of Irishmen. How-
ever widely they may differ on questions of public policy,
they must all gratefully remember his gracious and be-
nignant demeanour, his earnest solicitude for the in-
terests of the country, and his zeal—attested by lasting
memorials—to do honour to the names of our illustrious
dead. We rejoice to recognise in your Excellency one who,
is well fitted to fill the place thus left vacant. We recollect
with pleasure, that by trophies won at a sister university
you gave evidence of a youth spent in the pursuit of liberal
studies, and the generous rivalries of literary ambition. Since
then you have not only borne honourable part in the genera
work of Government, but, intrusted by your sovereign with
difficult and delicate tasks, you have discharged them with
fidelity, sagacity, and judgment. Nor must we forget, as a
circumstance which must attract towards you the hearts of
Irishmen, that, before you were connected with us by your
official position, you were already bound tot his country by
the closest and tenderest ties of private affection. Your
Excellency comes amcngst us at a period when, after long
continued depression, produced by adverse seasons and de-
ficient harvests, the prospects of the country appear to be
again brightening. It is our earnest hope that, under your
mild but firm administration, our people, more than-ever in-
dustrious and united, may, by the blessing of Providence, ra-
pidly advance in the path of peaceful progress, and may soon
forget the disasters of the past in the prosperity of the
present. Of the responsibility incumbent on ourselves, and
the public cervices to be expected from us as members of a
national university, we trust we are duly sensible, We know
how powerfully the destinies of the country must be affected
by the character of the education given within our walls to
the most influential classes of the community. Our best
exertions shall be used to fulfil the ends of our foundati on
by promoting sound learning, eradicating error and preju-
dice, and training up the youth committed to our charge in
the knowledge and practice of their duties as Christians
and as citizens:

His EXCELLENCY in reply said—Mr Vice-Chano ellor
Doctors, and Masters of the University of Dublin, I thank
you sincerely for your congratulations. The regret which
you have so justly expressed for the loss of Lord Carlisle
is shared, I am convinced, by all classes of Irishmen, and it
must be a consolation to him in his retirement to know how
completely he has won the esteem and respect of the people
amongst whom he so long resided. You observe that you
recollect with pleasure that I was amongst those who, at
a sister university, engaged in the peaceful contests of
literary rivalry. I may truly say that, although the busi-
ness of political life has left me but little time to pursue
the studies of my youth, I gratefully acknowledge the
advantages which I derived from those studies which
are cultivated with such distinguished success by the uni-
versity which you represent. I rejoice to hear from you
that the prospects of this country are brightening, and,
whilst I look to the industry and union of Irishmen as the
mainspring of Irish prosperity, I trust that I may fulfil, in
same measure, the anticipations which you express of my
administration. The University of Dublia has long held so
high a place amongst the great collegiate institutions of the
United Kingdom, that I need no assurance from its repre-
sentatives that they will continue to afford to the youth of
this country the inestimable benefits of a sound and liberal
education,

AG Imperial decree appoints M Ferd:nand Barret,
Senator, to be member of the Superior Council of
Commerce and Agriculture to represent Algeria, iu
the room of M. Forcade Le itequette, who replaces
in the Council M. Boinvilliers, raised to the dignity
of Senator.

The Moniteur publishes an Imperial decree,
issut d on the proposition of the 11Ainister of War,
raising General Verge to the rank of Grand Officer
of the Legion of Honour; making four other pro-
molions to that of Commander; 13 Officers and 45
nominations of Knight. Another decree confers
the military medal of 104 sub officers and privates
of different regiments.

M. L. Castel, Sccretary•General of the French
Northern Railway Company, has been promoted to
Officer of the Belgian Order of Leopold.
In the early part of the year mention was made
of an identical circular addressed by Prussia and
Austria to the German Governments for the pur•
pose of leading to measures against the renewal of
an assembly like that of the German deputies of
Dec. 21,1863, and of the committee of 36 named by
that meeting. The German Journal of Frankfort
now publishes that document, signed Bismark, and
dated Dec. 31, 1863, and which particularly relates
to the intervention of such assemblies in the ques-
tion of the Duchies. The circular has, therefore,
at present nothing beyond a retrospective interest.
THE TRAGOPAN.—Among the birds lately re-
ceived at the Jardin d'Acclimatation in the Bois deßoulogne
there are some Tragopans, a kind of Chinese pheasant,
sent over by M. Dabry, French Consul at Han-Keou
These birds are called Too-Chew-Tee by the Chinese,
a name meaning—" The bird that vomits flakes of
silk." They are brought from the mountains of Sze-
Chwen, and also from the Hoo-pay, Fokin and Kwang-
Tong districts, where they are much esteemed by the in-
habitants, both for their plumage and the delicacy of their
flesh. Viceroys and rich people always keep same in cages
as curiosities. The size of the Tragopan does not exceed
that of a common hen. Its plumage displays the must
varied and brilliant colours. The head is jet-black with a
gold-yellow crest; the eyes are large and bordered with
blue ; the neck is sky• blue, the breast a fiery red ;
the back and abdomen speckled white on a red
ground. During summer it displays the magnifi-
cence of its plumage by puffing itself up and strutting
about with the pride of a peacock, every now and then ut•
tering a hoarse caw ; then all at once it thrusts out a tongue
at least a foot long, of a beautiful blue speckled with fiery
spots along the middle, at the same time two charming little
blue horns make their appearance on its head. This de-
lightful spectacle lasts about a quarter of an hour, after
which the bird withdraws its tongue, lets down its horns
and subsides again into its sober toilet for common wear
uttering an odd sound as if in mockery of the spectators.
This bird, according to Chinese naturalists, is not only one
of the wonders of nature on account of its plumage, but
,t also possesses the most important viriue in the eyes
of the Chinese, viz., filial piety; for the young ones take
care of their parents when age or illness renders it im-
possible for them to provide for their own nour,sh malt.
This cfl2ctionate care has procured this creature the name
of Iliac-Ky, or " bird of filial piety." It is also called
Py-Choo-Ky, or " bird that avoids trees," because it
haunts reeks rather than woods. Its flesh is excellent, and
thLehinese say has the properly of making a man intelli-
gent. '.1:11e Tragopan is of the pheasant family, and this is
the fi►st time it has been seen in France. There is every
reason to hope that it will be acelituatised.