The Sun.
London, England, 1864-04-01 00:00:00

tiOu would not only 13..) useless and ridiculous in the eyes of
the enemy, but a further source of anarchy and confusion,
for it is by no means certain that the nation would at prove
of my resolution to abdicate. A single State might refuse
to recognise the legality of the power assumed by Senor
Ortega upon the ground that it had already made its elec-
tion, and the latter would then be under the necessity of re-
ducing the dissentients by force. Under any circumstances,
we should only afford to our enemies an additional cause for
triumph, who would not fail to put forward our dissensions
as a powerful argument in favour of intervention."

On the 28th of January Gen. Douai left Lagos at
he head of one battalion of the Chasseurs a Pied

and three squadrons of cavalry, and on the 29th
directed his march upon Ceocaltiche, which was said
to be occupied by a portion of the Liberal forces.
He arrived
-before the place, which was occupied by
600 infantry and 4 squadrons of cavalry, about 3 in
r•he afternoon. AU the approaches had been for-

titled and the streets barricaded. In order to cut
off the escape of the enemy, the General orcered
his cavalry to surround the to xn. As soon as the
infantry came up they were formed into three
columns, and at half-past 4 the place was vigorously
attacked. Notwithstanding a severe fire opened
upon them, the chasseurs soon made their way to
the church and the plaza, when all further resistance
ceased. Fifty of the enemy were killed and the rest
made prisoners. In this brilliant little affair the
French had two men killed and 13 wounded.
The very day after Gonzales Ortega issued his
warlike manifesto to the inhabitants of Zacatecas,

in w hich he pledged " his word of honour that he
would shed the last drop of his blood in defence of
the liberties of his country," the capital of the State
was occupied by Meja and his forces without a shot
being fired ; and, if report speaks true, the worthy
patriot himself has since addressed a letter to Gen.
Douai, offering to make his submission to the Em-
pire if guaranteed in person and property. The
manifesto was merely an excuse for extorting more
money, and having got this, he is of course anxious
to keep it. The most perfect tranquillity reigns in
all the towns occupied by the French, and the last
accounts from Guanaxuato state "that scarcely a
day passes without some of the followers of Do-
blado giving in their adhesion to the new state of
things, convinced that all further resistance is out
of the question." Trade is fast reviving, and I have
been informed by some of the principal merchants
that 4 has not for many years been known in so
flourishing a condition. As for the city of Mexico
i; is becoming quite a little Paris, and it is only
those who have been resident in the country during
the last five Or six years that can fully appreciate
the immensity of the change.
The last accounts from Monterey state that a very
angry correspondence had taken place between Vt-
duarri and Eglesias, one of the Ministers of Juarez,
in which the former had virtually thrown off all
allegiance to the central Government. On the Bth
Doblado arrived at Monterey, having left his troops,
reduced by desertion from upwards of 4,000 to 1,500
men, at the village of Santa Catarina, distant two
leagues from the c:ty. On the 10th Juarez. accom-
panied by a few friends, also presented himself in
the capital of Nuevo Leon to have an interview with
the governor. 'What may have taken place nobody
seems to know, except that General Mhjia writes
from Matehuala on the 12th that Vidaurri had
armed the citadel and occupied the surrounding
heights, and on the night of the same day a courier
was despatched from Monterey informing Mejia
that hostilities between DAlado and Vidaurri had
actually commenced. Another letter dated Mate-
huala, the 17th says
"Just as Juarez was about to make his entry into Monte-
rey, Vidaurri commenced hostilities against the troops of
Doblado, from whom he took three pieces of artillery and
300 prisoners. Juarez has returned to Santa Catarina ; as
for Vidaurri, he has shut himself up in the citadel with his
troops and artillery. Fighting is going on, and we await
the result with anxiety.
Should this intelligence prove correct, it is evi-
dent that Vidaurri has at length dine what has long
been expected of him—viz., declared in favour of
the Empire. -We may, therefore, expect to hear
that Melia, or some French troops have marched to
his support. In that case, Doblado will have some
difficulty in making his escape. There is also a
report, for the correctness of which, however, I do
not vouch, that General Castagny has completely
routed Gonzales Ortega.

The Loss of the Caledonia Steamer.

BOARD OF TRADE INQUIRY.
Yesterday an official inquiry, instituted by direction of the
Board of Trade, was commenced at the Greenwich Police-
court before Mr. Traill, the magietraie, and Capt. Barris
and Capt. Domett, nautical assessors, into the circumstances
attending the wreck of the Caledonia steamvessel, belong-
ing t , the General Steam Navigation Company, near Flam-
borough Head, on the morning of Feb. 29, whilst on a voy-
age from London to Granter'.
Mr. O'Thwd attended on behalf of the Board of Trade to
conduct the inquiry ; and Mr. Pratt, secretary, with Mr.
Pearce (of the firm of Pearce, Phillips, and Pearce), ap-
peared on behalf of the company to which the vessel be•
longed.
Mr. O'Dowd, in opening the proceedings, said that the
Caledonia was a paddle-steamer, built at Blackwell in the
year 1836, her net tonnage being 423, and her engines of
the nominal power of 2eo horses. The vessel belonged to
the General Steam Navigation Company, and he thought it
his duty to mention a fact which reflected no slight credit on
the excellent management of the company, that although
they possessed a fleet of 50 vessels, afloat in perhaps some
of the most dangerous navigable parts in the world, this was
the first time the machinery of the Board of Trade had
been in operation in respect to any of their vessels since the
passing of the Merchant Shipping Act in 1854. This no
doubt was owing to the admirable skill of the class of men
chosen as commanders, and to that class he believed Capt.
Joseph Clark Hist, who had command of the Caledonia
at the time of her loss, belonged, he holding a cer-
tificate of competency as ',meter trona the Board of Trade
dated the 14th of July, 1855. The vessel left London at
eight a.m. of the 27th February, with a general cargo. a
crew numbering 29 hands, and nine passengers, b. uud for
Granton. Nothing worthy of note occurred until about 7
p.m. of the same day, when the vessel was brought to
anchor off Harwich, that precaution being adopted in con-
sequence of the density of the fog which prevailed. She
remained at anchor until 9 a m. of the 28th (14 hours), when
the tog somewhat clearing off, she was got under weigh,
and at three in the afternoon the vessel passed Yarmouth
Roads. At 8.30 p.m. the Dudgeon Light was observed,
bearing W. and distant about five or six miles. At this
time the weather became somewhat clearer, but at 1 a.m. of
the 29th it became thick again, and at 3.15 (it being then
low water) the weather was very thick, with the wind
blowing fresh from S.E. The vessel shortly afterwards
stranded about a quarter of a mile inside Flarnborough
Head, the light being right a-head, carrying at the time
fore and ate sail, and proceeding through the water at tne
rate of nine knots an hour. Captain Hest had charge of
the watch at the time of the vessel striking, the second mate
being also on the deck, and a proper look-out being kept on
the forecastle. On the vessel striking Captain East
ordered her engines to be stopped and turned astern, and
they were kept backed two hours and a half, when the
engineer reported that the engines were disabled and that
water was over the engine-room floor. The vessel was then
striking the rocks very heavily, and about an hour after-
wards rockets were thrown up, blue lights burned, and
several guns fired for assistance. Seeing no hopes of saving
the ship, at 7.30 a.m. the boats were got out, and one lett
with portions of the crew and passengers for Bridlington,
and the remainder of the passengers and crew were landed
at the village of Southsea, near Flamborough. Shortly
afterwards Captain Hest returned with Lloyd's agent to the
scene of the wteck, but little or nothing was to be seen of
the ship. "These were the short facts of the case, and in
the inquiry which the Court was called upon to make he
(Mr. O'Dowd) believed that every care would be displayed,
and that justice would be done towards those whose con-
duct might be called in question.
The chief mate, Charles Holmes, the second officer,
homas Hall, and other witnesses were called and examined
as to the courses steered, the whole of them stating that
from 12 o'clock on the night of the 28th until the time of
the wreck the engines were not "slowed," the speed of the
vessel being nine knots an hour, nor was the lead hove;
and in anst:er to a question from Captain Harris,
The chief mate said he was not aware of any written or
printed instructions being issued by the company as to the
rules of navigating vessels.
Mr. Pratt said printed instructions were issued to the cap-
tains of vessels, and he was surprised at the statement the
chief mate had made, that he had not been made acquainted
with such instructions.
the inquiry was then adjourned.

[ADVERTISEMENT.] Holloway's Pills. —These cele-
brated pills are especially useful in preventing the ill effects
of luxurious living. They purify the blood, cleanse the
stomach, gently stimulate the kidneys, and act as mild
aperients.. Without some such correctives as Holloway's
villa the festivity of one day would often debar us from all
njoyment fora week. A few doses of this purifying medi-
cine set the foulest stomach right, restrain biliousness,
.teady the circulation, give strength to the muscles, and
composure to the brain and nerves. The pills are incapable
doing mischief to the most delicate cons itution. lam
rue system has been enervated by over indulgence, or ex-
hausted by mercurial preparations, the pills are excellent
restoratives; they expel all polecat and enrich the bleed,

ASSIZE .NriELLIGENCE,

NORFOLK CIRCUIT.—NORIVICII, 'March 31.
(Before the Lord Justice and a Special Jury.)
FULLER V. SUTTON AND OTHERS-THE 111UNDORD POACH-

ING CASE,

Mr. O'Malley, Q.C., and Mr. Phear appeared for the
plaintiff; Mr. Keane, Q.C., Mr. Bulwer, and Mr. Markby,
for the defendants.
This case was an action against three of the magistrates
of Norfolk.
Philip Fuller, the plaintiff, was cross. examined by Mr.
Keane, Q.C.—I was not asked where I Lougat the game,
and I did not say. I did not call the persons I bought it of
as witnesses. Mr. Walpole's uncle was present when I was
before the magistrates on the let of July. He did not apply
for a postponement—they let me go without entering into
recognisances. When I was before the magistrates in
August Mr. Baring said he wished it put off then, as he
had applied for counsel's opinion to knew what he should
do in the case. On the last occasion that I was before the
magistrates Mr. Baring said they had tried to get the
penalty let down, but they found they could not do it,
They gave me a month to pay the fine, and said I must pay
the costs down. I said I had not got the money, but I did
not ask for time.
By the Judge—l don't recollect whether I told my at-
torney where I bought the game.
The reports of the proceedings before the magistrates in
the Busy Post were put in and read.
Mrs. Bye—My husband is Shepherd to Mr. Roper. I
was subpcenoad, and have since had notice to leave my house
within a week,
Mr. Keane submitted that that was an improper ques-
tion.
His Lordship—l cannot believe, Mr. Phear, that a gentle-
man of your experience does not know that that is an im-
proper question, and could only be asked for the purpose of
prejudice.
Mr. O'Malley, Q.C.—lt has been made a point in this
case that the plaintiff did net call these witnesses when be-
tore the magistrates, and this evidence is introduced to
show why he did not. Atter his lordship's remarks I feel
bound to say that I am entirely responsible for the ques•
tion asked by my learned friend, and for the reason I have
stated. The witness went on to say that she sold the pri-
soner the rabbits.
Mrs Mathew—My husband is bailiff to Mr. Roper. I
remember the plaintiff coming to my house just before he
was taken before the magistrates. I had a hare and par-
tridge in my house that day. I parted with them to Fuller.
He gave me some herrings, some yeast, and a shilling. I
gave him the partridge.
This was the plaintiff's case.
Mr. Keane submitted that there was no case to go to the
jury, as the conviction was not quashed.
Mr. O'Malley called his lordship's attention to the Jus-
tice of the Peace Act, and submitted that it was only neces-
sary that the conviction should be quashed in cases not
within the jurisdiction of the magistrates.
His lordship stated that he would consult Mr. Justice
Crompton, and give his decision this morning.
This mornine the learned Chief Justice stated that he did
not feel justified in stopping the case, but he would reserve
the point.
Mr Keane then submitted that no action would lio in re-
spect of the refusal of the magistrates to state a case.
Mr O'Malley said that he did not rely on that as a sub-
stantive cause of action, but it was evidence of malice.
His Lordship— The great question will be whether there
is malice.
Mr Keane not calling witnesses,
Mr 0' Malley addressed the jury for the plaintiff, con-
tending that the facts clearly showed malice, as the magis.
trates had made it one of the grounds of the conviction that
the plaintiff had been convicted before.
Mr Keane then addressed the jury for tee defendants.
He (the learned counsel) thought he could satisfy the jury
that the decision of the magistrates, if wrong, only resulted
from the erroneous judgment of the magistrates, and not
from any desire on their part that justice should be admi-
nistered partially. He did not presume to criticise what
was done in the Court of Queen's Bench, tut what was done
there was calculated to eatbarass the magistrates. Under
en act confessedly obscure, and of which it has been held
that the mere finding of game was presumptive evidence of
guilt, there could not, under the facts of this case, be ma-
lice. What other conclusion could the magistrates come to
than that the plaintiff came by the game improperly ? Could
the ju, y then say that they had personal or legal malice?
The plaintiff gave no account of the game. Game is found
in the cart—a partridge with its legs broken, as if by a trap
or snare ; a hare, which the plaintiff did not mention to the
policeman; the cart against a plantation; and all the de-
fence was that the man had a wooden leg. It reminded him
(the learned counsel) of a story told in one of Mr Dickens's
novels. A coachman was told that the law required him to
do something which it was impossiblo for the driver of a
coach to do, and the reply he made, not very respectful
perhaps, was that if the law required this "the law was a
bass, end never drove a coach;" and he (the learned coun-
sel) said that if the law was such that a man with a wooden
leg could not be convicted of poaching, "the law was a bass,
and had never poached." (Laughter.) Then they say it was
malicious, refusing to state a case; but what did the ma-
gistrates do? They say that is not the proper course, you
should appeal, and then you would have both facts and law
gone into. The plaintiff might have taken up a case after
that. The delay after the case was decided was only caused
by the magistrates taking the opinion of counsel, as to
whether they could let the plaintiff off altogether. Some-
thing had been said about Mr, Sutton saying that he would
not stultify himself by altering the decision the magistrates
had come to. It had been said, why did not the magistrates
come and face the jury ?—why rest their case on the facts as
stated by the plaintiff himself ?—and they say that on those
facts no malice is shown. They could not alter the facts if
they had come and given evidence.
His Lordship then summed up to the jury. He com-
menced by stating that it was for him to decide whether
there was react nable and probable cause for the conviction,
and in his opinion there was not ; but that would not ren-
der the defendants liable, unless the jury were of opinion
that there was malice. Under this act of Parliament it was
not necessary that the man should be seen upon land. That
conclusion might be come to inferentially, but in his opinion
the evidence did not justify that inference. If this man had
been found at 5 o'clock in the morning or with guns atednets,
or even in company with a person who was proved to be in
pursuit of game, the case would have been different; but
the inference was, what the evidence to-day has abundantly
proved, viz., that he was going about the country collecting
game which other pt °pie had taken ; and that would not
justify the conviction. But it is not because magistrates
make an error in judgment that they are to be responsible
Then came the question, was there malice ? He (the learned
judge) would have seen not hiring in the case to indicate malice
had it not been for the unfortunate expression of Mr. Baring.
to the affect that they allowed themselves to be influenced
by the antecedents of this man. The question then was,
were they so influenced ? It appeared Mr. Baring used these
expressions to justify the opinien of the magistrates, which
had been rather roughly handled by the Court of Queen's
Bench ; and if that was the case, and they were only influ-
enced by the evidence which was before them, they were
not liable. But if the magistrates strained the law in order
to convict this man, that would be. malice. The question
for the jury was, whether what was done was maliciously
done; if not, their verdict must be for the defendants.
With respect to the refusal of the case, that was matter for
their consideration on the question of malice. They had a
discretionary power, but they were bound to exercise that
without niches. It was said they had omitted facts in the
case, but it the jury were of opinion that the only question
on which the magistrates wished for the opinion of the court
was as to whether it was necessar y to prove that he had been
seen on land, then in his (the learned judge's opinion) no
material fr.cts had been omitted. If the plaintiff wanted to
reverse the decision on the facts, the Court of Quarter
Sessions was undoubtedly the proper tribunal to go to. As
to the count for the imprisonment, he was of opinion that it
was justified by the subsisting- conviction. The jury would
therefore say whether there was malice, and whether an
verdict for,
unreasonable time elapsed between the decision of the Court
of Queen's Bench and the imprisonment of the plaintiff.
Theei Jur
y, after considering for
fmora4Js. —and stated, in neatly two hours, returned
a rdc
reply to a question from his lordship, that there was only
malice in straining the law at the time of conviction, and
that no unreasonable delay occurred in carrying out the

conviction.
His lordship certified for a special jury, and that it was
a proper case to be tried.
PRATT v. cANNELL.
Mr. O'Malley, , gr. Beane, Q C., and Mr. Cherry
appeared for the plaintiff; Dlr. Bulwer and Mr, Stephen-
son for the defendant.
This case involved a question as to the title to a fence,
and was of no interest whatever except to the parties can-

cerned. ls.—was entered
•
bytpislain case,tiff
byAcovnersednictt. for the plaiutiif—daraages,
NEWHAM V, MASTERS AND OTHERS,
In
he this Wirhoimalsworae machinery of the defendants,
an action for injuries sustained
who are merchants and millers at King's Lynn, a verdict
was entered for the plaintiff fur £l5O by consent,
Mr, Keane, Q C., and Mr. D. Brown appeared for the
plaintiff; Mr. O'Malley, Q.C., and Mr. Markby for the
defendants.

CROWN COURT.
(Before Mr. Justice Crompton.)
Collbeck, Alexander, McDowell, and Rock, the four
soldiers who were tried yesterday for riot and violent
assaults, were found guilty and sentenced to three years'
penal servitude.
Mr. Metcalf and Mr. Sims Reeve appeared for the pro-
secution, the prisoners were not defended by counsel.
Edward Hyde was indicted for feloniously wounding
Thomas Smith.
Mr, Carlos Cooper was for the prosecution, and Mr. Drake
for the defence.
The prosecutor was a veterinary surgeon, and the prisoner
a brewer, both of them living at Watton. On the evening
of the 24th of December lust they were both drinking at
the Green Man, at Watton, and a good deal of quarrelling
seems to have occurred amongst the patty. The prosecutor
was turned out of doors by the landlord, and for half an
i3911r Afterward' occupied hitueelf with knocking and kick-