The Sun.
London, England, 1852-11-05 00:00:00

E SUN, LONDON, FRIDAY EVENING, NOMMBER 5, 1852.
- r 1V TELLIGENCE.

LAW INTELLIGENCE,

Galloway, the British Coma at Naples, before whom
the mate and crew preferred a complaint egainst him.
Ho believed they said ho wasan habitual drunkard. The
entry was a false one, and hetore it.
Mr. Ingham—A most imp•oper proceeding, indeed, to
destroy any part of the log•took.
Mr. Ingham—How often me you under the influence

OXFORD, Nov. 3.

EQUITY COURTS.—Nov. 4.
(Before the Lords Justices of Appeal.)
➢IAXWELL V. MAXWELL.
This was an appeal from the judgment of the Master
of the Rolls upon a special case submitted for the opinion
of the court, under the following circumstances:—ln the
year 1821, Peter Constable Maxwell, a gentleman con-
nected with Scotland, but resident and domiciled in
Yorkshire, and having both real and personal estate in
England, and real estate, consisting of certain heritable
securities, in Scotland, made his will in the English
form, and executed and attested so as to pass real estate
in England. By that will he, by virtue of every right,
power, and authority enabling him in that behalf, gave,
devised, and bequeathed unto and to the use of certain
trustees named in the will, all his real estate whatsoever
and wheresoever, and whether in possession or reversion,
upon trust for his wife for life, with remainder for the
benefit of all his children. The testator died on the day
of the date of the will; and as the will, for the want of the
formalities prescribed by the Scotch law for the passing
real estate, was inoperate to pass the heritable securities in
Scotland, these descended upon the testator's eldest son as
his heir, according to the Scotch law. The object of the
special case was to take the opinion of the court upon the
question whether the eldest son was bound to elect be-
een the real estate in Scotland to which ho had suc-
ceeded by docent, and the benefit given hint by the
will, or whether ho was intitled to both the benefit
under the will and the real estates descended. The
Master of the Rolls, upon the hearing of tho special
case in May last, had come to the conclusion that the
case was covered by authority, and that th© heir was
not pat to his election.
Lord Justice Lord Cranworth said ho concurred in
the correctness of the conclusion to which his learned
brother had arrived. He took the general rule to be
that general words prima facie imported only what was
capable of being operated upon by the will. Where it
was evident on the taco of the instrument that it was in-
tended to exiend beyond that limit, as where other
property was mentioned in express terms as in many
of the cases cited, that would be a ground of distinction.
There was, however, nothing of the sort here, and the
Court would therefore be doing what was not warrant-
able if it relied upon conjecture, however probable, as
to the testator's intention, as a ground for departing
from the general rule in the construction of this will.

of liqucr?
Captain Nicholson—Well I can't tell, I know it was
very often.
The Magistrate stopped the case, remarking that there
was no doubt that the matt had acted with the honest
intention of doing his best for preserving the ship and
the lives on board.

NAVAL LVTELLIGENCE.

PORTSMOUTH, Nov. 4.
The following, midshipmen were examined yesterday
on board the Victory, and found qualified for the rank
of lieutenants—Messrs. Henry B. Phillimore, of the Sans
Pareil ; Augustus H. Law, of the Encounter ; and
11. J. Challis, supernumerary of the Victory, late of the
Growler.
Mr. Hurne J. Bcatson, ma,ster's•assistant, also qualified
at the same time for second-master, R.N.
The Avon steam tender arrived here yesterday from
Plymouth, with supernumeraries, and sailed again in
the evening.
The Norwegian steam-corvette Nidaros, Captain
Hagerup, is daily expected at this port ; also the Russian
corvette Dvina, now in the Channel.
Commodore Lord Adolrhus Fitzclavence, G.C.H., ar-
rived at this port this a'.ternoon, and hoisted his first-
class broad pendant on bead the Blenheim, 60, for the
purpose of saluting, when the customary gunpowder
compliments were exchanged between that ship and the
Port-Admiral's ship Victory. After which the pendant
was struck on board the Blenheim and hoisted on board
the Royal George, the hull of the Royal yachts. We
understand his Lordship gave hospitable entertainment
to her officers and crews en the occasion.
The remains of Mr. Hoary Davy, the late Master-At-
tendant of this dockyard, were removed to-day in the
Devon lighter to Plymouth, for interment.
The Encounter screw corvette, Captain O'Callaghan,
has adjusted her compasses, and is now ready for service.
of
Wedllalyn,gttrbe ooppored, &c.
screw three-decker, will be
taken The Dukedockinto to

PLYMOUTH, Nov. 4

COURT OF QUEEN'S BENCIL—Nov, 4.
(Sittings in Banco.)
CRIMINAL INFORMITION.
In this case. Sir A. Cockburn, QC., moved for a rule
on behalf of Earl Fitzhardinge. The alleged libel was
contained in an article in the Cheltenham Chronicle of
the 21st July, 1852. Sir Alexander Cockburn read this
article, which was of SOM9 kngth, and charged the Earl,
who is Lord-Lieutenant of the county of Gloucester, with
having appointed a batch of deputy lieutenants for the
purpose of serving his own political purposes. From the
affidavit of Lord Fizharclinge it appeared that ho had not
for some years appointed any deputy lieutenants prior i
to the pasting of the Militia Bill ; that he had then con-
sidered, to carry out the purposes of that act, more
deputy lieutenants ought to be appointed ; that he
selected a list of the gentlemen whom he considered
eligible for the office; that in selecting these gentlemen
he was actuated by no political motive ; and 'that the
illlegations of the article complained of in that respect
were wholly devoid of truth. Sir. A. Ceckhurn was
he
proceeding to comment upon the da lane, when
was stopple d by
Lord Campbell, who remarked that this case was pre-
cisely similar to that of Lord Lonsdale (which was
fully reported in The Sun in November, 1851), where
a ule was granted and thrlt the learn° -1 geman
might take a rule in, this case also.— Rule accordinentlgly.

Her Majesty's corvette Dido, Captain Moorshead, was
yesterday towed up harbotrr by the Conflation and Pike
steam-Tessels,U,She is to II) placed in dock to have de-
jects made good.
The defects of the Rodney, 92, Captain Graham, C. 13.,
and Termagant, 24, scrov-frigate, Captain Gifford, at
Devonport, are to be male good; but it has not been
stated whether they will go into harbour for that pur-
pose.
Their lordships appear anxious that the St. Joan
d'Acre, 101, screw-ship, at Devouport, should he has-
tened, and they have given directions for 150 more ship-
r;rights to be put on her.
In ordor to give place to the Diio the Madagascar
will be taken out of dock, where she was pet on Tuesday
to be fitted as a storo ship for Rio Janeiro to relieve the
Crescent.
_ _ .

- The Avon sailed on Tuesday with sup.•;rnumeratics
for Portsmouth.
Mr. Roberts, President of Monrovia, his lady, and
suite, embarked on Monlay. under a salute of seven
guns, on Ward her .itsjetty's steamer Dee, Lieutenant-
Commander G. S. C. Smith, which sailed this morning
for Monrovia and the Cape of Good Hope.
It will be satisfactory for merchants corresponding
with the Cape of Good 1:ope to know that all the bays
for that colony were transferred in Plymouth Sound, on
the 15th October, to the General Screw Steam Shipping
Company's mail packet Calcutta from the Melbourne
(late Greenock), which sailed the same day, incurred
damage on the 19th, and on the 24th put into Lisbon
with her mails saturated by le skage, top gear carried
away, and every probability of her being obliged to go
into dock, discharge cargo, and be repaired.
A Cowes plot, at 2 p.m. on Wednesday, spoke a
French brig of war, under reefed topsails, with the wind
in south west, off the D!;adman, from Guadsloupe, bound
to Brest,

COURT OF EXCHEQUER —Nov. 4.
(Sittings in Banco.)
TODD V, KERKIDGE.
This was an action tried bei'ore the Lord Chief Jus-
tice of the Common Pleas, at the last Guildford assizes,
when a verdict was found for the plaintiff, with 35/.
damages.
Mr. Edwin James now moved for a rule to show
causo why a nensuit al.cfald not be entered pursuant to
leave, or the verdict set aside, as being against the
evidence. The facts of the case appeared to be as fol-
laws:—The plaintiff who was a governess, last June
twelvemonth, advertised in the daily papers fur a
situation. In consequence of this, Mrs. Berridge, wife
of the defendant, who is treasurer for the county of
Surrey, residing near Dorking, wrote to the plaintiff,
who afterwards met Mr. and Mrs. Berridge at an inn in
Dorking, when an engagement was entered into. The
was dismissed from the defendant's service in the
following 02tober, and by the present action she had
souc.,,nt to recover damages for such dismissal before the
expiration of a year. The whole question arose on the
plea of the general issue, the point being whether a
governess was a domestic, or menial servant, and there-
fore subject to the same rules and customs with respect
to a hiring as domestic or menial servants.
Mr. Baron Alderson—What is a governess in point of
law?
Mr. James—A. governess is a governess, my lord.
(Laughter.)
Mr. Baron Alderson—Yes, no doubt. The Queen is
a governess, in one point nf vlvw. (I...ughter.)
Mr. Baron Parke—No governor.
The Court eventually said they would take time to
consider the matter.

WOOLWICLT, Nov. 4.
APPOINTMENTS.
Naval Instructor William J.lnson (1841), to the
Agamemnon, 90, screw steam-ship, at Sheerness.
Acting Assistant-Surgeon Archibald Stevenson, to the
Victory flag•ship, at Devonport.
PROMOTION.
Lieutenant Sherard O;born (1846), at present serving
in command of the screw-steamer Pioneer, one of the
vessels of Captain Sir Edward Belcher's squadron in the
Arctic regions, cud formerly command►ng the same
vessel during Captain Austin's visit to these regions, is
promoted to the rank of Commander.

NEW SYSTEM OF MANUFACTURING

SUGAR.

INSOLVENT DEBTORS' COUNT.—Nov. 4.
(1340r0 Mr. Cornmissionor Phillips.)
IN RE TIVIMAS STEVENS.-WANG TO AUSTRALIA..
This insolvent, a young man, was opposed by Mr.
Sargood for Messrs. Baker and Grover, wholesale gro-
cers at Portsea.
Mr. Dowse supported.
The insolvent was a grocer at Selborno, near Gosport,
and was to sail from the London Docks on the 1 lth
September last, with his wile to Australia. His pas-
sage was paid, sad on the day the vessel sailed he was
arreted at the Docks and conveyed to prison. His wife
had s
sailed, and he now applied to the Court to be libe-
rated.
Judgment was deferred to file a copy of a will under
which the insolvent had an interest.

THE RELIGIOUS PERSECUTION AT FLO.
FENCE.-THE MAMAIS.

TO THE EDITOR OF THE MORNING HERALD.
Sit,—You were so good as to insert in your columns,
a short time ago, a letter I had received from Geneva
on the subject of the Madiais at Florence.
The interest felt by the public is very great ; and I
may therefore request you to publish the accompanying
otter from Lord Roden, the head of the deputation to
the Grand Duke from many of the Protestants of En-
and the Continent.
Your very obedient servant,
SHAFTESBURY.

Nov. 3, 1852.

(Copy.)
Florence, Oct. 26,1852.
Dear Lord Shaftesbury,—l feel it my duty, together
with the other British members of the deputation, Lord
Cavan, and Captain Trotter, to communicate to you, as
president of the Protestant Alliance, the course etc have
adopted since our errival here, as well as the result of
our endeavours to obtain the object for which we have
been sent.
On our arrival at Florence on the morning of the 22d,
we felled that some of the foreign members of our de-
putation were already arrived ; we immediately put our-
selves in communication with them, and, after asking
God's blessing and guidance upon our proceedings, we
came to the resolution cf addressing a letter at once to
the Tuscan Minister of State for Foreign Affairs, with-
out the intervention of any diplomatic agent ; praying I
to be win-fitted an audience by his Imperial and I
Royal Highness the Grand Duke. A copy of our ap-
plication I herewith enclose (No. 1). During many
hours of close consultation for two successive days we
wore engaged in discussing the substance of cur address
to the Grand Dukc, should wo be admitted to the honour
of an audience by his Imperial and Royal Highness.
Lord Cavan, Captain Trotter, and I, felt that the great
object of our mission was the case of the Madiai ; we
were, therefore, unwilling to mix up any other subject
with it, which might either retard or prevent altogether
the release of those two faithful Christians, whose
persecution has created so great a sympathy throughout
Europe.
In the evening of yesterday we received a reply to our
communication from the Duke of Cassaglione, a copy of
which I also enclose (No. 2). We feel that the substance
of this answer is such as to induce us to hope, that al-
though our immediate request has been denied. yet
that it is the intention cf his Imperial and Royal
Highness to extend his pardon to the Medial at no dis-
tant period. We, therefore, think that it would be im-
prudent in us to take any further step at the present
time, except to send to the Duke of Caisaglione a copy
of our address to his Imperial and Royal Highness had
ho favoured us with an audience—a copy of which I
also eeclose (No. 3).
It is our intention to ask the leave of the Toscan
Government to visit the prisoners at Volterra, and at
Lucca ; and, I hope on our return to England, we shall
be able to give you and those whose delegates we are
every information with respect to the circumstanoes in
which the Bladiei are placed, and the hopes which we
entertain fur their speedy release.
We do not think it right to enter into greater detail
at present, and will only add that we hope to finish our
business here so as to leave this, on our return home,
early in the next week. We have great cause to be
thankful to God for his great mercies, which we have
received during the whole of this undertaking and in our
long journey across Europe : and we aro most grittnful
for those many prayers which we know have been
offered up on our behalf.
Believe me, dear Llrd Shaftesbury, •
Very eincerly yours,
(Signed) RODEN.
The Eerl of Shaftsbury, President of the
Protestant Allia ice, London.

liano
The following is the letter of the Duke of Cassig
above referred to

" Florence, Oct. 25, 1552.
"My Lord,--I have submitted to my august Sove-
reign the letter addressed to rue under date the 24th
inst., signed by the gentlemen at the head of whom
appears your name.
" his Imperial and Royal Highness, while appre-
ciating the course you have adopted in this mutter,
would certainly have repelled any political pressure
(pressiine) whatever, and the honourable diplomatic
agents resident at this Court would have been careful
to avoid it.
" The Madiais (man and wife), Tuscan subjects, to
whom you refer, have been condemned to five years'
imprisonment by the ordinary tribunals for the crime
of propagating Protestantism (de propagande protestante),
which is proscribed by our laws as an attack upon the
teligioa of the State. Their punishment is the uppli-
c ition of these laws, and their appeal for a reversal of
their sentence has bean rejected by the Court of Ces-
sation.
" His Imperial and Royal Highness, in reserving to
himself the exercise of his high prerogative in ti uch
cases and at such times as he may) udge right, ceinnot
permit any interposition in a case which concerns., the
'administration of justice in his States and his acts
towards his own subjects.
' My august Sovereign, recognizing the benevolent
sen!iments by which you have been actuated, but not
considering it necessary to listen to any kind of inter-
vention on this subject, commands mo to inform you,
my Lord, that he regr.sts being unable to grant the
audience solicited by you and the other gentlemen who
have signed the letter which has been addressed to me.
" Accept, my Lord, and convey to those gentlemen,
he assurance of my high consideration.
" LE DUC DE CASSIGLIANO.
To the Right Hon. the Earl of Roden, Florence."'

In consequence of the refusal to affc,rd an andicnco
Lord Roden, and his colleagues, acknowledging the pro.
alias, on the part of the Grand Duke to exercise his pre.
rogative at the fitting moment, thought it incumbent in
the discharge of their mandate, to present the following
expression of sentiments which they had been authorised
to lay before the Grand Duke :
" Monsigneur,—Your Imperial and Royal Highness
&ready knows with what object, and in what quallty wo
have the honour to present ourselves before you ;. not
only have we avoided recourse to diplomatic intervention,
which would have compromised the exclusively religious
character of the step we have taken, but we manifest
now again our express desire, that this step shall not be
made the ground of any future political action.
" Here are only simple Christians, representing mil-
lions of other Christians, who desire no other arms than
prayer—no other force than that of their Divine Master.
This is an Embassy of a new kind, and which manifests,
we dare to think, our respect for the sentiments of the
Prince to whom it is sent.
" Our brethren said to us, Go not in the name of
such or such Protestant power, but in that of the Lord
Jesui; boar to the Sovereign of Tuscany the expression
of profound sympathy which is excited by the situation
of Mons. and Madame Madiai. We dare to hope that
sympathies as general will bo taken lute consideration
by your Imperial and Royal Highness.'
" Wo wilt not, Monseigneur, commit tho impropriety
of expressing an opinion upon the law that has been
applied, and on the manner of its application. It does
not belong to us truly to meddle with legislation, or the
administration of justice in your states. We feel simply
the need of adding a word which will justify our pro-
ceedings, by showing that what we desire for partners
of our own creed we do not refuse to those who aro
strangers to our faith.
" Roman Catholicism is free in the Protestant coun-
tries which we represent. Your Imperial and Royal
Highness comprehends why we renal this fact. How
could we have dared to address our memorial in favour
of our brethren, the Madiais, if we know not how to
respect ourselves the liberty of Roman Catholics.
•' We should have been wanting in the profound re-
spect we owe your Imperial Highness had we hesitated
to hold this language.
" Respect is not only on our lips, it is in our hearts.
The evangelical Christians who sent us here have all
learned by the study of the Holy Scriptures to honour
established powers, and their prayers for your Imperial
and Royal Highness are joined to those which from all
parts of Europe and America rise for our brethren, the
" We dare to hope, Monseigneur, that your reply will
give complete joy to those who sent us.
(Signed) " RODEN. A. DE GABRERIN.
A . DE BONIN. CAVAN.
F. DE MagONT. TROTTER."

NEW WATER COMPANY.—The " Wendt° Water
and Sewage Company" has been formally introduced in
the market, with a nominal capital of half a million
sterling in 101. shares. It will be remembered
associationberedthatthe
bill embodying the objects of the proposed
actually engaged the attention of the Select Committee
on the metropolis Water Supply last session, but that
owing to its being delayed till a late period of the session,
it was judged expedient, with a view to avoiding unne-
cessary expenditure, that the bill should be withdrawn,
upon the understanding that the same measure would
be proceeded with in the new parliament. Tho objects
of the association are the supply of an unlimited quantity
of pure water from the River Wandle and its vicinity to
the inhabitants of the southern portion of the metropolis
extending from Richmond to Deptford, Streatham and
Norwood; and the simultaneous execution of sanitary
improvements. The rates of charge aro to be much
lower, it is stated, than those of the Lambeth and South-
wark and Vauxhall water companies.
THE MEMORY OF THE DEAD.—At a meeting of the
corporatian yesterday, one of the members, Mr. Codd,
a Roman Catholic, submitted a motion to the effect that
the Lord Mayor having apprised the House that the
Earl Marshal has reserved for the members of the cor-
poration 25 places in St. Paul's Cathedral, to attend the
funeral obsequies of the late illustrious Duke of Wel-
lington, his Lordship be requested to ascertain the names
the
of the members who are desirous to be present on
occasion ; and should the number exceed that for which
accommodation has been provided, that the members be
then selected from those by .ballot. After a sharp dis-
cussion the motion was carried by a majority of 26 to
eight. The minority was wholly composed of Roman
Catholics.
IRON FOUNDERS IN GLASGOW.—The following are
the number of foundries in Glasgow and suburbs, viz.:
—North side of the town, 17 ; west side of ditto, 103!
south side of ditto, 7 ; east tide of ditto, 9 ; total, 43.
These aro all in full operation, with the exception of
three standing.
NEW FOREIGN RAILWAY.—It is stated in letters
from Copenhagen that Sir Charles Fox, as was antici-
pated, has obtained the concession of the Roskilde-
Kortor Railway on favourable
terms, the state giving a
guarantee of 4 per cent. The line is believed to be about
50 miles in length. It is understood, however, that
some official formalities remain to be gone through.
Surveys of the Copenhagen and Elsinore line are also
being protecuted on account of English capitalists,