The Sun.
London, England, 1864-02-09 00:00:00

SECOND COURT.

(Beret) Mr. Justice Keating and Common Juries.)

SHEPHERD V. GARRETT,

The whole.. of Saturday was occupied with the
trial of this cause, L.rivolving bill transactions of so
complicated a nature tht.t even the learned Judge
at first expressed his inabilit; to understand the

evidence of some of the witnesses.
The trial was adjourned at the rising of tLe Cour'',
and resumed this morning.
Mr. O'Malley, Q.C., and Mr. J. Best ware for the
plaintiff; and Mr. Hawkins, Q.C., Mr. Joseph
Brown, and Mr. Clover for the defendant.
The action was brought by the plaintiff, as en-
dorsee of a promissory note for £l,OOO, made by the
defendant in favour of a Mr. Parker. The main
plea was that Parker represented to the defendant
that a Mr. Gladstone was under a liability to him
Parker, to pay £l,OOO in respect of certain lands of
NIL Gladstone which the defendant and others bad
agreed to purchase for a railway, and that if the
defendant would pay Gladstone £6,000 in part pay-
ment of the purchase-money of such lands Mr.
Gladstone's solicitor, a Mr. Sandilands, would pay
the said sum of £l,OOO to Parker, and thereby Par-
ker induced the defendant to make the note declared
on to secure the payment of £l,OOO to the plaintiff,
that Mr. Gladstone was not in effect under any lia-
bility to Parker to pay £l,OOO for lands or other-
wise, and that there was no consideration for the
endorsement or for the payment of the note. The
question for the jury was whether the plea was
made out to their satisfaction, and the evidence dis-
closed a state of facts of the most complicated na-
ture, interesting, however, to no one but the parties
concerned in the transactions described.
_ .

The jury gave a verdict for the defendant.

SPIRIT OF THE PUBLIC JOURNALS,

POST.—Although the retreat of the Danes from
the Danewirke hes caused but little surprise hero, it
has excited great consternation and no little commo-
tion in Copenhagen. Looking on the map at the
long line of defences which the Danish army was
expected to hold, and having regard to the vast dis-
proportion existing between the invading and the
resisting force, it was almost with a sense of grati-
fication that we heard that the Danes had to all
appearances retired from the unequal strife. In
Copenhagen, however, the result is differently
viewed. For years the Danish people have been led
to believe that the famous fortifications on which
so much time, and labour, and money have been ex-
pended, were impregnable, and the intelligence that
they have fallen ere the cannon with which they
were mounted had delivered a siegle volley has come
upon them with all the weight of a crushing and
unexpected blow. The city is in the greaiC.st com-
motion. Its population are frantically demanciiZ
to be led forthwith against the invaders. The Rigs-
dag in vain demand explanations from the Prime
Minister and the Minister of War of the circum-
stances which ware held to justify the evacuation
of the Danewirke, and, in their first burst of indig-
nation, order the immediate dismissal of their long
tried Commander-in-Chief. Unused to their new
King, the people in their despair almost fancy that
they have been betrayed, forgetful that it is not in
the nature of things for a Sovereign to possess an
inducement for deserting his people. When it was
suggested to the last of the Polish kings, Stanislaus
Poniatowski, that he had sold his country to
Russia, he replied by the question, " What bribe
would you think of offering to a king for his
crown ?" The vague rumours which have found
their way into the French press, that a revolution
has taken place in Copenhagen, that the King of
Sweden has been proclaimed, and that King Chris-
tian has taken his departure for England, are
without foundation ; but the fact that such rumours
could for a moment be entertained affords strong
evidence of the serious effect produced upon
the Danish population by their recent reverses.
To them the easy victory of the German forces ap-
pears utterly inexplicable, and they
feel just as we
would feel ourselves if, in the event of invasion, a
hostile army managed to get to the rear of Ports-
mouth and so necessitated its evacuation ere a shot
was fired. But although the Danes have been obliged
to abandon the Danewirke, it would be a great error
to suppose that the war in Schleswig is at an end,
and that Austria and Prussia may congratulate
themselves on having secured possession of that
Duchy. This is far from being the case. The Danes
have certainly been obliged to leave the entrance to
Schleswig free, and to abandon what appeared to
us an untenable position ; but they have now retired
on a line of defences which may with truth he con-
sidered unassailable. From the telegrams which
eebtyifiNevd way
ypositiof Flensburg to Daon on the eastern 1
coast of Schleswig, immediately
we published yesterday and this morning, it will
be seen that, after evecueting the
Danewirke the
Danish army r t rea etc]:
pel , I js
aversstrongly e
Opposite th
of Alsen, to which it stands in somewhat the island
e same
relation that Portsmouth does to the Isl
From this position the Danish army eof Wight.
can threaten
the German forces, and, as Dtappcl is
an
between the northern and southern ont midway
frontiers th:-
Duchy, can render it impossible for them, except at
great risk, to ()mint the northern rortion. lndc-
pendently of the titro nt-;defences raised around
Duppel, the Danish forces will derive
an additional
protection from their fleet, which will be: enabled
from the adjacent fiords to command with its guns
the approaches to the Danish
position. The island
of Alsen will at the same
time
constitute the base
of operations of the Danish army, whilst all its sup-
plies will readily
be obtained, owing to ttie Danish
fleet holding
undisputed possession of the sea. Nor
is this the only strong posiiou from which the
Danes may for many months carry on a defensive

S
\
g••••( ;114A7tr.t.
yvarf7-71-4are. re errs i4A,40; •
co „: #4-41! t•A4
land, and but a few miles distant from fie\
tier of Schleswig, stands precisely the • - /1,4./,1
lation to the island of Funan which Duppel ikg_ castv/
to that of Alsen. Fredericia, like Duppel,ic
S
strongly fortified, and possesses all
the naturcol
advantages which we have already. noticed
gaining to the latter. With
as pe...
at .Feedericia, no invading a Etrot".
lithout incurring considerable risk of
force poste. army oo&d
the South cut off, whilst at t F
enter Jutland IN
ion of both Frederic
finding its retreat I':
same time the occup:
Duppel would enable the to attack
front and rear any army which: was so r!
enter the northern section of Sables :vig• Belie.
as we do, that the line of the Schlei, i,'9gethar
the defences of the Danewirke and MissnOde, were
untenable with the limited force at the dispoasl of
the Danish Commander-in-Chief, we &mild help
thinking that he exercised a wise discretion isLahui-
doning them and withdrawing his army to pngitions.
in which they can be employed without the aertsinT
of gradual hut sure annihilation. Such beio.
present state of affairs, we must continue to
their progress with the saute curiosity as heretofore.
Each succeeding dny serves only to give birth to
new complications. The little Duchy' of Lauenburg,
which together with Holstein, sent a joint represen-
tation to the Diet, and wh',.ch, in the universal hnla-
bub, was generally overlooked, has now b-aen taken
under the special protection of the
.Conferieration.
Lauenburg, with a loyalty and galhntry which
stand in brighc relief when compared with the con-
duct of both Holstein and Schleswig, refused to dc,
sort its Sovereign, the King of Deamark, in his hour
of trial, and could neither be caioled or bullied
i.
making popular demonstrations in tlvour cf t
Duke of. Augustenburg. The Diet 13.1.ve. new
solved on undertaking the administration of t: he
Duchy, waiving for the present the consideration of
the title of the two claimants to its sovereignty. At
Berlin the semi-official organs of the GGVernlnCllt.
have hastened to disavow the interpretation putupon
its intentions by Lord Palmerston in the course o:
the debate on the Address. Nothing,.aay they, C
be farther from Prussia's intention than to recogni
the integrity of Denmark, The announcement c.y
tainly does not take us by surprise, tho Ugh it affo::.
a singular illustration of the anxiety' which
Prussian nation evince last th67.should-for a inC-
mcnt 1.3 ..ppoacd capable of-doting with good faith.
Events are rapidly hastening onward, Mutt
tain has just risen on one of probably the most ter•
rible dramas which have been played out in Europe
during the past half century.

- -
HERALD.—The old story that when the aef,,,:d,
ant had no case the plaintiff's attorney was to be:
abused, is receiving some kind of' illustration in the.
progress of the Townley case. Sir Georg Grey,
being put on his defence for letting Townley escape.
his proper doom, turns round and lays the blame--
not exactly on the lawyer, but on the law itself,
When we inquire out of doors " Who took Townley
from beneath the gallows," men will point to the
Home Office ; but when we consult a Ministerial
oracle we are told "It was Mr. Leech, or Mr. Leech
and a bad law that wants mending." If we could
persuade the working men of Lambeth that the
blame was simply to be shared between a shrewd
attorney and a blundering or mischievous act of
Parliament, it would be all very well; but the fact.
is, that the unsophisticated logic of the working
classes is not to be cosily persuaded cut of its appre,
elation of palpable facts. These people know very
well that Townley was as sane as Wright, and no
less guilty; but they tee that the most frantic di ens
failed to rescue the latter, while the former wal saved
from the gallows by a faulty certificate under a
permissive act of Parliament. In the east of 'Wright,
we have a tragedy, while in regard to Townley,
whose own crime was tragic enough, we have e,
comedy of errors, followed up by a farce in which
Parliament is expected to take its part and keep its.
countenance. Sir George, having Lung a bricklayer
and spared a gentleman, comes dowse to the House
of Commons to set matters right by amending the
law. In order to dislodge the Home Secretary from
behind his stalking-horse it is not necerssary to
show that he wilfully favoured the life of Toevnlet'
because in that case the criminal was a genthenten,
or that he left Wright in the hands of the execA-
tioner beceuse the Lambeth murderer was a brick-
layer: We need only say, in the first place, that
the conduct of the Home Secretary has sufficed to
tu-eke things present this ugly appearance. Among
te
the rti:ler class of men, such an appearance of thing's
nr th
e reality, end hence the law is
is taken sce
srepute where it is most impertant
brought into 1:.:.
that it should be rerpeeted. Having, therefore,
referred to this degOrable fee!, we need only
show, in the second pi,.ce, that if tie Horea Sees'
tary had simply been as shre yd. ae. Mr. Leech, t e
need not have allowed that gent: mall to make 1- f.'l
, ,bel 77-
a species of catspaw for pull:1:g the .rer--e• i—
'`-- •
Townley out of hie mortal predicemee- It.' eher
we need not undertake to prove that L.'e Georee
was intentionally partial in his administratie: ofj es-
Lice. It becomes a statesman not only to meat) well
but also to do well. The Homo Secretary has siMi)7y.
blundered,- but then the blunder happens to as
serious. The Home-office pleads that the law i'l
defective, end to give that plea a semblance of
reality Sir George comes down to the house with a
measure which is professedly designed to make the
law as good as it ought to be. Of course we have n 9
objection to see the law amended, but no alteraticea
in the law will settle the question as to whether t:r
not Sir George " made a mess of it" in dealing:with
the affair of Townley. There was an extraordinary
want of caution displayed by the Horne-office
throughout the entire proceedings in the Townley
case that it is only a fair inference on the part of
the multitude that Sir George wag a willing captive
in the toils of the prisoner's lawyer. " I could'nt
help it," says Sir George. " You didn't try," re
spond the populace. And the question does not end
here. The Home Secretary has not only to settle
accounts with the working men of England, but he
has given affront to the country magistracy. Some-
how or other—and we do not undertake to explain
all the mysteries of the Home-office—Sir G. Grey
and our municipal institutions do not mix up well
together. Whitehall is hostile to the Mansion-
house, and the fountain of honour is intercepted
from flowing through the precincts of the City.
Not content with snubbing the Lord Mayor, Sir
George has got himself into a wrangle with the
Derbyshire magistrates, and bids fair to come to
a misunderstanding with local authorities gene-
rally, excepting, perhaps, the Metropolitan Board
of Works, who serve as a very igood foil against
the civic corporation. However, Sir George is
going to amend the law in relation to lunatic
criminals, and in doing so he seems to fiLink that
he is making matters decidedly pleasant. It is
to be hoped that Parliament will not be
thus readily diverted from dealing with a grave
question. The eccentricities of the Home-
Office call for serious consideration, especially when
the-
of the - go to such a length as to weaken the confi-
dence
public in the impartial edminietration
of the law. ...1.
t: is daily felt with increasing
force
that the criminal ;Zvi' of England is being brought,
to a very great extern, under the control of the
Home Office. A great constitutional principle is
thus placed in danger. Such being the serious
state of affairs it is mere trifling ft) suppose that the
simple modification of a statute winsch has been
been made to bear a great deal more 13;0,me than
belongs to it will settle the real question ai issue.
It is for Parliament to ask whether the action of t Ile
law is to be made partial and unsatisfactory by the
idiosyncracies of a Minister who eeems to experience
a peculiar pleasure in going out of his way to do
some stupid thing which shall give a yast amount
of annoyance without the possibility of la. 'ac ieving
any good. So far as the case has gone at present
before Parliament it cannot be said that '
Sir George
Grey has at all improved his position, altbongh he
of
adopted the strategic movement '
addressing the
house before the papers were in the hands of the
members—a mano2uvre which Lord Henry Lennox
in vain endeavoured to r
p event. Mr. Maedonogi.
did well in urging that the House should make
itself thoroughly aeqn •
muted with the existing state
of the law, and took the common-sense and only
correct vievenef the s
n case in urging that the existing
statute did not d
re uce the Home Secretary to a mere
automaton, and that, therefore, Sir George Grey's
first line of defence untenable. I
was altogether
his other Comments on the case Mr. Macdorogh
has only h
ec oed the general sentiments of the court.
try ; and we venture to say that Sir George Grey
never made a greater mistake than when he ex-
pressed his belief that the course which he had
taken was in accordance with public feeling. On
this, as on other points, the Home Secretary mats
to be enlightened, and we trust Parliament will
dispel a little of the mist which has gathered
around toe official eyes.

MAPLEsuS meditates, it is reported, pro-
ducing " Tannhauser," at Her Majesty's Theatre, during
his Italian season.
Mr. Cecil Smith bus been appointed Vice-ConP,ul
at Granville, Franco.
A statement has been erroneously made in sorne
of the papers that Mr. Mayhew has been appointed Bri.fish
Consul at Copenhagen. That gentleman has not i
rcceived
Mr. Turner s
any appointment from the Foreign-oflice.
the British Vice-Consul at Copenhagen. We hare no Cm-

Waterloo up, training' reports,
sul there.—Observer. Guineas, Derby. Oaks,'
Chester Cup, Liverpool Chase, Arc,
13 stamp's. Lincoln.
Handicap, CNorthamptonshire Stakes, City and Suburban,
and Metropolitan included. 36 starrips. ktemember. for the
above-named events last year Cupsent the followinzwlnners,
Ch., Asteroid for theme Chester, Emblem for LiverpOol
Chase, Maczarcni tor ,000 and Derby, Illanrioo for Lincoln
Handicap, Adventurer tor City and Suburban, and If add i ti•.l -
ton tor Metrepo,itan. Information like that speaks for itself.
tO the Derby,
Terms—One week, 13 stamps; one month, 38;
156.; season, 3oa.—N.IIINA., 13ox 46, laaccjedeid.

BONNET'S F. ILK S a LYON.—Every Article of
commerce t akes ' .ts title either from the inventor or
'manufacturer, an d the more perfect the production the
grater is the are lit will eh attaches to the originator.
ET'S are said to be incapable of identifica-
tion in Engi,and ; but the fallacy of such an assertion is ex-
pos •d by the eery trade mark of the firm, as exhibited by
:ssrs. JAY, of Regent-street.
The following interwoven mark may be seen at the end
°reach piece :—" Manufacture de C. J. Bonnet et Cie., a Lyon
eta Injurieux.' ' Wear guaranteed.

HER MAJESTY'S THEATRE.
lg Nights. of Performance--Tuesdays, Thursdays, and

Salurdays.
THIS :EVENING, TUr.SDAY, FEBRUARY 9.
FAUST (In English).
Lemmen N.-Sherrington, Taccani, and Florence Lancia.
San tlf3y, Marchesi, Dussek, and Sims Reeves.
Conductor—Sig-nor Arditi.
Commence at Eight.
llox-office of the Theatre open daily.
Tickets, a Is°, at Messrs. Chappell and Co.'s, 50, New Bond-
street.

HER MAJESTY'S THEATRE.
Gr..A.ND MORNING PERFORMANCE OF
FAUST (In English).
]ION DAY next, FEBRUARY 15.
To commence at Two o'clock.
Lemmerts-Sherrington, Taccani, and Florence Lancia.
Santley, Marches', Dussek, and Sims Reeves.
Conductor—Signor Arditi.
Prices of admission same as to the Evening Performance.

ROYAL ENGLISH. OPERA,
COVENT-GARDEN-
Under the Management of Mi Louisa Pyne and
Mr. W. Harr issson.
THIS EVENING, to commence with FANCHETTE.
Miss Louisa Pyne and Mr. W. Harnson.
After which, a Grand Christmas Pantomime, on a scale of
unprecedented magnificence, entitled
HARLEQUIN ST. GEORGE AND THE DRAGON.
Doors open
at half-past Six—Commence at Seven.

lIIHEATRE ROYAL DRUR Y-L AN E.
3/4,nitgers, Messrs. Edmond Falconer and
F. B. Chatterton.
,rws EVE/TING, the Performances will commence with
e New Serio-Comic Drama, by Edmund Falconer, entitled
4 1 GIIT AND MORN. Principal characters by Mr. Phelps,
rupported by Messrs. Ryder, Raynor, Fit zjames, and Misses
g. Leclercq, Atkinson, and Heath.
To conclude with the new Grand Christmas Comic Panto-
mime of SINBAD THE SAILOR ; or, The Seven Wonders
of the World. Clowns, Messrs: H. 13oteno and C. Lauri;
.Darlequins, Messrs. J. Cormack and S. Saville; Pantaloons.
lressrl. W A. Barnes and J. 21arris ; Columbines, Madame
Boleno and Misses Gunniss.
Prices as usuaL Box Office open from 10 till 5 daily.

ROYAL LYCEUM THEATRE.
Unde r the Sole Management of Mr. Fechter.
BEL DE3I ONIO (a Triumphant Success) will be repeated
Every Evening during the Week.
THIS EVENING, the performance will commence with a
New and Original Farce, entitled THE LOST CHILD:
Messrs. H. V iddicombe, Shore, Garden, F. Charles Collett,
Moreland; vi isses Percy, Pauline Leclercq, Wood, Mrs. Lee,
and Miss E. Lavenu.
A tter which, at Eight o'clock, BEL DEMONIO, a Love
Story, in TN relve Tableaux, 1 aken from Stendhal's "Italian
Chronicle by Mr. John Brougham. Principal charac
ter by Mr. ??echter, supported by Messrs. Jordan, Charles,
Brougham, Emery, Raymond, Moreland, Smith, Clifford,
Collett, Sim s ; Miss Kate Terry, Miss E. Lavenu, Mrs. Lee,
and Miss El .sworthy.
The Publi c are entreated to take notice that No Charge is
made to the occupants of Boxes, Box-places, or Stalls, either
to: play bill; or for the safe keeping of hat 4 and cloaks, and
tnat the attei Wants in all parts of the house are forbidden to
receive any g ratuities whatever.
Box-offu :e open daily from 11 to 5. Commence at 7.

firEAT RE ROYAL HAY MARKET.-
Sole Lessee and Manager, Mr, Buckstone.
THIS EVENING, OUR AMERICAN COUSIN : Messrs.
Sothern, Buckstone, Chippendale, Braid, Gordon, Rogers,
Clark, Cull( ntord, Sze. ; Mesdames Angel, Snowden, Terry,
Lindley, Hill, Sze.
After which, KING ARTHUR ; or The Days and Knights
of the Rou:rid Table. Messrs. Chippendale, Compton, Braid,
Clark, Rogers, Tilbury, &c. ; Mesdames L. Keeley, Brough,
Wright, Terry, Lindley, Rogers, &c.

Commence at 7.

ROYAL PRINCESS'S
Sole Lesee and Manager, Mr. Geo. Vining.
THIS EVENING, DONNA DIANA.
After which, HARLEQUIN LITTLE TOM TUCKER;
or The Fine Lady of Banbury Cross, and the Old Woman
who :C.ived in a Shoe and Had so Many Children she didn't
Know what to do,

NEW THE ATRE-RO YAL, ADELPHI.-
Sole Prourietor and Manager, Mr. B. Webster.
T'ETIS EVENING, THE PRETTY HORSEMEAKER.
Miss: Woolgar.
to Eight, the New Drama of LEAH : Miss Bate-
man, supported by Messrs. Arthur Stirling, R. Phillips, M-
ing-ton, Stuart, Stephenson, Eburne; Miss H. Simms, and
Mrs.. Billington.
To conclude with LADY BELLE BELLE; or, Fortnnio
and his Seven Magic Men. .llessrs. J. Clarke, ti. Phillips,
Stephenson ; Miss Woolgar, Miss K. Kelly, Miss Patti
Jos u4,hs, Miss L. Laidlaw, Miss Seaman.

Commence at 7.

LEA H.-EVERY
MISS BATEMAN.

N I G II T.

MISS B ATEM AN.—LE NlL—Tuts EVENING,
the 112th appearance of the great Tragic Actress, Miss
BArEMA-N, in the character of LKAH. In consequence of
the unbounded success with which Miss Bateman's imperso-
nation of the priLeipal character in the new Five Act Drama
of LEAH has been attended. Mr Tebster bev to announce
that it will be performed EVERY EVENING until further
otioe.

ROYAL ST. JAMES'S 'THEATRE. under the
Management of Mr. B. WEBSTER.
Crou (led with rank and fashion. - The New Comedy of THE
SILV ER LINING every Evening.—Mr. and Mrs. Charles
Mathews, Mrs. Stirling, M rs. Frank Matthews, and Mr. J.
L. Toole every evening. The following eminent artistes are
engaged :—Mr. Benjamin Webster. Mr. J. L. Toole, Mr. Paul
Bedford, Mr. Frederic Robinson, Mr. Ashley, and Mr. Chas.
Mathews ; Mrs. Stirling, Miss Herbert, Mrs, Frank Mat-
thews, Miss A. Cottrell, Miss Fanny Josephs, Miss Went-
worth, and Mrs. Charles Matlews.
T HIS EVENING, and during the Week, at 7 o'c'ock,
an entirely new Comedy, in 3 Acts, by Leicester Bucking-
ham, Esq., entitled THE SILVER LIMN : Mr. Charles
Mathews, Mr. Frederic Robinson, Mr. Ashley, Mr, John-
stone. Mr. Montague ; Mrs. ( harles Mathews, Mrs. Frank
Matthews, Miss Cottrell, Miss Wentworth, and Mrs. Stirling.
To be followed by Mr, Charles Mathews just translated
from. the French)in his characteristic character of Un Anglais
Timlde, entitled COOL AS A CUCUMBE
To conclude with 1863 ; or, THE SENSATIONS OF
THE PAST SEASON : Mr. J. L. Toole, Mr. Paul Bedford,
Mr. A. Cottrell, and Miss Fanny Josephs.

'ROYAL STRAND THEATRE.
Manager, Mr. W. H. Swanborotrrh.
THIS EVENING, UNLIMITED CONFIDENCE. Mr.
Belford, Mr. Parselle ; Miss Marie Wilton, Miss Thorne.
After which, the Grand Christmas Burlesque, ORPHEUS
AN EURYDICE : Messrs. Honey, Wood, James Fenton,
Mesdames Swanborough, Marie Wilton, Hughes, Szo.
Followed by MARGATE SANDS.
Commence at 7.

TIHE THIRD EDITION OF " THE SUN."
Containing the Latest SPORTING INTELLIGENCE,
:an .be had Every Evening of
G. R. GLENIE, NEWS AGENT,
No. 4, Connaught-terrace, Hyde-park.

COALS.—The LILLESHAL L COMPANY'S
COAL?.
Direct from their own Collieries.
Marquis'. 265. per ton. Double ..21s. per ton.
Top 255. .. igs•
Deep 22a.
Well screened and delivered within five miles of their De-
pots, Westbourne Park-road, W., and 17, South Wharf,
Paddington, W.
Best Coke
Terms cash.
JOHN SCOTT, Sole Agent.

HIGH WATER. AT LfiNDON BRIDGE.
THIS DA.T.—Mo; sing, 3h. sm.—Afteruclu, 3h. 30m.
10-moßnovr.-Mornir.g, 3h. 50m.—Afternoon, 4b . 14m.

The Weather—Sun Office, Feb. 9, 1864.

THERMO3LETER
This day at Two o'clock

Barometer-30.00.
Wind—W.; moderate, and cloudy.

- -101Atak too
4, 14-