The Sun.
London, England, 1863-08-10 00:00:00

MAILS DUE.

Australia and Mauritius, via Southampton .. Aug. 18,
via Marseilles .. Aug. 13.
&tail and Cap- e
Yards, by British packet. Sept, 3.
Cape of Good Hope, Ascension, and St. Helena.. Aug. 29,
China, Penang, and Singapore, via Southampton. Aug. —.
via Marseilles ...Aug —.
Falkland Islands
Gibraltar, via Southampton Aug. —.
India (Calcutta), and Ceylon, via Southampton Aug.
via Marseilles Aug. 13.
India (Bombay), via Southampton .. Aug. 10
via Marseilles Aug. 20.
Portugal.... Sept. 3.
Nlalta, Egypt, and Aden, via Southampton Aug.
via Marseilles Aug. 13.
Newfoundland
Oporto and Vigo
U. S. and British N. America, by Brit. packet.... Aug. 13
by U.S. packet.... b
by Canadian packet. Aug. 7.
W.C. of Africa, Madeira, and Teneriffe. . Aug. 10
Bahamas, via New York ....Aug. 27.
Mexico
....Aug. 28
All parts of West Indies, including Chili, Peru,
California. and British Columbia.. Aug. 13.

A SPITEFUL enucKLE.—The friends of the
South in England have paid this fortnight upwards of
£BOO,OOO for their hearty sympathy. They hold the Con-
federate Loan of three millions, and it has this week touched
35 per cent, discount, and is now worth in the market about
£2,250,000 or a little less than three millions of greenbacks,
which bear no interest.—Spectator.

GREAT NORTHERN HOSPITAL, KING'S-CROSS.-
-Number of patients for the week ending Aug. 8, 1,057, of
which 397 were new cases.

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SPIRIT OF THE PUBLIC JOURNALS.

SATURDAY REVIEW,—It cannot be denied that
the English Government at present occupies an
embarrassing position. Neither Parliament nor the
country in the smallest degree wishes for a war
with Russia, and yet there are strong reasons
against allowing or compelling France to act alone.
It seems that, to a certain extent, and with a view
to the attainment of limited objects, Austria is
really earnest in the cause. Disturbances in adja-
cent Polish provinces are as disagreeable as a fire
in the next house when the partition wall is made
of lath and plaster. It is true that, in 1846, the
Austrian Government perpetrated in Galicia the
same crimes which are now rousing the indignation
of Europe against Russia. The lives and property
of the landowners were used to buy the sordid
allegiance of the peasants, and it appears that
the animosities which were provoked between
different classes are not yet obsolete. Never-
theless, as Count Rechberg says, Galicia, where
a lawless pacification has been completed,
is not to be compared. with the Grand Duchy of
Warsaw, with its thousands of desperate insurgents.
It is also necessary in some degree to consult the
feelings of the more respectable Galicians, and espe-
cially of the deputies who sit in the Council of the
Empire. In all parts of Poland, every person who can
reed or write is a member of the disaffected or na-
tional party. If Austria had imitated the policy of
Prussia, the revolt might have extended to Galicia;
and when civil war was once commenced it would
be difficult to limit its range, for Hungary also would
probably have taken the opportunity of establishing
its independence, and in Italy 400,000 men are
anxiously waiting for a moment of Austrian weak-
ness. It was, on the whole, judicious in the Court
of Vienna to adopt the more liberal view of the Po-
lish quarrel, and to establish a claim to the friendly
offices of the Western Powers. It is difficult to
suppose that Austria wishes for a war with Russia ;
but, in the event of a rupture, no ally would be more
acceptable to England. The Austrian army might
give effective assistance to the Poles without in-
volving a general derangement of the balance of
power. Joint action with France, although it may
become necessary, tench; to more serion3 complica-
tions. It is impossible to forget the compulsory an-
nexation of Savoy and Nice. Excuses at least as
plausible might be alleged for the conquest of
Rhenish Germany, as the material equivalent of the
idea of Polish independence. It is evident that
England can never be a party to any such project;
and yet it might be difficult to protest against the
consequences of a war which France had undertaken
single-handed. A partnership in operations against
Russia would furnish a right or an opportunity of
remonstrance, and it might even be practicable, as
at the commencement of the last Russian war, to
obtain a formal pledge which would preclude the
acquisition of new territories. On the other hand,
experience shows the inconvenience of joining an
ally who has practically the power of deciding war
or peace. In a concerted campaign the French forces
would exceed the English in number, and as France
bus the ear of the Continent, all the credit that
might be acquired would accrue to the complacent
ally who contrived, in spite of Alma and Inkerman,
to monopolise the fame of the Crimean war. Among
their numerous virtues the French have never in-
cluded generosity to a rival ; and the Poles them-
selves would regard an English contingent as a mere
appendage to a liberating French army. Lord
Malmesbury absurdly objected to the Poles that
they had fought against England under the banner
of Napoleon. The same objection would apply with
equal force to the Italians, who have been supported
by English sympathy in all their recent difficulties
and exertions. If any feeling of hostility has sur-
vived both the war and half a century of peace, it is
perhaps cherished by the Poles themselves, who
know England only through French representations.
One of their writers lately declared that the
enmity of England to the first Napoleon was pro-
voked by his good-will to Poland. Lord Pal-
merston and Lord Russell will probably persist
in their resolution to frame their communications to
Russia in their own language. Identical notes im-
ply a concerted purpose which at present it would
be premature to announce, especially as it cannot
;save been deliberately settled. The answer of the
English Government has been prudently delayed,
in the .hope that time may supply some motive or
some eeau,.ee for concession ; and, in the meantime,
the combined
hicnolicY
into an alliance as' of the three Powers is ripening
h may perhaps produce a better
effect than the most`
elaborate arguments. Russia
ought to know by expecjence that England, though
in recent times the most peaCeable of nations, readily
warms to an impending or t:etual war. If the
scruples which impede a breach w'Jth Russia were
overcome by a rupture, moral indigna:i°ll against
the massacres and robberies perpetrated in Poland
would come to the aid of patriotic feeling. 1f•
is
still possible for the Russian Government to comply
with the English demand, although it may antici-
pate further exigencies on the part of France, and if
an internal peace can be in any manner patched up,
no English statesman will at present demand the
reconstitution of ancient Poland. The Russian
Government is to blame for the partial interference
which it summarily and contemptuously repudiates.
Having once entered into a negotiation, England
cannot honourably retire in absolute discomfiture ;
and although the reasons against a Russian war are
numerous and obvious, they my be overruled or
overborne by circumstances. No foreign country
appreciates the conscientious objection of rational
Englishmen to unnecessary war, but it is easy to
rely too implicitly on the supposed sluggishness
and selfishness of the community.
SPECTATOR.—The slavery of the French press is
costing many Englishmen much money. Little
paragraphs which, if they were not supposed to be
official, or " inspired," or ' officious," or " directed,"
or" connected" with somebody or something, would
never be noticed outside Parisian cafes, are tele-
graphed over Europe, and exchanges rise and fall
because some third rate writer, once employed as an
imperial funnel, has turned a sentence rather more
carelessly than his wont. Every day this week the
bulletins have reproduced some silly, or clever, or
officially pompous canard, and as during every pause
in events the instinct of men is conservative, the
general effect has been to produce a belief that ever
is much less probable than it was only seven days
since. It certainly would be were there the smallest
ground for all the stories floating about. One day
it is La France which reports that the Court
of St. Petersburg, alarmed at the Austrian
attitude and indisposed to resist a power
which she had hoped would betray its allies, has
adopted a tone of friendly conciliation. Next
day it is the Independance Beige which reports
that the Emperor seems more cheerful, which is, of
course, an omen of peace, the journal not recognis-
ing the idea that an Emperor may have a digestion.
Then the Opinion announces that Prince Napoleon
is to visit his covsin, and as the Prince, like the man
in the Dutch toy house, only shows himself in bad
weather, keen speculators look out for a fall. On
Tuesday some English caper translates from the
Kreuz Zeitung some vague sentences about Prussia
wanting allies more trustworthy than St. Pclers-
burg, and affairs are held to look bright ; for if
Prussia is shaky, so also must be the Czar. Twenty-
four hours after the same journal republishes (this
time from the official Prussian paper) a paragraph
stating that Prussia " when she draws the sword
will administer very deep cuts," and laces again
look gloomy. A " cut" from a Prussian sword is a
"menace of serious gravity." There are all manner
of rumours about the progress of a somewhat tardy
diplomacy. To-day there is to be an identical note
despatched to St. Petersburg, and to-morrow these
notes are only identical in spirit ; on Tuesday La
France thinks everything is settled, on Wednesday
Austria raises a hitch, on Thursday somebody goes
to settle matters at Constantinople, and on Friday
Albion is for the millionth time " perfidious." To
jadge by the avidity with which all these stories
are swallowed one would think that most English-
men held State policy to be mere matter of whim,
really believed, as gobemouches say, that the world
is governed by petty intrigue, and fancied that the
attitude of a great State on a question like peace
or war could change with every breath. Taken as
a whole, and without pausing to distinguish between
various shades of absurdity, these reports may be
pronounced unworthy of a moment's attention.
LONDON REVIEW.—At length the celebrated
Swinfen case seems to have reached its close. For
nearly ten years—from 18,55 until the present time
—this singular suit has occupied the attention of
the courts and of the public. The will, by
which Mrs. Swinfen, who has since be-
come Mrs. Broun, obtained the Swinfen estate,
was made in the year 1851. Every one is fami-
liar with the history of the trial, in which
Capt. Swinfen, the heir-at-law, endeavoured to set
aside this will,—of the compromise made by Lord
Chelmsford, then Sir F. Thesiger,—of Mrs. Swin-
fen's repuaiation of that compromise, and of her
subsequent success in recovering the estate. There
can be no doubt that it was by the exertions of Mr.
C. R. Kennedy, that Mrs. Swinfen was not only
enabled to retain her property, but nearly succeeded
in recovering damages against her original counsel,
Sir F. Thesiger, for having made a compromise
against her will. Nor can any one be surprised
that her gratitude should have shown itself in a
substantial form, or that a very close intimacy
should have sprung up between them. But, un-
fortunately, Mr. Kennedy seems to have presumed
too much upon his position, and to have used the
influence which he had acquired over the lady
to obtain for himself extraordinary benefits. Ac
cording to the theory which prevails at the Eng-
lish bar, the counsel is not supposed ever to
come directly in contact with his client. He

performs his duty as counsel gratuitously ; and as he
cannot recover any foes for his advocacy, neither
can he be made responsible for neglect in the per'
fon/lance of it. Mr. Kennedy was not satisfied with
this thcory. Though a barrister, he had certainly
acted not so much as a counsel, but as a friend•
He had left his home in the country, had come ni)
o London, had taken a house, and had, in fact, de-
voted his whole time and much of his money to
promote the cause of Mrs. Swinfen. According to
his own account in May, 1859, he not only induced
her to execute a deed by which she gave him
£20,000, but she even promised him marriage.
From the year 1856 until that time Mr. Kennedy
had continued his attentions; but, unfortunately.
in 1859 Mrs. Swinfen fell in with a Mr. Braun,
who captivated the affections of the litigious widow,
and neutralised the influence of Mr. Kennedy-
From that moment the two friends became deadly
foes, and Mrs. Swinfen, who had already become
Mrs. Broun, probably under the advice of
her husband, determined to repudiate the deed of
gift which she had executed, and to resume posses-
sion of her property. It is not surprising that Mr.
Kennedy should have resisted this apparently un-
gracious act by every means in his power. no
brought an action against Mrs. Swinfen for the
£20,000, and actually obtained a verdict ; but the
Court of Common Pleas decided that Mr. Kennedy's
position as a barrister disabled him from making
any contract of remuneration with his client, and
therefore set the verdict aside. Undismayed by his
failure, Mr. Kennedy had recourse to the deed of
gift by which he had obtained £20,000; but Mrs.
Broun, in order to defeat him, took proceedings to
set, aside this deed on the ground that it was ob-
tained by undue influence, and on this contest the
Master of the Rolls has delivered • judgment in the
lady's favour.

EXAMINER —Diversities must be expected in
justice, as quot h,omines, tot sententice, nay, caprices
hardly surprise ns, but what is indeed startling is
extraordinary leniency where extraordinary severity
seems called for, as if the worse the offence the
:fighter the punishment, and the opposite. There
is no place where women travelling also are so much
exposed to the danger of insult and outrage as rail-
way carriages. Between one stopping station and
another a solitary female is completely at the mercy
of any ruffian who, by chance of design, is in the
same carriage, without any other company. A
woman so circumstanced and assaulted has no means
of communicating with the guard, and cries are not
to be heard in the noise of the rattling of the train.
In proportion to the danger to which females are
thus exposed, it might be supposed would be the
care of the magistracy to• throw around them all the
protection of the law, and to visit with exemplary
punishment all insults and outrages to women in
railway travelling. Let us see whether this is done.
A married man gets into a first-class carriage with
a young lady to whom he is known, when the train
is in motion he attempts to kiss her, and being re-
pulsed, proceeds to gross liberties. The young lady
resists successfully, and when the train stops at a
station is about to charge him with indecent assault,
when, by his entreaties, professions of sorrow for
his conduct, and representation of what the conse-
quence of exposure would be to his family, she is
nduced to be silent. No sooner, however, is the
train again in motion than he recommences his
attempts, and upon arrival at the next station the
lady charges him with his offence. The case is proved,
and what is the punishment for a gross outrage
against modesty, once pardoned, and deliberately
repeated with the return of a dastardly opportu-
nity ? A fine, forsooth, of £5, a mere trifle to a mall
.e
In good circumstances, whose condition imayb
inferred from this circumstance, that his name is
suppressed in the reports, a favour exhibited only
to very respectable offenders, that is to say, the rut-
fians wi,o are, in the common phrase, "so welt to
do in the world " as to do ill with complete 101:
punity. The effect of the example is that on this
Midland line a fellow who can afford to throw away.,
five pounds may take any forcible liberties he pleases
with a lady unfortunate enough to be his fellO
traveller and unprotected. Let us compare with this
decision the view that a Southwark magistrate
takes of an offence of a far less serious nature. The
case before Mr. Burcham was not that of a womanf
shut up in a railway carriage with an assailant e.
her modesty, and as much out of reach of present
help and succour as if she had been in a desert ; but
it was that of a married woman walking the streets
under the protection of her husband, and who was
pushed against rudely and, as it was at first thought,
indecently, by a young man half intoxicated. Upn
.
investigation of the charge of indecent assault, 16
soon appeared that there was no intentional in-
decency in the defendant's conduct, but Mr. Bur-
cham very properly insisted on making this point
quite clear before he consented to treat the matter
as an ordinary assault, for which a fine of forty
shillings might suffice, and in passing sentence the
magistrate most justly remarked:--" Fortunately
for the defendant there was not sufficient evidence
to convict him of the indecent assault. Had it been
so, he should either have sent him to the sessions
for trial, or ;have sentenced him to a long term of
imprisonment without the option of paying a fine."
And had the indecency been proved, Mr. Burcham
would have done well in doing as he states; but
what, then, is to be thought of the country justices
in a case much worse, who, instead of sentencing
the filthy offender to a long term of imprisonment,
let him off with a paltry fine of five pounds ?