The Sun.
London, England, 1863-01-16 00:00:00

COURT CIRCULAR.

OSBORNE, Jan. 15.
The Queen drove : out yesterday. Countess Blucher
had the honour of accompanying her Majesty.
Lady Churchill has succeeded the Countess of Gains-
borough as Lady in Waiting.
Earl Russell arrived yesterday, and had an audience of
her Majesty.
Earl Russell left to-day.
His Royal Highness Prince Louis of Hesse visited
Salisbury Cathedral and Stonehenge yesterday, attended
by Col. the Hon. A. Hardinge and Capt. Westerweller.
The Prince returned to Osborne at half-past five o'clock.

A. deputation from Ashton-under-Lyne, consisting of
Mr. W. Penington, Mr. James Scholefield, Mr. W. Gill,
and Mr. John Clough, had an interview with the Right
Hon. C. P. Villiers, M.P., yesterday at the office of the
Poor Law Board, and laid before him a testimonial, signed
by 1,140 persons, the wotkpeople of Mr. J. Whittaker,
cotton manufacturer, of Ashton-under-Lyne, and pre-
sented by them to that gentleman in acknowledgment of
his liberality and kindness towards them during the pre-
sent distress.

Despatches were received yesterday at the Colonial-
office from the Governors of the West India Islands,
New Zealand, Labuan, and Canada. Despatches were
sent to the Governor of Canada.

THE PRINCE OE WALES AND THE HIGH SCHOOL
or EDINBURGH.—Dr. Schmitz, the rector of the
High School, has received the following gratifying com-
munication :—" Osborne, Dec. 24, 1862. Sir,—l am
directed by his Royal Highness the Prince of Wales to
acknowledge the receipt of your letter enclosing a report
of the proceedings at the inauguration of the bust of the
Prince. His Royal Highness desires me to convey to
you his thanks for your letter, and to say how gratified
he is by the feelings expressed in the report, The
Prince will always take great interest in the High
School, and looks back with pleasure to those days in
which he was more intimately connected with Edinburgh
during his own education.—l have the honour to be,
sir, your obedient servant, C. H. Grey.—To Professor
Schmitz."

PRINCESS OF PRUSSIA.—Apropos of Prussian
royalty, I have been told a pleasant anecdote of the
Princess Royal. She was playfully accosted a few days
ago by her father-in-law, who complained that she did not
choose any more to talk politics to him. " I dare not,"
replied the Princess (in the story), " nowadays that your
loyal subjects are suspect when they utter their opinions, I
am very loyal, and do not want to get in a scrape." The
Berliners have a rooted notion that the Prince and Princess
Royal are thoroughly constitutional, and that they silently
disapprove the poliical attitude of Papa.-21fanchester
Guardian.

The Marquis and Marchioness of Northampton
are passing the season at Madeira.

Lord and Lady Overstone are expected at their
residence in Carlton-gardens on Monday from a tour of
visits.

Lord and Lady Skelmersdale, who have been
staying at The Grove, Watford, on a visit to the Earl and
Countess of Clarendon for some days past, will return to
town on Monday next.

Lord and Lady Taunton have arrived at Stoke
Park, Slough, from a tour of visits.

THE THRONE OF GREECE.—The Independance
Beige has the following telegram, dated Vienna,
Tuesday evening :—" Within the last 24 hours England
has put forward the reigning Duke of Saxe-Coburg as the
new candidate for the throne of Greece. Tho Prince, having
no children of his own, would adopt the eldest son of the
Duke Augustus of Coburg and the Duchess Clementine
d' Orleans. Prince Alfred would succeed him in the Duchy
of Coburg." In reference to the above, La France, of yes-
terday evening, states, as will be seen by our telegraphic
intelligence, that the Duke of Saxe-Coburg has refused to
become a candidate for the vacant throne.

THE SOCIETY FOR THE ENCOURAGEMENT OF THE
FINE ARTS.—The lecture season of this society
commenced last evening at their rooms in Conduit-street,
when Mr. F. Y. Hurlstone, president of the Society of Bri-
tish Artist delivered a most able and interesting discourse
on " The Poetry and Drama of Spain" The lecturer
showed himself deeply imbued with the spirit of his subject,
which he illustrated with abundant examples of great force
and humour. An interesting discussion on the Spanish
national character and literature followed. The room was
crowded.

TUSSAIJD'S WAX WORK EXHIBITION.--Amongst
the more recent additions to this old-established
popular exhibition are several beautifully•executed portrait
models of our early English monarchs, from the Conqueror,
attired in die magnificent costumes of the period. Full-
length figures of, Caxton, the introducer of the printing-
press into England, and Chaucer, the first of our poets, in
the quaint garments of their respective times, are also
added; and in the Chamber of Horrors is an effigy of Ca-
therine Wilson, the notorious wholesale poisoner.

At a meeting of, the Middlesex magistrates held
at the Clerken well Sessions House yesterday the
present state of prison discipl;ne was among other matters
discussed. The present state of the law, or rather the prac-
tice at the Home-office, was strongly censured, hardly any
member being found to raise his voice in its favour; but
some gentlemen were for deferring action till the Royal
Commission appointed to investigate the question had made
its report. In the end, however, it was unanimously agreed
to appoint a committee to consider the question,
HINTS TO THE HORSE GUARDS.—From almost
the first day of his arrival in the regiment, the re-
cruit in France is taught how to cook every sort of
food he is ever likely to have; how best to dress rice, hard
biscuits, vegetables ; how to make bread, to make soup, and
generally how to make the most of a little. Every man has
his turn in the kitchen, and he who dishes up the best soup
or ragout receives the congratulations of his comrades. He
has the honour of being elected chef de cuisine on certain
festive occasions, such as the fete day of the Emperor, when
the troops receive extra and daintier rations. He gets more
than hollow praise, for he is allowed to select, for himself
and a few of his own chums, the best of the tit• bits. So
far and further is the recruit taught. All this he must
know practically before he can aspire to the rank of cor-
poral. When he has finished drill, fencing, gymnastics,
dancing, swimming, and thoroughly understands the work
of a good practical soldier, and the duty of subordina-
tion, he has books delivered to him in which ho meiy
learn how to instruct recruits, may gain a theoretical know-
ledge of what he knows practically, and may prepare him-
self to compete for the chevrons, and ultimately to become
a distinguished officer—for the French military authorities
seek talent in every class : fortune being with thud quite
an inferior consideration. Let a man only show apti!ude,
and the Government will furnish him with means to sus •
tain any rank it may confer. More than that; wise mili-
tary laws and regulations will compel him to live within his
pay—not within his private means, but his military pay.
It is not many years since the purchase-system was abo-
lished in the French army. The present laws or ordinances
regulating adva cement in the French army, came into life
at different periods of the Revolution of '93 ; wet e collected,
revised, and decreed as a code, by Napoleon the First ; and
have remained in force under each successive dynasty. So
clearly do these laws specify that merit, and merit alone,
shall entitle to promotion, that a clause in them authorises
a meritorious man to prove his right to it, when any arbi-
trary act of administration has deprived him of his just ad-
vantages. The mode of reclamation is indicated as follows :
"Any soldier, non-commissioned officer, or officer, having
any claims to pr motion or other rewards, shall be enabled
to reclaim them of the general inspector, when that officer
visits the corps at the time of the inspections."—biekens' s
"411 the Year _Round."

PRESIDENT DAVIS IN Mississrpri.--The Jack-
son Mississippian, of the 21st ultimo, announcing
the arrival there of Jefferson Davis and General Johnston,
says :—" We are happy to see the President in excellent
health and spirits. His presence in the State which has
honoured and loved him so long at this critical juncture-
will be worth almost as much as an army with banners.'
Everybody seemed to be reinvigorated and better contented,
when it was ascertained that the President had arrived.
We augur much good to the cause to grow oat of his visit-
ing and encouraging the troops, and overlooking personally
our various defences. With his keen and quick soldierly
tact, he can tell at a glance whet is needed to save us from
the devastation of the Northern vandals ; and we doubt not
that new life and vigour and a more heroic and determined
I spirit will mark the conduct of the soldiers wherever he
goes. A committee of the House of Representatives visited
the President this morning to invite him to address the
legislature. His reply was, that he had come to work, not
to speak; but he would do in Mississippi what he would
not anywhere else. He would meet the legislature either
publicly or privately, advise with the members in secret
session, or deliver an address in the hall to the people. He
left for an important point yesterday evening, but will re-
him in a day or two, when he will comply with the invita-
tion of the legislature and the universal wish of the people.
The reception of the President among his old friends and
neighbours was, of course, most cordial; and notwithstand-
ing the vast responsibility, which would weigh heavily upon
any other man, yet he met his friends with the same plea-
sant warmth, and courteous unassuming candour of former
and less evtntful times."

NINETEEN NEGROES HUNG IN
CHARLESTON.—
.
-
A Norfolk letter coLtains the following :
s, A Brt
th,h subject who came here from Charleston, South Caro-
lina, within a few days, brings the information that nine-
teen negroes were hung in the streets just prior to his de-
parture. This occurred in consequence of a discovery made
in a rather singular manner. The whites there for some
time past have been closely watching
the movements of the
blacks, and thinking they observed an unusual number of
funerals among them, a white man disguised himself, and,
following in one of the precessions, on arriving at the bury-
ink ground he discovered that the coffin cohtained arms,
which were taken and buried in a vault in which a number
had already been deposited. The consequence of this dis-
covery was the execution of 19 of the most intelligent of the
couspiratoro."

LAW INTELLIGENCE—This Day.

COURT OF COMMON PLEAS.

(Before Chief Justioe Erle, and Justices Williams, Willes,
and Keating.)

KENNEDY V. BROWN AND WIFE-THE SWINFEN CA.SE-..

JUDGMENT.

In consequence of their lords having signified their in'
tention of giving judgment in this case the court was
densely crowded both by counsel and the general public.
The matter was before the Court last term. It will be
recollected that Mr. Kennedy, a barrister, acted on behalf
of Mrs. Swinfen in her litigation in reference to her claims
to the Swinfen estate, the result of which was that she re-
covered the property. Subsequently to this she married
Mr. Brown, the defendant in the present action against her
and her husband, to recover £20,000 upon "an account
stated," which was founded upon the services rendered by
Mr. Kennedy. The case came on for trial before
Lord Chief Justice Cockburn at Warwick, when the
verdict was for the plaintiff for £20,000. but, subsequently,
a rule was obtained by Mr. Macaulay, Q C., on the part of
the defendants, to enter a new writ upon certain points of
law; also upon misdirection, and that the verdict was
against the weight of evidence. The principal questicn of
law raised was, whether services rendered by a barrister
could be made the subject of an account stated. During
the arguments before their lordships last term, Mr. Kennedy
proceeded at great length to show their lordships reasons
why the verdict he had obtained should stand ; and at the
termination of arguments, their lordships intimated that
they would reserve their decision.
Chief Justice Erle this morning delivered judgment.
His lordship commenced by remarking that in the case of
Kennedy v. Brown a verdict had been given for the
plaintiff, and a rule had been obtained for a new trial on the
ground that the verdict was against evidence. It appeared
that the plaintiff became acquainted with the defendant, and
afterwards he became her advocate in a suit in which she
was engaged. During the proceedings she made repeated
appeals to Mr. Kennedy for exertion on her behalf, and a
promise was made, in the event of success, of a certain sum
which the Court would admit, for the sake of argument, to
amount to £20,000. The Court was of opinion that there
was no evidence to support the verdict which had been
given, and their lordships considered that a prom'se made
under such circumstances was not binding on either party.
The Court considered there was no case to suppor;; such a
proceeding ; on the contrary, the tradition of the profes-
sion, and the greatest authorities that could be cited, alto-
gether repudiated the object contended for. The late Sir
John Davis, than whom a more learned man never existed,
was clearly of opinion that fees were but gifts and hono-
riums. Lord Stowell was of a similar opinion, and Lord
Hale clearly laid it down, the Court saw, in a note in "Coke
on Lyttleton" that no counsel could bring an action for
the recovery of his fees, because such fees were honorium,
and could not be regarded as a debt. Blackstone
also maintained that no action could be supported
for such a purpose, because fees could not be considered as
a salary or a hiring, but simply as a gratuity. Mr. Ken-
nedy, in the course of his argument, which showed the
greatest research, had cited a number of cases upon which
he relied, and in which it was set out that barristers had
contracted to act as :relieving officers or auditors, or for an
annual sum, by way of retainer, but neither of these in-
stances met the case of a barrister involved in litigation.
Mr. Kennedy, in his argument, had cited a number of
at.ecdotes to show that the custom had in early years
existed, but the rights and duties of the profession had not
been clearly ascertained, The relation of client and counsel
during the time of litigation was of such a nature that
it was of the greatest importance that promises made at
that peculiar period should not be held binding. If it were
otherwise, the Court was clearly of opinion that the in-
tegrity and dignity of their honourable profession- would
be lessened. No doubt there were bad men in every class,
but then it was of the highest importance that in a pro-
fession where its members were in close relation with those
involved in litigation no promise or contract should be
held binding, and were it otherwise it would affect the
integrity and dignity of the profession. In every class
there were bad men, but it was of the last importance that
nothing should be done to lessen the confidence that
existed in the high honour, the integrity, and devotion of
the bar. Where gentlemen were entrusted with secrets of
the most vital importance, where fortune, character, and
even life was trusted to the keeping of another, it was im-
possible to estimate the value of certain services. The Court
thought them beyond all price to a client, and if it was
sought to reward those services other than by gratuity, the
status of their calling would be lowered. If it were open to
counsel to make an agreement with his client as to remune-
ration, litigation might be increased, and that was not
to be desired. The learned judge during his judg-
ment cited an immense number of authorities
in accordance with the view the Court took of the matter,
and concluded by saying that, under all the circumstances,
Mr. Kennedy had not established his case, and the rule for
anew trial must be made absolute. If it was thought de-
sirable that this decision should be taken to the Court of
Error, that course was open, but the second part of the rule
would be suspended until further orders.

The decision of their lordships is thus decidedly against
the claim of Mr. Kennedy. '

COURT OF QUEEN'S BENCH.
(Before Justices Crompton, Wightman, and Mellor.)
NEW QUEEN'S COUNSEL.

This morning Mr. Osborn and Mr. Burke were called
within the bar, her Majesty having been pleased to confer
upon them the dignity of Queen's counsel.

SHERIFFS' COURT.
(Before Mr. Gibbons.)

THE QUEEN'S HERALD AND THE HATTER-SINGULAR
CASE- CHAMBERLIN V. WOODS.

This was an action to recover for a hat and cap, plaintiff
being described as a hatter, and defendant as of Herald's
College, Doctor's Commons.
Mr. Angell, for plaintiff, called his client, who stated that
he had supplied the goods in question to the defendant's
son. On previous occasions defendant had paid for goods
which had been supplied to the son, who was a minor.
Cross-examined by Mr. Buchanan—l remember defen-
dant paying me a bill on January, 1859. I do not recollect
his cautioning me against his son. I will not swear he did
not. The goods were acivally sent to defendant's office, in
Herald's College.
His Honour—Was the son living with his father when
the goods were supplied ?
Plaintiff—l think not. __ _

- -
His Honour—You see, a son who is a minor would be in
the same position as a servant, and after leaviughis father's
house could not bind the parent.
Mr. Buchanan—l shall call the defendant, and he will
expressly declare that he cautioned plaintiff.
Defendaut—When I paid plaintiff in January, 18:59, I
told him that unfortunately my son had gone wrong, and
he was not to trust him. I had previously remonstrated
with him for trusting the young man. My son left my
house in February, 1859. _ _

His Honour—Well, Mr. Angell, I do not think you will
go on after this. You see defendant swears positively as
to the caution, and plaintiff will not contradict him. I
must find for defendant, with costs.
Verdict for defendant.

SPORTING INTELLIGENCE.

TATIERSALL'S—MuRsma

There was but a mere sprinkling of members in the sub-
scription room this afternoon, and the few bets la:d were of
an unimportant nature. An offer was made very early
to back Lord Clifden for £l5O at 6 to 1; but those odds
could not be obtained, 11 to 2 being the very highest offer
against the favourite. Twelve to 1 was taken to £lOO about
Hospodar, and 2,100 to 100 about Carnival. Forty to 1 was
bookel to a "pony" about Michael Scott, who, in the City
in the morning, had been backed at 100 to 6 for the Two
thousand Guineas. Two thousand five hundrel to 100
was taken about Blue Mantle. Closing prices :