The Sun.
London, England, 1863-01-20 00:00:00

THE SUN, LONDON, TUESDAY EVENING, JANUARY 20, 1863,

LAW INTELLIGENCE—This Day.

COURT OF PROBATE.
(Before the Judge-Ordinary.)
IN THE GOODS OF JOHN BAXTER.

Dr. Spinks made an application to his lordship to grant
administration of the will of John Baxter to his brother
Charles. The testator died without children, and his wife
could not be found. The facts were rather peculiar.
wife of the testator was, at the time of the death of her hus-
band, living in service, in the capacity of lady's maid, and
as it was the wish of Mrs. Baxter that the fact that she was
a married woman should not become known to the family
with whom she was living, a communication was kept up
between the husband and wife through the instrumentality
of a person named Clever. After the death of Baxter a
letter was sent to the wife, informing her of the death of
her husband, and a reply was received from her, dated
Oct. 20, 1833, expressing great sorrow at the melancholy
intelligence, and at the same time informing Mr. Clever
that she was going to France for six or seven months with
a lady, and also that she was in failing health. From that
time down to the present no intelligence could be heard of
Mrs. Baxter, although the greatest exertion bad been made
to find her out; and, under these circumstances, he had to
ask that administration might be given to Charles Baxter.
The Judge Ordinary said he did not think it could be
presumed that the wife was dead without some more in-
quiry.

Dr. Spinks thought the length of time since she had been
heard of favoured the supposition.
The Judge Ordinary said it was most probable that ehe
might not trouble herself at all about her husband's family,
especially as she had not been informed that she was in-
terested in some property. He thought that something
might be found out respecting Mr. Clever.
Dr. Spinks informed his lordship that the greatest care
had been taken to discover that person without effect. As
the property was small he hoped arbitration might be
granted to the next of kin upon his giving security to pay
over the property in the event of Mrs. Baster appearing.
The Judge Ordinary told the learned gentleman that that
could not be done without giving notice. He did not think
the court could dispense with the citation. The person in
question might, if dead, have left a will, or she might have
married again, and therefore he could not grant the appli-
cation at present.
HAINES (BY HER GUARDIAN) V. GREY-TUDGMENT.

His Lordship gave his judgment in this case. The ques-
tion at issue was as to which of the litigants should be ap.
pointed to administer the estatA of the late Mr. John
Haines, of Tipton, Staffordshire, a coal merchant and
farmer. The plaintiff, Mrs. Olivia Haines, was the widow
of the deceased, and being only 20 years of age, she applied
through her father for administration of the estate in ques-
tion, which was stated t be worth between £6,000 and
£7,000. The parties were married about two years at the
time of deceased's death. The defendant, who was the
daughter of the deceased by a former marriage, applied on
behalf of her brothers and sisters that letters of administra-
tion might be granted to her instead of the plaintiff, on the
ground that the estate would be more perfectly managed by
by her and her husband than by the plaintiff and her
father, the latter of whom was only a builder, without
any knowledge of the different departments of the deceased's
trade. The defendants also alleged that the estate was
deeply involved, and unless mortgaged would prove insol-
vent, and that in addition to his want of special knowledge
in reference to the, same the plaintiff's father was in ill
health, and unable to attend to his own business. For the
defendant it was further argued that, as the children of the
deceased had two-thirds interest in the estate, and the
plaintiff only one-third, protection to the former should have
the preference in the selection of an administrator, or that
at all events, there should be justifying security given for
such protection.
His Lordship decreed that the plaintiff, who had been
most unjustifiably aspersed, should be appointed adminis-
tratrix, she to find security to the amount the other parties
were interested.

Dr. tpinks said if Mrs. Haines was called upon to give
security to the full amount, it would in fact prevent her
from administrating altogether. He did not object to secu-
rity to the extent of £2OO or £3OO.
His Lordship directed the case to be referred to the Re -
gistrar, who would see what was a reasonable sum. The
plaintiff also must have her costs, not out of the estate, but
from the next of kin.

POLICE INTELLIGENCE—This Day.

MARLBOROUGH-STREET.

FORTUNATE DETECTION.—Joseph Moore, a low-look-
ing fellow, who refused his address, was charged as
follows :

From the evidence of Edward Bovey, 85, it appeared
that while passing No. 11, Bruton-street, this morning
about 4 o'clock, he heard some one down the area, and saw
the prisoner run into a store cellar. He called to the pri
soner to come out of his hiding place, but as ho refused, he
(Bovey) got over the railings, and went down the area,
when he found the prisoner eincealed in the dust hole, and
near him a putty knife. Entering the premises he found
the kitchen window up, and the shutters closed, but the
inner bar of the shutters had been forced, evidently with
the putty knife, nearly out of the catch. He also found
that the prisoner had unlaced his boots, so as to creep in
gently, and in his possession he discovered a knife, some
keys, and matches. Prisoner sail that he had only gone
down the area to sleep. He (Bovey) observed the window
down some time before.

Charles Edmonstone, a lad, said he fastened the shutters
before ha went to bed, ana betterlyrthe window Was down
at the time.

Prisoner said he had no intention of committing a felony,
and with the view of ascerlaining somethir.g as to his an-
tecedents, Mr. Tyrwhitt remanded him for a week.

WESTMINSTER.
SURPRISING RESULT.—Joseph Coomber, a man about
forty years of age, was charged with felony, under the fol-
lowing circumstances : _ _

Mrs. Anne Maryland said—Last night I gave this man a
sovereign instead of a shilling. I engaged him from near
St. James's-street to drive me and my husband home to our
house in Oakley-street, Chelsea, and when we got to our
journey's end I gave him the sovereign. His fare was
eighteenpence, and I gave him the sovereign and a shil-
ling, thinking they were two shillings, and he gave me
sixpence out.

Mr. Paynter—When did you find out you had made the
mistake ?

Prosecutrix—He had not left us before I discovered it. I
asked him to give it back, and he would not.
Mr. Paynter—How do you know you gave him the
sovereign ?
Prosecutrix—Because I had only one shilling in my
pocket as I afterwards remembered. I had taken the money
from a club-house for some work I had done.
Police-sergeant—l think your worship will find the evi-
dence very conclusive. The money was found upon him
after he denied he had it in his possession.
Police-constable Thomas Bell, 90 B—l was in Koppel-
street, Chelsea, last night, when I was called by the last
witness, who stated that she had given him a sovereign in-
stead of a shilling. I asked him if he had got it, and he
said "No." He then pulled out 35. and said, with anoath,
that that was all the money he had got. Prosecutrix said
she would give him in charge, and I took him into custody.
I watched him all the way with my light to the station, ko
that he should have no opportunity of getting rid of her
sovereign. At the station I searched him, and found the
sovereign, but not in the same pocket as he had produced
the 3s. 6d. from.

Mr, Paynter—This is no larceny; the prisoner must be
discharged. (To prosecutris)—You can sue him in the
County Court for the sovereign.
Policeman—What am I to do with the sovereign found
upon him and the rest of the money ?
Prisoner—l have no objection to the sovereign being
given up to the prosecutrix.
This was done.

Mr. Paynter—lt is no larceny. Prosecutrix put the
sovereign into his hand, but his conduct is very dishonest.
Prisoner was then discharged.

DISTRESSING SHIPWRECK.

PORTHCAWL, GLAMORGAN, Monday Night.
I regret to have to rcport (writes Captain Buchan, R.N.
a sad wreck, with sacrifice of life. _ _ _

This morning, shortly alter midnight, it then blowing
hard from the westward with rain, a signal of distress was
seen, apparently a tar barrel burning, in the direction of
the Tusker Rock.

With all possible haste the lifeboat of the National Life-
boat Institution was launched, and after a heavy pull ap-
proached to where the vessel was supposed to be. The
night was very dark, but she was at last discovered, and
held sufficiently long in view to ascertain that she was a
two-masted vessel, well in upon the rock,
The lifeboat was then anchored to windward, and pre-
paration made for veering down upon the vessel, but she
suddenly disappeared from view. 'I he boat lay at anchor for
two hours, when seeing nothing further of the vessel, she
proceeded on the return, which was accomplished safely
through a heavy sea.

Previous to anchoring, whilst skirting the rock by means
of the lead, the boat shipped several very heavy seas, ex-
tinguishing the light, &c., but she behaved nobly, giving
every confidence to the crew, to whom great praise is due
for risking their lives in the attempt to succour their fellow-
crest ures,

This morning a quantity of wreck was seen passing
down with the ebb tide, confirming the worst suspicions as
to the fate of the unfortunate crew.

MRS. CHISHOLM.—A motion has been made in
the Assembly of New South Wales for a grant to this lady,
who has done so much to encourage emigration and counsel
and catch over young women on their arrival in the colony,
and who is now herself in circumstances to require aid.
The motion that the house go into committee to consider of
such a grant was agreed to. It was intended to propose
the sum of £3,000.
ERRATIIM.—In. the City article of last Saturday's
impression " reel River Land" was misprintel Red River
Loan,

SPORTING INTELLIGENCE.

TATTERSALL'S-MONDAY.

Contrary to general expectation, the publication of the
weights for the Chester Cup had anything but a spirited
effect upon speculation at the Corner; indeed, the betting
presented a marked contrast to the transactions of the pre-
ceding Monday, for although the attendance was large and
a numter of horses were introduced into the market the
wagering was tame and languid. Some inquiries were mad.
about the Chester Cup, but there seemed little disposition to
commence operations upon the great spring handicap.
There was evidently no commission in the market, and
bookmakers prefer waiting for the acceptances before en-
gaging in any active speculation. In the City, during the
morning, the French mare Stradella was " spotted" as
being " best in," and at once elevated to the position of
first favourite at 1000 to 30, shorter odds being booked, but
to small amounts only. Barchettina, Dulcibella, Dusk,
Black Deer, and Welcome were backed quietly at 40 to 1
cacti, and Le Marechal at 50 to 1. The outlays were, how-
ever, so unimportant, that they must not be received as a
criterion of the true tone of the market. Early in the after-
noon a notice was posted in the room announcing the
scratching et Berkeley (who had been favourite prior to the
publication of the weights) and the following—Balham,
Gelert, Lady Evelyn colt, Sister to Sage, and Father
O'Leary. The Two Thousand was almost a dead letter, 7
to 2 being the highest offer against Hospodar, while 5 to 1
to £5O was pencilled about Saccharometer. Brick found a
few supporters at 12 to 1. For the Derby Lord Clifden
was still in strong demand, his backers vainly seeking 6
to 1 at the commencement, but failing at that price 1100 to
200 was taken freely during the afternoon. Saccharo-
meter, who had been somewhat out of odour recently, was
evidently recovering his position, as £lOOO to £lOO and
£2OOO to £2OO were booked about him shortly after
mustering, and he remained firm at that price up to the
close. Hospodar was not in favour, and continual offers
of 1000 to 80 during the afternoon elicited no response.
Automaton and Carnival had no friends, but 20 to 1 was
the very highest offer against them. At first no more than
these odds were offered against Tom Fool, but one well-
known commissioner succeeded in obtaining £2,250 to £lOO
about Mr. Brayley's colt. National Guard was supported
at 33 to 1, one speculat,r having accepted £2,000 to £6O,
and offered to go on at that price, but he could not be
accommodated. £l,OOO to £2O, or 50 to 1 was hocked
several times about Taje, and at the finish no more than 40
to 1 was offered. 50 to 1 was offered against Giles the
First, and the same odds were accepted about the Glenochty
colt. Mr. Saxon again supported his "lot" for various
amounts at 50 to 1, his last bet being £5,000 to £lOO that
one of his team would win the Derby. 100 to 30 was taken
five times about the favourites, Lord Clifden and Saccha •
rometer, coupled. The remaining transactions of the
afternoon do not call for any comment. Closing prices :

LITERATURE.

David Elginbrod. By George Macdonald, M.A.,
author of " Within and Without," &c. 3 vols.
Hurst and Blackett.

This is a peculiar story i❑ some respects, but it
will delight the lovers of the marvellous and roman-
tic, for some most weird-like incidents are recorded,
and the mysterious is a ruling element throughout
its pages. Before we come to the wonderful, how-
ever, we are introduced to a very pretty picture
of rural life. David, the man who gives his name
to the story, is not at all a prominent figure in it,
but we are told that his influence was apparent
throughout, and long after he departed this life the
fruits of hia labours were evident in many minds
he had benefitted and many whom he had counselled
and guided unto virtue. The Fir Wood as described
to us is a very appropriate home for such a man.
Ile would have been quite out of place in towns or
cities, but in the majesty of nature's stillness and
the glories of sublime scenery his spirit was at home
and rose in reverence to his Creator, whom he sted-
fastly regarded as dwelling not in temples made
with hands. Some of the conversations which he
holds with Mr. Sutherland are replete with native
wisdom, an d seem to express not only the knowledge
that might have done honour to one skilled in some
profession, but also evince a depth of feeling an a
kindness of heart that mark him out as a superior
character. It was a great pity, as far as Mr.
Sutherland was concerned, that he so soon left his
old simple instructor. Not that his advice was wholly
lost, only had he been more under its guidance
he would not have made so many mistakes when he
came to England. In the portrait of this young
man the author has shown much discernment. We
find nicely depicted the undercurrent of self-esteem
or conceit, which so often mars at the outset of
their careers many youths of high promise. This
faulty feeling it was which made the young man
neglect to write to his simple friend, until the
great divider, Deeth, had taken him away from him
for ever. The grand old primitive man passed
away from worldly distinctions and educational
differences to a world where such dignities and
dogmas were unknown, but where his honest
nature and true soul would be seen in their real
excellence and ranked above more specious, but less
sterling qualities. Margaret, the heroine, is not
so pleasing a character as her father. She is like
him in some things, but has more reticence of
disposition. It is not so improbable as it
may appear to some at first sight, about her
transformation from a rough country girl to a lady
in look and bearing. From her earliest years she
had possessed a passion for study, but when Hugh
first saw her this refining process had not been
long enough at work to effect its ennobling end
and create its shining masterpiece. ks time went
on Margaret removed from the rough and coarse
employments of her early years, and mixed with
elegant society ; for although she was partly a de-
pendant she was treated as a companion, from her
intelligence and superior disposition ; soon showed
the native lustre of her mind and revealed the soft-
ening grace of her heart. The character of Euphra
is an extraordinary one ; her style is of tropical
fervour and violence, and it lessens our good
opinion of Hugh Sutherland to find that he could
have been at all impressed by such a woman. This
misguided lady, however, worked out a dreadful
fate for herself, with all her adroitness and cunning.
She became the tool of a designing foreigner, who
exercised some mysterious influence over her, and
her superstitious dread was so great, that she be-
came a mere puppet in his hands. Some of the de-
tails are very ingeniously narrated, but others the
reader will doubtless consider exaggerated, parti-
cularly the spirit-rapping, in which Count
Halkar so delighted to practise. Certainly a
man such as he was could have devised no better
means to make good his entrée into a desired house
than to invoke the aid of spirits sinister as himself.
Hugh allowed himself to be made a regular dupe
throughout these proceedings ; and indeed for some
time marred his prospects in life by his unwise ar-
rangements. Mr. Arnold had every excuse for being
dissatisfied with him, and appearances were much
against him, His subsequent adventures in London
are detailed with vigour and vivacity, and finally
his triumph over Count Halkar is very satisfactory
to peruse. Euphra at last succeeds in freeing her-
self from the clatches of the ominous Count, but in
the mental struggle she expires. The accounts of
her last days are rather exaggerated, as she must
have been out of her mind to entertain such extra-
ordinary notions of the Count's power over her.
Still as a symbolical sketch of the hard but heroic
fforts of good striving with evil, and at last gain-
ing the glorious victory, in the struggle for which, if
flesh and blood fail, the spirit can rejoice triumphant,
this exciting episode may be regarded as a successful
passage. On the whole then we meet with consi-
derable variety in these pages, many personages are
introduced, some being remarkably well pourtrayed.
Falconer, for instance, who is just the sort of man
to make himself notable in the world, and be of use
to all who come in contact with him. Lady Emily's
facile nature comes out in strong contrast with
Euphra's violent style; and Mr. Arnold's simple
and rather vapid c. st of being shows out in bold
relief the vivid restlessness and sharp manoeuvres of
the wily Count. Also we meet with some striking
illustrations of life in various aspects, and are occa-
sionally struck with some forcible passage that
exposes cant or betrays cunning. Hence when a
well-frequented church was visited by some of the
chief characters in the story, there appears this
sharp criticism on certain of the worshippers. The
vicar was possessed of a gentle familiarity of man •
ner "that was exceedingly pleasing to the fashion-
able sheep, who, conscious that they had wandered
from the full, were waiting with exemplary pa-
tience for the barouches and mail-phaetons of the
skies to carry them back without the trouble of
walking. Alas ! for them, they have to learn that
the chariots of heaven are chariots of fire." This
work may be confidently taken up by those who
like something out of the common, and they will
surely be struck with many of its animated and ex-
citing passages. There is ample scope for varying
tastes to be satisfied in the selection here afforded
them, as the scene ranges from nature's solitude
to the abode of fashion, and leaves us awhile to
study simplicity, then hurries us away to become
efficient in the mysteries of crime. There is a vast
amount of thought met with in the course of the
reflections in these volumes, and the conversations
are particularly brilliant in some parts, so that there
is every reason to suppose that "David Elginbrod"
will find many admirers.

SHOCKING ACCIDENT AT NICE.—On Wednes-
day last a grand ball was given by an English lady
to the King of Bavaria, and among the guests were Cap-
tain, Mrs., and Miss Mary Johnstone Gordon, the latter a
lovely girl of 19. Captain Gordon, being an invalid, left
early, and on leaving was upset in his carriage, but with-
out injury. Mrs. and Miss Gordon left at about half-
past two, and, the night being wet and cold, Miss Gordon
went to the fire, which had been kept up for their return.
She took off her bracelets, &c., and put them on the fire-
place ; she then turned round, and the bottom of her dress
caught fire, the fireplace being a low French one. She rushed
to her mother's room, which was some distance off, and in a
minute both were in flames. Captain Gordon was roused
and rushed in, receiving some burns about the legs. Mrs.
Johnstone Gordon is severely injured, but her case is not
considered quite hopeless,
but poor Miss Gordon died to-
day at 12. She does not appear to have Eufferred much
pain after the first, but sunk under the shock to the nervous
system, her body being fearfully burnt. Captain Gordon
is a brother of Mr. Johnstone, of Alva, and took his wife's
name on their marriage.

ENGLISH PUGILISTS AT BERLIN.—A letter from
Berlin says;—" At the Circus Carre, in Friedrichs
Strasse, on Monday evening, a phenomenon was witnessed
of a character which is very rare in Germany. It was the
debut of the world-renowned English boxers, Alec Keene
and Jerry Noon '—the latter of whom the German public
is informed is the only man in the " profession" who has
never been beaten.' The house was crowded to excess to
witness the ' display of science.'"
M. Louis JULLIEN._Mr. Bignell, proprietor of
the Argyll Rooms, has entered into an arrangement
with M. Louis Jullien to conduct the excellent orchestra of
this much frequented institution. The name he bears would
be a sufficient attraction of itself, but, in addition to this,
M. Louis Jullien is known to have inherited a large share
of the musical talent of his universally regretted relative,
and, there is little doubt, will do credit to the post which
for many years was filled with such ability by the late M.
Brailo Laurent,—From thi Nusimi Told,

THIRD EDITION.

SUN OFFICE, SEVEN O'CLOCK.

TOTNES ELECTION---This Day.

STATE OF THE POLL-9.30 A u
Seymour (Liberal)
Dent (Conservative)

Two O'CLOCK.

Seymour l6B
Dent
CLOSE OF THE POLL.
FouK O'CLOCK.

Seymour 163
Dent

Majority for Seymour

LONDON GAZETTE---This Evening.

FOREIGN OFFICE, JAN. 12.

The Queen has been pleased to approve of Mr. M. R.
Sampson as Consul-General in England ; of Mr. Juan
Fairs as Consul in London ; and of Juan Smi b, jun., sa
Consul at null ; fur the Argentine Republic.

JAN tiRAY 17.
The Queen has been pleased to approve of Mr. James
William Musson as Consul at Bermuda for his Majerty thei
King of Denmark.
the Queen has also been pleased to approve of Mr.
Thomas Small as Vice-Consul at Lowestoft for his Royal
Highness the Grand Duke of Mecklenburg-Schwerin.
WAR-OFFICE, PALL-MALL, JAN. 20.
CHAPLAIN'S DEPARTMENT—The Rev. John Higgin-,
botham to be Chaplain of the Fourth Class.
MILITARY STORE DEPARTMENT—Deputy Superintendent
of Stores R. R. Pringle to be Superintendent of Stores,
vice Morris, superannuated ; Assistant-Superintendent
of Stores W. O'Neill to he Deputy Superintendent of
Stores, vice Pringle : Deputy Assistant-Superinteudent
of Stores A. S. Beswick to be As istant-Superintendent
of Stores, vice O'Neill; Deputy Assistant-Superintendent
of Stores J. Moore, to be Assistant-Superintendent
of Stores, vice Wilkinson, superannuated ; De-
puty Assistant-Superintendent of Stores E. Fayrer to
be Assistant-Superintendent of Stores, vice Peatson,
superannuated ; Deputy Assistant-Superintendent of
Stores J. M. Lloyd has been permitted to resign his
Commission.

Her Majesty has been pleased to approve of Deputy
Assistant-Superintendent of Stores Robert W. Cass being
placed at the bottom of the list of officers of that rank, next
below Deputy Assistant-Superintendent of Stores C. Webb,
in accordance with the sentence of a general court martial.

INDIA OFFICE, JAN. 20.
Her Majesty has been pleased to approve of the under-
mentioned promotions and alterations of rank among the
officers of the Madras army :

PROMOTIONS.
21st Regiment Native Infantry—Captain George Smart
to be Major, vice Rigg, retired.
General List of Infantry Officers—Ensign James Graham
Robert Douglas Macneill to be Lieutenant, in succession to
Nicolls, 6th Native Infantry, deceased ; Ensign Henry
Andrew Allen Prior to be Lieutenant, vice Rowley, late
3d European Regiment, retired; Ensign John Forbes,
Pinbey to be Lieutetant, vice Cotton, 4th Native Infantry,
deceased.