The Sun.
London, England, 1863-12-28 00:00:00

SPIRIT OP THE PUBLIC JOURNALS.

EXAMINER.—The question really interesting the
country is whether Sergeant Lilley was treated
justly, not the narrow issue whether the severity
exceeded what was necessary to the purpose of his
confinement. Was the man wronged ? Was any
right ol a soldier contravened in the confinement
which hastened his end? The article of war limit-
ing duration of an untried man's imprisonment is
the main safeguard of the soldier's liberty ; it is to
him what the habeas corpus is to the civilian.
This important law was violated in Lilley's case.
Colonel Crawley's defence in that respect, as in
others, is " Macbeth's "Thou canst not say I did
it !" The arrest was commenced by him without
any infraction of military law, but it was continued
by the direction of General Farrell indefinitely, and
afterwards of the Commander-in-Chief, Sir Vim.
Mansfield, in contravention of the articles of war.
We have advisedly used the word direction instead
of authority, because those Generals had no autho-
rity to set aside or nullify one of the articles of war
framed for the Government of the army, and to
control the highest as well as the lowest in the
service. The notion in Colonel Crawley's mind
was that he had to deal with a mutiny. There
had been mutiny in India, so mutiny was always
to be apprehended in India. There had been
mutiny in native forces, so mutiny was likely to
break out in an English regiment. The question
in his mind, as he avers, was mutiny or no mutiny,
,because, forsooth, Mr. Smales had written an in-
discreet letter, and three sergeants had read some
proceedings the publication of which was forbid-
den. In one of Dickens's novels two characters
,go on the stage representing a general rebellion.
Here we have three sergeants bringing a regiment
within a step of mutiny, though the corps was
sound, the discipline intact. But nevertheless
" the crisis had arrived, the danger was immi-
nent
!" The Colonel was in a dream, or in a
passion, and made mountains of mole hills.
It is a highly significant fact, that to clear Colonel
Crawley's character no less than seven reputations
must be destroyed. Four officers and three ser-
geants must be believed wanting in truth and duty,
in order that he may stand fair in the eyes of the
world. We cannot join in the praise that has been
given to the defence. In the conduct of it there
was, indeed, much of the Old Bailey Cleverness,
and a success in disposing of it. As for the con-
eluding speech, which has been strangely admired,
it was tawdrily rhetorical, and in the prevailing
taste of works of sensation. Such passages as these
seem borrowed from the penny dealers in fine
writing :—" How in the dark and dreary night of
calumny and wrong have I longed for the day when
the truth might be legitimately known, and when
the foul vapours of malice and falsehood NC ould dis-
solve like a morning mist before the sun r Some
parts of his speech are more gravely reprehensible,
for instance, his insolent remark upon a statement
of Mr. Smales's," I think it just possible that upon
this occasion Mr. Smales told the truth:" Now it
has been her Majesty's pleasure to reinstate Mr.
Smales in her service, a reparation which certainly
would not have been made if Mr. Smales had been
void of truth, and therefore unworthy of her com-
mission and a place amongst men of honour. The
insult strikes higher than the restored paymaster.
imputations
mouths the man who deals in such foul
mouths about libellers and calumny. From
such outbursts it is easy. to understand
what he must have been in his regiment.
He has, however, been acquitted, honourably ao.
quitted, and will resume a command for which he
has shown such rare qualifications. But here the
matter cannot rest. The question evaded must be
raised, whether or not a wrong was done to Lilley,
and whether the articles of war door do not protect
a good soldier against injustice. If it can be shown
that a court martial could not have been assembled
to try the prisoners, well and good, but they were
detained by direction of the two Generals without
any view to trial, and for another purpose. At the
meeting of Parliament more will be heard of this
question, and of the soldiers' rights involved in it.
LONDON REVlEW.—Summary justice seems likely
to overtake those violators of the law, Messrs.
Heenan and King. The magistrates of the county
in which they fought seem resolved not to let the
matter drop to the ground. They are quite right.
Even bad laws ought to be kept, and the law which
prohibits the brutality of prize fights deserves
especial conservation. The practice is itself demoral-
ising—the training, as has been shown by the
Lancet, is often thoroughly prejudicial to health—
and though Messrs. Heenan and King themselves
may not be worse than their ordinary associates,
there is no doubt that the prize ring is full of ruffians
and vagabonds belonging to all classes of society.
Bell's Life, the chosen organ of prize fighters, has
more than once seemed thoroughly ashamed of its
mission. The champions of England and America
themselves, who have nearly killed one another for
the amusement of a degraded and sensation-hunting
mob, know pretty accurately and measure pretty well
the depth of their degradation. What Mr.Thos. Say ers
feels upon the subject may bejadged by the reso-
lution he at one time formed of retiring definitely
from the Ring—a resolution which he has not
seemingly been man enough to keep. Heenan while
in training at Brighton expressed himself in no
light language of the occupation in which he is
engaged. "Isn't a bloody and brutal thing," he is
reported to have said, " a man like me to be getting

ready to stand up and knock another man about for
some money ?" Tha scene at the railway station on
the morning of the fight was thoroughly of a piece
with past experience, though the strenuous efforts
made by the Company, and favoured possibly by
the police, put it out of the power of the very
poorest ruffians to be present at the fight. The
character of prize-fighting may be estimated by the
history of the police-courts the next day. To foreign
nations it perhaps appears incredible that, in de-
fiance of the law, such rude and violent exhibitions
should with impunity take place on each occasion
when it pleases the noble patrons of the sport to
back one man's muscles against the muscles of an-
other. They would conclude (and they would not.t_
be far wrong in concluding) that the fault lies
easily
the Executive. Ordinary law breakers_ artehe
case
reached by the strong arm of justice. 1
of a street row the police are as
vigilant
t be, and the
native slowness of pace permits them
n as their
severity which winks at the prizefighter scowls
grimly at the pickpocket. To complaints of this
description the advocates of themireply that it
It'
does not do to be in advance of the morality of the
age—a proposition which is as ludicrous as a
a ge is
pro-
position well can be.
fi the age is not
Eitherht. ih
I peaubliee
,
right or the moral law is rigs
the
wrong, abnlish by all mean penalties
commandment. But if the law is unimpeachable,
ia
and its defiers belong to the scum and lees of so-
ciety respectively, let the law stand, and let the age
learn to obey or to submit to
That gentlemen and scholars should (tare still to
uphold a practice condemned by law and morality
alike, is enough to discourage most men. The
efforts of a minority must, however, quickly prove
impotent before the common opinion of society.
Why is prize fighting worse than cock-fighting on
Shrove Tuesday ? Both are equally ancient, equally
national, and equally disreputable sports. The cock
has been successfully taken under the wing of the
Legislature; but human beings are still allow"' and
encouraged—in — T.
the,t,glsl,4ture's dospite—t° prat-

tise on each other cruelties which would be disgrace-
ful if inflicted on a cab horse. The time has come
to interefere, and to interfere with vigour. A good
deal depends on the firmness and decision o the
magistrates before whom King end Heenan will
appear; and without wishing any unnecessary
hardships to be inflicted on two courageous pugilists,
we cannot help believing that the magistrates iu
question will not be worthy of their office unless the
penalty be sharp, decisive, and final.
patent
lawere,
SPECTATOR.—The Fitzgerald divorce suit, besides
amusing the town for a week, has
substan-
tial service. It has revealed to the public a defect
in English divorce law long since pte dunet to ay
and which may be productive of almcst infinite mis-
chief.
It is open to anybody from jealousy, or
hatred, or blindness, or the hope of extortion, to
include any innocent person, man or woman, among
the co-respondents in a divorce suit, and so either
Permanently damage their characters or inflict a
crushing amount of annoyance and anxiety. 83
long as
well the liability was felt only by men, other men
award
how ionic, t;yr such offences are judged
might afford to shrug their shoulders and
congratulate
themselves that nobody had any
handle on them
; but the in treducticn of a
woman into tho same situation alters the
aspect of affairs. The most unscrupulous are apt
to grow savage when their own wives are attacked
in public, and the mischief having occuered in one
case, we may fairly expect some effort to modify the
law. The cruel wrong endured by one of the parties
in this singular suit, singular if only as exposing the
persistent ignorance of the public on the subject of
legal cruelty, is not attributable to the Divorce
Court. She would have suffered it just as much
under tbe. old procedure, and without so prompt
relief; but it is due to a defect in the law itself. A
greater wrong effected through legal forms it would
be difficult to imagine. Major Fitzgerald, son of
Lord William Fitzgerald, and an officer of some dis-
tinction, having earned the Victoria Cross in the
Crimea, married in 1857 Miss Georgiana Bettis-
worth. The major had little but his pay and his
debts, the lady between twenty and thirty thousand
pounds, and the marriage on theihusband's side al-
most avowedly made for money. Such matches end
every day more happily than they deserve, but in
this instance the bridegroom was disappointed, or
thought he was disappointed, of some of the money
promised; the bride looked after her property with
penurious care and vigilance, and both parties were
on the evidence of high and uncontrolled temper.
The major snubbed his wife, according to her evi-
dence, after the most unpardonable manner; ac-
cording to his, with the kind of" chaff" women can
never understand or bear. Mrs. Fitzgerald, 613
time went on, became more and more irritated; the
loss of a child, which she attributes to his language,
and everybody else apparently to bad medical ad-
vice, aggravated the disunion, and at last the wife,
tired out by reflections on her person, whether good-
humoured or not, accused the husband of infidelity.
She fixed, as the Mrs. Naggletons of society
do fix, on the lady her husband best knew, a
Mrs. Mallet, wifo of Mr. Mallet, holding
an appointment in the Foreign Office, who, to his
misfortune, had been a kind friend to Major Fitz-
gerald. Taxed for whole years on end with inti-
macy with this lady, threatened with the loss of
all he had married to obtain, and badgered out of
his wits, Major Fitzgerald, as he says in a letter
published in the Times, went temporarily out of his
mind—a statement which, unusual as it is, seems
the only one which explains the facts, and which is
supported by medical evidence. In this condition
he wrote letters to his wife admitting the truth of
her accusation, and, all efforts at reconciliation fail-

. .
ing, she brought her action for cruelty and adultery
For months Mrs. Mallet's name remained on the
file as co-respondent in a case in which a Major on
the Staff, a man of the class against whom society
always presumes, and in whose favour it usually
condones, such charges, was also implicated. For
all that time none but the intimate friends of the
accused family had any means whatever of knew-
ing whether any portion of the implied charge was,
or was not, in coy degree true. The only thing
they were certain of was the bitter, but unavailing
wrath of her husband, who, though willing to go
all lengths in his wilh's defence, had not even h
right to a hearing within the Court. So bad is the
law that he had not even the right to send counsel
ioto the Court, to promise the complete refutation
he end his friends knevi that it was in hie power to
adduce. At legit the trial came on, Mrs. Fi'zgerald
gave her_ evidence, the letters svre protluec:l, and
the pleinaiirs side, and that alone, cppearcliii
the papers of the fallowing day. For twenty-four
hours, at least, Mr. and Mrs. Mallet must have
suffered torture ; but, fortunately, the law left them
one solitary chance. It Was open to counsel, though
not compulsory on counsel, to place them in the box,
and to bring forward evidence they had collected
in disproof of the charge. Had Mrs. Millet been,
as hundreds of women would have been, half-killed
or wholly killed by appearance before a public
court in order to rebut such a slander, even this
chance might have failed. As it was, through a
concurrence of favouring circumstances and the for-
titude of the witnesses, the truth was for once made
clear. There was not a particle of evidence worth
one straw to justify any imputation of any sort or
kind, except that Mr. Mallet had the misfortune to
be on friendly terms with a man subject to halluci- '
nations, and to lend him, through his wife, L 25. It
was not a mere break-down of evidence leaving still
a shade of suspicion. There was counter-evidence
as complete as it is possible for evidence of a nega-
tive ever to be, accounting for almost every moment
of Mrs. Mallet's time, and so deeply did that lady's
bearing impress the jury that they refused to hear
plaintiff's counsel or Judge's summing-up, and at
once, as by acclamation, exonerated the accused.
SATURDAY liEvlEW.—The politicians of old days
were not expected to stump. Extra-Parliamentary
utterances are an invention of modern times. The
older view of a Member of Parliament's functions
was limited to the assembly which he was sent to
join. His constituents troubled themselves princi-
pally about his votes—that is to say, if he sat for a
constituency which took any interest in political
matters beyond that which could be expressed in
the coin of the realm. If he chose to indulge in
utterances of any kind within the walls of Parlia-
ment, it was entirely by his own choice, and for the
purpose of pushing his own way in the world. A
totally different conception of the character now
prevails: For some time an idea appears to have
gained ground among the constituencies, that it is
part of the duties of every Member of Parliament
to take care that his name shall appear, at least
occasionally, in the debates. The
ticability of this pretension must have been obvious
'vide the
to any one who would take the trouble to di
physical imprac-
ticability
of hears at the diiposal of the nous° of
contains.
Commons by the number of Members it
itevon
made
In course of time, this practical
, where the
itself felt, and a compromise was accdeilfsfiteend. Instead
of speaking in the House of Com
audience is impatient and fastidioumst
they expect
encies are now content that the ortaca,
,:rmnysost constitu-
tor their own
from their member shall beexyen
the recess. This
I tends to save the
of
edification and diversion,
arrangement,
stumping.
arrangement, which
time of Parliament, is probably the origin of
the modern system of
tons
would be a
Members of Parliament go through many veXat.
two letters after their name, that
misery more
xhlltbititi_
for the sake of the inscrutaeb,lethpalteaosnuree Writing
or less is rot of
serious evilB during
the recess tended to lessen t o number of candidates
thismne obligation liimg al) toihro na importance.
a.
privilege of gratuitously
for the performing it. But
in England, the charm of standingone round
higher on the social..ladder than
,Your neighbours is
so irresistible that, if a memoer of Parliament were
obliged to dance upon his head for the amusement
of his constituents, it is Probable that men of for-
tune and independence Would be found to do
it,and
to assure the spectators that the time devoted to the
feat was the proudest moment of their lives. Nor
can it be said that the any injury to
the ordinary race of m prabctieefi,
does'
rliainent. Their
em ers o
style of oratory is froma
deterioration.
Unfortunately, howeveruite safe • usage
'..r, , the imperious
ex-
tends to all, • includes even the
end consequently
iu the
most eminent men who have taken a share
ahlinistrAtien of the Empire. Upon metthe the habit
of platform l has a decidedly rml
effect.
As e oquenceCommons is about the best,
the House of
so a Platform is by far the worst, school of oratory.
It has been well said that sermons would be free
to their
from must of the defects that arc
laid
onlyiable to a reply. It
charge if the, clergy were l.
e' mewl and virtue to supply the
requires superhulhat:,ou_ _
Id be imposed by the fear
aeoutary cheek
which
has all the vices of the
of criticism. The
tletaelipcense in point of facts and prin.-
pulpit, joined ,
eeial to itaelf. Few public men are
ciples which Is special
themselves to resist the tempta-
sufficiently masters° .
h. h is held out by the impessibility of a reply,
tion wale ' ressibilit of their audience.
and by the pecunar imp y
Thea knowledge that a practised debater is prepar-
teg to pick to pieces a speaker's reasoning, and to
scrutinise his alete, the moment be has sat down,
enforces a cautioa in the selection and treatment of
topics which self-imposed scruples will not entirely
replace. The conscquence is, that orators who are
fond of starring it in the provinces are generally

rn,,,ssesiss,—The question has been asked before now,
Flow is it that clever men can N vrite such bad comedies ?
Of the "how" we can say nothing, but of the fact that they
can and do so write there is no doubt whatever, and in ad-
dition to many proofs of the pbssession of that faculty
past, present, and—we fear—to come, by raen of talent,
we may boldly cite M. ;Tales Sandeau's " Maison de Penar-
van," brought out here a few nights since. MG author
is known as one of the best and most elegant writers of tho
day as a novelist, having produced several works which
hold a high place in the estimation of the best judges, both
for his power of creating en interest in the mind of the
reader, and those rarer qualiti:s of taste and style in which
he is immezourably suporicr to most writers of the modern
school, whose popularity is frequently owing to the vio-
lence and vulgar exaggerations az their manner of writing.
A comedy, however, is one thing and a roman another ;
end certain it is that M. Sandeau's play of "La Madsen de
Pcnarvan is a poor affair, while his novel is excellent." The
scene is laid in Brittany, where stands the rained chateau
of the Penarvans, a noble loyalist family, who have freely
given their lives and their wealth to the cause of the.
Monarchy -against the
Republic. Of -their vast pos-
sessions there remains but a dilapitated castle, and of
the great and numerous family but one surviving daughter
Renee, whose spirit and courage, however—solitary, poor
and friendless as she is—glow as ardently for the good old
perishing cause as in the brightest days of its prosperity.
The last of her race, she is determined never to change her
name, but to die a Penarvan. In the meantime poverty
and distress are gathering round her, and she is compelled
to part with portions of her land to supply the vulgar ne-
cessities of life. In this strait she discovers that a relative
belonging
to a younger branch of the Penarvans, whom
she thought dead, is still living, a species of country squire,
who has not a grain of the chivalry of his family in his
composition, and has willingly abjured all connection with
nobility. This
doughty personage, Paul de Penarvan, is
about to marry the pretty daughter of a miller, one Mi-
chaud, a genuine son of liberty as it flourished in 1793,
when the noble Ren6s) horror-struck at the intended de-
gradation, resolves to prevent it if possible, and ac-
oeordill&Y seeks an interview with him in the vici-
nity of the chateau, and, acquainting him with the death
of her brothers on the field of La Vendee, de-
livers him the deeds which constitute him the
head of the family. The beauty of his fair visitant at once
puts an end to the chance of the miller's daughter and—
not to prolong the story too much—in the next'act ve, e fig :I
him the husband of the poor heiress.
Anything like love
for such a man is of course out of the question' but sh©
makes use of his means to aid the royal cause,
not only
with his purse, but actually in person, and one of the best
scenes is that in which he reluctantly dons his spurs and
other warlike paraphernalia to take the field among his wife's
friends against the Republic, with whom lie his real sym-
pathies. He is dangerously wounded in his first battle, and
the natural tenderness of woman's heart towards a suffering
husband finally leads to a reconciliation between them, and
the audience are left to hope (if they can) that the noble
high-spirited woman, who had borne so much for tho sake
of early principles, may ultimately find happiness in. her
union with a roan that has none. Such is the outline, and
only an outline, of this play, many of the details which servo
for the filling up of the picture being omitted for the pur-
pose of abridgment, for its extreme heaviness and length
on the stage rather leads to the fear that one account of it
rather partakes of the sin of the original. Its general
effect on the public led to a display of considerable oppo-
sition on the first and second representations. And here
we have to note a fact of singularly rare occurrence at this
theatre—to wit, that the acting was not of the character the
public are here accustomed to. Without being bad, it was
not first-rate, yet there was no apparent want of zeal or
nitre, but the performers seemed nearly all misplaced. The
ungracious role of Paul, for instance, would seem, to re-
nnin) distinction of manner and deportment to redeem its
;disagreeable features. It was given to M. Got, a most ox-,

Icellent comedian, and we believe only deficient in the.
graceftil qualities just named. So ti 1 Z. Prevost,, .k;a:
with the young actor Coritelin,-110 played tha in llej, for
I,wlAph ialtrkzni.Oekably toe joenilekL:l,l—tb4:sliitt
legs to produeo the appearance orrgo
up.an his plain and youthful features. Male. Pte,,ey, is
Mile. de Pcnarvan, looked, dressed, and aced beautifully.
In the first scene with her cousin her costume and general
appearance so strongly resembled the best portraits of the
unfortunate Mario Antoinette as to strike every beholder.
With this exception and that of M. Mirccour, who gave
the little part of an aristocratic lacquey of old times with
wonderful gusto, none of the performers seemed at home
in their pats—a drawback that considerably impaired the
effects of the piece, which, however, we could not help
thinking under the hands of Eug&le Scribe would have
made an amusing and attractive comedy, a title to which at
present it really possesses no claim. By the way, the sub-
ject seems, all things considered, a curious one to select for
performance in the Court theatre—for the piece had the
honour to be chosen for representation at Compiegne
before the guests of the Emperor, previous to its produc-
tion at the Frangais. It was received with favour, but of

the quietest kind.
PALAIS-ROYAL.—A pleasant little piece, called "Le
Pifferaro," has bean brought out here. Two persons, eon,
vei sing in the streets upon the small quantity of real hap-
piness to be found in this queer world of ours, meet with.
spiritedly
Nvnich is
one of the wandering Italians just named,. whose doleful
melodies are but too well known to the public, and one 1,,,
a wager that this poor fellow, with his infernal music, bright
eyes, and ever-laughing face, cannot. possibly be rung .
the miserable. Ile loses, of course--but from this u(lng
,rither
philosophical point rises the material of the farce
Berthelet, who has become quite a favourite, antiY sung by enlivened by two or three agreeable. airs,
with genuine plaudits. . . i received
VAitirrEs,--An arausinF, trifle, not at uP remarkable by
its novelty, has been received here With '
"L'lnfortuttee Caroline." Mdlic. Aipia
onsi laughter, called
is the principal characters contributed ne and Dupuis
a full sbare to its

success.
lengthy affair, Called "Le Zouave do la
of military adventures which every fro-
cal
ter of the Paris miaor theatres must have witness
Veu has been brought d we aro
dozens of times, forward here, an
told the novelty was quite successful.
lier Eft.ts
DEJAZET.—A curious affair, entitled "Stub
Ja which a
Gairr:LAisting
'namesake,
young lady, named Diana and, like her
de la Foudre," is new
classic
province by
a great huntress, makes a reputation in the
The idea of
acting here with success, in
her disdain of danger and daring PI
love or the necessity of a husband exploits.
thes simple occurrence
treats as the ex-
treme of folly and weakness,
of a thunderstorm overtlirowr lell2
awoman in her fears, and
fidence, and shows her a vetrythe her courage and con-
proection of a certain
she is only too glad to
gallant captain who o
through. life.
_____...............--......
offers her his hand and companionship

tscriiptionuomE ~,., AT AMBOISE.—M. Arsene
LBONARD'a T--- , -
s h 0 has been mailing researches at Am-
-deat - Lvoi inrcei, , hasth the
succeeded
position
oil
finding the ton?nown.
A sort of case containing a coffin
which was 1111 k
church was minted out to him, and the in..
eLnetoonfairdnode
• an old
found in
itcontains.
the remains
blioi°suesisna-thee' dwepbarotraf
on the li:t1 is said to leave no doubt of the authen.
c tY of WILCOXAND Gxrnss'
complete without a
°
sEviG.AtAo HINE• Simple, compact, efficient, durable, and
rs
noiseleTamil hine Prospectus free on application at
a to fulfil all the requirements of a
perfecty mac •
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Simple sore throats, hoarseness, relaxed uvula quinsey, and
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the neck and chest with warm water, and afterwards dili•
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ent doses of his pills should form a part of this easy treat.
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a t
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Elizabeth Jacobs, of extreme nervousness, indigestion,
gatherings, low Writs, and nervous fancies.--Cure, No.
54,816, The Rev. James T. Campbell, Fakenham, Norfolk,
of indigestion and torpidity' of the liver, which had resisted
all medical tteatment. In tins, ilb, 2s 9d; 21b, 4s 6d; 51b,
Ils; 121 b, 225; 241 b, 405. Barry du Barry and Cs., No. 77,
Regelll.-Etree4-, London ; also Fortnum and Mason; and all
Preeers and cliemi,t, in every town of the United liingdonf.