The Sun.
London, England, 1863-06-24 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, JUNE '24, 1363.

LAW INTELLIGENCE—This Day,

COURT OF EXCHEQUER.
(Before the Lord Chief Baron and a Special Jury.)
THE ATTORNEY •GENERAL V. SILLEM AND OTHERS-THE

CASE OF THE ALEXANDRA.

Sir Hugh Cairns continued his speech for the defence
this morning. Yesterday he adverted to the fact that
since the Foreign Enlistment Act had been passed in 1819
no case had been presented until the present one,
when. he said, the Attorney-General put his obsolete Act
in force for the purpose of appeasing the hostile feelings of
the Federais towards the Confederates. This morning the
learned counsel quoted several decisions in some respects
bearing on the case, especially one come to in the Federal
States, in reference to the ship Alfred, which it had been
alleged was being built as a privateer to aid the French in
hostilities against England. The decision was that it was
not unlawful to fit out a privateer. It must be proved that
the vessel was required for the illegal purpose alleged. There
was also an opinion expressed by the Solicit, r-General in
reference to the Alabama, in which he said that she might
have been legitimately built for a foreign Government,
and though a ship of war might have formed a legiti-
mate article of merchandise, even if meant, for the Con-
federate States, but it would be an infringement of
the Foreign Enlistment Act if it could be proved that
the parties who built the vessel knew that it
was intended to be used by the Confederate Government
for purposes of war against the Federal Government, with
whom we were at peace. The learned counsel then com-
mented on the evidence for the prosecution, which, he said,
had been given by five discharged workmen, one crimp, and
two informers or spies. The question the jury had to con-
sider was, not what might be done with the vessel, or what
she could be converted into, as one of the witnesses had
been particular in surmising, but what she actually was at
the time of the seizure. There were many things in the
construction of the ship similar to the method of construct-
ing a vessel of war, but she might have been intended for a
yacht, and there was no arrangement for fixing guns, nor
was there any evidence to prove that she was intended for
warlike purposes, After commenting upon the evidence of
the less conspicuous witnesses, he adverted to that of
Mr, Clarence R. Young, whose history be briefly
reviewed and NI hich was by no means credi-
table. This witness was evidently the witness
put forward by Mr. Adams, and not by the Crown, and the
learned counsel sympathised with the Solicitor-General in
being obliged to examine such a disgraceful witness. The
learned council concluded his address by calling on the jury
to give a jury for his clients, and thus preserve that strict
neutrality in reference to the American war, which this
country had hitherto pursued, and not upon the meagre
evidence adduced, pander to the exigencies of a foreign
state.

No witness being called, this concluded the case for the

The Attorney General then rose to reply on behalf of
the Crown, on the whole case. He remarked that the jury
had the evidence of the Crown on one side, and the learned
speech of Sir Hugh Cairns on the other. It was significant
that no evidence had been produced for the defence. Had
the defence been able to contradict the statement made by
Mr. De Costa that Mr. Miller, senior, had told him that the
vessel was intended for the Oonfederate Government, why
was not Mr, Miller called to contradict it. The Crown had
refrained from indicting any persons engaged in practices
made illegal by the Foreign Enlistment Act, but has
adopted the more lenient course of asking that the vessel
should be declared forfeited.
His Lordship, in the course of these remarks, asked the
Attorney-General if he admitted it to be lawful to build a
vessel fit for war, and afterwards to sell it to either of the
belligerent Powers, that is, could a shipbuilder so specu-
late without acting illegally.
At tho conclusion of the learned gentleman's address,l
The Lord Chief Baron summed up the case, and
The jury immediately returned a verdict for the defen-
dants,

COURT OF QUEEN'S BENCH.
DICKSON T. LORD COMISERMERE AND OTHERS,

The trial of this action was resumed this morning, for the
sixth day.
Viscount Hardinge examined by Mr. Dowdeswell—ln
1858 he was Parliamentary Under Secretary at War, and
recollected the letter of Lord Combermere of the 4th of
June, and the minute of the 9th was in his handwriting.
He had acted on his own responsibility, as he saw at once
that further information was required. The letter of the
14th of May merely contained the charges, without Colonel
Dickson's replies ; that was superseded by another letter of
the 9th of June from Lord. Combermere, containing the
charges, with Col. Dickson's answers. On the 24th June,
the whole of these documents were considered by himself and
Sir Henry Storks. He formed his opinion thereon, entirely
concurred with Sir H. Storks, and wrote a memorandum for
the information of Gen. Peel. He believed that he received
additional charges from Earl Wilton against Colonel Dick-
son, which he returned to him, stating that they must come
in the usual official manner from the Lord Lieutenant.
After the.fe proccediogs, the documents, with the minutes,
were submitted to Gen. Peel, who directed that, as the
charges were of a military character, the matter ought to
be transferred to the military advisers, General Douglas
and Sir Henry Storks. He recollected that Col. Dickson
sent a letter demanding a court-martial, and he directed
that the opinion of the Judge Advocate should be taken,
which was done, and it was found it could not be granted,
more than six months having elapsed since.the regiment was
disembodied.

The Lord Chief Justice said it was quite unnecessary to
go over this ground again : they had had all the minutes
before them. It was quite right to put Lord Hardingo in
the box, that questions might be put by the other side,
Witness was then cross ,examined briefly by Mr. Cole-
ridge, but the questions only related to unimportant points.
Lieutenant-General Peel was then called, and before
giving his evidence informed the Court that he had obtained
the consent of her Majesty to state matters that came before
him as Secretary of War. He then said he was Secretary of
War from January, 1858, to June, 1859. He could not
recollect any dates, but as they had been so repeatedly
mentioned he had no doubt they were correct. He recol-
lected Lord Combermere, Lord Wilton, and Colonel North
calling on him in relation to Colonel Dickson. Lord Com-
bermere said they had been to the Horse Guards for the
purpose of obtaining a court martial, and they had been
referred to the War-office. Finding that it was a militia
case, and having only been a short time in office, and
not much acquainted with the militia, he sent for Mr. Mar-
shall, the head of the Militia Department, and he informed
Lord Combermere that the course to be pursued in relation
to the dismissal of a Militia officer was for the Lord
Lieutenant to send in a statement of the charges to the
Secretary of State, and that there could not be a court-
martial, as the regiment bad been disembodied. He had
read through all the documents in this case, and had formed
his judgment upon Colonel Dickson's own answers to the
charges made against him, freely admitting the explanation
of Colonel Dickson, and saying nothing affecting his honour.
Whatever doubt there might be as to the figures, there
could be no doubt as to the fact that the regiment, when it
was disembodied, was greatly in debt. It was the duty of
the commanding officer of a regiment to see that the ac-
counts of the regiment were not in arrear. He found that
there was a balance of £3l out of the monies received from
the Wellington College in relation to the accident, and with-
out at all questioning the manner in which Colonel Dick-
son had appropriated these monies, he found there was a
sum of £2l Ils owing to tradesmen (Messrs. Isaacs) for
clothing supplied to the regiment, and he found that there
were other bills for £35 15s and £3O Gs 10d, Without doubt-
ing Colonel Dickson's honour, he thought that to have
allowed the regimental accounts to get in such a state
showed that Colonel Dickson was an unfit person to have
the command of a regiment. He had nothing to do with
the proceedings of the Board of Inquiry, and never saw

their report or minutes of evidence. The board was in the
first instance intended by him to have been formed of
Militia officers, and he had intended that the Duke of Rich-
mond should be one, but it was found that the appointment
of Militia officers was impracticable, and he then referred

the appointment to the Horse Guards, and requested his
Royal Highness the Commander-in-Chiet to appoint three
experienced officers. He considered Colonel Franklyn,
Lord Arthur Hay, and Colonel Hale. He signed the letter
of the 10th of June on the minutes of Sir Henry Storks,
and also the letter of the 29th to Lord Cotabermere, direct-
ing him to call upon Col. Dickson to resign, and intima-
ting that in the event of his refusal he should feel it his
duty to recommend his dismissal ; and be also assumed
that General Douglas had seen the report.
The crass-examination of General Peel having closed,
The Lord Chief Justice thought there was nothing in
the case to affect General Peel, and under such circum-
stances he ought to be relieved from the action.
After some conNersation, Mr. Coleridge assented to this
course, and the action then proceeded against the two r -
maining defendants.
The Earl of Wilton was then examined at length as to
the circumstances connected with this transaction, but only
confirmed the statements made by his counsel, Mr. Lush,
in his opening address.
The further hearing of the care was adjourned till Friday
next. _

very difficult one. She told my young friends that her
charges were only 10s,
Plaintiff—Why I never said such a thing. It was a pipe
skirt, with a pipe cord, and the dress was 51 yards round.
His Honour—What did the silk cost ?
Mrs. Coleman—L3 15s.

The lady here walked into the space directly facing the
judge, and holding up her mantle said, "This is the dress,"
His Honour—lt is a very handsome one.
Plaintiff—And it would take nearly one week to make.
His Honour—l cannot say fiLat. 14e. is too much for
making a dress of this kind. You women have disagreed,
and it would have been better to have paid all the money.
Verdict for plaintiff with costs.

POLICE INTELLIGENCE—This Day.

MARLBOROUGH-STREET.

A NIGHT SCENE IN PICCADILLY.—Mr. AlfrLd May-
how, of Portland, Dorsetshire, wine merchant, was charged
before Mr. Tyrwhitt with being drunk and disorderly in
Piccadilly, and assaulting Police Sergeant Fornett, 292 A,
Wm. Moore, 187 C, and Wm. Fish, 331 A., and Louisa
Franklin, a prostitute, of 7; Stanley-street, Brompton, was
also charged with striking Sergeant Fornett on the head
with an umbrella.

Sergeant Fornett said—About a quarter to one this
morning I saw the male defendant outside the Royal Stan-
dard public .house, in Piccadilly, just at the top of the Hay-
market. He had been expelled from that house, and had
lost his hat. As he was screaming drunk, and creating a
great disturbance, I advised him to go away, but he refused
to do so. I then told him that if he did not discontinue
his noise I should be obliged to take him into custody, and
attempted to do so, when he struck me twice in the face.
I then took hold of him, when he struggled, and we both
fell, and while on the ground he set to kicking as if he was
mad. HiA conduct here became so outrageous that it took
us 20 minutes to get him to the station in Vine-street.
There were not fewer than 1,000 persons assembled, and
there was a scene of the most riotous description. While
on the way to the station the female (Franklin) came up
and said, " You brute, let him go," and she then struck me
across the head with an umbrella. I had no hat on at the
time, having lost it in the melee.
Mr. Tyrwhitt—That shows what a useless thing the
police hat is in a row.
Sergeant Fornett—l then took Franklin to the station.
She had been drinking, but was not drunk. While at the
station the male defendant struck the gaoler, and his con-
duct was so disgraceful that he was obliged to he removed
to a lower cell, as he disturbed the whole neighbourhood.
Fish, 331 A, said—On going to the spot I found the ser-
geant and the male defendant on the ground, and on at-
tempting to raise the defendant he struck me a violent blow
in the mouth, cutting my lip very badly. On asking the
defendant to go quietly, he said, " I'll not go for the
police. I will fight Tom Sayer, or any other man in Eng-
land." The female on the way to Vine-street struck the
sergeant with her umbrella. She was with tha male
defendant outside the Royal Standard, but I don't know
whether she had been with him before.

Moore, 187 C, said—On attempting to assist in taking
the male defendant to the station he struck and kicked me,
and made use of very violent language.

The defendant Mayow—l was struck by the police.
Sergeant Fornett—Yes, I struck you, but it was to pre-
vent you biting me in a most cowardly manner.
Mr. Tyrwhitt asked Mayow what he had to say to the
charge.

Mayow—l had been drinking, and was exasperated.
Franklin—l did not strike the sergeant, and only inter-
fered on behalf of the gentleman.

Mr. Tyrwhitt—These assaults on the police are without
defence. I shall fine Mayow 20s. or 14 days for each as-
sault, and Franklin ss. or seven days.
It was stated in court that such a turbulent scene has
not been witnessed in the neighbourhood of the Haymarket
for years,

ELECTION OF SHERIFFS.

THIS DAY.

The election of two citizens to fill the office of Sheriffs of
London and Middlesex took place to-day in the Guildhall,
the candidates for the honour being Alderman Dakin and
Messrs. Neissen, Mitchell, and Cave.
At one o'clock the Lord Mayor, Sheriffs, the respective
candidates and their friends entered the hall, at which hour
there was a full attendance of the livery and a considerable
number of "long shore" men.
As Messrs. Neissen and Mitchell had been nominated on
a former occasion, it only became necessary to submit their
names as candidates.

Mr. THOMAS REYNOLDS said he had a gentleman to pro-
pose, who would, he felt assured, well maintain the
privileges of the citizens of London, and at a time when their
privileges had been attempted to bo invaded, it was of the
utinost importance they should have sheriffs who will do
all in their power to preserve their rights in all their inte-
grity. He had treat pleaeure in proposing Mr, Thomas
Cave.

Mr. GLOVER seconded the nomination of Mr. Cave, and
said if the citizEms elected him tho,) would have the right
man in the rigbt place,

The names of the respective candidates were then sub-
mitted to the livery, when
Alderman LAWRENCE declared that the election had
fallen upon Hilliary Neissen, Esq., and Thomas Cave,
Esq. (Cheers.)
The COMMON SERGEANT then submitted the name of
Benjamin Scott for re election as City Chamberlain.
Mr. JONES said he hoped before they re-elected the City
Chamberlain they would give him a few minutes attention.
the speaker then proceeded, amidst cantinued interruption,
to complain of the way in which the city accounts were
kept, and which he said were 18 months in arrear.
Mr. MEISSEN and Mr. CAVE having returned thanks for
the honour conferred on them, the proceedings terminated.

THE BRAZILS.

----f-

BUENOS AYRES, May 15.
The National Congress of the Argentine Repub-
lic was opened upon the 4th inst.
Upon the 2d, Don Mariano Saavedra was elected
and proclaimed Governor of the Province of Buenos
Ares—a circumstance which removes all appre-
hension of a oonflict between the national and pro-
vincial authorities.

The works of the railway from Rosario to Cor-
dova have been commenced.

A silver mine has been discovered at Gualeguay,
in the province of Entre-Rios.
Civil war has broken out in the Argentine Re-
public.
General Penazola, with the bandsunder his com-
mand, holds the country in the province of Rioja,
while his lieutenants (Ciavero and Outivero) have
raised the standard of revolt in five other provinces
especially in those of San Luiz and Cordova. It
was at first reported that the forces of the Govern-
ment had been routed by the rebels, but the latest
intelligence received by way of Montevideo states
as certain that Penazola's guerillas have been de-
feated by the regular troops.
When the Republic of Montevideo was invaded
by General Flores, the former chief of the Colorado
party—an expedition said to have been fomented
and encouraged by the Government of the Argen-
tine Confederation—the Italian and Portuguese
charges d'nffaires believed themselves bound to in-
tervene with General Mitre, the President, request-
ing him to observe the strictest neutrality. Gen.
Mitre's Minister of Foreign Affairs declined verbal
communication, and requested the charges to for-
ward their observations in writing. The notes
were accordingly despatched, but returned by Gen.
Mitre without reply, as incompatible with the dig-
nity and sovereign power of the republic.
MONTETIDEO, May 17.

General Flores, with 2,000 men, holds all the ter-
ritory of the republic north of Rio Negro. Six
hundred regular troops, sent to reinforce General
Llamas, have joined the invader. The Government
abstains from publishing unfavourable news. The
latest intelligence is that Flores and his partisans
are at the gates of the city.
Rio DE JANEIRO, May 25.

The excitement occasioned by the dispute with
England is far from being appeased. It is in fact
skilfully kept alive among the masses by the party
calling itself Liberal. The Goveinment has found,
in this popular sentiment, encouragement to dissolve
the Chamber of Dzputie, which took place upon
the 12th. General Polydore Jordao, the Minister
of War, was strongly opposed to this step, and atter
an animated debate upon the subject in the Council
of Ministers, sent in his resignation. Its immediate
acceptance followed, and the General was replaced
by M. Antonio de Mallo, Director of the Astrono-
mical Observatory. The post of Finance Minister
is still vacant.

A complete change has taken place in Brazilian
politics, the Conservative party, which has held the
reins of power almost exclusively for 15 years, hav-
ing been supplanted by the Liberals. The present
Ministry, composed of various elements, was last
year selected by the Emperor to avoid the dissolu-
tion of the Chamber, in which the majority, although
small, consisted of Conservatives. This Ministry,
however, fell short of its mission by displaying
Liberal tendencies. It would undoubtedly have
collapsed in January if the Anglo-Brazilian ques-
tion had not imparted to it a feeble spark of vitality,
and enabled it, in union with the Liberal party, to
make political capital out of the popular element.

When the Chambers were opened the two parties
were nearly equal, the Ginservative majority con-
sisting only of about 15. It was evident that the
Ministry could not carry on the Government with
such slender meats. The Council of State was re-
quested to advise upon the question of a dissolution,
and decided against the measure. The Emperor,
however, IM doubt on account of the English diffi-
culty, preferred dissolving the Chambers to dismiss-
ing the Ministry.
The decree ordering the dissolution of the Cham-
bers was read upon the 12th. The primary elec-
tions are fixed for the 9th of August, the secondary
elections a month later. Little doubt exists that
the returns will be almost exclusively Liberal.
Some apprehension is entertained lest they may
give rise to bloodshed in portions of the provinces,
although the Conservative chief have ordered their
followers to preserve the strictest moderation.

Intelligence received here from Bahia states that
a new Confederate cruiser, the Georgia, arrived at
that port direct from Grceuock on the 12th instant,
having been 41 days at Sea. She had captured and
burned two vessels, and landed 11 men belonging
to their crews at Bahia.

MARKETS--This Day.

MARK LANE.

Fresh up to this morning's market a supply of English
wheat was received. The demand ruled far from active
either for red or white produce, nevertheless Monday's im-
provement in the currency was well supported.
The show of samples of foreign wheat was large. All
descriptions were in slow request, yet prices ruled firm. A
very moderate business was done on French account.
Floating cargoes of grain ruled firm at full quotations.
The supply of barley was small, and the value both of
grinding and distilling parcels, notwithstanding that the
demand was somewhat inactive, was fully maintained.
Malt was in slow request on former terms.
The market was well supplied with oats. The best
qualities changed hauds slowly, at Monday's quotations ;
otherwise the trade was dull.

Beans ruled firm, at extreme rates, and the value of peas
was well supported.
In English and foreign flour a fair business was trans-
acted, at full quotations.

ARRIVALS THIS WEER.
Wheat. Harley. Malt. Oats. Flow.
Enzlish 270 20 1 1,751 ` -- 620
Irish - i _ - _
Foreign.. 6,361 500 i 1 14,120 250 sks
,4,310 brie.