The Sun.
London, England, 1863-03-04 00:00:00

WEDNESDAY- EVENING, MARCH 4, 1863.

THE DISPUTE WITH BRAZIL.

The following further correspondence respecting
the plunder of the wreck of the British bark Prince
of Wales, on the coast of Brazil, in June, 1861, was
published yesterday :
"M. MOREIRA TO EARL RUSSELL.-(RECEIVED
FEB. 27.)
" (Translation.)

"Brazilian Legation, London, Feb. 26, 1863.

" The undersigned, Envoy Extraordinary and
Minister Plenipotentiary of his Majesty the Em-
peror of Brazil, has the honour to acknowledge
the receipt of the note addressed to him this day by
his Excellency Earl Russell, &c., and hasten to
transmit to his Excellency a cheque for the sum of
£3,200 on the Bank of England, which her Britan-
nic Majesty's Government has fixed for the ship-
wreck of the Prince of Wales.

" This payment being made, it is now the impe-
rious duty of the undersigned to do what ho already
had the honour to announce in his note of the 9th
inst. to the Right Hon. Earl Russell—that is to
say, to declare that his Majesty the Emperor, in
making this payment to her Britannic Majesty's
Government, does not recognise in any manner the
right or justice, on the part of the British Govern-
ment, to pretend to make the Imptrie.l Government
responsible for the wreck of the ship Prince of
Wales on the coast of Brazil, inasmuch as the Im-
perial Government used all the means in its power
to punish the supposed malefactors, and sincerely
and loyally made all possible efforts to demonstrate
the invalidity of the claim which the British Lega-
tion at Rio de Janeiro put forward in this affair.
"And the Imperial Government, being thus fully
convinced of the right which appertains to it, de-
elarPs---

" 1. That it cannot and ought not to assent to the
unusual principles which it is pretended to establish
against it on the occasion of this shipwreck, nor can
it accept the responsibility thrown upon it, against
all which it loudly and categorically protests.
"2. That, therefore, it refuses, as it has already
refused, to consent to and take part in the liquida-
tion of the losses suffered by the owners of the
shipwrecked vessel, or of any compensation for the
damages which resulted from that shipwreck; and
thus, likewise, the Imperial Government absolutely
declines to take cognisance of the fact that the Bri-
tish Government abstains from making any pecu-
niary claim for the ship or freight, as declared in a
note to which the undersigned is now replying.
" 3. Lastly, that in transmitting to her Britannic
Majesty's Government the aforesaid sum of £3,200
for the shipwreck of the Prince of Wales, the un-
dersigaed declares, in the name of bis Government,
that this payment thus made to the British Govern-
ment is made solely in consequence of the illegal
and violent proceedings committed upon Brazilian
ships in the territorial waters of the empire, and is
the simple result of force, without in any way im-
plying the admission of right or justice on the part
of the British Government. Wherefore it will never
be possible, by this payment, to establish a prece-
dent against Brazil or any other maritime nation,
inasmuch as the imperial Government does not re-
cognise the right of such an act, but, on the con-
trary, most formally and solemnly protests against
it and its consequences.
" The undersigned, in making this protest to her
Britannic Majesty's Government, for the due effect
thereof, reserves in the meantime the right of claim-
ing, in the name of his Government, satisfaction for
the violation of its territorial sovereignty, in conse-
quence of five vessels belonging to Brazilians having
been captured and held as prizes in the territorial
waters of the empire, by way of reprisals, by ships
of war of the British navy ; as also an indemnifica-
tion for the damages resulting from the said cap-
ture, against all of which the undersigned now pro-
tests ; and he takes, &c., " C. MOREIRA."

" EARL RUSSELL TO M. MOREIRA.

" Foreign-office, Feb. 28, 1863.

"The undersigned, her Majesty's Principal
Secretary of State for Foreign Affairs, anknow-
ledges the receipt of a check on the Bank of Eng-
land for the sum of £3,200.

" The undersigned would have gladly confined
himself to this simple acknowledgment, had not
Senhor Moreira, Envoy Extraordinary and Minister
Plenipotentiary of his Majesty the Emperor of
Brazil, in transmitting the cheque, made various
statements which it is the duty of the undersigned
not to leave uncontradicted.

" The first of these statements is, that the said
sum of £3,200 is a sum which her Britannic Ma-
jesty's Government has fixed for the shipwreck of the
Prince of Wales.' The undersigned has already
informed M. Moreira that no sum is claimed for the
loss of the 'ship Prince of Wales, nor for the freight
of the cargo. The sum is claimed for the shameful
plunder of the cargo, and for the negligence shown
by the Brazilian authorities in their inquiries to
ascertain the delinquency of the supposed malefac-
tors. When Mr. Consul Vereker arrived on the
coast on the 16th of June, eight or nine days after
the shipwreck, finding that eight or ten dead bodies
were said to be on shore, he requested the Municipal
Judge to proceed to an inquest on the bodies, but
he declined to do so. The Consul attributes this
refusal to the presence of Senhor Faustino, the In-
spector of the District, with an armed force which
outnumbered that accompanying the Municipal
Judge. Here was at once a failure of justice. Had
the-eight or ten bodies been at once produced, and
had those bodies been examined, it would have been
ascertained whether there were any marks of
vio!ence upon them ; and as they were W.thheld for
a considerable period, until the bodies were in a
state of decomposition, the cause of death could not
be ascertained.

"Had a Brazilian ship been wrecked on the coast
of Cornwall, and dead bodies been found on the
shore, the coroner of the district would at once have
had the dead bodies produced, and would have held
his inquest upon them.
"Had any magistrate appeared with an armed
force to prevent or control such inquest, 24 hours
would not have elapsed before that magistrate
would have been dismissed, and a militnry force
would have been sent to protect the judicial pro-
ceedings of the coroner,
" The undersigned will not enter further into the
case. The circumstances are well summed up in a
letter of Rear-Admiral Warren to Mr. Christie,
dated Sept. 23, 1862, contained in the papers re-
specting this case presented to Parliament by her
Majesty's command (page 96).
"The shipwreck took place in Jane, 1861. Her
Majesty's Government having been mocked for 18
months by the evasions, subterfuges, and unfounded
assertions of the Brazilian authorities, her Majesty'f,
naval squadrek proceeded to enforce the moderate
demands of her Majesty's Government. These pro-
ceedings have been conducted according to the rules
of international law, after a long period of patience
and forbearance.—The undersigned, &c.

" RUSSELL'."

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FATAL RAILWAY ACClDENT.—Yesterday Mr.
Bedford held an inquest at King's College Hospital
on the body of Benjamin Brown, aged 41, an engineer in
the employ of the London and Brighton Railway Company.
From the evidence of several witnesses, it appeared that on
Tuesday last the deceased was superintending some works
at the Clapham Junction station, when a signal was given
that a train was approaching. Deceased got on a fence,
which was only two feet from the main line, and instead of
getting over the fence he sat astride on it, thinking the train
would pass him. In this, however, he was mistaken, for,
according to the evidence of two witnesses, the carriages
in the train struck the deceased, and knocked him off the
fence, fracturing his left legs and one of his arms. He was
seen by a surgeon, and afterwards taken to the hospital.
The fence in question had been cmstructed under the direc-
tions of the deceased, but he had given instructions the same
morning to have it removed further back from the main line,
as he considered it too near the trains. Mr. Wm. Smith,
house surgeon, said the deceased was admitted on Tuesday
last. He was suffering from a compound fracture of the
right thigh, and a fracture of the elbow joint. There was
also a severe scalp wound, and a large wound on the left
thigh. Amputation was resorted to, and he went on well
till Wednesday evening,
when he began to sink rapidly. He
died at 10 the same night. The coroner having gone through
the evidence, the jury returned a verdict of " Accidental
death."

RUSSIAN BARBARITY.

The attack on the holm of Count Polytelo by the
Russians has been mentioned in our columns. We
are now in a position to give, from an authentic
source the-details of this barbarous outrage, which
was entirely unprovoked on the part of the suf-
ferers :—Count Leopold Polytelo, member of the
Polish Council of State, after having taken his wife
to Nice for her health, went to live on his estate of
Woyslawice, Lublin, with his two young sons, in-
tending to await events, The insurrection broke
out, and he continued to hold the opinion he had
often expressed, that this movement could only
have the effect of bringing down measures of re-
pression upon the country. None of his servants
took part in the insurrection, and no conflict took
place in his territory. On the 12th of February he
assembled, to do honour to the fifth birthday of his
eldest son, his brother-in-law, M. Titus Woycie-
chowski, a former colonel of Grenadiers in the
Polish guard, and a former major of the Polish
army. These gentlemen, over their coffee and
cigars, discussed the events of the day, when at
half-past three in the afternoon, the steward of the
estate, Salkowski, came to tell them that a detach-
ment of Russian troops, consisting of three compa-
nies of infantry, a squadron of lancers, with two
guns, and some Cossacks, had made a domiciliary
visit to the chateau:of Rakolupy, belonging to the
Count Aurele Polytelo, that they were marching on
Woyslawice, and that they would arrive in half an
hour.

The gentlemen considered what they had better
do. They could easily have avoided a meeting
with the troops, as the time more than sufficed, but
the two ohl soldiers recommended that they should
remain quiet, seeing that it was not a Tartar horde
that was coming down upon them, but a detach
ment of regular troops, commanded by civilised
chiefs and men of honour, who would make the
domiciliary visit, and, finding nothing, quit the
place. Soon after there were heard in the distance
two reports of cannon, fired in the little village of
Woyslawice, situated about a quarter of a league
from the chateau. These shots killed four inoffen-
sive men, and wounded others.
Then there ware seen from the windows several
Cossacks, who approached at a gallop along the
road, and shortly afterwards tirailleurs were seen to
extend and to march upon the chateau, where their
balls already began to break the windows. Behind
them were the masses of infantry. The guns were
put in position at 150 paces, and at this distance
the officers remained, while the infantry approached
the chateau and began to break the windows. Count
Polytelo wished to go out and parley with the com-
mander of the expedition, in order to save the in-
habitants of the chateau and his guests from the
danger which menaced them, but he was prevented
by his brother-in-law, who pointed out that there
was no one with whom he could treat, as no officer,
not even a subaltern, appeared among the soldiers.
Then began a horrible slaughter. The soldiers,
having broken the windows, began to fire, without
up to that time having wounded any one; but as
soon as they came into the vestibule they began to
massacre the servants with the bayonet. Count
Polytelo seeing this, and convinced that his future
life was to be counted by minutes, bade farewell to
his brother-in-law and his guests, and saying that it
was his duty to die with his children, he went to his
sons, whom he found with their aunt, Mdlle. Dunin,
and three female servants on their knees. He fol-
lowed their example, and for an hour and a half, dur-
ing which the carnage lasted, he passed the time
praying and awaiting death. The count, his chil-
dren, and the women who were with them, were
saved as by a miracle, since the door of the room in
which they were was riddled with balls, and all
around them the soldiers had been firing about at
random, and breaking open the doors.
Towards six o'clock in the evening the firing
ceased, and the count, leaving his retreat, learned
what follows. M. Woyciechowski and his son
Joseph had withdrawn into the cabinet of the count,
and when the mitradle commenced, the missiles
which came through the windows killed the young
man and wounded his father. Major Kunn and Col.
Dunin awaited the assassins in separate rooms.
Major Kunn was attacked with the bayonet, and
defended himself with his hands. Afterwards he
lost two fingers from a bullet, and then received
several bayonet wounds, and numerous blows on the
body. The victorious soldiers took him prisoner anti
led him before an officer. From him he asked for
medical aid, as he was weak from loss of blood, but
the officer replied that he had surgeons with him,
but that their services were fcr the Russian soldiers,
and not for the enemies of Russia. He ended by
giving him a blow on the face with his sabre.
Colonel Dunin (70 years of age) sat calmly upon
a sofa in the drawing-room, awaiting the attack,
when the door was opened, and four soldiers fired
upon him simultaneously. He was wounded in
several places. Then the soldiers set upon him,
and he was wounded in the hand, pushing back the
bayonets. He wished to check the fury of the assas-
sins, and compelled them to take note that they
ought to deal with him as an old man and veteran
soldier. For reply he received wounds and blows ;
then the soldiers supporting him because he grew
weak with the great loss of blood, conducted him to
the major commanding the detachment, who re-
mained impassable beside the guns in the midst of
this scene of carnage. Colonel Dunin addressed
the major as follows :—" You are a soldier, and yet
you are not ashamed of thus killing an unarmed
crowd, unable to defend themselves." The major
replied that 100 shots had been fired from the cha-
teau, and be had then caused it to be attacked.
Colonel Dunin replied, "It is an infamous lie. I
am an ancient colonel of the Grenadier Guards,
aide-de-camp of the General of Division Zymirski.
I am decorated—nay, I swear to you by my grey
hairs; I give you the word of honour of a soldier,
that since the disturbances arose there has not been
a single insurgent in the chateau, and that there
has not been a single weapon in the building—
neither musket, nor revolver, nor sabre; in a word,
not a thing. Besides, I am in your hands ; let a
domiciliary visit be made, and if you find any other
articles but some pen-knives and table-knives let
me be shot." The major replied, " But what do you
tell me, when I have seen some one in the court
aim at myself at 20 paces." Colonel Dunin re-
plied, " How dare you tell such a lie ? But, good
heavens ! what kind of leader are you ? and how
have you not seized that man in a court filled
with soldiers ?" The Russian major perceived he
had told a fib, was silent, and at a given signal
the fire ceased. At a second signal the soldiers
resumed their ranks. Thus it is not by the fury of
insubordinate soldiers, but, in fact, by the order of
the leaders that the crime has been committed. At
last the major ordered the mayor of the village to
be called, and placed the wounded under his care,
after which he told the soldiers that they had be-
haved courageously—like heroes. He went about
a quarter of a league from the place, and next morn.
ing returned from this glorious expedition to Kra-
suystaw.

There are six killed—four at the town of Woy-
slay wice, and two at the chateau, M. Joseph Woy-
ciechowski and a servant ; there are besides at the
chateau nine wounded, who have been 11 hours
without being attended to, sinoe there were no doc-
tors or other assistance to fetch to them in these
places. The sack of the mansion has been complete.
The ground-floor has been covered with wreck ;
furniture, glasses, china—everything has been
broken ; the linen was given to the flames. They
carried off the jewels of the countess, and "Abstracted
12,000 florins from the chest of Col. Dunin. They
have also taken from a maid servant 3,000 florins
of savings, and from Controller Gorchonski 12,000
florins, which constitute his all, the fruit of savings
during a long series of years.

We have not yet succeeded in learning the name
of the Russian major who commanded this com-
pany, but we are able to give the name of the
colonel (Baumgartner), military corr mandant of the
district of Krasneystein, who, having to engage a
band of 2,000 insurgents four leagues distant from
that place, at Dubrenka, contented himself with
sending a moveable column to Woyslawice to mur-
der a councillor of state and his guests, all inoffen-
sive and unarmed men.

" Mr. Sergeant Glover v. Count de Persigny
and M. Billault.
JUDGES' CHAMBERS, MARCH 3.
(Before Mr. Justice Blackburn.)
This afternoon the adjourned hearing of the sum-
mons taken out by Mr. Sergeant Glover, for rescind-
ing the order of Mr. Justice Crompton extending
the commission forexamining witnesses in the above
case in Paris until the 30th of April, was taken at
Chambers, before Mr. Justice Blackburn.
Mr. Sergeant Glover conducted his own case.
The defendants were represented by Mr. Hodgson,
the barrister, instructed by Mr. Cotterill, of Throg-
morton-street, defendants' solicitor.
Mr. Serg. Glover stronglyobjected to any further
delay, which, he contended, was only sought from
motives of oppression and vindictiveness towards
himself. The French Ministers against whom he
was proceeding first deluded him, he said, into spend-
ing many thousand pounds on their behalf, and he
had not received even a farthing from them, while
they had paid as much as .£26,000 to some of his
successors in the J. orning Chronicle. At the trial
he should be able to prove, by incontestable evidence,
that in June, 1856, two gentlemen came to him at
the Morning Chronicle office, and then and there
offered to purchase and to pay him immediately in
cash the sum of £10,600 sterling for the copyright
and pant of that journal. He refused the offer,
considering the property to be of much higher value
—whereas, after he had been associated with the
French Government in having leading articles
written, and inserting them on behalf and to the
profit of that Government, the Morning Chronicle
became so much injured and depreciated in value as
to have been sold in October, 1858, for the sum of
£3,000, thus showing a pecuniary loss in the com-
mercial value of the Morning Chronicle property of
£7,000 sterling. After negotiations had been com-
menced in November, 1856, by M. Bonard, the
avocat to the French Embassy in London, at the
instigation, as he (Mr. Sergeant Glover) understood
of Count de Persigny, then French Ambassador in
London, and M. Billault, then Minister of the In-
terior of France, several leaders and articles were
inserted at the suggestion of M. Bonard. A leading
article against the Times newspaper, written in
French, was given in Paris to him by M. Bonard,
who said it had been transmitted to him by the
Chief of the French Embassy in London. The article
was amended by the foreign editor of the Morning
Chronicle in London, whence it was transmitted to
Paris, and the amendments made were shown to M.
Bonard, who, having submitted the articlein another
quarter, returned it with the approval of M. Bil-
lault. This article, he repeated, inserted in the
Morning Chronicle in December, 1856, was a
vindication of M. Billault against the limes news-
paper. After the negotiation between the French
Government and himself, a leading article writer
was employed and paid by him (Sergt. Glover) to
call frequently at the French Embassy in London,
and to communicate, personally or otherwise, with
the Count de Persigny, then French ambassador in
England. That gentleman frequently called upon
Count de Persigny, and received from him advice
(or what Frenchmen call " inspirations") for the
purpose of writing suitable leaders, which were
afterwards inserted in the Morning Chronicle, not
only for the purpose of influencing public opieion
in England for the advantage of the French Go-
vernment, but likewise that such leading articles
might be translated into French, and reinserted in
the Moniteur, Constz'tutionnel, Pays, and other
French journals. After the arrangement had been
concluded between M. Billault and himself, he (Mr.
Sergeant Glover) was requested by M. Bonard, jun.,
on the part of M. Billault, to whom he was private
secretary, to name and introduce at the Ministry of
the interior the Paris correspondent of the Morning
Chronicle. That gentleman was accordingly intro-
duced, and M. Billault frequently gave instructions
on which articles were founded. He might par-
ticularly mention a letter which was written
at the inspiration of M. Bonard, jun., the private
secretary of M. Billault, and inserted in April, 1857,
in reference to the Minister of the Interior opening
la Laval and Rennes Railway, and he alluded also
to a letter ha had received from M. Bonard, jun.,
attacking the Morning Advertiser. Upon that letter
a leading article was written and published. Another
person connected with those transactions, and who
acted on behalf of the French Government was M.
Chevalier St. Andre, who was appointed by M. Bil-
tault as Chef de Division de la Presse, in the bureau
66, Rue Belle-Chasse, Paris, when and where M.
Collet Meygret was Directeur- General de la Surete
Publique et de la Presse, the latter office being after-
wards filled by M. Lagueronniere. M. St. Andre had
lately been pensioned off by the French Government,
but previously to that he mentioned to him (Mr.
Sergt. Glover) that M. Billault, then Minister of the
Interior, and he (M. St. Andre) had had what
Frenchmen call a very serious conversation and con-
sultation in Paris about the London daily journals,
one of which, he said, M. Billault was desirous to
obtain in support of the French Government ; that
he (M. St. Andre) observed that the Morning
Chronicle was the only daily London newspaper
likely to answer the French Government's purposes,
as the others were generally held by several pro-
prietors, who, as bodies, it would be difficult to ar-
range with, except the Morning Post, which was
Lord Palmerston's journal and organ; whereas the
Morning Chronicle was held by a single proprietor
(Mr. Sergeant Glover). M. St. Andre added that
he was then authorised by M. Billault to call upon
him (Mr. Sergeant Glover) in London, in order to
secure the support and co-operation of the Morning
Chronicle on behalf of the French Government, he
himself having been some years previously connected
with the French department of the Morning Chro-
nicle before the proprietorship of Mr. Sergeant
Glover. M. St. Andre, in pursuance of M. Bil-
lault's instructions, accordingly called on him at the
Morning Chronicle office in January, 1857, stating
that he had been a college associate, besides having
been very many years intimately and then officially
connected with M. Billault--that he was authorised
by M. Billault and M. Collet Meygret, he also fill-
ing the next highest official position (Directeur
General de la Surete Publique de la Presse) to make
relations with him that the Morning Chronicle
might become the partisan and English official
journal of the French Government, and immediately
to commence such operations on behalf of and in
conjunction with a daily Parisian newspaper, La
Verite, of which M. Collet Meygret had then be-
come proprietor on behalf of the French Govern-
ment. Accordingly he (Mr. Sergeant Glover) went
to Paris at the commencement of February, 1857,
and made arrangements with regard to the Morn
ing Chronicle's support of the French Government.
Afterwards the subjects of editorial leaders were
suggested by different members and associates of the
French Government, besides the arrangements which
he had previously alluded to.
Mr. Justice Blackburn (interposing) said that, as
far as he at present understood the matter, the ob-
ject of the motion before him was simply a legal
matter—namely, to rescind an order of Mr. Justice
Crompton for an extension of the commission.
Mr. Hodgson, for the defendants, said that was
really the point at issue.
Mr. Justice Blackburn asked for the original affi-
davit filed by Mr. sergeant Glover, which was pub-
lished in extenso in this journal on Friday last.
Mr. Sergeant Glover said he was totally unaware
of any affidavit being filed, or any grounds being
laid before Mr. Justice Crompton for making that
order.
Mr. Justice Blackburn said it was a common
practice for things of that sort to be done without
affidavits, or even the merits gone into.
Mr. Hodgson said that Mr. Cotterill, the solicitor
for the defendants, had filed an affidavit with regard
to the order of Mr. Justice Crompton, extending the
time for the commission.
This affidavit, which was read by direction of the
learned judge, stated that issue to this action was
joined on Dec. 23, and that on the 23d of that month
an order, in the usual extended form, for a commis-
sion, at the instance of defendants, was settled by
Mr. Justice Wightman. By that order Thos. Pick-
ford, Esq., her Majesty's Consul at Paris, was nomi-
nated the defendant's commissioner, and M. Delau-
nay, of Paris, as the plaintiff's commissioner, and
the commission was made returnable on January
31, 1863. On the sth Jan. the draft of the commis-
sion Was sent by his firm to the then attorney for
the plaintiff (Mr. Rose) for perusal. On the 9th of
January he (Mr. Cotterill) caused a summons to be
taken oat to add Mr. John Diston Powles as joint
commissioner with Mr. Pickford ; and on the 12th
Jan. an order was made by Mr. Justice Blackburn
to substitute Mr. Powles for Mr. Pickford. On the
27th January, the draft of the commission not
having been returned by Mr. Rose, the plaintiff's
attorney, a summons was taken out for the purpose
of extending the time of the commission. After
several adjournments, made in order to enable Mr.
Rose to communicate with Mr. Sergeant Glover, Mr.
Justice Crompton made the order. The draft was not
returned until the 20th Feb. last. Shortly afterwards
a letter was received from Mr. Sergeant Glover,stating
he had been in Paris awaiting the opening of the
commission, and Mr. Rose considered, that the
learned sergeant's proceedings were irregular, and
without his sanction, so that he should retire from
the case. The statement by the plaintiff that the
commission was retained by the defendantalattornies
for the purpose of delay, was altogether and en-
tirely untrue; on the contrary the delay in the com-
pletion of the commission had been caused solely by
the default of the plaintiff, and the irregular course
to which he had resorted. Some reflections on the
plaintiff's conduct in Pa-is were added.
Mr. Sergeant Glover said that having obtained a
copy of that affidavit was now pre-,
yesterday, he

pared with an affidavit in reply, which he wished
to submit.
Mr. Justice Blackburn—Read it by all means.
Mr. Sergeant G.over then read an affidavit, et
which the following is a copy, only those passages
having reference to his transactions with Mr. Rose,
bis late solicitor, being omitted :—" I, William
Glover, of 58, Burton-crescent, in the county of
Middlesex, sergeant-at-law, make oath and say:
That I have read with great surprise an affidavit
dated March 2, 1863, and purporting to have been
made by William Henry Cotterill, attorney for the.
defendants, and which affidavit contains severs
statements utterly unfounded in fact and truth.
That on or about the 6th of Jan. I saw and read.
at the office of my then attorney, Mr. Rose, the
order for the commission, made and signed by gr.
Justice Wightman, on the 23d Dec., 1862 ; also a
draft of the commission drawn in pursuance of the
said order, and I then, or immediately afterwards,
informed my attorney that I was satisfied with such
dr ft, and desired the commission to be drawn UP
as soon as possible, in accordance therewith. That
on or about the 7th of January, Mr. Rose having
written to me about the defendant's attorney
wishing to add a Mr. Powles as joint commis'
sioner with Mr. Pickford, I objected on the
ground that I merely had one Commissioner.
That Mr. Pickford, an official gentleman of high
position in Paris, had been selected by the attoolei
for the defendants several months previously, upon
some personal grounds from what I had heard, and
was induced to believe, respecting Mr. Powles•
That I was totally unaware of any of the matters
relating to the postponement of the commission,
mentioned in the defendants' affidavits, until I re'
ceived letters while at Paris from Mr. Rose. (Let•
tern inserted.) That in reference to the paragraph
about plaintiff having been in Paris, I told my late
attorney, previous to my departure from London,
that I was About proceeding to Paris in order to at'
tend the commission which, from the judicial order
already mentioned, I verily .believed was to have
commenced its sittings about the 12th of Jaml*
or immediately after; and being so convinced, I
wrote from London to Mr. Pickford, one of the cost'
missioners mentioned, hoping that he would not it
begin the commission until about the 15th of Jolt II
as I was then collecting more documentary evidence,
among which I forwarded files from the Morning
Chronicle for the years 1857 and 1858, which ar'
rived in Paris on the 13th of January, and which
intended to use upon the examination of the defer'
dants in this action. I say with respect to soul!
averments in the affidavit of W. H. Cotterell,
treat such with the utmost scorn and contetuPtf
especially where he expresses an opinion about
events which happened several hundred miles frost
where I am informed he was then absent ; and I
say that the high authority in Paris to whom I tl'
luded in my former affidavit, was her Britannic
Majesty's Ambassador, the Earl Cowley, ,to
whom I wrote a letter dated Feb. 3d, detailing toe
outrage perpetrated upon me, and afterwards men'
tioned other facts relative thereto, at an intervievi
with his Excellency. I say that it is most necessary
for English justice being administered in this cause'
by a trial at the earliest possible opportunity, sinc_e,
the plaintiff has been informed that attempts are newe
being made with the knowledge and concurrence of
the defendants to tamper with some witnesses ; and
while I was at Paris I was informed that, by the
connivance of the defendants and their friends, one
gentleman, who had mentioned most important facts
to the plaintiff, and who would have given valuable
evidence on the part of the plaintiff, was spirited
away and seat to America since the commencement
of this action, in order to prevent him giving such
testimony."
Mr. Justice Blackburn said he did not see whet
legal ground had been shown for rescinding the
order. The full Court at Westminster might do
on application, but it was not the practice of a judge
at chambers to interfere with an order made by f/
judge having equal authority with himself.
Mr. Sergeant Glover said there was au exactly
similar order made by Mr. Justice Crompton re,'
specting M. Billault, which the Court of Queen e
Bench afterwards rescinded, which order he wog;
dared must have been obtained from the learned
judge by a mis- statement of facts.
Mr. Justice Biaekbutn said he must decline to
interfere with Mr. Justice Crompton's order.
Mr. Hodgson applied for costs.
Mr. Justice Blackburn said there was no order
fit for counsel. The costs must be costs in the eauSe•