The Sun.
London, England, 1862-08-14 00:00:00

THE SETN, LONDON, THURSDAY IWEXING, AUGUST 14, 1862.

their laws and liberties on those of the mother

country. (Hear.) Among other great works of
improvement he expected to see an overland route
through Canada to the East, and a continuous
stream of British subjects passing from the Atlantic
to the Pacific, and populating the whole territory.
The Duke of Newcastle had always advocated this
scheme which had been foreshadowed by her Ma-
jesty in her Speech two or three Sessions ago. He
thanked the Association in the name of the people
of Canada for advocating and promoting their in-
terests in the present and on other occasions.
Mr. NEWMARCH did not rise to oppose the reso-
lution, but thought it would be desirable that the I
gentlemen from Canada should tell their country-
men on their return that a painful feeling had been
created in this country by some recent events which
Englishmen found it hard to understand. The In-
tercolonial Railway was, he believed, a necessity,
but there was nothing more certain than that the
Legislative bodies had before them the ultimatum
of the English Government as to the amount of as
sistance which would be given them. That railway
would confer great advantages on both countries,
but, under present circumstances, no body of Eng-
lish capitalists would take the entire burden of
making the line upon themselves. (Hear, hear.)
o f
goods
the
for United
the
The resolution was then put and agreed to.
Mr. WIER, in proposing the next resolution, said
he believed that, under the
new tariff
Ssttaatteess,
waoucoldnspidaearaa•le quantity of
through Canada—an advantage
which the British merchant would not be slow to
railway perceive.
were
the
rraised
sed moneyhy requiredthe North
American
for the p proposed opro-
vincessed
could not obtain it under 6 or 61 per
cent. they
With a British guarantee, however, they
could obtain it at 31 per cent. The North Ame-
rican colonies would never have a better oppor-
tunity of obtaining this railway than that now
held out to them, and he trusted they would
avail themselves of it. He regretted to hear it said
that England would not defend Canada if the latter
were attacked, because that was an encouragement
to certain parties in the United States to endeavour
to annex Canada. (Hear.) He moved—
" That the gentlemen now present have pleasure
in recording their appreciation of the valuable ser-
vices which have been already rendered to their
interests by this Association, and they ple ige them-
selves to promote in their several provinces the
objects contemplated by its operations."
Mr. BOYD, in seconding the resolution, said that
the citizens of St. John's had expended £2,000 in
providing barracks for the 6,000 British troops
which arrived there in the winter, and in giving
them a series of receptions and military entertain-
ments which were unparalleled in the history of
the British army. (Hear, hear.) The Legislature
of New Brunswick had passed a Militia Bill, but
had still more amply provided by a Volunteer force
for the defence of the colony.
The resolution was carried.
Mr. G. F. YOUNG said that the individual senti-
ments of the speakers had been expressed in regard
to the feeling between the mother country and the
colonies, but that a collective expression of opinion
on the part of the meeting seemed desirable. He
therefore moved—

" That this meeting is firmly convinced that the
almost universal desire of the British public is
to strengthen the bonds which unite the
British empire with its North American
colonies : and that, relying with confidence on
the reciprocal disposition of the inhabitants of
of these colonies to cultivate the most friendly re-
lations with the mother country, it is of opinion
that, while it is equally the duty and the interests
of the colonies to devote their utmost energies to
the maintenance of their independence from all
foreign interference, it is equally incumbent on
Great Britain to render every reasonable assistance
in furtherance of their patriotic efforts."
Mr. H. SEYMOUR, M.P., seconded the resolution,
which was carried unanimously after a few words
from Mr. J. CHAPMAN.
The proceedings terminated with the usual vote
of thanks to the chair, which was proposed by Mr.
SCHOLEFIELD, M.P., seconded by Mr. E. WATKIN,
and carried by acclamation.

RAILWAY INTELLIGENCE.

LONDON AND NORTH-WESTERN.

The'report of the directors, to be submitted to
the half-yearly meeting, on the 22d inst., states that
the continued depression of trade in the manufac-
turing districts of Lancashire and Staffordshire,
consequent upon the civil war in America, has af-
fected, in a marked degree, the traffic of this com-
pany in those districts. In addition, also, to the
direct loss, arising from diminished importation of
cotton and export of manufactured articles, the re-
ceipts have suffered from the reduction of expendi-
ture generally on the part of the people which ine-
vitably accompanies continued restriction of trade.
The receipts from the merchandise traffic of Man-
chester alone with Liverpool and London, are
£16,000 less than during the corresponding period
of 1861. In the districts not so immediately de-
pendent upon the state of trade with America, the
traffic continues to show satisfactory results. The
directors have used their best efforts to conduct the
traffic under its varying conditions, in the most
economical manner. Considerable saving has been
effected under various heads of working expenses,
and the train mileage run during the half-year,
compared with the corresponding period of last
year, has been reduced 560,371 miles. The direc-
tors hope to obtain increased despatch in the collec-
tion and forwarding of parcels and goods traffic,
through the means of the Pneumatic Despatch
Company, which proposes to lay tubes from the
Camden and Euston Stations to several points in
London. The number of passengers, and tons of
goods carried, and of train miles run, during the
half-year, and the increase or decrease as compared
with the corresponding period of 1861, is as fol-
lows :—Passengers, 6,636,525, increase 24,677 ;
goods and minerals, 3,984,240 tons, decrease 250,757
tons ; mileage of passenger trains, 3,798,183 miles,
decrease 137,014 miles; mileage of goods and mi-
neral trains, 3,506,872 miles, decrease 423,357 miles.
The Sutton Coldfield Branch, five miles, was opened
for public traffic on the 2d of June. The line
from Bedford to Cambridge, 30 miles, was
opened for passenger traffic on the 7th of July,
and for merchandise traffic on the Ist of August.
The line from Denbigh to Ruthin, 61 miles, was
opened for public traffic on the Ist March, 1862.
The West London Railway, hitherto used only for
mineral traffic, has been completed as a double line,
and was opened on the 2d June for passenger traffic
from Willesden to the new station at Kensington,
where extensive accommodation has been provided.
It has already been used with advantage by large
numbers visiting the International Exhibition ; and
your directors anticipate that, when the through
communication is opened by the West London Ex-
tension over the Thames, the Kensington station
will become one of great importance. The directors
request votes of the proprietors for the following
new works :—lmprovement at Victoria Station,
Manchester,£lo,ooo ; engine watering apparatus at
Roade, £2,750; telegraph—Bedford and Bletchley,
and Prewe and Wolverton, £1,600 ; additional ac-
commodation at Coalport, Camden, Crewe, Huyton,
Stockport, Wigan, and Tamwortb, £3,045; addi-
tional lands at Crewe, Alderley, and Stockport,
£5,145. Chester and Holyhead Line :—lmprove-
ment of North Wall Station, Dublin, £5,000; ad-
ditional goods berths at Holyhead, &c., £3,760.
Lancaster and Carlisle Line :—Sidings at Preston
Cattle Market, £1,000; total, £32,150 Os. 3d. A
statement of the half-year's accounts shows that the
net proceeds (including the balance carried from
last account) amount to £485,067 12s. 4d. as against
ty4:98:1:05a01f
t93er:::1.?;.254.d. 2d,
as. ; a g
aidividendns t
x4797674mlm4se.n4dded. recommended,
balance to be carried to next account, £4,058 12s.
a aa'aust £11,898 17s. 10d. The directors recom-
mend
of
carrying fo,ment of a dividend for the past half-
rate of 3f,,1 per cent. per annum,
ward a balance of £4,058125.

a. The dire f
ors state ' EASTERN.
of this company, iikeitu ittallteir report that the traffic
- —ected ft, other companies, has
been considerably or
continued de-
pression in trade which )fasthe
prevailed in the

manufacturing districts generally, and especially
in Lancashire. Compared with the corresponding
period of last year, the decrease in the goods and
mineral departments amounts to £72,117. In the
passenger department the diminution is only
£3,158, which is less than might have been ex-
pected. The working expenses show a decrease
of £26,378, which has been principally in the loco-
motive and engineering departments, and is owing
to the reduced train mileage run. The gross re-
ceipts for the half year ending June 30 amounted
to £915,276, and for the corresponding half of 1861
to £990,372, showing a decrease of £75,096 ; the
&e., amounted for the past half
against £438,315, showing a de-
wycreoeararksein to
of £26,378. eexpenses,:9n
38e7,s
The net receipts, including the
Malton lines, amounted to £503,339 for the past
half year, and to £552,057 for the corresponding
period, showing a decrease of £48,718. The balance
available for dividend on the Berwick section is
£157,386, and on the Thirsk and Malton account,
£1,670; on the York section, £49,888, and on the
Leeds section £13,181. The directors recommend
that out of these sums a dividend on the Berwick
ordinary stock be declared at the rate of 4/ per
cent. per annum, leaving £2,702, on the Thirsk and
Malton stock at the rate of 4 per cent. per annum,
leaving £670 ; on the York ordinary stock at the
rate of 3 per cent. per annum, leaving £1,603; and
on the Leeds ordinary stock at the rate of £1 17s. 6d.
per cent. per annum, leaving £ll4 for the next
account. The directors congratulate the proprie-
tors on the passing of the act for amalgamating the
Newcastle and Carlisle Company with this com-
pany. The separate account of the Carlisle Com-
pany shows a disposable balance of £38,800, out
of which the directors recommend a dividend at the
rate of 6 per cent. per annum, leaving, after other
deductions, a balance of £2,650. The act for amal-
gamating the Hull and Holderness Company with
this company has also received the royal assent, and
the Holderness shares are to be converted into
North-Eastern 4 per cent. stock. The directors re-
commend the proprietors to create £1,000,000 of
stock for new works by the issue of 42 per cent.
preference shares, redeemable any time after the
expiration of five years from the date of issue, on
six months' notice being given to the holders.

aged man, having the appearance of a fisherman,
quickly made his appearance in the witness-box,
amid a roar of laughter from the persons in the

court.
Mr. Hawkins then put in a certificate, from which
it appeared that Mary Ann Procter, spinster, was
married to Richard Rolling at the parish church of
St. Margaret, King's Lynn, Norfolk, on the 17th
December, 1835.
Mr. Hawkins then addressed the witness—l be-
lieve your name is Richard Rolling,. and that you
were married in the year 1835 at King's Lynn to a
person named Mary Ann Procter ?
Witness—N es.
Mr. Hawkins—ln a blue eoat ? (Laughter.)
Witness--Yes.
Mr, Hawkins said this was all he proposed to
prove with regard to the first marriage.
Mr. Denman submitted that it was not sufficient,
and that the identity of the parties was not esta-
blished. It was a most shabby defence, and he felt
it his duty to defeat it if it was possible.
Baron Bramwell said he agreed with the learned
counsel that the defence was a shabby one, but at
the same time he thought there could not be any
doubt that the plaintiff was married in 1835 to the
man who had that day made his appearance.
Rolling was then cross examined by Mr. Denman.
He said that the person to whom he was married did
not go away from him on the day of the ceremony,
but lived with him four or five days. He also said
that Rolling and Procter were both common names
at King's Lynn, and there were a good many of
them still living there. His wife went away from
him shortly after the marriage, and he never made
any inquiry atter her, or endeavoured to ascertain
what had become of her. (A laugh.)
Baron Bramwell—Well, you have seen the per-
son who has been examined to-day. Is she your
wife, to whom you were married in 1835 ?
Witness—l caught a glimpse of her, and lam
pretty sure she is my wife. (Laughter.)
Mr. Denman—Will you swear positively that
she is the woman to whom you were married ?
Witness—No, I will not ; but I believe she is
(Renewed laughter.)
Mr. Denman then addressed the jury for the plain-
tiff, and said that, notwithstanding the evidence.%
he should ask them to say that the marriage of
1835 had not been proved, or that, at all events, it
was not established beyond the possibility of doubt
that the man Rolling and the plaintiff were the
persons who were so married. It was proved that
there was a number of persons of the same name at
King's Lynn, and with regard to one portion of
the evidence given by Rolling, that the person to
whom he was married lived with him several days
after the marriage, whereas the plaintiff swore that
she left her husband the same night, it was an im-
portant contradiction ; and he submitted that,
under all the circumstances, the jury would be
justified in coming to the conclusion that it had not
been established that the plaintiff was married to
Rolling in the year 1835. He then observed that
this men was sprung upon them at the last moment,
and they had not had the least opportunity of
making any inquiries about him, and he urged that
a person who could put forward such a shabby de.
fence as this was very likely to produce the certifi-
cate of marriage of other persons in order to sup-
port it.
Mr. Baron Bramwell, in summing up, said that
Mr. Denman had done quite right in pressing his
view of the case upon the jury ; but after all the
only question for them to consider was whether
the plaintiff was married in the year 1835 to the
man who had that day come forward and claimed
her for his wife. The defence was undoubtedly a
shabby one, but, shabby as it was, that was no
ground, and it would be a very lamentable thing if
it were allowed to be so, to justify them in return-
ing a verdict contrary to the evidence and to the
dictates of their own conscience.
The Jury, after deliberating a short time, said
they were of opinion that the marriage had been
proved, and they then returned a verdict for the
defendant upon the plea of overture.
VERNON V. RHYS.
Sergeant Ballantine and Mr. Laxton were for the
plaintiff; and Mr. G. Francis and Mr. Hugh
Williams for the defendant.
The plaintiff in this action sought to recover from
the defendant, Captain Horton Rhys, the manager
or lessee of Sadler's Wells Theatre, damages for the
breach of an engagement that he had entered into
with him for his professional services at that theatre
during the present season. It appeared that in the
month of April the plaintiff had an interview with
Miss Catherine Lucette, the directress of the
theatre, at the office of kr. Dudley, who acted as
the agent of Captain Rhys, in Agar-street, and that
an engagement was entered into with him for six
months as " first walking gentleman," and he was
to receive a salary of 12 per week, the agreement
stating that the engagement was to be subject to
the rules and regulations of the theatre. The plain-
tiff, it appeared, was never called upon to perform,
but at the end of a fortnight he received a fort-
night's notice that his services would not be required
at the expiration of that period, and the present
action was brought to recover the residue of the
engagement.
For the defendant it was contended that accord-
ing to "the rules and regulations of the theatre, it
was customary, although an engagement might be
made for the period of six months, still it was usual
to terminate it by giving a fortnight's notice, but
there was no evidence that any such rule had ever
been brought to the notice of the plaintiff, or, in-
deed, that such a rule was in existence at the time
the engagement was entered into with defendant.
The jury found a verdict for the plaintiff—da•
wages £4B.

LOCKSLEY V. RHYS.

This was another action of a similar character
against the same defendant, who not only pleaded
as in the first case be was justified in discharging
the plaintiff according to the rules and regulations
of the theatre, but that he was also justified on the
ground that the plaintiff was incompetent to per-
form the duties for which he was engaged.
The same learned counsel were engaged in this
case as in the former one.
The plaintiff in this action was Mr. A. Locksley,
and it appeared that he was engaged as first tenor
singer, but after he had been so employed for three
or four weeks he received a fortnight's notice that
his services would be no longer required.
The plaintiff deposed that he had been engaged
as first tenor singer at Drury Lane Theatre, and
also in the provinces, and in April last he saw Miss
Lucette, the directress of Sadler's Wells Theatre,
and Mr. Dudley, and he entered into an engage-
ment as first tenor singer at Sadler's Wells Theatre,
for the period of Eix months, at a salary of four
guineas per week, and it was also understood that
he was to be " starred," and his dresses were to
be found him. The Theatre opened on the 21st
of April, and he played the part of Pierre
Chase in an operetta written by the defendant,
called " All's Fair in Love and War." The theatre
was very cold and full of draughts, in fact he said
he believed it was called in the profession the Char-
nel-house—(a laugh)—and he caught a severe cold
which affected his throat, and with the consent of
the defendant he rested himself for a few nights,
and the defendant played his part. He afterwards
played again, but on the 17th of May he received a
notice from Mr. Bender, the prompter, informing
him that at the expiration of a fortnight his engage-
ment would terminate. No complaint was ever made
of his singing by the defendant, and he never heard
of any rule by which the engagement was to be ter-
minated at a fortnight's notice. He saw the defen-
dant at the theatre after he had received the notice,
and asked him what it meant ; and he replied that
it meant there was nothing for him to- do; and he
said he did not understand it, and inquired of him
whether his salary was to go on ; and he replied,
" Certainly not."
Cross-examined—Witness believed that his sing-
ing gave satisfaction to the audience, and he was
not hissed on any occasion.
Mr. Francis, in his address to the jury for the
defendant, said that he regretted to be compelled to
a plea that the plaintiff was
put upon the record
duties of first tenor, but
in-
competent to perform. the d • -
when they
he had no alternative but to do so, and
had heard the evidence he should lay before them he
believed they would come to the same conclusion,
and that upon this ground the defendant was en-
titled to a verdict.
Mr. C. H. Rhys, the defendant, was then exa-
mined. He said that after the plaintiff had been
engaged he very soon discovered that he was not
competent to sing as first tenor, and after the first or
second night the audience expressed their disap-
probation by " goosing" him. (A laugh.) After
he had sung a few nights he became unable to con-
tinue to sing at all, owing to a cold, or some other
cause, and witness was consequently obliged to play
his part. He considered that he was quite incom-
petent to fill the position of first tenor.
Cross-examined—Witness knew nothing about
the plaintiff until after he had been engaged, but
he had of course heard of him as a singer, but he
could not say whether he had heard of him as a very
good singer or a very bad one. (A laugh.) He
heard that he had been ongaged as first tenor at
Drury-lane, and as first tenors were scarce he en-
gaged him. The audience were rather pleased when
witness took the plaintiff's pr, and he was quite
sure that he was not o goosed. (A laugh.) Witness
consulted his musical director (Mr. Tully) respect-
ing the plaintiff, and he told him that although he
could sing very well in the day time, he could not
sing at all at night. Miss Lucette used to sing with
the plaintiff, and he believed that she was a first-
rate judge of music. He was not aware of any
reason why she was not here on the present occa-
sion to give evidence, but he supposed she did not
choose to come. She was of course a very eompe-