The Sun.
London, England, 1862-01-22 00:00:00

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11941 I

THE WINDBAM CASE.

2vIARLBOROUGH-STREET.

THE SUN, Lt -A-1.,t; WEDNESDAY EVENING, JANUARY 22, HO2

Tho Master (S. Warren, Esq., Q.C.), this morning, on
taking his seat, said he trusted that during the time the
jury and hiiaself would be occupied in arriving at a decision
in a case of such momentous importance, no attempt would
b© made to impede or interrupt them. It was a most diffi-
cult task they had to perform, and it would require all their
care and attention.

Mr. Kerslake, in resuming his remarks on the summing-
up of the evidence adduced in favour of Mr. Windham,
commented strongly on that given by the Llewellins, and
contrasted it with that of the Dignums, who, he said,
was the most reliable. He thought that the great
object of the petitioners had been to damage the value of
the testimony of the Dignoms, because they had refused to
take side wi►h General Windham. He next referred to
what took place on the occasion of young Mr.
Windham being in consultation with his uncle and
a number of lawyers, in the month of August, rela-
tive to the disposal, by exchange, of certain por-
tions of the estate. At that time it did not appear
to him that Mr. Windham was consid red a lunatic, and
neither, he supposed, was it so considered by the gen-
tlemen taking part in that consultation, yet it was strange
that it had been said by the other side that Windham had
been imbecile really all his life. With respect to the life
Mr. Windliam had been in the habit of leading, it might
be that it was one of vice and profligacy, but then it was
not because a man was vici ms and ill disposed that he was
to be considered a lunatic. Mr. Windham's marriage
might be considered unfortunate, and a thing to be
regretted, but he looked upon it as an act of infatuation,
and Mr. Windham was not the first person in the world
who had given way to such a thing. Persons very much
superior to his station in society had been guilty of acts of
a similar nature, and therefore he must not be taken as one
who had committed an act without parallel.
(The learned gentleman was addressing the Court when
we went to press.)

LAW INTELLIGENCE.—(21d8 Day.)

COURT OF PROBATE AND DIVORCE.

'Before Justices Wightman and Williams, and the Judge
Ordinary,)
SHEDDON AND SHEDDON V. PATRICK.

This morning Mika Sheddon made an application to the
full Court to reconsider the whole of the evidence and the
decision that had been already given in this case, which
was adverse to her father, William Patrick Sheddon, who
claimed to be the son of William Sheddon, of New York,
who died in the year 1798. The whole question resolved
itself on the fact as to the legality of the marriage of the
grandfather and grandmother, according to the laws of Ame-
rica. The case was fully heard, and occupied a fortnight before
the full court, when the judgment given was agairst the
petitioners, on the ground that the letter of Nov. 12, 1798,
was not a genuine document. Tho petitioners had since
presented a petition for a rehearing, on the ground that fresh
evidence had been received from America, and Miss Sheddon
said she was now in a position to show the court good grounds
for the granting her a rehearing of the case. The lady
then proceeded to go through the whole of the voluminous
evidence adduced when the case was first before the Court,
and said she trusted that her application would be granted
as an act of compassion, of humanity, and of justice.
Miss Sheddon was proceeding with her arguments at the
time we went to press.

S HERRIFS' COURT.
TRADE PROTECTION SOCIETIES AND THE PUBLIC.-
IMPORTANT DECISION.-DOO Y. WOODS.

This was an action to recover £lO damages, alleged to
have been sustained through the improper collection of a
certain debt, plaintiff Writ a grocer of Cambridge, and
defendant proprietor of a trade protection society, known
as "Wood's Mercantile Informant and Trades' Guide."

The facts of the case appeared to bo these :—Plaintiff
was induced, by a person named Thomas, to become a sub-
scriber in defendant's society, which, as an equivalent, con-
tracted to "collect debts." A person in Ireland owed
plaintiff £lO 9s. 6d., and plaintiff put the debt into defen •
dant's hands. Defendant's agent in Ireland collected the
debt, and received 9s. 6d. in cash and a cheque uncrossed,
drawn upon the Downpatrick Bank, and payable to " Doo
or bearer," instead of "or order." Defendant's agent en-
closed in a letter the cheque and a post-office order for the
9s. 6d., but the letter was alleged to be stolen in transitu,
and some person had cashed the cheque. Under these cir-
cumstances plaintiff sought to recover damages for the loss
of the cheque.
Mr. Gibbons, for the plaintiff, urged that it was not pro-
per upon the part of the defendant's agent to receive such a
cheque as the one in question. It Was useless to plaintiff
in Cambridge, and it could not be said that defendant had
used due diligence in the collection of the debt.
Mr. Allan (instructed by Mr. Clarke, of Stanley-place,
Paddington-green), for the defendant, urged that defendant
could not be held liable; Here he collected a debt, and he
forwarded the debt (in the shape that he received it) by
post. Surely the Court would not say that of a postman
st 'le the cheque defendant was liable. There was the well
known case Warwick and Nokes in Roscoe's nisi prius
Peake's reports, in which Lord Kenyon had laid it down
that the agent was not liable for the loss of the cheque in
transitu.

The Court held that that case was decided upon the
ground that the agent transmitted the cheque in the niodo
usual with the parties. Here it could not be said that the
defendant had "collected a debt" by accepting a cheque so
loosely and improperly drawn that any person might receive
upon it. It was a hard case upon defendant, but plaintiff
must have a verdict with costs.

POLICE INTELLIGENCE.—(This Day.)

TIE "INQUIRY Donors."—Patrick M'Namara was
eharged before Mr. Tyrwhitt with being concerned with a
woman, not in custody, in stealing a purse containing some
silver from the pocket of Mrs. Harriett Rowbotham, of No.
8, Greek-street.
Mrs. Rowbotham said—On the evening of last Monday
week she was crossing Greek-street, and a man and woman
came up and asked the way to Euston-square station, and
then to Museum-street. She told them as well as she
could, and they appeared to doubt the way, and said they
had been directed the reverse way. The prisoner is the
man, and altogether she was at least from five to eight
minutes in conversation, and she could not get rid of them,
so offered to point the way to Oxford-street, going out of
the way to do so. She then felt a sudden jerk at her side
where the man was—the jerk being so sudden that it moved
her, and she felt the man's hand pass behind her towards
the female. As soon as she got to Soho-square she said
" Hero is a policeman, and ho will direct you rightly," and
ho did so. The man and woman then went on, and after-
wards she thought their conduct very strange, and on feel-
ing in her pocket missed her purse containing some silver.
She saw the prisoner again last night.
Mr. Lewis cross-examined the prosecutrix with the view
of showing that she was not certain as to the prisoner's
identity, but she said she was certain the prisoner was the
man.

LANDING OF 7HE TROOPS AT ST.
JOHN'S, NEW BRUNSWICK.

FREDERICTON, NEW BRUNSWICK, Jan. 5.

77.11 S DAY'S dfARKETS.

CORN EXCIIANGE.

Mrs. Rowbotham—The man was on my pocket side.
Mr. Lewis—Then he got on the right side of you.
(Laughter.)
Robert Hallen, 31 0, proved that on the night in ques-
tion the prosecutrix called to him to direct a man and
woman—the prisoner at the bar was the man. The man
asked the way to Museum-street, and he directed him.
About 10 minutes after she came back and told him that her
pocket had been picked, and she believed by the man and
woman.

Sergeant Joy, 9 C, apprehended the prisoner from a de-
scription he received from the prosecutrix. He was in
company with thieves at the time. He said he (Sergeant
Toy) was wrong, but would go to the station. The prisoner
was put with others, and she identified him, as also did
Hellen.

Mr. Lewis addressed the magistrate on prisoner's behalf.
Sergeant Joy said he wished for a remand, as there were
other cases, and prisoner had been convicted.
Mr. Tyrwhitt refused to deal with the case, and c mmit-
ted the prisoner for trial,

THE INEFFICIENT BLOCKADE OF THE
SOUTHERN PORTS.

The English funds, in the face of the increasing
ease in the discount-market from the influx of gold
to the Bank, continue with a heavy tendency. The
fact that, if France or any other Power should
demand the concurrence of England in disavowing
the inefficient blockade of the Southern ports by the
Federal fleet, it would be difficult to find a logical
plea for refusal, is apparently the main considera-
tion that'induces the public to look cautiously at
future contingencies. The evidence seems complete
that, if the present nominal blockade is to be re-
spected, the provision of the Treaty of Paris that a
blockade shall not be recognised unless it be real
must be looked upon as cancelled, and an impression
prevails that this result would be distasteful to all
statesmen who recognise the claims of commerce
and civilization. The meeting of the French Cham-
bers on the 27th inst., and of the English Parlia-
ment on the 6th of February, may be followed by
some important declarations on the subject. The
initiative is thought likely to be taken by France,
since the effects of the cotton dearth are more severe
upon that country than upon Great Britain, where
a great compensation is found in the impulse given
to India. At the same time, it is seen that this
country can have littlt inducement to forego joining
in an imperative enforcement of legal principles, as
the popular and almost universal cry in the Federal
States seems now to be that every advantage which
can be gained, whether from success at home or from
the forbearance of foreign nations, is to be hailed
as a means of hastening the time when the Trent
affair can be " avenged." Still, notwithstanding
this consideration, tho feeling here would be in
favour of leaving the Washington politicians to
work their own way through their anarchy and
bankruptcy undisturbed by foreign reclamations, if
it were possible to do so without a sacrifice of prin-
ciple.—Times' City Article.

Great credit is due to our newly-appointed Lieu-
tenant-Governor, the Hon. A. H. Gordon, for the
prompt steps taken by him for the reception at St.
John's of the troops destined for Canada. On hear-
ing of the probable arrival of the Australasian and
other transports, and there being no existing ac-
commodation for such a force as the vessels were

likely to contain, the Lieutenant-Governor at once
assumed a responsibility not strictly belonging to
him, being one of a purely military character, and,
in the absence of a qualified military officer, gave
immediate orders for the commencement of the
necessary works. The Volunteers were called on
for sentry and fatigue duty, and with a hearty
good will they responded to the call; nor were the
city and inhabitants of St. John behindhand in the
alacrity and liberality with which they performed
their part. Buildings were at once placed at the
disposal of the Government. It was late on Sunday
when the works were commenced, and by Tuesday
night, and before the troops arrived, quarters for
nearly 3,000 men were provided, completely and
comfortably arranged, each man having a separate
crib, with bedding, shelves and benches, arm-racks,
pegs, and everything in perfect order, ready for the
soldier and his kit. The exertions of the Lieute-
nant-Governor and the energy shown by him were,
it is stated, cordially acknowledged by Colonel
Kennedy, commanding the Military Train, on his
arrival at St. John's from Halifax, whither he had
been despatched by Major-General Commanding
the Forces to see to the due provision for the
expected troops. In fact, all worked with a will ;
and, while the forethought, energy, and good sense
of the Lieutenant-Governor are highly praised, the
earnest, loyal, and generous spirit that animated
every class, even to the workmen engaged, is a sub-
ject of honest pride to us all, and ought to serve as
one among the many hints now being given to our
neighbours of the thorough anti-Yankee feeling that
pervades the entire population of British North
America.

There was a very small supply of English wheat on sale
here to-day, and the trade ruled firm for all qualities, at
quite Monday's quotations. _ _ .

In foreignlN heat a fair business was transacted, and late
currencies wore well maintained. The supply on offer was
somewhat extensive.

Floating cargoes of grain changei hands to a moderate
extent, at full prices.
__

Barley moved off heavily, at Monday's decline in the
quotations of is per quarter.

Malt was in slow request, at late rates.
Good and fine oats were steady in value ; but low and
damp parcels were a dull inquiry, on former terms.
In beans and peas, a very moderate business was passing.
yet no change took place in the quotations.
The flour trade, though far from active, was firm, at ful
prices.

MR. MA SSEY, 711 E AMERICAN

WAR.

Mr. MAssEY, the member for Salford, addressed
a meeting of his constituents last night. The hon.
gentleman, after a glance at the past session, re-
ferred at considerable length to the Trent affair
and to the civil war in America. He wished he
could say that with the restoration of the men
seized, all cause of anxiety as to our relations with
America had ceased. But in Mr. Seward's despatch
there were propositions laid down in which it was
impossible for our Government to acquiesce ; and
it was necessary for us te contradict the law, and
to say that we would not be bound by it. We were
told " You are harsh in the construction of the
American case. This despatch was not written for
you ; it was addressed to the Americans." What
sort of an apology was that ? (Hear, hear.)
Could not the American people be told that they
must do that which was right and just ! If it was
to be done, must their Government veil it over
with some lawless and mean pretence ? He be-
lieved that no invective applied to the conduct
of the people of the United States during this
unhappy war was so eensorious,so condemnatory of
that people, as this apology by their friends. (Hear,
haar.) There was another cause of anxiety. The
Northern States had established a blockade of the
whole of the Southern coast ; but it had been so done
that, according to the law of nations, there had
never been an efficient blockade, and it had only been
recognised at all through the courtesy and forbear-
ale° of the maritime States. We had submitted to
be deprived of the staple material of our industry,
rather than construe too strictly the question of com-
pliance with the law of nations. Both ourselves and
the French had suffered,and he feared were destined
to suffer still more, from the blockade. He was re-
lating no State secrets, forhe knew none; and it was
notorious that the French Government had re-
peatedly and earnestly remonstrated with our Go-
vernment to join with them in putting an end to
that which was no blockade. (Applause.) Our
Government, desiring rather to err on the side of
what was strictly right and just, than to have any
imputation brought against them, had hitherto re-
sisted the importunities of France. But how mach
longer was that to last ? Was this inefficient and
paper blockade to be eternally respected ? (No,
no.) Were we to submit to be starved ? (No.)
Were we to expect our great neighbour, France, to
submit to be starved ? (No.) Were we, in this
year of 1862, for the sake of favouring a fero-
cious and frantic civil war, to allow the great
ports of commerce to be closed, all the operations
of trade to be suspended, credit to be deranged,
unoffending persons to be subjected to un-
paralleled privations, and many of our poorer
countrymen absolutely to be reduced to penury
and starvation ? (No, no " Three cheers for
Mr. Massey.") It would ill become him, who had
been connected, in however humble a capacity,
with the Government of the country, to counsel his
fellow countrymen to precipitate measures; and if
he saw any object or purpose useful to themselves,
or beneficial to mankind, which could be evolved
from this frightful internecine war, he should counsel
his countrymen to submit to their privations, and
to allow the war to take its course. (Applause, and
interruption, which lasted for a minute or two.)
An addition had lately been made to the blockade,
which materially altered the question ; for it had
been sought not only to blockade, but to de-
stroy the great outlets for commerce. There was
now some doubt whether Charleston harbour
had been really destroyed; but Commander
Davis, who had charge of and sunk " the
stone fleet" boasted that in a very short time
the port would be destroyed for ever. This was
not a blockade, but an attempt to make war upon
nature itself—to defeat those beneficent provisions
which nature had made for the safety of mankind.
If the statement of Commander Davis was true,
coupled with the other facts that the blockade was
inefficient, and was likely to last for an indefinite
period—then, speaking in the interests of peace,
and desiring the freedom of commerce, he declared
that for the sake of humanity—for the sake of the
interests of the civilised world—for the sake of the
people themselves who were involved in thin mad,
and hopeless, and aimless contest—that it was the
duty of the great maritime powers to consider whe-
ther the time had not come, by mediation and
by friendly interposition—(hisses and applause)—
to endeavour to put an end to this state of affairs.
(Cheers) That was his opinion, and that was the
policy ho meant to support in the House of Com-
mons. (Loud cheers.)

THE CLEARANCE OF THE PRISONS.

THE QUEEN'S PRISON.

IN RE MILLER-THE PRISONER FOR DEBT FOR

FIFTY YEARS.

At the visitation of this prison by Mr. Registrar
Hazlitt yesterday, Captain Hudson, the governor,
having reported that Mr. Wm. Miller, the aged
prisoner, who has been incarcerated for nearly half
a century for a debt which he maintains he never
contracted, was too ill to attend before the court,
the Registrar proceeded to bear the case.
Mr. Miller, on being asked to take the usual oath,
said— I object to be sworn, as my examination has
been taken before. I cannot agree to these proceed-
ings at all.
The Registrar—l warn you that your refusal will
be punished by a month's imprisonment in the com-
mon gaol. Most of the other prisoners who have
been before me here declined at first to be examined
but they all eventually submitted with the exec') •
lion of one, who will be, consequently, sent else-
where.
The prisoner, after some hesitation, then took the
oath, and said 1 was brought to this prison in July,
1854, with the intention of going before a judge, I
was not able to go, however, as I lost the affidavits
which had been prepared. I attribute my difficul-
ties to being unlawfully arrested by Joseph Cull, in
the year 1814 for a sum of £l,OOO, which I can prove
by documents in my possession never was due to
him. My property consists of a life interest in
houses situated near Christchurch, Hampshire, my
native place. I applied for my discharge before
Lord Chief Justice Wilde, and should have obtained
my liberty but that my documents were intercepted
through the misconduct of the sheriff. I have re-
ceived no rents since my imprisonment.
The Registrar—I presume you have no means of
paying the usual bankruptcy fees .
Mr. Miller—I will not be made a bankrupt.
The Registrar—Mr. Miller, I require your sig-
nature to this examination.
Mr. Miller—Sir, I do not wish to be disrespect-
ful, but I would rather be shot than sign it. I
owe no man a farthing, and I am determined not to
be made a bankrupt.
The Registrar—Your contumacy will cause your
being sent to the common gaol, but it will not pre-
vent your bankruptcy. There is a clause in the,
new act which says that where a prisoner is con-
tumacious, he shall be committed to gaol, and be
adjudicated a bankrupt.
Mr. Miller—l have read the act, but find that
the consent of the party is necessary before he can
be made a bankrupt. I will go before a judge and
get liberated in that way.
Captain Hudson—Mr. Miller, in refusing to sign
you are Only injuring yourself. You have often
expressed a wish to be released, and now the n2Foaunrs
are,offered you of getting out of prison.
11(
do-
bankruptcy is inevitable, and by signing on
cument you will avoid much trouble.
when you are
has been made for your maintenancem oney
A provision
has been
discharged, and I understand someone
of it will be
subscribed for your benefit ;
yb tot
hasnleave this place.
placed at your disposal until
rough a judge's order,
through
Mr. Miller—Before a fortnight elapsed I shall
have obtained a discharge
but I have resolved never to be a bankrupt.
The Registrar—You cannot avoid bankruptcy
contumacy__ will be dealt
now. You will be brought up before the Bank-
rwuipthtcyb
yC
tohuer to,wmhw ssioner.
er
ie sour. you sign you will
get your liberty forthwith, and you can then pro-
cureo better air, and many comforts from which you
are at present debarred.
Mr. who seemed greatly agitated, per-
. sisted in his refusal, and the Registrar withdrew.

ARRIVALS THIS WEEK.
Wheat. Barley. Malt. Oats. Flour.
Eng1i5h........ 310 i 50 1 350 I I 270 sacks,
Irish .. 1,580 )
F0reign........ 10,000. 1,200 i 4,350 i sks.
23,740 brls.

The following, from New York, contains a neces •
nary explanation respecting some recent arrivals of cotton
obtained after the capture of Fort Beaufort :—" You will
doubtless notice that the Vanderbilt has arrived from Beau-
fort with 3,697 bales of cotton. This would seem a large
quantity, but when I tell you that the bales are small-sized
gunny bags, or such as were intended to be used (filled
with sand) to build fortifications, not containing over 301 b.
or 401 b. of cotton each, and that unginnod' or seed cotton,
you will see that it amounts to little or nothing. That re-
ceived some: time since from the same quarter was of like
character."

D/PL 0 TIC DESPATCH OF THE
ITALIAN GOV.ERNMEN2'.

We have received a copy of a circular despatch,
addressed by Baron Ricasoli, under date of the 3d
iast., to the representatives of Italy at the various
foreign-courts. The despatch commences with a
reference to the discussions in the Chamber of
Deputies, and the important decisions as to the
finances of the country, at which, after the most
thorough investigation and searching criticism, the
legislative body has arrived. The vote of confidence
in the Ministry is alluded to, rather for its impor-
tance as again sanctioning the programme which is
conducting Italy towards entire unity, than for the
gratification it affords to individuals. The practical
prudence and firmness displayed by the Chamber is
referred to with natural pride, especially as shown
in the treatment of the difficult questions of name
and Venice. " Thspite," it is said, "the difficulties
which we have encountered, the Chatribr has again
declared that Rome is necessary to the unity and
tranquillity of Italy ; but at the same time it has
given its attention to the documents placed before it
by the King's Government, and has avowed that the
nation is sincerely devoted to religion, and ready to
grant with the greatest eagerness the surest
guarantees that Catholic consciences can desire
for the dignity
and independence of the Holy
Father. On the subject of Venice the Chamber
has expressed itself with equal firmness and
moderation. In recommending an armament to
the Ministry, it has not sought to provoke any
premature conflict, but only to show Europe
that Italy seeks to put its forces in just pro-
portion to the requirements of its position, and that
for the rest, it leaves to the wisdom of its Go-
vernment the choice of the occasions and means
which are deemed suitable to realise in an effec-
tive manner the recovery of that part of Italian
territory." The results obtained in so short a
space of time, and in the midst of all the diffi-
culties attached to a state of transformation, show,
it is contended, that Italian unity is now esta-
blished on the firmest basis ; and the altered
state of the southern provinces is cited, amongst
other proofs, as affording remarkable evidence.
The circular concludes as follows :

" The construction of railways and of a great number of
other public works is in active progress, and while giving
employment to thousands of hands greatly contributes to
advance the morality and well-being of the people, bringing
nearer the time when communications will be facilitated,
and more development be afforded to commerce and in-
dustry. A well-organised postal service by land and sea
secures the rapidity of correspondence throughout the
Peninsula. The mmy which, if our enemies were to bo
bolieved, it was impossible to assemble and keep united,
because of the different elements of which it is composed,
proves—by its affectionate unity, by its intelligence, by its
discipline—that the Italians of all the provinces are well
qualified for military life, Finally, the burdens upon our
finances are not yet beyond the resources of which this
nation can dispose, and Italy will soon show that she is rich
and patriotic enough to face all the wants of her national
resurrection. If then, an impartial eye is directed to our
position and attitude, it must necessarily be recognised that
Italy seriously desires its independence, and commands the
necessary means for attaining it. Such in reality is our
position : and this position I hope will preserve to us our
old friends, and acquire for us new ones."