The Sun.
London, England, 1865-10-30 00:00:00

Singular Action for Trespass.

A singular action for trespass and consequential
injury was brought before a jury in the Manchester
County Court on Friday. The plaintiff was Thomas
Read, a butcher and farmer in West Gorton.
Near to his house he had a farm, which he left in care
of his father-in-law, and on this farm there stood a
slaughter-house. It was the practice of the plaintiff
to allow several butchers to use his slaughter-house,
and he received in return certain parts of the beasts
slaughtered. The defendants were two cattle dealers
named James Saxton and Abraham Shaw. It
was stated, on behalf of the plaintiff, that on the
25th March, Shaw's brother left a cow at the
slaughter-house. On the 27th, between six and seven
o'clock in the morning, he and one of Saxton's ser-
vants came to the slaughter-house and killed the
cow. A short timeafterwards the carcase of another
cow was brought to de slaughter-house, and left
there. A young man in charge of the place ob-
jected to this, on the ground that the carcase was
diseased, but the men persisted in leaving it. Mr.
Taylor, the meat inspector, visited the place, and
subsequently the plaintiff was fined £2O for having
the meat in his possession. It was alleged that
after the issue of the summons Saxton promised to
pay whatever penalty might be levied. Mr. Cot-
tingham having stated these facts, the judge (Mr.
Ovens) said that the action could be main-
tained. If the meat was left on the plaintiff's
premises by trespass, the damage to him
was simply the trouble of removing it. If he was
convicted of having the meat with the intention of
selling it, the person leaving it was not liable in an
action for the recovery of the penalty which had
been paid, because the conviction was not the
natural consequences of the leaving. He asked
whether the parties would consent to nominal
damages. Mr. R. B. B. Cobbett, for the defen-
dants, said the plaintiff was convicted of having
bad meat on his premises with intent, and if such
existed there could have been no trespass.
The Judge asked Mr. Cottingham if he held
that the conviction was right. Mr. Cotting-
ham—The only evidence on which it could have
been made was that the meat was on the plaintiff's
premises. The Judge said the conviction was not
for simply having the meat in his place, but for its
being in his custody, and did not that, he asked,
mean with his knowledge. If knowledge and con-
sent were necessary to a proper conviction, and
these were wanting, the plaintiff was wrongly con-
victed. If he was rightly convicted, it was to be
implied that he had the meat knowingly in his
custody. Mr. Cottingham_ said the only evidence
against the plaintiff would be that the meat was
found on his premises. The Judge said the conten-
tion against the plaintiff was, that he had been
convicted of custody -with knowledge, and in
the face of this conviction he was not an innocent
party, and could not bring this action. Mr.
Cottingham said the evidence to satisfy the
magistrates would be that the meat was found
on the plaintiff's premises. The Judge said that
would not satisfy them, and it ought not to do so.
Tke question was not one of evidence at all, but
whether, on the construction of the statute, having
in possession meant knowingly and with assent. He
thought that was the construction of the statute,
and that the magistrates would have no right to
convict unless evidence of knowledge and assent
were given. He must assume that the conviction
was a proper one. Mr. Cottingham said that,
granting the magistrates had satisfactory evidence,
it would be a question fir the court what that evi-
dence was. The Judge said that if the plaintiff
was convicted of simply having the meat on his
premises, and he could show that the defendants,
knowing that it was bad, deposited it there without
his assent, there would be a case. Mr. Cotting-
ham : That is the case which I have proved. The
Judge : No, the conviction was not for merely
having the meat on the premises. Mr. Cottingham
said the evidence laid before the magistrates might
be supposed to be that of the mere finding, and
would draw the inference that the plaintiff had
a guilty knowledge. The Judge asked whether
the natural result of the defendant's leaving
the diseased carcase was that the plaintiff
would assent thereto, and thus become convicted.
Mr. Cottingham : No, the natural result is the con-
viction, because the defendants by their wrongful
act furnish evidence against him. The Judge said
he thought there was no case to go to the jury, and
he nonsuited the plaintiff.

DISPERSION OF TllE__,-11?...,11Y OF TILE UNITED

6'lll7'ES.

(From tho New York, .f.triny and Navy Journal.)

The extraordinary spectacle of our great army of citizen
soldiers, thirteen hundred thousand strong, quietly separat-
ing into the myriad paths of peaceful life—fairly evapo-
rating under the eappearing ram of peace—has often been
the subject of deserved comment on both sides of the
Atlantic. It was the story of Cinciunatus repeated in a
multiplying mirror of a million faces. And the fact will
not lose interest by the lapse of time, as that elder history
has never yet been diminished in glory. One great move-
ment of world-wide interest, however, may seem to check
our admiration of the speedy and orderly dissolution of
the Union armies. It is alleged that the Fenian move-
ment is partly owing to the surplus belligerency of, the
American soldiers, Federal or Confederate. And the
opinion is hazarded not only in America and in England,
but oven in France: in which latter country, however, it
may be only a reflex from across the Channel.
For example, the Paris Debats is disposed to consider
Fenianism as one of those attempts at free soldiering which
was likely to follow as an almost fatal consequence the
sudden disbanding of the Federal armies ; and the same
paper avers that it is " only a question of finding out in
what part of the world the storm will burst. If not in
Mexico, it will be in Ireland." The idea has the merit of
being philosophical ; but wo cannot regard it as accurate.
In the first place, the "major" of the logic is untrue. The
Debate declares that, " wherever powerful armies are
hastily disbanded after having been hastily formed, they
rarely fail to leave behind them certain elements in disso-
lution, which foment and deposit in the atmosphere the
germ* of fresh storms. It is, then, only a question of find-
ing out in what part of the world the storm will burst."
This conclusion, of course, being dependent on facts of
human action, must rest upon historic examples
by support. There are not a few apparently cor-
roborative instances to be cited. Of these the most
important, and, probably, that which, from being
one of propinquity, and, so to speak, of experience, most
influenced the opinion of the Delfrats—is the French Revo-
lution, which was co largely brought on by the return to
Europe of those gallant Frenchmen who, headed by La-
fayette, had thrown their swords into the trembling scale
of American independence. Nevertheless, the generalisa-
tion is too hasty. Even the example just cited was one in
which a successful revolution ripened another which was
already growing. It needs no Carlyle to tell us that
France could not have avoided an uprising of its people.
Our own revolution did not produce, but only precipitated
the other. On the other hand, regard the contrary ex-
Lo amples. In the second chapter of his History of England,
rd Macaulay thus describes the disbanding of Cromwell's
army of citizen soldiers :—" Fifty thousand men, accus-
tomed to the profession of arms, were at once thrown on
the world ; and experience seemed to warrant the belief
that this change would produce much misery and crime.
But no such result followed. In a few months there re-
mained not a trace indicating that the most formidable
army in the world had just bean absorbed into the mass of
the community." And why did this unexpected sobriety
and peace at the discharge of the army occur ? From the
very composition of that army, which, according to the
same writer, consisted of men who, " sober, moral, dili-
gent, and accustomed to rAlect, had been induced to take
up arms, not by the pressure of want, not by the love of
novelty and license, not by the arts of recruiting officers,
not by religious and political zeal, mingled with the desire
of distinction and promotion." Now, if human nature re-
mains the same, what lesson comes from this historic fact
narrated by Macaulay? Could any one be cited in which
the character of the army in general and the motives that
stimulated them more closely resemble those of our an
cestors of two hundred years ago ? With so close a pa-
rallel, we need hardly go farther for example out of history.
In a former special article, published many months since,
we discussed, with greater detail, the same historic in-
stances. A century later ao army and navy, just twice as
large as Cromwell's was, discharged in England, and the same
fear was expressed, and again it proved groundless. The
Commercial Advertiser of New York some time since hap-
pily cited Adam Smith's commentary on this latter event,
as a guide to our own future. That political economist
said the discharged men "were absorbed in the great mass
of the people, and employed in a great variety of occupa-
tions. No sensible disorders arose from so great a change
in the situation of more than a hundred thousand men, ac-
customed to the use of anns, and many of them to rapine
and plunder. The number of vagrants was scarce any-
where sensibly increased by it, and even the wages of
labourers were not reduced by it in any occupation."
As a matter of fact also the whole temper of the dis-
banding army has boon peaceful. None of the riots oc-
curred which might have been expected. Mexico lay a
tempting prize for adventurers, a rich field for glory and
for spoils. Our army marched ono hundred thousand
strong to the very brink of the Rubicon, there paused, and
the major part of it was faced about and marched quietly
homeward. No, we need have little fear that the military
spirit which was aroused in this country by the war is
hostile either to republicanism or to tranquillity. The
motive which called the volunteer army together, and the
character of those who constituted that army, will suffi-
ciently account for its quiet dispersion.

" There's a difference in time, you know, between
this country and Europe," said a gentleman in New York
to a newly arrived Irishman. "For instance, your friends
at Cork are in bed and fast asleep by this time, while we
here are enjoying ourselves in the earlyevening." " That's
always the way," exclaimed Pat, "Ireland niver got jus-
tice yit."

Fashions for , November.

(From Le Follet.)

It, is now time to begin to speak definitely of winter fa-
shions, and coming first under our notice are the materials
most in vogue ; poult do sole embroidered certainly is one.
They are no longer the same patterns as last winter, but
are now embroidered in black and white, imitating lace,
forming a sort of waved band crossing over stars, wreaths
or bouquets of flowers of all kinds. The pattern may be
seen on blue, light brown, or violet, also upon black; but
then all the embroidery is white. These dresses need no
trimming.

Although many ladies have adopted the fashion of plain
skirts, it must not be supposed that trimmed skirts are not
well worn. Indeed we have only to call attention to the
variety of very elegant passementerie, to convince them
this is by no means the case. The novelty of the moment
consists in placing, above the men, a wide band of passe;
menterie, forming also a pattern up each breadth. We
have seen this in black and gold, upon a violet satin, and
black and silver übon blue moire.

We must still record that gold and silver are greatly in
favour. Other passementerie trimmings are made in a series
of rings or palm leaves interlaced, and put on in distinct
ornaments upon each breadth.
As to the plain skirts, they are generally scalloped round
the bottom, and edged with thin cord, in which is twisted
a thread of gold or silver. Linsey and knickerbocker are
worn as early morning dress, and these heavy materials
aro made with a vest and waistcoat, or chemise russe of
embroidered cachemire—the tight high body is not ad-
missible ; at least, only with basques, and opened in front
over a waistcoat, perhaps of embroidered percale or plaited
muslin.

We have already mentioned double skirts as fashionable,
but we must repeat the information, as every day brings
fresh proof of its truth ; and when the sleeves and under-
skirt are different to the upper skirt and low body, it pro-
duces a very stylish effect. What can be prettier than a
dress of white silk, with an upper skirt and small bodice
of blue, green, or cerise ? By many ladies the Princesse
or C..Tabrielle make are preferred, as the dress, being cut in
one piece, is considered to give a more graceful flow to the
train, which is worn as long or longer than ever.
We have been asked whether there is anything fresh in
the make of sleeves. It seems there is no change what-
ever ; still the sleeve a coude—or small coat-sleeve—and
certainly for the cold weather they are very suitable.
However, the small fancy vestes of different shapes are
likely to be much in favour. There will then be plenty of
opportunity for making use of the very elegant lingerie
which is now seen.

We must not omit to mention that Cluny lace is much
used for trimmings. The fashion of wearing a band out-
side tight-fitting casaques continues to be adopted ; but
they should never be worn with any but those of cloth,
cachemire, or plush. Several ceintures suitable for this are
made of Russian leather, with jet, pearl, or steel clous and
buckles. We give our list of dresses
A dress of blue taffetas, with silver threads and large
white spots. Round the bottom of the skirt is placed a band
of black taffetas, edged on each side with a narrow blue
and silver cord. The band is carried up the back of the
dress in two rows to the ceinture, which is made of the same
material as the dress. On the shoulders and the bottom of
the sleeves are ornaments of passementerie and taffetas.
A bright green moire robe. The skirt plain ; the body
made with basques, cut in tabs, trimmed round with a white
silk fringe with a heading of point do Venise galon. The
front of the body is fastened by pearl buttons set in gold.
A grey foulard dress, with double skirt, the under one
having round it three wide insertions of guipure, put on in
festoons, or rather waved. Small corslet of the same ma-
terial as the dress, trimmed round with narrower insertion.
A bow is placed at the point behind, which hang ends, also
trimmed to match. With this a white muslin, or muslin
and lace, under-body is worn.

A robe of green poult de soie, the trimming composed of
a narrow green and black ball fringe, with a heading of
beaded passementerie. Five rows of this aro placed in
festoons, crossing one another round the bottom of the
skirt, and a row up each seam. The body, which is a veste
de chasse open, with revers in front, and with a long
basque behind, is trimmed to match, and over it is worn a
ceinture with a large buckle.
A robe of cerise taffeta; the skirt cut on the bias, and
without any plait at the waist, with a trimming of white
silk Chantilly. A wreath of eglantine roses round the skirt
a short distance up. The corsage of this dress is made low,
with a wreath to match round the top, lessening in width
at the shoulders and in the front. Ceinture fastened at the
side, with an eglantine rose, with foliage hanging down
over the loft side of the skirt.

An evening toilette of pink tulle, spotted with white and
gold chenille. The bottom of the skirt is bouillonne, headed
by a wreath of autumn leaves, veined with silver. Tho body
is bouillons in front, and a wreath like that on the skirt, but
of smaller dimensions, forms three points. The sleeves are
short, and have branches of foliage hanging from the
shoulders.

A white muslin dress, suitable for a young lady, having
the front of the skirt made en tablier, with rows of straw-
coloured ribbon and Valenciennes lace. The bottom is
trimmed round with a pliss6 of muslin, upon which is placed
a straw-coloured ribbon ; then a wide bouillonn6; with a
heading of Valenciennes, and the tabier is trimmed all
round with the same edging. A low gathered body, with
a band round the top, upon which aro placed three rows of
very narrow ribbon, edged on each side with Valenciennes.
Short sleeves, formed of a single bouillonne, with a band
similar to that finishing off the top of the body. Ceintute
fastened in front by a rosette.
A robe de chambre hla Muscovite. It is cut on the bias
in one single piece. The material employed is cashmere,
blue, violet, a mixture of gold and black, &c., and is
trimmed round with black and white terry velvet, imitat-
ing Astrakan. These bands of velvet form revers, collets,
and are placed round the arm-hole, also down each side of
the front of the skirt, which is open and cut in festoons.
Buttons of stars of pearl and cable passementerie form the
fastenings of this comfortable and distingu6o robe de
chambre. It is lined through with taffetas of a shade
suiting the cashmere.
The chapeau Empire has triumphed over the chapeau
fanchon ; and, although by no means so graceful- as the
latter, may be said to reign at the present moment. The
principal trimmings are feathers and lace, but gold is still
worn ; thus a very pretty and simple bonnet was made of
tulle bouillonne, trimmed with a scarf of the same, spotted
with gold, fastened at the side in two small bows in the
centre of which was placed a small bird. The long ends of
the scarf left floating. The inside of this bonnet was
trimmed with black velvet aad gold.
Another at the same house was blue crape, trimmed with
patter of blue velvet forming stars, and covered with white
blonde. On the crown was a small bird of golden hue.
And a third of black velvet, spotted withgold, and trimmed
with gold butterflies.

Another very elegant bonnet was of green tulle, with an
Empire curtain, trimmed with mddaillous of guipure. At
the side a rosette of white feathers, surrounded with a
quilling of velvet edged with guipure : a bandeau of green
velvet and bouquet of jasmine.
A black velvet bonnet had a small 'curtain embroidered
in a gold grecque. At the side coquilles of black lace, and
a bouquet of peacock's feathers. The inside trimmed with
a bandeau of velvet embroidered like the curtain, and small
bouquet to match that on the outside.

A black satin bonnet was almost entirely covered with
a scarf of tulle bouillon 6, worked with chenille, fastened to
the bonnet by small brooches of cameos and chains of jet,
with a bouquet of velVet nasturtiums at the side. The
same trimming is reproduced inside the bonnet.