The Sun.
London, England, 1865-12-12 00:00:00

FIIE SUN, LONDON, TUESDAY EVENING, DECEMBER 12, lEEE.

The Attack on Cape Haytien.

A writer in a contemporary says :—Not seeing
any account in the public prints of yester-
day of the destruction of the forts at Cape
Haytien on the 9th of November by her Majesty's
ships the Galatea and Lily, I write to mention
to you that yesterday's post brought me a letter
stating that after two days' fruitless negotiation
the Galatea and Lily, at nine a.m. on the
morning of the 9th, engaged the forts ; that the
firing continued all day, and that at 6 p.m. the last
fort was silenced. As each fort was silenced the Go-
vernment troops, under President Geffrard, charged
up and took possession of it. The rebels retreated
up into the mountains, closely followed by the Go-
vernment troops, and at night the town (which I
presame to be Acul) was set on fire in seven differ-
ent places. It had previously been besieged for
seven months by 45,000 government troops. The
Lily had several men hurt, but the Galatea had
none.

LAW INTELLIGENCE—This Day.

COURT OF EXCHEQUER.

(Before the Lord Chief Baron and a Special Jury.

DEFRIES V. THE SOUTH EASTERN RAILWAY.

This was an action brought by the plaintiff, Mr.
Moss Defries, a partner in the eminent firm of
Defries and Sons, gas engineers, Houndsditch, for
compensation for injuries sustained on the South
Eastern Railway on the occasion of the late terrible
accident at Staplehurst, when he was a passenger
in the ill-fated train.

The learned counsel for the plaintiff, in opening
his case, said Mr. Moss Defries was a gentleman
previous to the accident of the most robust health
and activity, but since the accident he had been
the mere wreck of what he previously was. The
action was brought to recover compensation
for the extensive injuries he had sustained,
and he had no doubt that they would give
him as damages a sum commensurate with his posi-
tion as a gentleman, and the member of so exten-
sive a firm as that of which he had until the acci-
dent been a most energetic member. The Messrs.
Defries' was a firm noted all over the world. They
had executed orders of the greatest magnitude for
the Nizam, the Sultan of Turkey, and the Viceroy
of Egypt, and altogether their business was one
without parallel. The carrying on of so gigantic a
trade necessarily called for an immense capital, and
the returns for that were comparatively great. The
plaintiff and his two brothers, Coleman and Henry,
were the sole partners comprising the firm, and
therefore the plaintiff was entitled to, and received,
a third of the profits. In consequence of the ter-
rible accident, he (the plaintiff) had been compelled
to entirely abstain from business, and he (the learned
counsel) was informed he never would be able to
resume active exertion again. In awarding damages
they must take into consideration the immensity of
the business of the plaintiff, and the loss that had
been incurred to it by his absence, and although
he was sure the jury could not adequately compen-
sate him in money for the injuries he had received,
yet they could give him that substantial recompense
for his suffering that he was by law entitled to.
The plaintiff was then called, and the Chief
Baron, owing to his weak condition, directed that
he should be placed on the bench beside his lord-
ship. The exertion of getting to the spot was so
great that Mr. Defries nearly fainted, but on
seating himself his lordship handed him a restora-
tive, which had the desired effect for a time. After
answering a few questions respecting the injuries he
had sustained, he became so prostrate that he
had to be carried from the court.
A number of medical witnesses were then exa-
mined, the effect of whose evidence was that Mr.
Defries might recover to some extent, after the
lapse of a long period of rest, but his perfect
recovery appeared to be hopeless.
Mr. Coleridge, Q.C., for the company, said they
must be guided in the conclusion of their verdict
by the law. They must take into consideration
the injuries Mr. Defries had sustained, and give
him damages they thought he was entitled to.
The jury gave a verdict for the plaintiff—
Damages, £3,500.
_ _ _

The- amount of the damages was considered by
the spectators as insufficient, as they expressed their
disapprobation of it in the ordinary manner.

COURT OF DIVORCE.
(Before the Judge Ordinary.)
HASTILON V. STOBIE.-JUDGMENT.

His lordship delivered judgment to-day in this
rather singular case. He said that the defendant
had pleaded to a declaration that the testator
was not acquainted with the contents of the
will which had been propounded, and Sir Cress-
well Cresswell considered that a will executed
under such circumstances wai legal. To that ruling
he must object, because he considered it was opposed
to the constitution of human nature ; and, further,
he believed it was never known that a man handed
over to another the authority to make his will with-
out being acquainted with what were to be the con-
tents. He was bound to say this will was not
legal, because the law held that not only intelli-
gence but volition were requisite on the part of a
testator in the execution of his will, and in the
course of his legal experience he was not aware
where any dictum had been laid down or any
precedent of ancient or modern times adduced to
establish the contrary. He felt bound to refuse
probate of the present will, but the costs were to be
costs in the case.

POLICE INTELLIGENCE.—This Day,

MARLBOROUGH-STREET.

CRUELTY TO HORSES.—Henry Dexter, a carrier,
of Church-street, Staines, was charged before Mr.
Tyrwhitt, at the instance of Mr. Love, of the Royal
Society for the Prevention of Cruelty to Animals,
with cruelly ill-treating and torturing two horses by
working them while in an unfit state.
Rutherford, officer of the Royal Society for the
Prevention of Cruelty to Animals, said that, about
half-past eight that morning, he was in Pall-mall
East, when his attention was drawn to two horses
attached to a van. Observing that the horses were
in a miserable state, and scarcely able to crawl
along, he stopped them, and found several wounds
in the near side horse, the saddle pressing into one
of them, and the horse being very old, and mere
skin and bone. The other horse had several raw
wounds on its shoulders and loins—wounds of old
standing, and matter oozing from them. The horse
was in such a deplorable state that its hip bone was
nearly through its skin. He had never seen horses
in a worse state. The d4lendant told him that he
had brought 30cwt. of mustard from Hounslow, and
that the van weighed 15cwt.
The defendant said he was not whipping the
horses.

Mr. Tyrwhitt said the defendant was not charged
with whipping the horses, but with cruelty to them,
by using them while in an unfit state. Why did he
(defendant) not draw the van himself—he was quite
as able to do so as the horses ? There was a class
of persons living round London who did not care
what sort of animals they led. He should fine the
defendant 20s. or 14 days for each horse, and he
wished him to know that he was liable to a fresh
penalty every day he took them out and worked
them, and also liable to three months' imprison-
ment. The officers of the society would take care
to watch him, and if he used the horses again and
was brought before him (Mr. Tyrwhitt) he would
have three months' imprisonment.
The defendant said he would have one of the
horses killed.

The Extraordinary Intended Prize Fight as
Reported at the Clubs•

(From the London Correspondent of Saunders's Dublin

News Letter.)
A painful rumour has been prevalent at the
" West End," within the last day or two, to the
effect that a prize fight for a thousand pounds a-side
is about to take place shortly between two " gentle-
men" well known in fashionable circles ! I regret
to say that I have reason to believe that this report—
so degrading to the upper classes, if not, indeed, to
the nation—is no less than true. I have made
special inquiry into the matter, hoping to have
elicited that the story was but a senseless hoax. But
I cannot indulge in any conclusion so satisfactory.
I learn—indeed I am informed by those who assure
me of their personal knowledge as to the particu-
lars, and whom I cannot doubt--that this scan-
dalous event is really in contemplation, and that the
intended combatants are actually in strict training
at this moment for its consummation. Names, of
course, are for the present withheld, and, in truth,
I should be sorry to learn them, and yet be debarred
the privilege of exposing them ; but I am told that
one of the champions was formerly in our cavalry,
and that both are members, for the present only it
is to be hoped, .of a well-known fashionable club.
It seems that there is a disparity of nearly ten years.
in their ages, but that, nevertheless, by judges of
such matters, they are considered very equally
matched. lam further told that both have pre-
viously exhibited their proficiency in gladiatorial
skill, and that the contest is appointed to come off
shortly after Christmas. Mutual jealousy of this
questionable pre-eminence is said to have led to the
proposed encounter. I need scarcely say that, in
my humble opinion, this event, should it ever be
permitted to take place, or should it avoid the de-
tection and prevention by the " authorities" here,
will be a lasting disgrace upon our social progress.
It behoves, I think, any member of " society" desi-
rous that his order should be nationally respected,
to rescue it, if possible, from so foul a stain ; and if
the names of those who would thus pollute it should
come within his knowledge to at once forward them
to the Home-office. The subject is causing consi-
derable sensation in certain circles, and lenient hopes
are expressed that the affair will all end in smoke,
and that the interference of friends will succeed in
averting it. I fear those hopes are delusive. lam
afraid that the arrangements in progress argue
earnestness of intention ; and that " gentlemen"
capable of entertaining such an intent are likely to
find in these " friends" those far more likely to
encourage them in their design than to dissuade
them from it. Public exposure would be the only
remedy.