The Sun.
London, England, 1862-06-13 00:00:00

i'FIE7SinN; LONDON', FRIDAY .OhI4ING, 1862.

THE VOLUNTEERS.

METROPOLITAN RIFLE CONTEST.

The second annual grand metropolitan rifle con-
test commenced yesterday at Wormwood Scrubs,
under the patronage of the officers using these
ranges.

The prizes to be competed for were six in num-
ber, and comprised a silver cup, rifles, and a sweep-
stakes, and it was generally expected that the
attendance of competitors would be unusually large.
Such, however, was not the case ; and the chief cause
of the disappointment was no doubt the unfortunate
state of the weather. In recording the events con-
nected with the various volunteer movements
throughout the country it has become so common
to commence with a statement that the weather was
unpropitious that the fact might well be emitted,
but yesterday was an exceptionally bad day'-rain,
rain, rain, unceasing rain, from morn till eve pre-
vailed, and it was found impossible to continue
shooting for the prizes, as the markers were unable
to ascertain how or where the shots struck, for the
snots they left on the target were instantaneously
washed out ; and the committee did well to post-
pone the competition for all the prizes, save one,
which was shot for early in the day, till Saturday
next.

The only contest completed was the first, which
was for a silver cup, value £5; five shots, range
200 yards, open to all volunteers, Hythe position,
hits and points to count.

There were 55 entries, and the following are the
best scores made :

G. Andrews, 26th Kent Points. Hits. Total.
10 .. 5 .. 15
Dalton, 6th Herts
H. Lipscombe, Oxford University
J. D. Millard, St, George's ~
Lieut. Marriner. -West Middlesex.... s .. 0 .. 13
Thursto7l, ;37th Middlesex
Macrone, Ist Surrey
3, H. Robinson, 16th Middlesex
Rumball, 3d Herts .. 7 .. 5 .. 12
Capt. Vacher, Queen's Westminster 7 .. 5 .. 12
H. Reece, Queen's Westminster .... 7 .. 5 .. 12
Crookes, St. George's
J. H. Doe, Victoria ... 7 .. 6 .. 12
Sergeant Kemp, 40th Lancashiro.... 7 .. 5 .. 12
Capt. Williams, 19th Middlesex .... 8 ~ 4 12
Ensign Thrupp, Victoria
Sergeant Aylmer, London Irish
Sergt. Simmonds, Hon. Art. Company 6 „ b 11
F. P. Wells, West Middlesex
Capt. Mackenzie, London Scottish
W. B. Gurdon, Cambridge University 6 5 .. 11
Eve, 2d Tower Hamlets
F. W. Street, 9th Sussex
Corporal Harlowe, West Middlesex 6 .. 4 .. 13
Scott, 3d Middlesex
6 .. 4 4. 10
Rev. W. Brown, Ist Exeter 6 4 10
J. W. Smith, West Middlesex
Bell, St. George's......
The competition for the remaining prizes was
commenced, but deferred till Saturday, when, in
addition to those already announced, there will be
a contest for a valuable small-bore rifle, presented
by Mr. Purday.
Although ii would be useless to give a detailed
accnnt of the shooting for the prizes where the com-
petition is open till Saturday, the extraordinary
shooting of the well-known Mr. Ross, of the Cam-
bridge University, and Mr. Heaton, of the Ist Lan-
cashire, for a sweepstakes, five shots at 500 yards,
open to all comers, any position, demands notice.
Several having fired, Ross and Heaton tied at 12,
and subsequently shot off; each made three cen-
tres running, then an outer each. Mr. Heaton
then made a centre, and Mr. Ross a single, Mr.
Heaton, therefore, carrying the palm. Mr. Heaton,
being loaded, fired off once more, and again made a
centre. This was, undoubtedly, good shooting, al-
though we heard that subsequently a score bettet
than that of Heaton or Ross was made. Not
having the official returns, however, we forbear
from giving currency to the statements which were
afloat on the ground.
Capt. Fenton, of the West Middlesex, officiated
as umpire, giving the greatest satisfaction ; a num-
ber of officers from the Queen's and St. George's
took charge of the record of firing, and carried out
the general arrangements on the field.

NATIONAL RIFLIZ ASSOCIATION.—The rifle con-
test by the volunteer corps of Middlesex for the
bronze medal given by the National Rifle Associa-
tion, the winner of which will be entitled to com-
pete for the Prince of Wales's prize at the Wimble-
don meeting, having been arranged to take place on
the 12th and 13th inst. at the Government practice
range, Woolwich Arsenal, the competitors arrived
yesterday at the Plumstead station of the North
Kent Railway, but in consequence of the heavy
rain it was considered unadvisable to proceed to the
marches and commence the shooting. After some
conversation between the officers of the corps con-
cerned, it was decided to adjourn the contest until
the Ist July, to be carried out at Wimbledon.

A FRENCHMAN'S OPINION OF LONDON.

M. Havin, in a long letter to the Siecle, of which
he is the chief editor and manager, announces to
the Parisian public that he is in London, and for
the first time in his life. "He had heard," he
says, "so many travellers vaunt its magnificence,
its :spacious streets, its arsenals and its docks, and
the intense activity of ies population, and he had
consulted so many guido books, that his impressions
are less lively than if he had not got this copious
information." M. Havin is too acute a thinker to
be astonished at this, for, as he well observes, "the
human mind is disposed not only to react against
exaggerated praise, but even to criticise things
which have been excessively lauded." M. Havin
has acted with judgment in abstaining from
satisfying his impatient readers until he had fami.
liarised himself with London by a few days' in-
spection, and even then he was unwilling to trust to
his own impressions only, but put himself in com-
munication "with men who have been established
in London for several years, and who have had
occasion to study profoundly the English people."
M. Havin finds, and he is frank enough to admit
the fact, that the English are much improved in
the art of concealing their sullenness, taciturnity,
and selfishness," as well as their " unfavourable
disposition towards France." He is evidently gra-
tified by the change, fur now—
" They answer civilly to ;'questions put to them
by strangers, and they complacently go out of their
way to point out yours. As a Frenchman familiar
with the language and manners of the country has
assured me, there are always two individuals in
each citizen of Great Britain. The first is the honest
man, the father of a family, to be counted upon in
his relations with you, of strict probity in business,
and who will not admit of any capitulation of con-
science ; the second is the Englishman who adopts
all means, good or bad, which his Government
irreproachable thinks fit to employ to secure the preponderance of
Great Britain The private citizen is generally
perfidious
achable.; the politician has more than once
deserved
the epithet applied to his country of
And M. u„inti."
he has had out, adds, that the experience which
Cogutishmeu, whether in London or on
the Continent,
confirms in every particular the jus-
tice of his friend's valuable information on that
head.
M, Havin could not walk through London with-
ont remarking one notable difference between it
and Paris :
goes
and
comes,
I
" What struck me, and what strine„ c,
c
iaon.cPc'uirss
the absence of authority in everything that
in London. While traversing this
did not see 10 soldiers. The citizen
is free, asks no one's permission—he marches, eas:3
the poet says, in his force and in his liberty. The
only functionary visible is the benevolent person
who watches over your safety, who saves you from
the annoyance, and even clangers, to which the
stranger is exposed—that is. the policeman, He
"as only to raise his hand to prevent the disasters
which would result from a great agglomeration of
carriages. At the sight of this hand, armed only
with a simple staff, the conductors rein up, as if
by enchantment, their horses rushing at the utmost
speed. I have not seen a single accident in these
long streets, which are often filled with six, seven,
or eight rows of carriages and horses. In this great
city the citizen is King, but he is above all the ser-
vant of the law."

One who praises so well has the right to cen-

sure ; and, accordingly, he expresses his disappro-
bation at " the absence of organization at the doors
of the playhouses, stations, railroads, omnibuses,
&c., the consequence of which is that people elbow
each other, and everyone tries to force a passage."
He does not doubt, however, that the English will
reform this altogether, and, of course " will not fail
to borrow this reform from France,"

M. Havin passes on to the Exhibition, which he
thinks "has not been sufficiently praised, nor suffi-
ciently understood." He is naturally proud of the
brilliant part France plays in the World's Fair.
He takes, however, but a general view of it, and
does not enter into details, either on the building
itself or what it contains. None will be surprised
at this, for he visits London rather as a philosopher
and statesman, and leaves such things to others,—
" Our collaborateurs who are to review the divers
branches of human industry will give our readers
curious, useful, and detailed information, &c."

M. Havin's visit to England is no ordinary event,
and his future letters will excite much curiosity, if
not among the whole French people, at least among
the one hundred millions who look upon him as (to
use their own words) "le plus grand homme du
Siecle."

THE CIVIL WAR IN AMERICA.

NEW YORK, MAY 30.

The cities of the North have somewhat recovered
from the panic which took possession of Washing-
ton as soon as the news of the retreat of Gen. Banks
from the valley of the Shenandcah burst upon the
astonished ears of Mr. Secretary Stanton. Believing
that the safety of the capital was threatened—as it
indubitably was by that event—and that the Con-
federates were well aware of their chance, and had
audacity enough to make the most of it, the Secre-
tarytolographed fn all tho Stntpa of thn North to
despatch to Washington every available man that
could be raised for its defence. The consequence
was what the people here call "a general scare,"
and such a universal uprising of the Militia and
inflation of the war spirit as are quite sufficient to
prove that there is a reserve of half a million of
armed men available for the defence of Northern
soil, should their services be needed. The regiments
were mustered in hot haste on Monday and Tues-
day, and took their departure in the full belief that
Washington was really at the mercy of a highly
probable coup de main. But a few hours changed
the whole aspect of the situation. The Confederates
had either not imagined the possibility of such a
dash, or declined to take advantage of it, for want
of means or knowledge, as at Bull's Run ; and the
War Secretary telegraphed a second time to all the
Governors of the North, not to say in precise words
that he had been the victim of a false alarm, which
he certainly was, but that no further aid was neces-
sary, and that the militia might remain peaceably
at home until further orders. And so this storm
has for the time blown over, leaving behind it a
vague impression in the public mind that the back-
bone of the South is not so utterly broken as it was
believed to be a fortnight ago, and that there may
be a great deal of fighting yet to be accomplished
before North and South can again dwell together
in unity or in amity.
The war languishes somewhat before Rich-
mond and Corinth. Neither Gen. M'Clellan nor
General Halleck is in haste to strike a decisive
blow. Both of them believe that they must be
outnumbered by their opponents, and they natu-
rally wish to make sure as they go, so that there is
little to record from either quarter, except a few
premonitory skirmishes, just sufficient to indicate
that the war lives, and may burst out in full fury
at any moment. But while news is slight from
both of these quarters, there comes a perfect gush
of it from New Orleans, where General Butler is
carrying matters with as high a hand as if he were
the Austrian Governor of Venetia or the Russian
Generalissimo at Warsaw. He has suppressed two
old-established newspapers ; he has prohibited the
observance of the fast and humiliation ordered by
President Davis, though how his prohibition can be
made effective is difficult to see. The old proverb
says you can bring a horse to the water, but you
cannot make him drink, and it would be just as im-
possible a task, one would think, to make a whole
people eat flesh when they had determined to eat
fish, or to sing songs and dance dances when they
had determined to humiliate themselves in prayer.
The General has also forbidden the currency of
Confederate bills, or "shin plasters." He has
seized 800,000 dole, in hard money, supposed to
belong to the Confederate Government, and de-
posited for security in the custody of the Dutch
I Consul. He has thereby drawn upon himself a
remonstrance and protest against the aet, signed by
the Consuls of every European Power except Spain,
to which protest he has returned a true military
reply ;
he has seized three British subjects for con-
travention of the Neutrality Act, and snubbed the
acting British Consul for his interference in their
behalf ; and, worse than all, he has insulted the
women of the South in a manner so gross that he
never will or can be forgiven by Southern man or
woman, and which will pile up against his name and
person an amount of execration that any ordinary
man would rather die than deserve. The proclama-
tion was so unmanly as well as so unsoldierlike as
to be incredible. Nobody in New York believed in
its authenticity. It was said to be a fabrication of
General Beauregard for the purpose of inflaming
the Southern mind still further against the North;
and one New York Journal, bitterly hostile to the
South, declared that if General Butler had really
issued such a document he was a disgrace to the
army, and should immediately be dismissed. But
the proclamation is now admitted to be true, and is
likely to be more prejudicial to the Northern arms
than a defeat in a pitched. battle. The people of
New Orleans are subdued by superior force, but
they do not acknowledge the Northern Government.
They offer it passive resistance in default of any
other; and the women, high and low, rich and
poor, not only wave Secession flags from their win-
dows, and wear Secession ribands in their bonnets,
and teach their little children to revile the
" Yankees," but when they pass a Federal soldier
or officer in the streets they move out of his way
with expressions of disgust in their faces, if not on
their tongues, as if there was contamination in his
touch or presence. They resort to all the manila-
vres of woman's malice—and how great that can
be if aroused, either in love or war, needs not be
told—to prove to the Federal armies how odious
they are to the South, and that the ultimate sub-
jection of such a people is impossible. General
Butler would have done well to treat this display of
feminine spite with indifference, if he could not treat
it with good humour, He might even have gone so
far as to say that if women mixed themselves in
public affairs like men, they would be treated with
the severity of the sex they assumed, and locked up
for a night in the guard-house, to teach them the
impropriety of playing with edged tools ; bat
when he went so far as to say that women insulting
the soldiers of the United States by word, or look,
or gesture should be treated as "harlots plying
their vocation in the streets," he outraged all de-
cency and humanity, and committed an error as a
General only exceeded in amount by his breach of
good manners as a gentleman. The offending and
offensive document has been publicly read in every
camp and in every church of the South, and will not
only cover the name of General Butler with ob-
loquy, but will go far to supplement the haltrations
of the Southern armies by a glow of indignation far
more warming to their hatred than a full allowance
of whisky, or any Southern stimulant that fires the
blood and inflames the passions of an excitable and
proud people. General Hunter's proclamation, free-
ing the slaves in these States because "martial law
and slavery were incompatible," was a harmless
piece of nonsense compared with General Butler's
escapade. The President has disavowed the one,
ao South
g t he
na
but, if he were ever so prompt and resolui,e to die.
avow the other, ho could not undo the mischief that
has been done,
Or create any other impression in the
Ss
enTatihnat he personally is not quite so bad

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4 ,

71IE MURDER AND SUICIDE IN

BLACKF.RIABS-.ROAD.

Yesterday afternoon Mr. W. Carter, Coroner for
West Surrey, opened an inquiry at the Lord Nelson
Tavern, Nelson-square, as to the circumstances con-
nected with the death of James John Mockford,
aged 35; Catherine Mockford, aged 7 ; and Emily
Mockford, aged 4 ; whose lifeless bodies were dis-
covered in the stcond-floor front room of the house
No. 189, Blackfriars-road, late on Tuesday night.

Mr. Joseph West Pearse, of 189, Blackfriars-road,
shirt collar manufacturer, said—The second floor of
my house I had let to the deceased, James John
Mockford, for the last three years and eight months.
Of late his two daughters lived with him, and his
sister, who kept his rooms for him. There was no
one else. On Tuesday night, at half-past 11, I was
in bed, when there was a knock at the door, and a
ring at the bell. I got up, and on proceeding to the
front door I found Mockford's father, mother, and
his sister Sarah, and his late wife's sister-in-law.
Some conversation took place, in consequence of
which I called in a police-officer, whom I requested
to accompany us upstairs to the second floor. We
first opened the door of the back room, which was
unlocked. No one was there, and we then went to
the door of the front room, and finding it quite fast
and no key in the lock, the police officer forced it
open with a poker. The policeman turned his bull's-
eye into the room, and in an instant we saw the
body of Mockford sitting in a chair and lying back,
in front of one of the windows, and facing the door.
He had only his trousers and shirt on, and I at once
noticed blood on the latter. His trousers were not
unbuttoned, but were slipped down. He was quite
dead and the blood on his shirt quite dry, as if he
had been dead for some considerable time. Directly
afterwards I saw the bodies of his two daughters
lying on the hearthrug. The eldest was on her
face and the youngest on her left side. They were
laid out quite straight and were very inueh dis-
coloured, as if they also had been dead for some time.
A surgeon was sent for, and Dr. Henderson, Trinity-
square, arrived in a few minutes; nothing having
been moved until he cone. I found no letter on the
I table. There was only an empty wineglass and a
small book of Devotions, which Mrs. Pearse had
lent him. There was a phial under the table, and
on a chair close by I saw a carving knife, a carving
fork, teacup with a little sediment in iti and a satu-
rated rag. I saw the children alive on Sunday
morning after I returned from church, and they
then seemed in excellent health. Their father was
with them at the time. They were then coming in
from the street, and I never saw them again alive.
I do not recollect seeing the sister at all on that
day. There were no marks of violence, or injuries,
or blood about the persons of the children. I no-
ticed that the window blinds were drawn down.

Thomas Gardner, M 25, metropolitan police ser-
geant, corroborated the evidence of the previous
witness as to the state of the room when he arrived
at the house a little before 12 on Tuesday night,
having been sent for from the Stone's-end station,
adding that he searched Mockford's pockets, and
took from one a key which fitted the lock on the
door of the room. He said further that there were
two pillows on the hearth-rug near the bodies of
the children, near which was also a great quantity
of blood ; and that in a utensil standing near the
body of the man was a quantity of what appeared
to be blood. From the appearance of the body, and
the fact that there was blood on the carving fork,
the witness inferred that the deceased had stabbed
himself with the fork as well as with the knife;
that he inflicted the wounds near the bodies of his
children ; and that subsequently he crawled to the
chair on which he was sitting when the door was
broken open, a distance of about four yards.
Sarah Mockford, a very respectable and intelli-
gent-looking young woman, said—l have been living
with my brother James for about five weeks up to
last Sunday. I went to take care of his home and
children in consequence of the death of his
wife. There were two children—Catherine and
Emily. On Tuesday night last I was at my father's,
13, Granby-gardens, Lower Marsh, and had been
there since Sunday afternoon. I left my brother's
about half-past 3 or 4 o'clock on that day, and by
an arrangement I was not to return until he came
to fetch me. When I left his room he was sitting
against the window, and the children, who were in
good health, were with him. I have not seen either
him or them since.

Mr. James V. Henderson said,—l am a surgeon,
and assistant to Dr. Evans, of Trinity-square, South-
wark. On Tuesday night I accompanied Police
Inspector Turpiu and Sergeant Gardner, and on
going to the second floor front room I found the de-
ceased seated in a chair, and quite dead. There
were two openings by the left side of his navel—
they were evidently stabs, and were close together.
I:probed the wounds, one to the depth of about two
inches. The length of the wound was one inch and
an eighth, and the carving-knife produced would
produce exactly such wounds. There was a third
and similar wound about an inch and a half above
the navel. All these wounds were such as a man
might inflict upon himself. When I first saw the
body i t was
been
quite
dead
rigid, and I coneluded the de-
ceased had two days and two nights.
for
At the same time I saw two children lying on the
floor, as has been described. The lungs and liver
were slightly congested, but otherwise healthy. The
abdomen was quite healthy. I took out the stomach
and tied it at both ends. Subsequently I opened it,
and found it to contain food and air; but I have not
had sufficient time to analyze its contents. I noticed
two pillows on the floor by the side of the children,
and t hey might have been pressed on the faces of
the children so as to cause death, but I cannot say
that it was so. A phial was found on the floor near
the bodies, which may have contained opium, and I
think it had had a preparation of opium in it.
There was another phial on the drawers containing
a very small quantity of brownish liquid, which
seems to be methylated spirit of opium, If this
had been used the lapse of time would have de-
stroyed the smell of the opium. The post mortem
appearances in the younger child were the same as
in the elder, except that the lungs and brain were
much more congested. I saw the cup produced. It con-
tained castor oil with a brownish sediment. There
was no smell except of the oil. My opinion is that
the children were poisoned, but death may have
been produced by the compression of the pillows
over their faces before the poison had time to act.
The blood was fluid, but it would remain so after
suffocation as well as after poison.
Sarah Mockford was recalled, and in reply to the
Coroner said her brother seemed rather strange in
his ways. He was always speaking of his wife, and
putting his hand up to his head. She used to try
to cheer him up, telling him that he would be better
in two or three months, to which he used to reply
that he never should. Nothing struck her attention
when she left him on Sunday, and she bad never
heard him threaten to make away with himself.
She had told her family that he took on a good deal
about the death of his wife. She never knew him
to take laudanum at night, but was frequently dis-
turbed by his walking about the room at night, as
she slept on a bed in the same room as her brother,
but with the eldest child. While he was walking
about he used to put his hand to his head and ex-
claim, " Emmy, Emmy, I can see you now ; I can
see you sitting there." This occurred several times,
and she spoke to him about it, but with no result.
He seldom slept well, and had lost almost all his
strength. He ate a hearty dinner on Sunday, and
seemed quite cheerful when witness left home. She
had no doubt that he died by his own hand, and
that he had done it through mental distress, brought
on by the death of his wife. There were no pillows
in the front room when she left on Sunday, and it
was not customary for the children to take them
there. Her brother rather pressed her to go away
on Sunday, telling her not to stay to change her
clothes, but she did not think anything particular
about this, because he was in better spirits than
she had ever seen him before.

Wm. Dunkley, an undertaker, was examined, at
his own request, and deposed that Mockford imme-
diately after the death of his wife was like a mad-
man. He never saw a man so cut up before.

John Smith, who had worked with Mockford for
the last three years, and James Henry Mockford,
the father of the deceased, confirmed what the pre-

ceding witness had said as to the low spirits of the
deceased since his wife's death.

Mr% Pearse, re-examined, stated that during the
three years for which Mockford had lodged at his
house be had been a most steady and sober man.
The children had been in the habit of taking a good
deal of castor oil. They were very fond of it, and
witness had no doubt that their father administered
the poison in castor oil.

The fury unanimously agreed that no further
evidence was necessary; arA, after the Groner had
summed up, returned as their verdict that tiao
children', were wilfully murdered by their father,
who immediately after destroyed his own life while
in a state of mental aberration.

LA TV INTELLIGENCE.—June 12.

COURT OF QUEEN'S BENCH.

(Sittings in Banco, before Ju-stices Wightman,
Crompton, and Blackburn.)
THE QUEEN V. THE PARISH OF LAMBETH.

This ease came before the Court upon a demurrer
to a plea to a return to a mandamus obtained by Mr.
Prendergast commanding the vestry of the parish
Lambeth to light that half of Vauxhall Bridge
which was declared by the company's act to be in
the parish of Lambeth, and to erect lamp posts for
that purpose. The question raised was whether
the Vauxhall Bridge Company was exempt from
the duty of lighting the bridge, and whether that
duty was now thrown upon the vestry of Lambeth
by the 18th and 19th Viet., cap. 120, entitled the
Metropolitan Local Management Act.
Mr. Bovill, Q,C., Mr. Digby Seymour, Q.C., and
Mr. Le Breton were counsel for the vestry of Lam-
beth; Mr. George Denman, Q.C., and Mr. Pren•
gest for the Vauxhall-bridge Company.
The arguments were commenced yesterday (Wed-
nesday), and were concluded to-day, when the
Court took time to consider its judgment.

COURT OF COMMON PLEAS.
(Sittings in Banco, before the Lord ChiAf Justice
Erie and Justices Williams, Willes, and Byles.)

KENNEDY V. BROWN AND WIFE.

This was an action tried at the last Stafford as-
sizes before the Lord Chief Justice Cockburn, when
the plaintiff, a barrister, claimed the sum of £20,000
for work done for the female defendant before her
marriage with the defendant, in respect of the
Swinfen estates, and upon an account stated, and
the jury returned a verdict for the plaintiff for the
amount claimed.
Subsequently Mr. Macaulay, Q.C. (with whom
was Mr. Field), obtained a rule calling upon the
plaintiff to show cause why the verdict should tot
be set aside, and a verdict entered for the defendant.
To-day Mr. Kennedy in person appeared to show
cause against the rule, He called the attention of
the Court to the rule which had been obtained call-
ing upon him to show cause vehy the verdict should
not be set aside and entered for the defendant, upon
the grounds—first, that the count relied on was of a
matter in respect of which there was no legal liabi-
lity; secondly, that the count was concerning an al-
leged debt and contract which was contrary to law;
and, thirdly, that there was no debt upon an account
stated established by the plaintiff's evidence. The
rule further asked for a new trial, upon the ground
that the verdict was against the weight of evidence;
and, secondly, that the judge had not left any other
question to the jury than whether they believed the
version given by the plaintiff or the defendant of
the alleged promise. His own impression was that
there were only two points raised at the trial, and
they were raisel in this way. At the conclusion
of the plaintiff's case, Mr. Macaulay submitted that
there was no proof of an account stated," without
assigning any reason, and, thereupon, his lordship
said, " I give you leave to move, but I think that
the observation is deeper that that; I think that
there is no proof of a contract ; that there was no
debt in reference to which a count could be stated."
He said he tliought that a barrister's fee was an
honorarium ; that he was aware that there were
some modern cases in which it was laid down that
there might be a special contract between counsel
and client ; but he did not agree with them, and he
was of opinion that an honorarium was not recover-
able by law. He (Mr. Kennedy) was surprised to
find it stated in the newspapers that it was said
that the contract and debt were contrary to law,
nothing of the kind having been said, and the rule
could have been obtained on that ground only by
making misrepresentations to the Court, and he was
sorry to say that that was not the only misrepre-
sentation that had been made in this case. One of
the most prominent ones was that he had stated
that he was not only trying to recover £20,000,
but also to hold the deed of which there had been
so much heard. He had never sued to recover
anything but the gift made by the female defen-
dant for services rendered, and if it had not been
sought to deprive him •of it he shoull never
have taken any proceedings at all. He offered
at the trial to take a verdict for the amount
of the deed only, if they preferred it, but
there was no response. And he now said that if
their lordships were of opinion that in law he was
entitled to hold his verdict, and that as a gentle-
man he ought wider the circumstances to accept
the value of the deed in satisfaction, he offered to let
the verdict be reduced to the value of the deed,
which was about £15,800. The only two questions
were, NA hether there was an account stated, and
whether a counsel could make a special contract
with his client? Whilst he thought that the first
was a frivolous point, he did consider that a great
deal might be said as to the second one. It would
be necessary for him to go through the evidence
adduced at the trial, and to comment upon the
letters which were produced.
The Chief Justice said he was anxious to get Mr.
Kennedy's view of the law of the matter.
Mr. Kennedy replied the main question raised
was whether there was a contract between himself
and his client to remunerate him, not by fees, but in
another way ; and whether he made a promise in
respect thereof. He should contend that even if
there was no promise of remuneration in the first
instance, even if there was a request to act as her
counsel, and promise afterwards to remunerate him,
mentioning a specific sum, that entitled him to the
verdict which he obtained. He acted as her counsel,
was induced by her to make certain sacrifices, and
sustained certain losses for her benefit, in respect of
which a valid contract might be entered into and an
account stated thereon.

At this stage of the proceedings`the Couit rose,
and the arguments were adjourned until Saturday
next.

COURT OF EXCHEQUER.

(Sittings in Nisi Prius, before Mr. Baron Wilde
and Common Jury.)
WADHAM V. PIIILIPS.-LIBEL.

This was an action brought by the plaintiff, a
grocer and cheesemonger at Hornsey, against the
defendant, who was a member of the firm of cheese-
merchants in Newgate-street, to recover compen-
sation in damages for a libel. The defendant pleaded
first, not guilty; and secondly, justification.
Mr. M. Lloyd was counsel for the plaintiff; Mr.
Hawkins, Q C., and Mr. Brown, for the defendant.
Mr. Lloyd, in opening the plaintiff's case, stated
that before the month of December last the plain-
tiff had purchased several quantities of butter and
cheese of the defendant's firm, and at that time he
owed them a sum of about £lO 55., which he pro-
mised to pay in a week. About a week after that
debt accrued the plaintiff became a bankrupt, and
the libel complained of was the defendant's having
written outside an envelope addressed to the plain-
tiff that he had been obtaining goods by false pre-
tences. Mr. Lloyd said his client did not want
damages ; but if the defendant would retract the
allegation that ,Aould be all he should require.
The ]earned Judge said he thought the plaintiff
had misconstrued the meaning of the alleged libel.
He did not think that the defendant meant to im-
pute a criminal offence to the plaintiff, but that he
had not kept faith when he promised to pay in a
week.

Mr. Lloyd said if Mr. Hawkins would retract
any allegation, and say that the defendant did not
intend to impute a criminal offence, he would agree
to withdraw a juror.
Mr. Hawkins would not concur.
Ultimately the plaintiff withdrew a juror.

COURT OF PROBATE AND DIVORCE.
(Before Sir C. Cresswell.)
BLACKBURNE V. BLACKBURNE, TRAFFORD, AND

PEPPERBINE.
his was a suit instituted by Frederick Black-
burn°, a market gardener residing at Lincoln, for
a dissolution of marriage on the ground of his wife's
adultery with the co-respondents.
The respondent pleaded denial, and recriminated
the charge • and the co-respondents also pleaded
denial of the adultery, and connivance on the part
of the petitioner.
Dr. Spinks and Mr. Needham were counsel for
the petitioner; Mr. Pritchard appeared for the re-
spondent, but the co-respondents were not repre-
sented by counsel.
From the evidence it appeared that the parties
were married. in 1850, and cohabited at Lincoln
until 1853, during which time there was one issue
of the marriage, since deceased. In the latter year
the petitioner's suspicions were excited respecting
the fidelity of his wife, who had contracted intem-
perate habits, and he, in company with another
man, watched her, and discovered her in company
with Trafford, to whom he administered such severe
chastisement that he was obliged to obtain medical
n
assistance. They separated immediately aft!r.,i
the October of 1853, and had not onice lived

together. Trafford was also a market gardener,
and was nearly 60 years of age, while the respon-
dent was a young woman. Some time after the
discovery of .L.'r intimacy with Trafford she formed
an i,tiproper connexion 1..7j.th Pepperdine, who is in
business with his father, a timbor merchant, living
in High-street, Lincoln. She afterwards went to
live with this person, by whom she had a family.
The respondent admitted to one of the witnesses
that she had been guilty of the offences attributed
to her by the petitioner.
Mr. Pritchard cross-examined the witnesses, but
adduced nothing material.
Sir C. Cresswell pronounced a decree nisi, bat
reserved the question of costs.