The Sun.
London, England, 1865-09-19 00:00:00

Prussia and Lauenburg.

LAuENBURG, Sept. 15.
Ilpatent issued to-day announcing that
Prussia royalhad
taken possession of the Duchy of Lauen-
burg
the following effect :
, ,vv is to
William, by God's grace,
Ring of Prussia,
&c., do hereby proclaim : After his Majesty. King
Christian IX. of Denmark has, by the treaty of
peace concluded at Vienna on Oct. 30, 1864, ceded
his rights in the Duchy of Lauenburg to us and his
Majesty the Emperor of Austria in common ; and
after his Majesty, Emperor Francis Joseph I. of
Austria, has made over to us his share in these
rights by the convention agreed upon between us
at Gastein on Aug. 14 last, and concluded at
Salzburg upon the 20th of the same month, and
which has been brought to public knowledge by
our civil commissioner upon the sth instant :
Now, therefore, in fulfilment of the wish ex-
pressed by the Lauenburg Diet, we, by this present
patent, take possession of this Duchy with all rights
of supremacy and sovereignty ; appended to our
titles that of a Duke of Lauenburg ; and ordain that
the Duchy of Lauenburg shall be hereditary in our
royal house according to the principles existing as
to the succession to the Prussian Crown. We offer
to all the inhabitants of the Duchies our paternal
greeting, and desire them henceforth to acknow-
ledge as their legitimate Sovereigns, to swear to us
and our successors the oath of allegiance, and to
live according to our laws and ordinances ; in ex-
change for which we assure them of our sovereign
protection, and promise that we will govern them
justly, will protect the well-grounded rights of the
country and its inhabitants, and direct our paternal
care towards their prosperity. _ . _

- - -
" We have appointed our Minister-President and
Minister for Foreign Affairs, Von Bismarck-
Schonhausen, to be our Minister for Lauenburg, and
have desired him to carry on the Government ac-
cording to the laws and country regulations existing
in the Duchy, and will confirm and retain in their

NEWSPAPER
: v „ .
posts all officials of the Duchy after t • of•%, • • "
taken the oath of allegiance.
" We hereby nominate our State
von Arnim-Boytzenburg to take post Aer
Duchy of Lauenburg in our name and ; d _
ceive the oaths and duty of the chief anthigtiesni s
the country in our place, and to commission the 7
to swear in the remaining officials, reserving to our-
selves the acceptance of the homage of the country
until the period when we shall be able to receive the
same in person.
" Done at Berlin this 13th Sept., 1865.
(Signed) "WILLIAM REX.
(Countersigned) " VON BISMARCK."

A Clergyman Charged with an Assault.

At the usual weekly sitting of the magistrates for the
Hundred of Taverham, in the county of Norfolk, on Satur-
day last, the'Rev. Samuel Hayward, vicar of Salhouse and
Wroxham, was charged with assaulting Sarah Webster, a
girl about 20 years of age, at Salhouse, on Sunday, Sept.
3. The magistrates who Adjudicated upon the case were
Mr. John Longo and Colonel Stracey, of Clithoroe. Mr.
Chittock appeared on behalf of the complainant, and Mr.
Lenny for the defendant.
The complainant deposed that she walked from Norwich
to Salhouse on Sunday, 3d inst., to see defendant, with
whom she had been corresponding, about some money
which he had promised to pay for her. She met defen-
dant as he was coming from church after morning ser-
vice, and requested to speak to him. He said he would
have nothing to do with such a worthless —, and
went to his residence, whither complainant followed
him. On reaching his house she rang the bell,
and defendant answered the summons. Sho again
told him what she wanted, when he pushed her from the
step, along the gravelled walk, threw her into a bush, and
kicked her leg. She afterwards went into defendant's kit-
chen, being very faint, and had a glass of water, and found
that her dress had been much torn. To show that she be-
lieved she had a right to go to defendant's house on the
Sunday, Mr. Chittock elicited a statement from the com-
plainant that she went into his service when nearly 15 years
of age as a general servant. About fivo months after she
had been in his house he seduced her, and fearing that she
was pr,—,,trnt "tie told him, and he supplied her from time
to time w. it ure of gtn, laudawn, and some dark stuff
-494"eb-114 n st-cleamist's. 7Sie recommended her to
leave his service, and promised to got her another situation.
Complainant subsequently found that she was not pregnant,
and in 1862, she went, at his invitation, with some friends
to his house, when he made an appointment to meet her
the following day at the White Hart Inn, Norwich. They
met, and intercourse took place between them, the birth of
a child in July, 1863, being the result. A medical man in
Norwich attended the complainant, and defendant paid ono
of his bills, and promised to pay another, but did not keep
his word, and it was to induce him to do so that she called
upon him on the day of the assault. It was also adduced
that on one occasion at the White Hart defendant promised
to marry her when Mrs. Hayward (who was in court during
thn hearing of the case) died. Complainant also said that
she could not ensure finding defendant at home during the
week, and that was why she called on the Sunday. She
went to a house in Norwich which he frequented, and
which was occupied by a Miss Child, alias Harbord, for-
merly mistress of Salhouse school, but that person and de-
fendant refused to admit her.

In cross-examination complainant denied being too
familiar with two persons at Salhouse, and said that de-
fendant, when he kicked her, was wearing the boots in
which he walked home from church.

The Rev. J. S. G. Crammer, the curate of the parishes of
Salhouse and Wroxham, deposed to meeting the com-
plainant as he was going to perform his afternoon duties,
and he observed that she was much exhausted, and that
her dress was much torn. When he saw her again, on the
following Wednesday, she had a large bruise upon her
arm.

Mrs. Denmark, with whom complainant resides, corro-
borated the last witness as to the condition of complainant
after the assault. She also stated that the defendant on
one occasion left a sovereign with her for complainant.
Mr. Lenay, on behalf of defendant, called Sarah Alexan-
der, servant, who stated that her master did not kick the
complainant, that he had on his carpet slippers, and that
she fell down upon the path. In cross-examination she
admitted not seeing defendant push complainant off the
step, and that her master was between herself and com-
plainant.
This was all the evidence, and the court was cleared
during the deliberation of the magistrates. On the re-ad-
mission of the public,

The Chairman said to defendant—We have given this
very disagreeable case every attention, and we have come
to the conclusion, without the slightest hesitation, that we
must convict you. It is certainly one of the grossest
assaults that ever came before this or any other court. The
defendant was then fined £lO and costs, and in default
three months' imprisonment.
The defendant had not the money in his possession, and
two hours was granted him to obtain it.

Flogging a Schoolboy

-..--

A case which had excited much public interest was heard
yesterthiy atiEe Chi piing—di-Tar Petty Sessions, to which
Dr. Clark, who keeps a school in which there are about 100
pupils, was summoned for having, it was alleged, exercised
undue severity towards a pupil 12 years of age, named
Francis Simlack.

The lad stated that he had run away from tho school
twice, and that Dr. Clark had given him blows on the
hand because he was walking on a Sunday and had picked
some blackberries. In reference to the flogging to which
he was subjected, ho said a boy (Clarke) who sleeps in my
room told Dr. Clarke I had thrown some butter about the
room. My mother had given me some, and the other boys
said if I did not give them some they would tell on me.
Clarke took me up into the bed-room and I scraped it off
the wall, and then he took me into the school and reported
me. Dr. Clarke then gave me 40 lashes with a stick on my
back as I was lying on a desk. The stick was as thick as a
riding whip. As I lay over ho pulled up my jacket. After
I had been flogged the boys told me they had counted the
number of blows ; nearly all the boys in the school were
present. Dr. Clarke said I was going to run away. Two
other boys said they would also run away. Dr. Clarke
said he owed me a flogging, and I should then have it:
He then flogged me the second time, and he gave me
forty more lashes ; he then kicked me out of the room.
He hit me on both occasions as hard as he could. It
was with a knotty stick he struck me. I then ran away.
I could not run about with the other boys. I was sore and.
bruised, and I lay abed the next day. On Wednesday I ran
away and went home. I walked from Ongar to Loughton.
I was about three hours walking. I ran away four times.
Fseicrsont dt i mt
me Ie wI ac
msbroughteback abiacnkighabt o; utth
ea t vi
re edk a
na fdte rf
o;
utr
thhe
times was on account of my having been beaten. My
father said he would rather have me away with him.
I did not grease the face of a boy (Clarke) as he lay
in bed. There is a captain to each room. He reported
me after he showed me the butter on the wall. It
was about as big as the palm of my hand. I did not then
intend to go away. Dr. Clark did not tell me he would
give me 10 lashes. It was a boy named Fisher told me 1
had 40. I had been in the school about one month. Dr.
Clark came to my father's house and offered to pay back
half the money. I don't say I was a good boy. My father
threatened to send me to a reformatory school. I have seen
some boys thrashed with a cane. Dr. Clark told a boy named
Griffiths to cut a stick, and with that he was flogged.
Mr. Myhill, a physician and surgeon of Old Ford, Bow,
who had examined the boy, said ho considered the punish-
ment had been excessive, and described the condition of
the boy's legs when he saw him.
The "captain" of the room proved that Master Simlack
had smeared a boy's face, and for this he reported him, but
the witness said that only 10 blows were given, and 10 for
the old offence of running away.

The magistrates' clerk stated that when the summons
was applied for the boy's back was black and blue, and his
flesh looked like crimped cod.

Mr. Preston, who appeared for the schoolmaster, con-
tended that the facts had bean much exaggerated.
The magistrates, after some consideration, stated that,
although no doubt too much violence had been used, the
conduct of the boy had been irritating, and they had de-
cided not to convict the accused, but they should recom-
mend him to use some instrument which would not inflict
such wounds. The case was dismissed without costs, ex-
cept Dr. Clark's own costs.

MR. HUDSON, THE EX-RAILWAY KING.—It will
be remembered that at the late general election Mr.
Hudson, better known as the Railway King, was a candidate
for the representation of Whitby, but immediately previous
to the nomination day he was arrested at the suit of W.
H. F. Sandeman, of London, for a debt of £23,989 55., in..
eluding costs. He was forthwith sent to York Castle, at
which prison he arrived on the 10th July last, and still
remains in custody. On Saturday Mr. J. Stephen, registrar
of the Leeds Bankruptcy Court, attended at York Castle,
and held a court to adjudicate parties in the gaol detained
for debt bankrupts. Mr. Hudson was one of the insolvents
who was required to appear before the registrar ; but Mr.
Rees, solicitor for the detaining creditor, Mr. Sandeman,
applied that the case might be adjourned, inasmuch as within
the last few days a friend of Mr. Hudson had boon enabled
to make a proposition for an arrangement, and he believed
that the proposition would be accepted by Mr. Sandeman.
It was considered desirable to avoid bankruptcy proceed-
ings, which might interfere with Mr. Hudson's future pro-
spects. Mr. Rees therefore asked for an adjournment, so
that time might be afforded for carrying out the arrange-
meat. The registrar said he would have been glad to have
acceded to the application, but ho thought he had not the
power. Some conversation took place between Mr. Rees
and the registrar on the point, but the latter ruled that Mr.
Hudson must appear, and that he could not consent to an
adjournment. Mr. Hudson was accordingly brought into
court, when he addressed the registrar, arguing that he
had a right to ask for an adjournment, there being a dis-
cretionary power vested in the registrar. The registrar
eventually adjourned the case for a month.

LONDON, TUESDAY, SEPT. 19, 1865.

Earl RUSSELL is always great in his despatches
and if his deeds were half as decided as his words
he would be a far more efficient statesman than he
is. There are numberless examples of his sending
off the Most vehement circulars, and yet, after all,
nothing comes of them. Vox et preterea nihil should
certainly have been his motto. In the vexatious
question of the Schleswig-Holstein affair he has
shown himself to be uo match whatever for the
craft and subtleties of the German diplomatists,
and yet his tone throughout his
various
has been firm enough. The
communications
inattention which he has met with shows that
he is not believed. People know that he can say a
great deal and yet mean very little. It must have
been with a bitter feeling of mortification that he
sat down to pen his last despatch on the receipt of
the intelligence of the Gastein Convention. He
has been duped, cajoled, and set at defiance by his
German allies, and yet he is compelled to put up
with all the affronts put upon his dignity, and
the contempt with which his advice has been
received. In this last circular the noble lord can-
not conceal his irritated and indignant feelings, and
we certainly meet with a very fair statement of the
recent occurrences that have taken place in the
settlement of the affair. Lord RUSSELL is an adept
in all matters relating to constitutional privileges
and national rights, and can be cited as an autho-
rity in all cases appertaining to treaties and conven-
tions. Of course, in this Gastein affair all the
courtesies of diplomacy and the etiquette of
statesmanship have been outraged and violated.
It is not, then, surprising that the conspirators who
have played their game out with so much finesse
and dexterity should be told in no measured terms
of the iniquity and infamy of their conduct. From
the other great Powers indignant remonstrances
have been sent to them ; and, although they may

now find it convenient to shut their eyes and close
their ears to these unwholesome truths, the day will
most assuredly come when Austria and Prussia
will rue their present course, and regret their
monopolising the rights of others. They
have succeeded in alienating from themselves
the respect and sympathies of the nations of
Europe, and in the time of trial they will
find the full consequences of their isolation.
France will be an open foe some day, sooner or
later, and no Government in this country
will be able to outrage public opinion
by countenancing the despots of Germany.
When the momentous change of fortune comes we
shall find the full significance of the circulars of
Earl RUSSELL and of M. DROUYN DE LIIUYS. It
is impossible to do more than protest against the
measure in which the affair has been compromised,
but still it is put on record in the archives of diplo-
macy that the Ministers of England and France have
declared themselves adverse to the principle upon
which theGastein Convention is based, and this is so
far satisfactory now, and will be of service hereafter.
The terms in which Earl RUSSELL has expressed
himself are much the same in effect as those which
DROUYN DE LHUYS made use ;of the other
day, and if the Cabinets of Vienna and Berlin
have any prescient notions they will feel alarmed
at the tenor of these two circulars. They mean
mischief for the future, if not for the present, for
they distinctly declare that France and England do
not now sanction the course pursued by the Ger-
manic Powers, and from henceforth we may safely
infer that they will not receive the same support in
war, and co-operation in diplomatic matters, that
they have done for a long period.
Earl RUSSELL expresses the great regret
which her MAJESTY'S Government feel in the pre-
sent disposition of matters, and declares
that the " present convention only serves to
augment the regret expressed by her
Majesty's Government at this period." Certainly
it has been a step from bad to worse, because the
preliminaries of peace did not altogether destroy
the hopes that were entertained of the final inde-
pendence of the Duchies and their emancipation
from the control of the allied powers. Now the
last chance has been thrown away, and the most
sanguine cannot look for any amelioration in posi-
tion or prospects for these unfortunate States. In
the plainest manner Lord RUSSELL sets forth the
way in which the previous treaties have been ab-
jured by this new convention ; for, in the first place,
by the Treaties of 1815 the King of DENMARK
acquired a seat in the Germanic Diet as Duke of
HOLSTEIN, and the treaty of 1852 recognised the
right of succession to the whole of the Danish
monarchy constituted by the late KING. This treaty
has, however, been completely set aside, as the
noble lord affirms, " by Austria and Prussia, two of
the Powers who signed it, notwithstanding the
assurances given in the despatches of January,
1864."

The noble lord proceeds to comment on the
style in which the affair has been conducted,
and declares, with great truth, that it might
have been supposed that, at any rate the wishes of
the inhabitants of Berlin and the popular feeling in
Germany would have been consulted, and also the
opinion of the Diet considered, to which Austria and
Prussia so expressly alluded at the London Con-
ference. Thus one class of rights might have been
substituted for the other, and some chance of a final
arrangement been come to. But instead of this the
noble lord emphatically declares " all rights, old
and new," whether the agreement of Sovereigns or
the expression of the popular will, " have been trod-
den under foot by the Gastein Convention, and the
authority of force is the sole power which has been
consulted and recognised." This is undoubtedly
a most correct definition of the matter, and the clear
and concise way in which it is set forth is an addi-
tional proof to the skill of the noble lord in such
complicated affairs. At the same time, we must
deeply deplore that the Foreign Minister of England
should be powerless to do more than protest in such
an emergency as this. had he adopted a firmer
tone at the outset of the Schleswig-Holstein con-
troversy, how different would the result have been.
It is a disgrace to us a; the foremost people in the
world that Europe should witness a Convention
which can only be properly designated in Earl
RUSSELL'S terms, as being based solely upon
" violence and conquest."

It seems from the Australian intelligence that the
two Victorian Houses have agreed on addressing her
MAJESTY on the subject of the Colonial Defences.
The Australians can scarcely be suspected of an
unwillingness to exert themselves in their own
defence, and certainly they lack neither men nor
money to carry out their schemes. The address
recommends that £lOO,OOO should be devoted to the
immediate purchase of guns of the most effective
construction, and that the co-operation of the Im-
perial Government should be invited on the ground
that Imperial interests are so deeply concerned
in the trade and commerce of the Vic-
torian ports. The recent disturbances in
Europe and the great war in America seem
to have awakened the attention of the colonies, and
the wealth which they offer to tempt the invader
renders it prudent on their part to fortify themselves
against attack. In case of a war between England
and America, the Australian ships would be natural
prizes, and indeed a powerful nation at war with
this country might direct its attack against our
Southern colonies. Australia might thus find herself
involved in hostilities, through no fault of her
own, while on the other hand, if the connection with
the mother country were severed, her danger
would be tenfold increased. If England ren-
ders her on the one hand liable to suffer
from the consequences of a war, on the other
she protects her from real and positive danger.
Unlike most new colonies, Australia is wealthy and
prosperous. Her natural capacities are compara-
tively undeveloped, while her extent and climate
offer immense advantages. As CAMPBELL said
many years before gold discoveries were dreamed
of--

"As in a cradled Hercules we trace
The
rapidity
verified T h e lineso
tf h ehof e
pre
rmoppi rheeci
progressn t
than
doubt,
fostering
if she continues Y.'
that Australia has
h i na
sinceui i ahnte
there
eenca face."
has
be moren no
influence
of es under the beneficial and
future. She has sobienf
in her present state, Borne dangers
er a
one of
The separate colonies must gtoreat and powerful
which is
• •and local interests are sufferjealousies anhnsgtietrustional government,
avoid, however,
local jealous
take heed less - jealousy
prix ate
ed to interfere
with the substantial interests of the people. Again
the influence of the Jews, who endeavour to make
their own fortunes at the expense of all others,
must be especially guarded against in a community
like that of the Australian cities. We are glad to
find, from the last accounts, that the new Land Act
is in full working order, and has as yet fully
answered the expectations formed of it.
The squatters, who have - hitherto de- '
featecl every attempt to break up their
monopoly will no doubt encumber its action in
every way they can, and they may probably succeed
in regaining posession of a good deal of the land
allotted. There can, however, be no doubt that_a
great deal has been set free for the use of the