The Sun.
London, England, 1865-05-06 00:00:00

THE SUN, LONDON, SATURDAY EV ENING, MAY 6, 1865.

LAW INTELLIGENCE—(This Day).

COURT OF DIVORCE.
(Before the Judge Ordinary.)
SHAFT° V. SHAFTO.

This was a petition presented by the wife, praying for
dissolution of marriage, on the grounds of cruelty, deser-
tion, and adultery.

The respondent was a retired captain, and the petitioner
a lady of independent property.
The marriage having been proved,
Mrs. Shafto, the petitioner, was examined to prove the
desertion. She said—l was at Berwick-on-Tweed in 1861,
very unwell. My husband was with me for about 12
months. We had a house of our own there. In conse-
quence of the state of my health I went to consult Dr.
Simpson at Edinburgh. I wont with my husband's con-
sent, but he refused to go with me. He was then living
upon my means, with the exception of a small alldwance
from his father. A lady living in the town, then quite a
stranger to me, thought I was too ill to go alone, and she
accompanied me to Edinburgh. I resided at an
hotel two months in a very dangerous condition, but my
husband came but once to see me, and then he only stayed
about ten minutes. As I was informed mine would be a
long and tedious illness, I returned to Berwick. I got
there in August of the same year, and soon after my hus-
band told me he hadlet thehouse and that Imust remove. I
objected, but he told me he was master, and, I mustgo. I had
to remove in about two days although I was very weak,and
in a day or so after that the new tenants took possession of
our house. My husband told me to go to Gilsland in Cum-
berland, and that he would come to me. He did not. I
received a letter from him telling me that he had gone to
Norway, and that he would never see me more. 1 enclosed
it to his father, and implored him to come to me. He did
so, and in a very short time I left Gilsland with him for
his house in Carlisle, where I have remained ever since
except occasionally visiting my friends. I received
one letter from my husband in November, 1862, but with
that exception I have never seen him but once, and then
it was by accident, and he did not speak to me.
Harriet Manning said—l lived at Priory-grove, Bromp-
ton. A lady and gentleman also lived in the house, Mr.
and Mrs. Seymour. [A photograph of Captain Shafto was
here handed to the witness.] I identify this as the portrait
of Mr. Seymour.

Mr. Shafto, sen., proved the photograph to be that of
his son, the respondent.
The witness Manning was then asked to look at the pe-
titioner, and say whether she was the person living with
Mr. Seymour as his wife. Having done so she said she
was not.

Dr. Spinks said he proposed now to prove the adultery
at Southend if the court thought it necessary.
The learned Judge thought that quite unnecessary. The
allegations in the petition had all been made out, and he
should grant a decree nisi, with costs.
Dr. Spinks made an application for the custody of the
children.

Tho learned Judge directed them to remain with the
petitioner until further orders.

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)
SCENE LN COURT-EWINS V. WYATT.

This was an action upon a bond, Mr. Beard appearing for
the plaintiff, and Mr. Louis Lewis representing defendant.
Mr. Beard produced the bond, which was handed up to
the Court, and his Honour asked what could be the defence?
Mr. Lewis said that when the agreement was first made
it was in blanks, and certain words had been put in since.
His Honour—l shall not believe it.
Mr. Beard—Now, Mr. Lewis, you hear this statement.
Plaintiff—lt is utterly untrue. That agreement was
properly made out, and has not had a dot put in since.
His Honour—Look at the stamp on the back, Mr. Lewis,
and tell me how it could have been altered.

Mr. Lewis—Your Honour will see that I am only acting
up to my instructions. I have evidence in court to show
that considerable additions have been made.
A witness for defendant—And I can swear that all one
side was not in when the agreement was read over to me.
His Honour—Now, Mr. Lewis, you have your'duty to
perform, and I have mine. I have carefully looked at the
agreement, and if defendant and his witness get into the
witness-box and swear that additions have been made to
it, I shall commit them to the Old Bailey for trial for
perjury.

At this announcement the defendant quickly left the
witness-box, and went out into the body of the court.
Mr. Beard—You see, sir, that defendant declines to be
sworn now.

Mr. Lewis pointed out to the court that he was merely
the mouthpiece of his client, and had to obey his instruc-
tions. At the same time he wished to say, in justice to his
client, that he believed the bond was a good one, and all
properly made.

His Honour—Oh, certainly ; you have your duty to
perform, but I have a duty also to the public, and I shall
do it. Look at the bond.

Mr. Lewis—l feel, sir, that I must submit to a verdict.
Verdict for the plaintiff, with full costs.

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

CURIOUS CASE OF NEGLECTING TO MAINTAIN A WIFE.
—James Terrell was charged with neglecting to maintain
his wife, and leaving her chargeable to the parish of St.
Martin's.

When the prisoner was first brought before the magis-
trate the case was proved against him by Mr. Bowman, the
relieving officer of St. Martin's. He then declared with an
oath, that he would never contribute a farthing towards
his wife's support as she had not been faithful. He con-
ducted himself in such a manner that the magistrate had
some doubts as to his sanity, and remanded him for a
week that the state of his mind might be inquired into.
When he was being taken from the cells by Barns, the
gaoler, and Sherwin, the assistant-gaoler, he became very
violent, and broke from them andliashed his head against
the wall. However, he was at last got into the van. On
being brought up the following certificate was handed to
the magistrate -

" House of Detention.—l certify that James Turrell has
been in a low and desponding state since his admission,
and that he tried to commit suicide a few days ago. He
has shown no other symptoms of insanity.
" Wm. SMILES, M.D."
Mr. Leonard, the medical officer of the parish, with Dr.
Duncan, of Great Marlborough-street—the latter gentleman
being specially called in—examined the prisoner, at the
request of the magistrate, and both being of opinion the
prisoner was not in a fit state to go at large, the magistrate
discharged him, and Mr. Bowman took him to a cab in
waiting to convey him to Hanwell. As soon as the pri-
soner wes put in the cab a young woman wearing a profu-
sion of ringlets, and with whom the prisoner has been
cohabiting, tried to follow him, but was prevented, the
wife of the prisoner being present. The young woman,
however, followed in a second cab all the way to Hanwell,
making every effort to speak to the prisoner, and not for-
getting to abuse Mr. Bowman.

ing the home prepared for her mother, and that it was time
the prosecutor was married to save the remainder of his
property.

Other evidence against the prisoner was given, and Mr.
Partridge remanded her for a week to enable the police to
complete the case.

Fall of a Mill, Loss of Three Lives, and

Wonderful Rescue.

On Thursday afternoon a fearful catastrophe occurred in
Gaythorn, Manchester, a portion of the mill owned by Mr.
James Fernley having suddenly given way and buried four
workmen in the ruins. The mill is of very spacious dimen-
sions, being eight storeys high, and extending the entire
length from: Gaythorne to Finch-street. The building
was erected in 1817, we believe, as a cotton mill, and :was
partially destroyed by fire in 1848, since which period it
has been used occasionally for warehousing purposes, &c.,
and has undergone frequent repairs. Lately a part of the
building has been leased to Mr. Bentley, calenderer,
and was being fitted up with engines required in the
business by that gentleman. A Umber of men had been
employed on the building for some time past strengthen-
ing that portion of it which abuts on Finch-street, and on
Thursday a number of bricksetters and labourers were
occupied at this work, without any apprehension of the
fatal event that was to take place. In the afternoon there
were six men so engaged, two of whom had left for tea,
leaving four others behind. They were on the first floor
when, shortly after four o'clock, a dreadful crash took place,
and they were instantly crushed between the ruins of the
fallen building, which was rent from top to basement. A
large body of labourers were speedily set to work to
clear away the debris. The names of the men who
were missing are:-James Jackson, bricksetter, married,
but no family ; Martin M'Garry, labourer, married ;
Michael White, labourer, married, leaves a widow and six
children ; Denis Cluney, labourer, married. Many tons
of rubbish had been removed before any trace of the un-
fortunate men was found, but at 20 minutes to 8 o'clock a
jacket, which was identified, as belonging to White, was
come upon, as were also his tea can and the remnants of
seme bread and butter. About a quarter past 9 the body of
Jackson was discovered. The body was removed to the
Oxford-road Inn ; Jackson's watch was still going. Con-
tinuing their labour, the men at length heard the sound of
a voice, and it proved to be that of Denis Cluney. The poor
fellow told his name, and begged that some one would take
the weight from off his head. He was rescued, and removed
to the Royal Infirmary. Immediately after him the body of
Michael White was recovered, and that of M'Garry alone
remained beneath the ruins. The men were in the em-
ployment of Messrs. David Cochrane and Co., contractors,
of Gloucester-street. Four children, one of 10 months old,
who was in a perambulator and in charge of a little girl of
five years, narrowly escaped with their lives, as they were
close to the building when the fatality happened. Yester-
day morning, about nine o'clock, the body of the fourth
man, Martin MGarry, was recovered. Denis Cluney, who
was taken to the Royal Infirmary on Thursday night, has
since died. The inquest on the bodies of the four men
was to be opened yesterday afternoon before Mr. Herbert,
the city coroner.

Railway Traffic Returns for the Week,

Miles Opened.

Railways.

1865. 1864.
Belfast and N. Counties ..... lOO 100
Belfast and Comity Down 49 .19
Blyth and Tyne 2B 28
Bristol and Exeter l2ll 121}
Caledonian 2Bll 2621
Cambrian
Com. el mouth Ii & Penrlth
Cockermouth and Workin
Cork and Bandon 2O 20
Cork, Blackrock, & Passage 6i 6
Cornwall 651 65
Deeside • 17 17
Dublin & Belfast Junction.... 63 63
Dublin and Drogheda 75 75
Dublin and 31eath
Dub. & Wicklow and Wextd 9ll 911
Furness, &o 5O 5 ,
Glasgow & South-Western
Gt. Eastern,Nrf k.,&E. Union
Great Northern 404 365
Great North of Scotland 99 99
Lit. Northn. & Wes tn. (Irel.) 7ll 711
It.Southn. & Westn.(lrlud.) 38;1 4731
Great Western 1268 1225
flu!I & Hornsea
_ ___

Inverness & Aberdeen Juno 1171 1171
Inverness & Perth Junction 119} 119}
Irish North-Western 145 145
Kent Coast 27 27
Lancashire & Yorkshire 403 402
Limerick and Ennis... 241 24
Limerick and Foynes 261 26}
Llanelly 461 463
Llynvi Valley
London & North-Western 12741 12521
London and Blackwall at 61
London & South-Western
Lond. Brighton, &8. Coast 267/ 261 g
London, Chatham, & Dover 72} 724
Do. Metropolitan Extension 11/ 104
Lon., Tilbury, & Southend
lian.,Sheflieml, & Lincolnah
Manch. S. J un.& A ltrincham
liaryport and Carlisle - 28
Metropolitan
Midland (incl. N.-Western) 663} 611
Hid land Gt. Westn. of hind 262 264
lionkland 7l} 71/
lionmouthsh. Bail. & Canal 44 44
North British, Edin., Perth
and Dundee _

N-Eastern and Stock. tlt DarL 10:9
North London 9
North Staffordshire 251
Rhymney l9/
Scottish Central
Scottish North-Eastern l3B
Somerset and Dorset 66

Receipts.

ie.
18C5 1864.
1,986 1.8(.9
818 7 3
2,330 1,981
7,151 6,6 8
18,511 17,26
1,827 1,457
215
337 303
380 330
20 i 181
1,8.3 1.728
356 299
1,401 1.166
1,775 1.528
361 288
3,10 3.181
2,966 3.439
9,03 9,367
33,444 32,827
87,04 33,025
1,7t4 1,649
704 555
9,869 8.881.
71,3 0 6 ',277
106

1,694 1,376
3,. 35 1,361
1,899 1,83)
1,2..0 b3O
38.546 37,513
287 191
166 35
950 685
461 441
111,492 103,9,0
1,893 1,859
27,11 3 22.132
22 649 17,899
5,963 5,331
2,20 1,400
1,666 1,411
18,231 17, 22
1,439 1,338
1,451 1,605
2,745 2,4.415
45,8 5 46,761
5,552 5.467
1,539 1,63,
2,897 3,049
23.495 21,301

South Devon

South-Eastern 3OB
Taff Vale 57

60,5..7 88821
3,339 3,.530
7,928 8.808
1,,41 1,037
5,763 5,574
5,350 5,186
1,068 c 5.
751 4.281 3,664

1095'
9
251
MI
213
138
66

Ulster los}

Vale of Clwyd
Waterford and Kilkenny 3l
Waterford and Limerick 77
West Cornwall 27i

22,3:35 20:411
6,539 5,b38

W.llaztlepool liarbr..tßail iii
W'haven,Cleator,& Egrnant 10
Whitchaven Junction l3
Whitchaven & Furness Jun 35
FOREIGN AND COLONIAL.

Austrian B2B 823
Bahia and San Francisco'.... 701 761
Belgian Eastern J unction.... 264 261
Bombay, Baroda, & Len. India 306 1851
Detroit and Milwaukie lB9 189
Dutch Rhenish lOBl 1181
Eastern 01 France 1176 14Y3
Eastern Bengal ......
East Indian
Grand Trunk of Canada 1377 1335
Great Central of Belgium 295 2-2
Great Indian Peninsula 590 5531
Great Luxembourg 134 134
Great Southern of India
Great Western of Canada 345 3i5
Madras • 571 448

French Theatricals.

GRAND OPERA.—The posthumous opera of
Meyerbeer, " L'Africaine," has, as our readers are
aware, at length made its appearance, after years
of anticipation and delays utterly unexampled in
operatic annals. Its production must be admitted
to have been attended with the greatest disadvan-
tages ; no work, however, great its genius, could
possibly withstands the detrimental effects of the
" puff preliminary," so constantly resorted to in its
behalf ; for the last five-and-twpity years not a
season has passed without a flourish of trumpets in
honour of " L'Africaine ;" and the natural result,
whilst it has been to stimulate public curiosity, has
also been to rouse public expectation to such a pitch
that disappointment was nearly ine% itable. When we
add that Meyerbeer's invariable practice was to finish
his operas whilst they were in the course of rehearsal,
and that this, his last performance, lacked the ad-
vantage of the master's eye and the master's hand, it
cannot be felt surprising that though containing
many beauties worthy of Robert le Diable and Les
Huguenots, L'Africaine cannot be set down as a de-
cisive and unquestioned success. As for the libretto,
it will be sufficient to say that there can be no dif-
ference of opinion about it ; it is the dullest, Most
absurd, prosy, and dreary affair that can be im-
agined. We will not inflict on our readers a minute
description of the plot. The hero is the Portu-
guese navigator Vasco de Gama, who discovered
the passage to India round the Cape of Good Hope,
and the whole interest of the story, such as it is,
lies in his passion for two ladies—one, Ines, who
is the daughter of a Portuguese grandee, the
other a sable beauty called Selika. Both Ines
and his dusky inamorata embark with Vasco
in quest of the " South-East Passage." A storm
comes on, which naturally affords an opportunity
for a prayer and chorus, and at length the ship (a
section of whose deck is represented by the stage)
strikes on the -inhospitable shores of Madagascar.
After landing, Vasco marries Selika, and is likely to
become a Madagascar chieftain, when Ines, who has
disappeared after the wreck, is once more intro-
duced. Vasco immediateiy ceteris agn oscit vestigia
fiammx—their mutual passion burns more fiercely
than before, and Selika, finding her life is the only
obstacle in the way of lovers' happiness, obligingly
removes herself by lying down under the deadly
shade of the upas-tree, and in a plaintive melody
warbles her soul away. On this canvas Meyer-
beer has composed one of his elaborate parti-
tions. It is, so to speak, overladen with music,
and it is impossible not to suppose that, had the
great master been spared to bring out the work
himself, he would have reduced the exuberance
with a more unsparing hand than any " musical '
executor" would dare to venture on. Thus the first
three acts, though there is much that is admirable
in all three, produce rather a feeling of exhaustion,
and the hearer, when the real beauties of the fourth
and fifth acts challenge his wearied attention, is
hardly in a condition to appreciate them. The mor-
ceaux which appeared to produce most impression
on the audience were the finale of the first act ; in
the second, a duet, admirably sung by Mme. Marie
Saxe (the Africaine) and M. Faure ; in the third
(the famous ship scene) there is a fine chorus, and a
song of M. Faure's, and in the fourth and fifth acts
there is hardly a measure that does not tell. One or
even two hearings are not sufficient to enable one to
form an opinion of its merits—•indeed, we think
that to pronounce absolutely on the merits or de-
merits of a work which has cost a composer such as
Meyerbeer years upon years of labour, savours
somewhat of impertinence. But of one fact there can
be no doubt—that the general effect it has produced
is not that which was created by the " Huguenots,"
" Robert le Diable," or the " Prophete ;" whilst
some fanatic admirers of Meyerbeer describe every
note in it a chef d'cruvre, others irreverently pro-
nounce it to be a dead failure. This indiscriminat-
ing praise appears to us as far from the truth as
the equally sweeping censure is unjust—but it
will clearly require some time before the music will
secure a firm grasp on the public, and his last, as
we have intimated before, cannot be regarded as
Meyerbeer's greatest work. On the first night
the performance closed with a display in very
questionable taste. A bust of the matter was
brought on the stage, crowned with evergreens,
and all the strength of the company waved palm
branches over it. This was called in the bills an
apotheosis ! The artistes discharged their parts ad-
mirably ; Naudin and Mlle. Battu (Vasco and
Ines) are hardly well suited in their parts ; in the
fourth act, however, Naudin had one impassioned
burst which " brought down the house." The
honours of the evening were for Mme. Marie Saxe,
who revealed herself a great artiste; Faure's per-
formance is also excellent. The scenery is very
grand, but the "ship scene" is a mistake, and its
elimination would be a decided improvement. -
ITALIAN OPERA.--The director of this house
has determined to close the season brilliantly. He
has brought out a little divertissement, with smart,
crisp, and pretty music, graceful ballerine, and
M. Gredelue, a male dancer—an institution
against which we protest as a rule—whose agi-
lity is something perfectly wonderful. He is never
still for one moment, and seems the embodiment of
motion upon two legs. This little ballet made a
decided hit: Its title is " Don Zeffiro.

LYRIQUE.—The production of a work by such a
master as Verdi is always an importont event in the
musical world, and the friends of the composer were
sure that " Macbeth" would prove a triumph.
Verdi had already achieved a success with " Rigo-
letto ;" but there isle vast difference between the two
pieces : in "Rigoletto" there is love and jealousy;
in " Macbeth" ambition and remorse, and the music
of Verdi has failed to portray these two pas-
sions, which are ill suited to the talent of the
master, and which should be left to tragedy as
too cold and unimpassioned for song. There are
undoubtedly many fine passages in this opera, and
we may specially mention the scene in the 4th
act, where Lady Macbeth walks in her sleep dis-
turbed by her crime. It is here alone that the
talent of the musician rises to the dignity of the
subject and the genius of Shakspeare. The role of
Lady Macbeth was filled with signal success by
Madame Rey-Balla, whose correct singing com-
pass of voice, and tragic acting won for her the
honours of the evening. Ismael, as Macbeth,
rendered his part with intelligence and effect.

DARING ROBBERY.--A deliberately planned bur-
glary took place on Wednesday night on the pre-
mises of Mr. J. H. Allis, jeweller, of Albion-chambers, Small-
street, Bristol. These chambers are principally occupied
as attorneys' offices, and although they form a thorough-
fare between Broad-street and Small-street they are pri-
vate property, and at night the entrances from both
streets are locked up by a porter who has charge of the
premises. The shop of Mr. Allis faces the small-street end
of the chambers, and there is an entrance to it both from
the street and the chambers. No person resides at the shop
or in the offices over it. On tho shop being opened at the
usual hour on Thursday morning it was found that two cases,
containing gold chains, pencilcases, &c., had been emptied,
and the contents carried off. The mode of ingress to the
shop was similar to that adopted in tho Cornhill and other
jewellery robberies in London.-A rope was found hanging
from a round hole in the ceiling, about a foot in diameter,
which had been cut from the floor of the office of Mr. Levitt,
solicitor, which is directly over Mr. Allis's shop. All the
doors and shutters of Mr. Allis's premises were found secure,
as they had been loft the previous night, but it was found
that the door of Mr. Levitt's office was open, and that the
lock had been picked. It would seem, therefore, that tho
thieves must have secreted themselves in Albion-chambers
before the gates were locked on Wednesday evening, and
that during the night they got access to Mr. Levitt's office,
made the hole in the ceiling before described, and thus de-
scended into Mr. Allis's shop by the rope, returning by the
same means. Soon after the gates of Albion-chambers were
opened' on Thursday morning the porter observed three
men come suddenly in view from the Small-street side.
His attention was excited, and he was induced to try the
doors of Mr. Allis's premises, but finding them all safe he
took no further notice till the robbery was discovered.
Fortunately a large stock of gold and silver watches placed
in three powerful safes was undisturbed. The value of the
property stolen is estimated at about £l5O. From the de-
scription of the men seen by the porter, the police believe
they have a clue to the burglars, and that they will soon
have them in custody.
The course of exchange at New York on London for bills at
60 days' sight is about 249 per cent., and the premium on
gold 127 per cent. At these rates there is a small profit on
the importation of go'd fr,.m the United States.
By advices from Hamburg the price of gold is 425 per miler!,
and the short exchange on London is 13.6 k per .C 1 stcrabonni
Standard gold at the English Mint price therefore,is,,
-10ths per cent. dearer in London thi.r. hamburg.