The Sun.
London, England, 1865-03-13 00:00:00

The Royal Society,

The first of the two canverswzioni given by Gene-
ral Sabine, as President of the Royal Society, took
place on Saturday evening at Burlington House, and
was honoured by the presence of the Prince of
Wales, and unusually well attended. The Prince of
Wales was attended by Lieut.-General Knollys,
Lieut.-Colonel Keppel, and Mr. Holzmann.
The rooms, brilliantly lighted, were crowded with
company, who appeared to appreciate the interesting
collection of philosophic instruments, apparatus,
working models, experiments, objects of natural his-
tory, and works of art, which impart to these scien-
tific gatherings an appropriate character. Among
the results derivable therefrom a highly important
one is the assurance that the makers of philosophical
instruments approach every year nearer to perfec-
tion. As good evidence in this particular we notice
the chronograph exhibited by permission of the
Secretary of State for India—an admirable instru-
ment, manufactured in Paris. It is one of two in-
tended to be used for the determination of longitude
in the great trigonometrical survey now carrying on
in India, and was constructed in Paris under the
superintendence of Lieut.-Col. A. Strange, F.R.S.
Its general arrangement is the same as that of the
chronograph in use at the Greenwich Observatory,
but with Foucault's governing apparatus instead of
a seconds' pendulum, and making the marks on the
cylinder by transmission of the electric spark through
the paper, instead of by perforation with a steel
pricker. It will be understood that the pair of chro-
nographs are used at stations any distance apart if
connected by telegraph, and the accuracy with
which the longitude will be determined and the sur-
vey made may be judged of from the fact that the
instrument notes the time to the 100th of a second.
It is fortunate that General Sabine's reception
afforded an opportunity for the chronograph to be
seen by a large number of persons who could
appreciate its performance, for when once sent to
India it will remain there permanently. It was
shown in operation, and explained by Colonel
Strange, who, with exemplary patience, stood by it
the whole evening. Mr. J. Browning showed still
further improvements in the spectroscope, remark-
able when one remembers that the spectroscope was
an unheard-of instrument five years ago. In the
collection exhibited by this maker we noticed the
Herschel-Browning direct-vision spectroscope for
geologists, tourists. and astronomers; and a model
spectroscope with eight prisms of extra dense glass,
and other optical instruments, and a new form of
level made for Alpine travellers, which is as port-
able and light as a pocket telescope, easy to use,

and shows the line of level to within about two feet
—quite near enough for all ordinary purposes. The
workmanship of Messrs. Elliott Brothers was well
exemplified by their Thomson's electrometer ar-
ranged for self registration, by Doering's levelling
instrument, and by an ebonite exploder which
showed the way in which guns or mines could be
fired from long distances. On the same table lay a
piece of the Atlantic cable now in process of manu-
facture, the lightness of which, as compared with
specimens of other cables, is remarkable. Gisborne's
patent electric apparatus for signalling in mines
and collieries was exhibited by the India-
rubber, Gutta-percha, and Telegraph Works Com-
pany (late Silver and Co.). Captain Selwyn showed
a pair of astatic needles, connected by a bar
of aluminium, constructed by himself, in which the
upper needle has no apparent North Pole, the lower
needle no apparent South Pole. Under the influence
of the electric current extraordinary effects are pro-
duced, and it is expected that the instrument will
prove useful in researches on obscure phenomena of
terrestrial magnetism. Harrison's newly-invented
pneumatic loom, in which the shuttle is, so to speak,
fired from side to side by an air-gun, was exhibited
by the Pneumatic Loom Company : and although
the working of the model was not so satisfactory as
could have been wished, it was deservedly recog-
nised as one of the most remarkable and important
inventions of the day.
Further illustrations of the early history of man-
kind by stone implements from Peitou and the
caces of Dordogne were shown by Mr. Evans,
F.R.S., and Mr. H. Christy ; and by Mr. A. Brady,
in his collection of similar implements from Den-
mark. A frontal and pair of horns of the ancient
bison of enormous size, with a tusk and bones of
an elephant, found 20ft. below the surface in the
line of the main drainage works at Camberwell,
were exhibited by the Metropolitan Board of Works.
Dr. Welwitsch showed specimens of the entomology
and native manufactures of Western Africa ; and
Mr. Silver a fine collection of insects and reptiles
from Japan.
Among works of art were twelve original
drawings by Bellini, Perugino, Bramantino,
Albert Durer, Claude Lorraine, Dumoustier, and
Lely, lent from the royal collection by permission of
the Queen ; a series of drawings by E. W. Cooke,
R.A. ; photographs of Turner's pictures, published
by Messrs. Marion and Co. ; paintings illustrative
of explorations in South West Africa, and a model-
of the Victoria Falls on the Zambesi River, by Mr.
Baines ; and Van de Velde's map of Palestine, *the
best map of that country hitherto produced, lent by
the Royal Geographical Society ; wood carvings, by
the Messrs. Rogers ; Chinese enamels and bronzes
of extraordinary merit, lent by ii r. Alfred Tylor ;
model of a 3,000 ton yacht building for the Pacha
of Egypt, and expected to be the fastest vessel
afloat, by Mr. Samuda ; ancient statuette of Venus,
supposed to be by Praxiteles, exhibited by Captain
Spratt ; statuettes, by J. Durham ; statue and bust,
by Edward Davis; bust, by Alexander Munro ; and
illustrations of the method of chromolithographic
printing, by Messrs. Hanbarts.
On the arrival of the Prince of Wales punctually
at half-past nine he was received at the foot of the
stair by General Sabine, the vice-presidents, and
principal officers of the Royal Society. His royal
highness was at once conducted by the president to
the room in which Professor Tyndall had prepared
his apparatus for his highly-interesting experiments
on invisible radiation and certain electrical pheno-
mena. By converging rays, which are absolutely
invisible to a focus, he sets fire to paper, thin sheets
of metal, and explodes gunpowder ; and at that
focus the Prince lit a cigar, from which he blew a
whiff. The royal visitor then inspected the chrono-
graph, while Colonel Strange explained its mode of
Dperation ; the spectroscopes, the flint implements,
the stereoscopic maps of mountainous countries, ex-
plained by Mr. F. Galton, the Chinese enamels, the
model of the Pasha's yacht, and ended his visit of
one hour by an examination of the pneumatic loom,
which was explained by the inventor. It is due to
the Royal Society to state that there was but little
of that extreme overcrowding which usually pre-
vails around royal personages on their appearance
in a numerous assembly ; and it was remarked that
a more animated or agreeable scientific gathering
has rarely been held.

The Stoppage of Attwood, Spooner, and

Co.'s Bank.

BIRMINGHAM, Saturday Evening.

The people of this town and the surrounding dis-
trict awoke this morning to hear of an occurrence
which is perhaps as great a calamity as has ever be-
fallen any locality. The stoppage of a bank must
be always attended with more or less of hardship,
disaster, and misery, but this is a case very far out
of the ordinary way in that respect. Here was a
bank occupying the very highest place in public con-
fidence, persons in almost every rank and station of
life resorting to it, and in countless instances con-
signing their all to its keeping.
When Birmingham retired to rest last night
very few persons had the slightest idea of the great
disaster impending. The morning, soon after day-
light, the sad news spread like wildfire ; the local
papers told the story, but people, unwilling to be-
lieve, poured into New-street to be convinced of the
truth. On the door of the bank the following was
posted :
" It is with feelings of the deepest concern and distress
we announce that, owing to circumstances over which we
have no control, we are compelled to suspend payment.
" Attwoods, Spooner, Marshall; and Co.
"March 10, 1865."

There was no longer room to doubt the occur-
rence of'the terrible disaster which rumour had told ;
the excitement and consternation arising from such
a blow may be imagined, the effect of it is to be felt
hereafter. It is yet too early to estimate it; but
the feeling of dismay spread abroad, depicted in
thousands of faces to-day, told of the anticipated
misery and ruin.
Between 9 and 10 o'clock this morning there were
signs 'that the news of the stoppage had reached
the district ; from the agricultural localities espe-
cially the early trains brought in hundreds, for in all
probability more than three-fourths of the neigh-
bouring population kept their accounts at Attwoods'.
Persons of every class deposited their money there
in countless cases, too, these were the hard savings
of the humblest. There were deposits in the bank
which had remained untouched for a generation.
Who would have dared to venture the expression of
a doubt as to the stability of Attwoods and Spooner?
Such was the tone of public feeling. In these cir-
cumstances it is needless to say that the ruin will be
wide-spread, and affect an immense number of per-
sons and interests. Ladies, and others of the sex in
lower stations, were a very numerous class of depo-
sitors ; trust moneys, the funds belonging to diffe-
rent societies, and many other instances might be
namedin which the amounts were deposited at this
bank. In The Sun of this morning it was stated that
the number of the depositors was 2,500 ; we have
reason to believe it was nearer 3,000. The highest
amount we heard of in any one deposit is £15,000 ;
but there was an immense number of very small
sums ; and people have gone on full of confidence,
placing their deposits with the firm, yet there can be
little doubt that the bank ought to have been closed
years ago.

The accounts of merchants, manufacturers, and
others of that class were not so numerous as they
were a few years ago ; many have been transferred
to joint-stock companies ; but there was still a suffi-
cient number of such accounts with this firm to do
an immense amount of mischief, and the inconve-
nience felt to-day was enormous, mitigated as it was
to some extent by the assistance afforded by the
joint-stock companies.
' Not the slightest indication was experienced of a
run on either of the other private banks, but all the
day the crowd remained in front of " Attwoods,"
gazing on the dingy walls, still seeming to doubt
whether the Old Bank, to which a sort of homage
has been paid for two or three generations—the
honoured name of which was a magical word trans-
mitted from father to son—had really closed. Far
into the evening the people lingered in front of the
building.
There were rumours to-day of cases of " peculiar
hardship," arising from the circumstance of
amounts of money being received at the bank up to

the last moment ; but these are not " peculiar" cases
they are of invariable and inevitable occurrence
when a bank suspends payment, so that whatever
may have been the faults of the firm there is no
blame which can fairly be imputed to them on that
account. It is right, too, to add that when the con-
templated arrangement for an amalgamation with
the Joint-Stock Bank was finally broken off there
was scarcely the delay of an hour in determining to
close the bank.

A meeting of the creditors has been called for
Thursday next; pending that we offer no opinion as
to the probable realisation. The petition in bank-
ruptcy was filed on behalf of Mr. Henry Marshall,
the only surviving partner.
In reference to the " large amount" withdrawn
by the family of the Attwoods, as stated in the cir-
cular published in The Sun of Saturday, it has been
rumoured that Mr. Matthias Attwood was the person
principally alluded to.

The Yelverton Marriage Case:

EDINBURGH, Saturday.

This case, which has been so tediously and resolutely
litigated on both sides, and in the courts of the three king-
doms, has reached 4 stage which is, at least, within view of
the final one. By an ancient rule of Scotch procedure, de-
rived from the Civil Law, it is competent for a party to re 7
fer the whole, or any part,of his case to his adversary's oath,
and even, after final judgment, it is still open to him to re-
fer the whole case, so long as the decree has not been ex-
tracted, so as to make judgment inoperative. The condi-
tion of the reference is that the party making it shall take
the consequences, and that the Court's judgment shall be
in terms of the matter sworn. The deposition so made is
not evidence to be weighed, either by itself or along with
the other proof in the case, but it is conclusive and com-
pulsory, even to the extent of overturning the previous
judgment of the Court. Accordingly when Miss Longworth;
defeated in the House of Lords, but yet having a near
equality of judicial opinion in her favour, referred the
whole cause to oath, she is presumed to have had
still the hope that by an appeal to her adversary's conscience
she would succeed. The case had been sent back to the
Court of Session to "apply" the judgment of the. House of
Lords, that judgment was in terms applied, but extract of
decree was arrested by recourse to this ancient form. The
reference to oath, it may be stated, is comparatively little
exercised in Scottish practice, and it is oftener used in
cases of debt than of status, but it is a well understood and
defined rule. The First Division of the Court in giving
judgment on the pursuer's petition yesterday unanimously
found that it was a competent remedy for her to ask, but,
with a little variation of opinion as to the nature of the
right to claim it, their lordships held that it was within
their equitable jurisdiction to refuse or grant it. It had been
objected by the defender that after final judgment of the
House of Lords the remedy was not available ; but the
Court again unanimously held that the House of Lords be-
ing also a Scotch Court of Appeal its decisions were sub-
ject to the ordinary rule, although on this point their opi-
nion was founded upon analogy rather than precedent. In
the exercise of their equitable jurisdiction their lordships,
as already reported by telegraph, refused the reference by
a majority of three to one. A brief outline of their lord-
ships' elaborate speeches will show the grounds of dif-
ference.

The Lord President said the reference was competent,
and was not, in his opinion, excluded after judgment of the
House of Lords. If allowed, it would conclusively fix the
status of the two parties to the action, according to the de-
fender's affirmative or negative of the oath. It would also
fix the status of others who were not parties to the case—
namely, Mrs. Forbes and her children by Major Yelverton.
It would be res judicata of all questions in this suit. The
status of Mrs. Forbes and her children, as the lawful wife
and legitimate offspring of the defenders, had been affirmed
by final judgment of the House of Lords in the ordinary
course of law. The defender's affirmation of this reference
would strip Mrs. Forbes and her children of her status as so
established, and this without any other evidence than the
defender's oath, or by his being held as confessed should he
decline to appear to be sworn. Their interests would there-
fore be seriously imperilled by such reference, and there was
no case on record in which a reference to oath had, in such
circumstances, been sustained. To allow the reference
would be to add a new feature and introduce a new canon
into the law of marriage: The reference to oath was of the
nature of a contract between the two parties, the one making
the reference abiding the consequence of the adversary's
oath. It was proposed to deprive Mrs. Forbes of her status
by a contract to which she was no party. He could not
favour a course by which the contract of the parties litiga-
ting might overturn the status of another who was not
here. It could not be done in her absence, and the ques-
tion was ought she be allowed to appear. It appeared to
him that this was not essential. Her interests had been
pleaded hero by Major Yelverton, no doubt, but still
pleaded, and the court were bound to protect her interests
against the peril of this deposition upon oath. This had
been a long, painful, and costly litigation, and it must have
been specially painful to Mrs. Forbes. The reference would
not include only a simple general question, but the defen-
der might be subjected to a long and harassing examina-
tion, requiring self-possession, composure, and sufficient
recollection, and involving many difficulties and perils.
The reference might involve a good deal of tedious litiga-
tion, to his cost and disquiet, and to the disquiet of Mrs.
Forbes. He had an interest to plead for her and hadpleaded,
and on all these grounds he (the Lord President) thought
the reference should not be sustained. It was said that the
reference might involve the defender in the- confession of
the crime of bigamy ; that he ought not to be called upon
to confess to his own guilt. He did not see any answer
that could be made to the production in a criminal trial
of the defender's own oath. But that was a nice and diffi-
cult point, and he did not rest his judgment on it. He
rested his judgment on the other matters to which he had
referred, and in consideration of which ho thought the
reference ought not to be sustained.
Lord Cunureunx concurred with the Lord President.
He pointed out the grave and vital consequences of a re-
ference to oath and the risks of leading to a perversion of
justice by sustaining the reference. He added,—There is,
undoubtedly, a conflicting element in the discretion which
we are to exercise. But the weight of it is much diminished
by the consideration that Miss Longworth ought not to
have required this remedy, for if she truly was married to
Major Yelverton she would have had no want of evidence
of it if she had not voluntarily omitted the solemnities
which the law and practice of the country have prescribed
of giving a patent title to the conjugal status. As a matter
of hardship she is not entitled to urge the position in which
her own admitted imprudence and impropriety of conduct
have placed her, when the interest came into conflict with
that of another lady who is not charged with any such im-
prudence or impropriety. Miss Longworth, if she entered
into a marriage in such a clandestine • manner as left her
without the usual evidence for establishing her title to the
status of a wife, voluntarily exposed herself to the risks
attending such a position.
Lord DEAS differed. He held that the reference to oath
was no more a contract than the contest of law was a con-
tract. If the result of that contest between these parties
had been the other way, the rights of Mrs. Forbes and her
children would have been affected. They were no more in-
volved now than they had been all along. The reference to
oath was a mode of proof to -which recourse might bo had
by a party when other modes had failed, or even in prefer-
ence to other modes. There were modes of marriage law-
ful in Scotland which, from the nature of the case, admit-
ted of no other kind of proof. If this reference were re-
fused, it.would come to this that many hundreds of Scot-
tish marriages would be incapable of being proved, and
that a man had only to marry a second woman with the
solemnities of the church to get quit of the first marriage
contracted without these solemnities. The law made no
difference between regular and irregular marriages in the
recognition of personal status ; both were equally under the
protection of the law and of the Courts, and was it to be
said that because a regular marriage had been entered into
they were not to inquire whether there had not been a pre-
vious irregular marriage ? The element of crime, he held,
did not enter into the case. It was the first alleged mar-
riage only that could form the subject of reference or in-
quiry ; it would be incompetent, he held, in the present
proceedings to inquire into the second marriage at all.
The right to refer, he held, was not absolute, but ought, in
his opinion, to be granted where there existed no suspicion
of collusion. There is (said his lordship), no ground
for supposing that hero. Everything shows the reverse.
The whole history of the case for years past shows that
Major Yelverton is most anxious to repudiate this alleged
first marriage and to hold by Mrs. Yelverton. There is
nothing to suggest to us that Major Yelverton is prepared
to admit on his oath a mariage with Miss Longworth which
did not take place. He has no interest to do that. His in-
terest is evidently all the other way. Ido not suggest any
doubt about his veracity if he were to negative the whole
reference; but, if ho were to affirm it, I should be most
clearly of opinion that it was the truth. If ho negatives it,
there is no harm to Mrs. Forbes or her children. It is only
if he affirms it that their interests are affected. Well, what
is the injustice ? Is it an abuse of the right of reference to
oath to ascertain the truth ? Is it injustice to anybody to
ascertain which of the two ladies is the lawful wife of
Major Yelverton ? It appears to me the injustice would
be to allow the second marriage to stand while there was
a first. The justice or injustice of the whole matter would
depend upon the truth, and Mrs. Forbes cannot say that the
law giving Miss Longworth her legal rights is injustice to
her. That would be a kind of injustice I could not com-
prehend. The result may, indeed, be very painful, but, as
Sir William Scott said in the Dalrymple case, " The Court
must discharge its public duty, however painful it may be
to the feelings of others and to its own."
Lord Arclmillan concurred with the majority of the Court.
The Solicitor-General, for the defender, asked expenses,
stating, however, that it was not intended to enforce them
in the event of the pursuer going no further.
The Lord President said that expenses must be granted,
though it was in the defender's power to abstain from en-
forcing the claim.

M.r.bampbell Smith, for the pursuer, moved the Couri

__,.----.

1

for an order to cite Mrs. Emily Marianne -Ashworth 6,
Forbes, otherwise named Yelverton, as a defender in the
action of declarator of marriage, and in the event of her ap
pearing to sustain a reference to her oath of the whole
cause, and also of the question whether, when she entered
into her alleged marriage with Major Yelverton she knew,
or had good reason to believe, that he had been previ"sil
married to the pursuer.
The Lord President—We cannot receive this minute"
There is no step after refusing a reference to the oath of
party. The case is done as regards this proceeding• Whe-
ther you can gat at us in another way is a different ques-
tion. (A laugh.) We have no power either to refuse or
grant this minute.
It is stated that it is the intention of the pursuer to *-
peal this jugdmentto the House of Lords—herfinal recourse'
in this final proceeding.