The Sun.
London, England, 1862-06-17 00:00:00

THE SUN LONDON, TUESDAY, EVENING, JUNE 17, 1862.

month it has been rumoured that a black brigade,
destined for service in Virginia, was in process of
secret organisation in this city, though nobody knew
the place of rendezvous or the white men who were
at the head of the movement. It turns out that
the rumour was correct ; that the Black Brigade,
or Regiment, numbers already about 800 men ; and
is to be commanded by a white colonel and white
captains. But among the many peculiarities of
this war, not the least remarkable is the erro-
neous estimate which the North has formed of
the Southern negroes—individually and in the
aggregate. It has scarcely entered into the calcula-
tions of any one that, if black armies are raised to
support the Federal cause, they may be opposed by
black armies in support of the Confederates, and
that black may fight as deperately against black as
white is fighting against white in this unnatural
contest. The Southern people allege that they are
certain of the attachment and honesty of their
slaves ; and the Northern generals are for the most
part so distrustful of the fidelity of the negroes that
bring or pretend to bring information to their
camps of the movements of the enemy that they
discourage their visits, disbelieve their statements,
or treat them either as spies or prisoners. Ninety-
nine people out of a hundred, whatever may be the
colour of their skin, take their opinions from the
mass around them. The Northern negroes are for
this reason Federals ; the Southern negroes are for
the same reason as decidedly Confederates. A pro-
position which was first made in a Richmond jour-
nal for the immediate levy of a negro army of
10,000 or 20,000 men, to oppose either the "Yan-
kee niggers" that may be brought into the field or
the Yankees themselves, has met with the general
approval of the South. if such an army were raised,
and commanded by white Confederate officers, it is
the opinion of the Abolitionists here that it would
strike for its own freedom and for that of its race,
or desert on the battle-field. But is not this opi-
nion founded in misconception of the negro charac-
ter ? Hitherto the whole experience of the war
supports the view that, as a rule, the Southern
negro is warmly attached to his master, and that he
would not only obey his orders with the utmost
faithfulness and docility, but fight for him to the
last extremity. And should the war last for another
year, or be protracted far into the present summer,
it will not surprise those who know the negro
character best to learn that not 20,000 negroes only,
but 100,000 have been enrolled in the South, and
that they will hate the " Yankees" quite as intensely
as their masters do, and fight against them with as
much determination.

A FRENCHMAN'S ACCOUNT OF THE

EXHIBITION.

The Ultramontane journal, the Monde, has an
article from the pen of M. X. de Fontaines on the
Exhibition, occasioned by the manner in which, as
he says, French products are disposed of at the
Exhibition:— bition

" The jealous meanness of the English has refused
it space, and in this respect France is .undeniably
the worst off. The finest glass cases have hardly a
little space between them, which makes it difficult
to move, and cuts off the view of the masterpieces
of art which they contain. The objects of British
art in precious metals, which are mere caricatures
in many instances, are allowed a vast space, that
people may admire their wretched execution, while
the productions of our own artists, whose finish,
elegance, and distinction are known, are thrown
together in a bazaar without air or light. All is
given with regret as to one's enemy, whom one
receives against his will. Received in France with
the politeness and urbanity which characterise our
country, the English wish to appear in the eyes of
strangers our superiors, by thus treating us with
an indifference and carelessness of which one can
have no idea. They fear France, and pro-
fess for her an antipathy which nothing can
hide. We are their rivals until such time as they
force us to become their enemies. What will be
the end of it ? Time will take upon itself to answer.
Meantime they profit by us in their own country,
and, what is worse still, they do it also in ours."
Such, the Monde observes, are the impressions of
the whole of the visitors to the Exhibition, not
merely 'French, but foreigners. Yoliteness, good
behaviour, hospitality, are qualities unknown on
the banks of the Thames." It was not for the
general interest that nations were convoked to this
great industrial meeting, but merely "to show to
the world their resources and their products, and
to do business. It was, therefore, quite natural to
shut as much as possible the Great Exhibition to
the only people from whom they feared compe-
tition."

Finally, the Monde observes—
" What passes in London should not astonish
people. We will say more—people must have ex-
pected it. But what does astonish as is, that a
nation like France allows herself to be treated so
unceremoniously. What was the good of appoint-
ing Commissioners and sending them to London to
represent our country and defend our interests P It
was worth while, forsooth, to get a bazaar without
air, without space, without a seat, and often without
light !"

BURSTING OF THE FLEET DITCH.

7'HE CORONERSHIP FOR MIDtTESEX.

Yesterday a special meeting of the magistracy of
the county of Middlesex was held at the Sessions-
house, Clerkenwell, to consider the assignment of
one of the districts of the county to any one holding
the office of coroner in the county.
Mr. POWNALL, the chairman, having stated the
reasons for his having called the special meeting,
which was one of no inconsiderable importance, said
that in 1839, on the death of Mr. Stirling, he moved
that the county should be divided with respect to
the office of coroner ; but the authorities did not
think it necessary, and subsequently a bill was
brought into Parliament and passed, by which coro-
ners were empowered to appoint deputies, and
thereby the freeholders were ousted of their right of
election. If the labours of the office were such that
it was necessary to appoint a deputy, who received
but a small salary to perform half or more of the
duties, what stronger proof could be adduced as to
the desirability of division of the district ? Mr.
Wakley, with all his zeal, talent, and experience,
had to appoint a deputy, and that showed the ne-
cessity of a division of the district. The division
would be highly conducive to the interests of the
public, and he felt bound to express his gratitude
for the gracious compliance with the memorial of the
Court, and also his obligations to the Lords of the
Privy Council for the ready attention that had been
paid on his visits to them in reference to this mat-
ter. The opinion of the law officers of the Crown,
the Attorney and Solicitor-General, had been taken,
and they considered that the Court could Snot assign
a division to Mr. W. J. Payne, Coroner for the
Duchy of Lancaster, as a coroner for the county.
The writ could not be issued until the Court had
done something, and it was therefore to determine
what course to take.
The Coronership of the Eastern Division of the
county was, on the motion of Mr. Armstrong, se-
conded by Mr. Bateman, assigned to Mr. John
Humphreys.
A memorial from Mr. J. Payne, Coroner for the
Duchy and Liberty of Lancaster, asking, as one of
the coroners acting in and for the county, to be
appointed to one of the sup-divisions, was laid
before the Court.
Mr. PAYNE was allowed to speak in support of
his memorial. He said the question lay in a mere
nutshell, and it was whether the Court could not,
under the sth section of the Act, assign one of the
vacant divisions to a person holding the office of
coroner in the county, and he contended that,
though he held his office by letters patent from the
Crown, as coroner for the Duchy and Liberty of
Lancaster, he was a coroner for the county in the
true meaning and construction of the Act, and the
Duchy was part of the county, therefore he was a
coroner of the county, If he was not a county
coroner, why were his fees paid out of the county
rate ? They were not paid out of the revenue of
the Duchy.
The CHAIRMAN said it appeared to him that Mr.
Payne could not be recognised as a coroner of the
county.
Mr. PAYNE said, not as a county coroner, but as
a person holding the office of coroner within the
county, he made his claim; and by the words of
the Act the term " county"
comprehended " liber-
ties, divisions," &e. He maintained, therefore, that
he was one of the coroners of the county. He thanked
the Court for having heard him.
After some discussion, the following resolutions
were submitted-to the Court, and approved:—
Proposed by Mr. Alderman PHILLIPS, and se-
conded by Mr. HARVEY LEWIS, That Mr.
Payne's memorial having been read, with the
opinion of the Attorney and Solicitoz-General, re-
solved, that Mr. Payne not being a coroner of the
county within the meaning of the Act of Parlia-
ment, this Court has no power to assign to him
either division of the county to act as coroner in
either of such divisions."
Captain MORLEY proposed, seconded by Mr.
FAULCONER—" That, acting on the opinion of the
law officers of the Crown, the application of Mr.
Payne for a district to be assigned to him be re-
fused." That resolution, Captain Morley said,
would bring the matter to an issue, as Mr. Payne
could apply for a mandamus.
On the motion of Mr. H. LEWIS, M.P., seconded
by Mr. ARMSTRONG, it was resolved, "That a copy
of the case submitted to the Attorney and Solicitor-
General, together with their opinion, and a copy of
the resolution of the Court should be forwarded to
the Lord Chancellor, with a letter from the Court."
There being no other business to dispose of, the
Court adjourned.

LAW INTELLIGENCE.—June 16.

COURT OF COMMON PLEAS.

(Sittings in 13ftnco, before Lord Chief Justice Erle,
and Justices Williams, Willea, and Byles.)

HENNEDYV.BROUN AND WIFE-TILE SNVINFEN CASE,

This case was partlyheard on Thursday last. The
plaintiff, a barrister, had acted as professional ad-
viser of Mrs. Swinfen in reference to the suit in
which her title to the Swinfen estate was estab-
lished, and in other matters, and he now claimed
to recover £20,000 upon an " account stated" be-
tween them, the account being based upon the
services which the plaintiff had rendered. At the
trial he recovered a verdict for the £20,000, but the
question now was whether a rule should be made
absolute to enter a verdict for the defendants, or
for a new trial.

Mr. Kennedy appeared in person to show cause,
and Mr. Macaulay and Mr. Field to support the
rule.

Mr. Kennedy, in continuing his argument, said
that it was necessary to the understanding of the
case that he should enter into the previous history
of it. It had been alleged that he in the first place
introduced himself into the case, and that the de-
fendant having been anxious at one time to accept
the compromise which was offered to her, he strongly
urged her to resist it, and expressed great anxiety
to undertake the case gratuitously, and in fact—to
use an expression of the adverse counsel—that he
had "insinuated " himself into the case. Then,
again, all promise of remuneration which he had
deposed to had been distinctly denied. It was
admitted that he rendered service, such as it was,
but that having received £162, the costs allowed
them from the other side, there was nothing now
duo to him. It had been alleged that he induced
the defendant to come up to London in order to
obtain a deed from her, and that having got her
there, he requested her to give him a grant of the
reversion of the estate, for the purpose of his borrow-
ing £2,000 ; and that
when she objected to this,
because she might die in debt, and leave nothing to
her relations, he proposed that two sums of £lO,OOO
should be excepted from the grant—one amount for
her debts, and the other for her relations. She said
that, overcome by his importunities, she executed the
deed; in fact, that he obtained it upon this fraudulent
pretence, and that a long time after, and when she
was going to be married, and demanded it back, he
refused to give it up. It had been alleged likewise
that he made a fraudulent attempt to obtain a will
from her at the same time. Of course these were
very serious charges, and if they were true, then
instead of standing there h e ought to have stood
in a court with a different jurisdiction. nut, how-
ever, no such proceedings were taken against him ;
and he distinctly refused to give up the deed, main-
taining that it had been honestly given as a reward
for services rendered. He was himself the person
who sought redress ; and he said this because one
would be led to judge from the numerous attacks
which had been made upon Lim in the newspapers
and elsewhere that he was a sort of criminal against
whom proceedings had been taken, instead of being
a plaintiff seeking his own rights in a court of law,
instead of being himself the party aggrieved and
injured. He should be able, without the least diffi-
culty, to show that there was not the slightest foun-
dation for any one of these pharges ; whilst, on the
other hand, he was prepared to prove that the de-
fendant 'who made them herself committed at least
20 pieces of perjury, for each of which she might be
convicted, This was perjury not proved by his evi-
dence but by her own letters, and by evidence. He
thought that when they considered the whole of the
circumstances under which the false charges had
been made against him, their lordships would think
that he should be failing in his duty to the public if—
The Lord Chief Justice wished to be allowed to
draw the attention of the learned counsel to this ;
that the present rule involved the discussion of a
legal point, and the attention of the court was en-
tirely removed from any question of fact. They took
it to be found by the jury that the evidence Mr.
Kennedy gave was true; but notwithstanding its
truth the question of law was raised, whether a count
upon an account stated could be held to give him a
right to support the verdict. As to a new trial upon
the ground that the verdict was against the evi-
dence, that was entirely ancillary to the question of
law, and turned upon this, whether the jury could
find the substratum for an account stated. The
question, therefore, as to the credit due to the state-
ments of the opposite party would be irrelevant to
the question to which their minds were directed.
Mr. Kennedy said that the counsel for the defen-
dant brought before the attention of this court divers
pieces of evidence tending to prejudice his charac-
ter very gratuitously in the opinion of the court.
First he referred to a letter written by m (Mr.
Kennedy) about Lord Chelmsford and Sir C. Cress-
well, and he distinctly said that that letter was
read to show his character as a witness as contrasted
with that of the defendant.
Tho Lord Chief Justice repeated that he had his
mind concentrated upon the question that he had to
answer by his judgment. He was very well aware
of the extreme importance of observations as to

character, but for the practical result of the argu-
ment the learned counsel would bear in mind what
he had just said as to the point upon which their
minds were concentrated.

Mr. Kennedy was anxious to explain the letter
which he had written. He regretted altogether
having written that letter, but at the same time it
was capable of explanation, and certainly it did not
lie in the mouth of the defendant to impeach him
upon account of having written that letter, and of
the proceedings which he took against those emi-
nent persons at her instigation. He would now
proceed to unfold the original contract entered into
and which was the foundation of these proceedings.
Casting aside the statements of the defendant upon
that point which were disbelieved, he would state
what, according to his evidence and the letters of
the lady herself, was the true story. In the begin-
ning of April, 1865, he was staying at his cousin's
house at Shenstone, three miles from Lichfield, and
on coming out of church on Sunday morning he met
Mrs. Lechrean, a friend of the defendant, and she
requested him to go and see the defendant,who was
in a sad way in consequence of what had taken
place at Stafford. Not a single word had been said
by him to her previously; and his daughter had
been at Mrs. Swinfen's house twice before, therefore
be would have had no difficulty in pushing himself
into the case if he had desired to do so. His reply
was that he would go to Mrs. Swinfen's if invited,
and having been invited he went,, and was asked by
Mrs. Swinfen as to the power of counsel to compro-
mise a suit. He said that he thought that counsel
had no such power, but he dissuaded her from pro-
ceeding. She requested him to see her attorney, Mr.
Simpson, with whom he happened to be intimately
acquainted. In two or three days he called upon
Mr. Simpson, who showed him some opinions that
the compromise was binding, but he asked him to
look into the law upon the subject for him as a
friend. He did not again go near the lady, but a
fortnight after he sent Mr. Simpson a long opinion
upon the question whether counsel had power to
compromise. He never saw the lady again until the
9th August, nor did he communicate with her upon
the subject at all until after the argument in this
court upon the first rule for an attachment upon
11th June. The lady then wrote to him, and he
simply wrote to her in answer, saying that he was
sorry for what had taken place, and that he sup-
posed she would acquiesce in it, and being about to
have some private theatricals in about a fortnight,
he said that he should be glad to see her, and that
some ladies were coming from her own neighbour-
hood. He thereupon received from her this letter
on the 20th June, "You see by the decision of Jus-
tice Cresswell and the other two judges that the
infamous compromise at Stafford is made binding.
If I now find that they can only take my person and
not touch my property, to prison I will go rather
than submit to the tyranny of unprincipled men. I
am quite resolved on this point, and I hope in this
case that good may come out of evil. The case will
become too public then to be hushed up. My spirit
is raised by the injustice done me, and I feel I can
endure any privation in order to expose men, whose
duty it was to uphold justice, instead of arresting
the course of it. Mine is a hard battle, to fight
alone with such men for my opponents, but my
heart does not fail me. Many thanks for your kind
offer, but lam afraid I cannot leave home." This
showed her feeling, but he wrote advising her to
submit, and she replied, expressing surprise that
he should advise submission after giving the opi-
nion that counsel had no power to compromise.
Afterwards she visited him at his house at Lea-
mington, on the 9th of August, and she then un-
folded to him a certain project of Mr. Simpson,
which fact she did not admit in her evidence, though
it clearly proved his case, that it was not he who
was stimulating her to resistance. Mr. Simpson
had conceived a project of a most insane descrip-
tion ; he advised her to go abroad in order to avoid
the process of this court, to borrow £l,OOO from her
friend Sir Henry Durrant, which was to be given to
Mr. Simpson to carry on legal proceedings against
the tenants. He conceived that he should be able
to recover the rents, prevent the other side from
getting an attachment, by which means he would
wear out their opponents and defeat the compro-
mise • and this scheme she was about acceding to.
He (Mr. Kennedy) at once said that it was absurd
and mad, and told her that the Court of Chancery
would stay the proceedings against the tenants, and
that she would have to come back, would have to

pay costs, and would be disgraced in the eye of the
public. She stayed four days and talked about this
project all the time, but he advised that she had
much better accept the compromise than adopt the
course suggested. The lady had a great deal of
common sense, and he succeeded in persuading her
that his course was the better one of the two. Be-
fore he left she told him that she should like very
much that he should be her counsel, and that he
should see Mr. Simpson. He promised to do so, but
after she had promised 'to take his advice he was
surprised to receive from her a letter a day or two
afterwards, in which she said, " After two sleepless
nights and also consulting some friends, I have
come to the resolution to retire from the contest,
and • to give up further resistance ; the reasons I
will confide to you when I have the pleasure of
seeing you. I have not come to this resolution
without much thought and painful reflection." " Let
my enemies enjoy, if they can, the possession so
harshly and illegally got. God will, I hope, pro-
vide for me such happiness and enjoyment as my
conscience can approve and be grateful for. I shall
ever have the proud satisfaction of having done my
duty to those who are gone."
The Lord Chief Justice—The whole of this only
show s in detail that you were appointed to act as
her counsel and legal adviser.
Mr. Kennedy—There were many other little
things to show. In answer to that, he sent his
daughter over with an envelope containing only the
word " pause." He received a reply thanking him,
and saying, " My proud spirit revolted at the mere
thought of being made an easy victim of treachery
and injustice ; but from an interview I have had
with a friend, I am led to believe that if I go on I
shall be ruined. I then asked myself if the dead
could speak how far they would wish me to go on
with the matter, and I fancy hearing them say,
' Stop here.' " He wrote her a letter, rebuking her
for vacillation, and he believed that he told her
there would be no harm in trying one motion in the
Court of Chancery for an injunction; and in reply
he had a fragmentary letter, in which she said that
she never looked for any other benefit than to ex-
pose Sir F. Thesiger's conduct, and to correct the
many erroneous reports circulated at different times
in the papers; and this done, she felt that she could
take leave of the place calmly and without grief,
where she had suffered so much pain as well as ex-
perienced so much pleasure. He called attention to
this because he had been accused of having driven
her into proceeding against Sir F. 'Thesiger; and
one of her charges was that he was continually ask-
ing her to leave her home; whilst, in fact, she was
constantly saying that she desired to leave the place.
In her letter she also expressed some want of con-
fidence in the " pilot who steered her bark," and
when he asked her to explain,. this she said that a
friend had told her that Mr. Simpson was a vindic•
tive man, and that if she did not act accord-
ing to his opinion he would ruin her.
He (Mr. Kennedy) treated this as absurd, and-
afterwards he had an interview with Mr, Simpson,
who fully agreed with him in what he suggested.
On the 10th of September she wrote saying that
' she intended to make an application to the
Court of Chancery, and wishing him to act as her
leading counsel; and in a subsequent letter she
complained of Mr. Simpson's delay, and desired to
have some superior person in the case. It was in
consequence of what she and Sir Henry Durrant
said that he was induced to make the absurd charge
against Sir C. Cresswell and Lord Chelmsford,
which he now so deeply regretted, because it was
founded on falsehood. He had written to Lord
Chelmsford expressing his regret. The lady stated
that Lord Chelmsford said to her, at the private in-
terview at Stafford, that he had a communication
from high quarters that the case was going against
her, and she had better save something from the
wreck ; and he must say that if Sir C. Cresswell
had said so, and Sir F. Thesiger had acted on it, it
would have been an illegal act on the part of both.
He said to her, "This is a very serious charge—is
there confirmation of it ?" and she replied that Sir
H. Durrant and Mr. Cole had heard it. He had
Sir H. Durrant brought up to town expressly to
see whether he would confirm this statement, and
he said it was true; and he (Mr. Kennedy) then
advised that the matter should be brought forward
as a substantive matter, impeaching the validity of
the contract. He could look their lordships in the
face and say that he believed he acted honestly,
and did his duty as counsel, when having a state-
ment made to him by his client, whom at that time
he believed to be a virtuous and highly honourable
person, and having her affidavit confirmed by Sir
H. Durrant. The question was whether, believing
these statements, he was to shrink from supporting
them because they were denied by three eminent
persons, and that question he had to consider sud-
denly, for their lordships knew that the affidavits
of the three counsel were suddenly put into his
hand whilst he was conducting the case in this
court. The question was whether he should at once
have said, " My client must have told a falsehood," or
whether he ought at onee to have supported her
statement. It must not be supposed that it was a plea-
surable thing for him to bring that matter forward
and he did not know after all that he had brought
forward in an indecorous or improper manner. He
was quite sure that ho adverted to it with a good
deal of reserve, but he submitted that if his client
was to be believed he was bound to do what he did
irrespective of persons. He would now refer to a
letter which Mr. Macaulay had read, and ;awn

which he made comments reflecting very severely
upon his (Mr. Kennedy's) character.
The Lord Chief Justice said if the statements had
been made they passed by them " as the idle wind,"
for they, none of them, had any memory of them.
His mind was entirely in the peaceful region of an
abstract question of law.
Mr. Kennedy would say no more upon that part
of the case, though probably the statements had
made more impression upon the reading part of the
public than upon their lordships. He now came to
the important part of the case, which related to the
foundation of the contract, She had promised him
remuneration, and she was going to do a great deal
for him, and remunerate him amply thereafter, and
this promise had been repeated on various occa-
sions. A good deal had been said about mainten-
ance and champerty, of which he was wholly igno •
rant, and besides the plea of maintenance was aban.
doned, and champerty was not even pleaded. He
never made any contract to be paid in the event of
success, though the lady promised to reward him
for what he did, which she, however, denied, stat-
ing that he was to have nothing but the barren re-
ward of gratitude. While anxious to clear his
character upon this point he, however, denied that
the court had any power to enter a verdict upon
the plea, because no such power was reserved. The
learned counsel entered minutely into the evidence
given at the trial, contending that it proved that
there was a promise of remuneration, and yet
after all that had taken place, it had
been said, " Then you did not act disinte-
restedly," and the newspapers had taken up the
parrot cry. It was folly to suppose that he was not
to be remunerated, for who acted without it ?--not
even the judges themselves; and indeed he would
have been a fit inmate for Bedlam—and he had had
almost enough to drive him there—if he had under-
taken to abandon his business and come to London
to conduct this particular suit without any remune-
ration,
The further hearing was adjourned.

SURREY SESSIONS, June 16.

ROBBERY AT EPSO➢i RACES.

Henry Jones, aged 50, and Thomas Williams,
aged 55, were indicted for stealing at Epsom an
opera glass, the property of Mr. Alderman William
Taylor Copeland.
Jones pleaded guilty, and put in a written state-
ment that he had taken the glass through poverty
and want. Williams was then placed at the bar,
and the following evidence adduced :
Mr. Alderman Wm. Taylor Copeland, M.P., said
he was at Epsom races on the 4th of June, having a
carriage on the Downs. The two prisoners were
together, and he saw one of them take the glass out
of the carriage. He collared them both just as one
handed the glass to the other, who at once dropped
it, and thereby the clasp was broken. He never
lost sight of them.
After some evidence and defence the jury found
the prisoners guilty, and the Court sentenced them
each to six months imprisonment.