The Sun.
London, England, 1865-04-04 00:00:00

THE SUN, LONDON, TUESDAY EVENING, APRIL 4, 1865;

LAW IN Day )

-

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)
THE EARL OF CARDIGAN'S RABBITS AND THE LONDON

MARKET.-WORMS V. FRANKS.

This was an action to recover £3 ss. 4d. damages for
selling to plaintiff certain rabbits unfit for food, plaintiff
being a dealer, of 9, Brook's-market, Holborn, and defen-
dant, a salesman, of Leadenhall-market.

Plaintiff stated that on March 3d last he went to defen-
dant's shop in the market, and there saw two hampers of
rabbits. Plaintiff looked at the top layers, but was not
allowed to turn the others over. The top rabbits were very
good, but when plaintiff wanted to make a further exami-
nation he was told not to pull the things about. Plaintiff
then paid his money and took away the goods, subse-
quently proceeding to expo.se them for sale in Leather-
lane. Some of them, however, were very bad, and quite
green. The inspector came and saw them and condemned
them. Plaintiff wished to take them back to defendant,
but the inspector said, "I have condemned them as being
unfit for human food, and if you touch them, or try to sell
them, I shall lock you up." They were then taken .away,
and plaintiff went to see defendant's foreman, showing him
a card he had received from the condemner, but the fore-
man offered.plaintiff 10s., and said he would make up the
matter another time.

His Honour—Well, Mr. Franks, ',what do you say to
this ?

Defendant—l am inclined to doubt the evidence given
by the plaintiff. I received these rabbits on March 2 from
the Earl of Cardigan's estate, and I have a letter from the
keeper, stating that they were shot on Feb. 27 and 28.

His Honour—That letter would not be evidence.

Defendant—l only mention it to show that the rabbits
could not have been unfit for food. I should like to ask
the plaintiff if all the rabbits were bad.
Plaintiff—No ; 1 did not give notice to the condemner,
but ,he came to me.

Defendant—l should like to have good evidence of the
state of the rabbits, for I have had great quantities of the
Earl of Cardigan's game for some years, and have never
had a complaint of this kind before.
Plaintiff—l produce the inspector's condemning note.
His Honour—ls the condemner present ?
Plaintiff—He is.

Mr. Brown, one of the sanitary inspectors for the dis-
trict, said—l saw some rabbits hanging up in Leather-
lane which were totally unfit for human food.
Ilis Honour—Describo the state they were in.

Witness—l examined them, and found that near tho
shoulders they were discoloured and saturated with matter.

His Honour—Saturated with matter! What would that
arise from ?

Witness—l should say from decomposition.
Defendant—Was not the discolouration caused by the
rabbits being shot ?

Witness—l should say not. I had them removed. They
were taken to the stone-yard and covered over with stones,
and afterwards buried. There were 78 of them.

Defendant—Were the skins taken off before they were
buried ?

Witness—Certainly. 1 do not know who the man was
who gave me the information.

His Honour—You see, Mr. Franks, that this evidence is

very strong.

Defendant—l confess that I cannot understand it. The
rabbits were quite fresh, and, if the evidence be correct,
they must have been diseased. .

His Honour—lf that were so, perhaps the whole warren
was diseased, because it will soon spread. In this case the
evidence of the inspector is conclusive, and he has shown
that he condemned the goods because they wore quite
unfit for food. It is just like the bad fish question.
Defendant—l think not your Honour, because in that
case the buyers did not see the fish. Here they can see
the rabbits.

Plaintiff—Oh! no, we cannot.
His Honour—But the evidence of the inspector is bind-
ing against you Mr. Franks.
Defendant—l do not think that we should have a con-
demning note sent to us to be allowed to see the goods.
Perhaps after all tho inspector might be mistaken.

His Honour—l cannot help that. It is his duty to de-
cide between the seller of food and the public, and he has
condemned certain rabbits. Upon his evidence I must de-
cide between you and the plaintiff. You can get this
money back from the Earl of Cardigan's gamekeeper. I
must find for the plaintiff with costs.
Verdict for the plaintiff.

POLICE INTELLIGENCE,—This Day.

MARLBOROUGH-STREET.

A SOLICITOR CHARGED WITH ASSAULTING A BARRISTER.
—Mr. Robert Henry Copperthwaite, solicitor, staying at
Hatchett's Hotel, Piccadilly, was brought before Mr. Tyr-
whitt on a warrant charging him with assaulting Mr.
Alexander Disney, a barrister.

Mr. E. Dillon Lewis, of Great Marlborough-street, ap-
peared for the complainant, and, having opened the case,
called

Mr. Disney, who said that about a fortnight ago he was
walking in Regent-street, when the defendant came be-
hind him and struck him in the back with his fist, saying
"I'll murder you." The defendant had frequently behaved
in a similar manner.

In answer to the defendant, the complainant said that,
until lately: he knew the defendant as a respectable man.
The defendant said that he had known the complainant
for years, and been a friend to hith, and they had had trans-
actions together. The present proceedings were only
taken against him out of a feeling of spite.
Mr. Tyrwhitt ordered the defendant to find one bail in
£5O to keep the peace towards the complainant for six
months.

AN UNFOUNDED CHARGE.—Two women, named Eliza
May and Jane Lovell, were charged with stealing from tho
person of Mr. Norman, of 32, Gower-place, brushmaker, a
silver watch and gold Albert chain, of tho value of £9. On
the accused being placed at the bar no prosecutor was in
attendance.

It was stated that somo time after the accused were
charged at the police station the prisoner charging them
returned and stated that he had found his watch and
chain in his poCket.
Mr Tyrwhitt discharged the accused.

LITERATTJBE,

Mr. Romford's Hounds. Part XII.

Many will regret to find that this is the last num-
ber of this serial, which has been going on in its
eventful course for some time past. The conclusion is
equal to the tale itself—not too bad, not too good,
when we consider all the facts of the case, and the
position of the parties. It was only right and rea-
sonable to expect that a sudden eclaircissement would
one day arrive, but so dexterously have the man-
oeuvres been contrived that one cannot help feeling
some regret when the pleasant pastime is over, the
lights extinguished at Beldon Hall, and the glories
of Doubleinstepsline passed away with the things that
are gone by; and Lucy's failure was a very mortify-
ing one, and she fared far worse than her burly
friend Facey, who was able to extricate himself
with his usual aplomb and effrontery. It was
characteristic of this tale, that the active agent in
bringing about the discovery should have been a
horse, and it is only another proof of how clever
people may outwit themselves when we find the
greediness displayed by all our set for money bring-
ing down upon them such a calamity. Betsy Shan-
non makes her escape, at all events, in good time,
and avoids the evil to come. Finally, the chief
characters who have figured in these pages are
landed on the shores of a new world, from whence
we shall doubtless anon hear some tidings of their
adventures and exploits. As a clever chronicle of
sporting life, and a caricature of fashionable pre-
tences, this humorous tale may be regarded as a
success in its way, and a good sample of the make-
ups and semblances of some departments of society.
It has attracted interest as it progressed, and its
spirited style and effective conclusion are sure to
win approval from its readers, and while away an
idle hour by its entertaining anecdotes, diversified ,
scenes, and lively sketches.

Cornhill Magazine.

" Armadale" is continued at some length. Allan
makes a wretched debut at his new place, and the
efforts that Midwinter makes to set him right he
perversely twists still more awry. A shadow has
fallen upon the friends in the fair domain smiling
in its summer beauty even as it did over them when
they stood at midnight on the deck in the stillness
of the mighty waters. Another element of discord
is about to appear in the shape of the designing
woman who is to be the governess to the pretty Miss
Milroy. This story is a most eventful one, and it
is described with all the power which generally
pervades the works of this author. " Wives
and Daughters" is also proceeded with, and a very
amusing description is given of the County Ball, at
which the magnates did not appear till it was nearly
over, and the duchess in her diamonds, who was to
have been the cynosure of all eyes, came in desha-
bille. Molly and Cynthia appear before us each
attractive in her different style, and Mrs. Gibson,
with her airs and graces, is as ridiculous as
ever. Her fuss about her acquaintance with
the folks at the Towers is a very good take-
off of the vulgar way in which some people
fawn upon the grand, little thinking how
ridiculous they make themselves by such ways.
It is a capital scene in which unintentional allusion
is made to Osborne's secret marriage, and the warn-
ing it conveyed appears likely to be only too true
as time passes on. "A. Reminiscence of Cardinal
Wiseman," by a Protestant, is an interesting sketch
that will be welcome to many, rendering as it does
a just tribute to the memory of one who was re-
spected by all of diverse opinions and of different '
creeds. In conclusion, it is said that " even though
he had never attained any of the highest clerical
dignity, Dr. Wiseman, in the ordinary course of
his profession, would have exercised a very wide
moral influence by the general justice of his mind,
and the sweetness of his disposition ; such at least is
the estimate of one who knew him well, and who will
ever retain a pleasant and affectionate memory of
his talents and his virtues." " Julius Caesar " is a
paper that will attract attention, and it appears to
do justice to its theme. It is said that the work is
remarkable, and " gives evidence of long and patient
study, of comprehensive grasp of mind, persevering
research, and steadiness of aim." " Misaying "is
a curious sketch, that contains many anecdotes of
woman-haters, and the effusion of their spite and
malice are really entertaining to dwell upon. One
of the least uncomplimentary remarks quoted is
that of Brugan, when he says that " Such a thing
may happen as that the woman, not the man, may
be in the right, but ordinarily it was otherwise."
" Hearts of Oak " is an interesting sketch that
records many details concerning " Colliers."
It is remarked that " the captain of the
collier is faithful to death, when at last his
body is washed ashore, the ship's accounts
and papers are always found securely buttoned in
the breast pocket of his pea-jacket." " Stray" is a
suggestive paper that may be perused with advan-
tage by many pretentious individuals, who become
the bores of society with their egotistical tenden-
cies. " Nurses Wanted" is an article that emi-
nently deserves attention, and should be perused by
all readers who regard the interests of society in this
important matter. It is truly said, in conclusion,
that it seems strange that so many of our country-
women are unemployed, when there is such a de-
mand existing for the most womanly of woman's
work. There is no reason to doubt the accuracy of
the final remark, that if more pains were taken to
find efficient persons for the post of nurses much
individual and general good might be done." We
shall have fewer paupers on our hands whom we
have not the heart to put into the workhouse ; and
there will be fewer inquests on patients who need
not have sunk ; and there will be a relief to us all
from the horror and grief of knowing what we know
now that men are dying by thousands yearly for
want of that- nursing which women are pining
and dying because they cannot give." The truth of
such observations is only too true, and it would be
well for the interests of the community if they were
more universally acted upon in the right sense and
spirit. A paper on " Algiers" complete the contents
of this number, which is unusually attractive and
diversified in its subjects this month.

The Popular Science Review. No. 15. Published
Quarterly. Hardwicke.
This valuable publication, which has attained a
standard character, is contributed to by some of
the first scientific writers of the day. The number
before us fully maintains its character and discusses
many interesting subjects. Among the topics
brought under consideration are the practice of
Train signalling, the characteristics of sponges, the
migrations of European birds, the eldest known
fossil, and the various kinds of Algae. These are
subjects which are not without their interest to non-
scientific readers, but the knowledge of the marvels
of nature is now so widely diffused that a serial so
well written and so carefully edited as the present,
might rely upon finding an extended audience if it
even addressed itself exclusively to those who knew
something of the " ologies.,,

The Englishman's Magazine No. IV. Rivingtons.
Two biographical papers find a place in this
number—the first opens the magazine, and treats
of the varied career of Charles Kingsley. The other
is devoted to one who has ceased to mingle in the
stirring scenes which he once portrayed so vividly.
The tribute to the memory of John Leech is genial
and appropriate, and that great humourist of the
pencil truly deserves the title bestowed upon him as
the Artist of our Homes. Professor Ansted con-
tributes a paper " On the Earth as a Habitation,',
which is full of the information which he so well
knows how to impart. For lighter reading we have
a domestic story, " The Two Sisters of 'St. Clare,"
with truth to tell, a most unattractive hero ; and a
pleasantly-written essay, by the author of " The
Gentle Life," on a " Wedding-ring." There are
some articleS of a directly religious character, and
two interesting papers on " The Obsolete Phrase-
ology of Shakspeare," and "Some Memorials of
Westminster Abbey."

The United Service Magazine.

This magazine opens with a sensible article on
recruiting for the army, in which the agricultural is
considered to be vastly superior to the town recruit,
not only in conduct and in stature, but in every-

thing else. " The Navy—its Construction and
Reconstruction" is elaborately canvassed, and con-
' fessed to be as yet but in its experimental stage,
only prefiguring that of the future. " The Cost. of
the Navy" is an article showing how much iron
exceeds wood in expense, but that it may ultimately
be cheaper, as lasting so much longer and saving
the eternal expenses of dockyards. " A Visit to
the Court and People of Siam" is still continued,
and gives a characteristic account of Eastern man-
ners and ideas. " A Sketch of Marshal
S. Arnaud " states that his correspondence
gives the history of the French occupation of
Algiers and African colonisation. The marshal in
one of his letters says, that " nothing was displayed
on a great scale except fatigue, privation, and sick-
ness," which is perfectly correct. Algeria has been
a sort of battlefield for expending French heroism
for the gratification of national vanity, but it will
never repay for its civilisation nor its conquest.
" Oswald Hastings" continues his chivalrous career
to the 19th chapter. The other articles are of varied
merit, and the opinions of the editor on naval and
military matters are expressed with a cordial sym-
pathy with both services.

The British Army and Navy Review.

This review has several articles of interest. One
on Militia Constitution and Reform discusses the
essential qualification of military discipline, and
shows how greatly our volunteers have improved
in their rifle practice, diffusing a sort of
elementary knowledge throughout the land.
" Scenes of Franco-Arab Life" are full of
a romantic adventure. A paper on " Malta" is
replete with information, and describes that memor-
able island, which Byron denominated as " that
little military hothouse," but which is our great
naval station in the Mediterranean. Fortunately
the visit of the Duke of Somerset has now settled
the position of the future naval dock in its only
natural place, the French Creek. " Stray Thoughts
on some Military Ribbons" contain some sarcastic
truths on the gratitude of the nation to its military
heroes—pay to starve on while living, and scant
honour when dead, leaving wives and little ones to
deplore their bereaved fate on miserable pensions.
The reward of a ribbon would never urge a soldier
to daring enterprise, unless his honour prompted
him to heroic deeds Their promise (of ribbons)
will never make his pluck the steadier, their absence
will never make his duty the less firmly followed.
"Do you think 10,000 English horse could beat
those ?" Prince Eugene asked General Stanhope,
pointing to 10,000 Austrian Hulans. "I do not
know, sire," said Stanhope, " but of this I am sure,
that 5,000 would try !" Another of the " Cele-
brated Trials" gives us the particulars of the mutiny
at the Nore and the death of poor Parker. His for-
lorn, but intrepid wife, arrived from Scotland only
in time to witness his execution, as he was going
to the ship. She contrived to rescue his body from
the grave the night of his execution, and took it to
London on her way to Scotland, but was persuaded
to have it interred in the vaults of Whitechapel
Church. A sketch of " Sir John Moore's last cam-
paign in Spain," by Capt. Knollys, gives a spirited
delineation of that glorious but illused commander's
memorable retreat, battle, and death in the North
of Spain, where—
" Corunna's shores like those of Egypt tell
How Caledonia's bravest hero fell."

The Sixpenny Magazine.

This magazine has, as usual, an abundance of
entertainment for its readers, and some of th 3 con-
tents are worth reading. The story of " The Fate
of Thorsghyll" is continued, and it is certainly com-
plex and mysterious enough to attract the most
sensation-loving reader. A short tale, called " The
Lieutenant's Wooing," is founded on the incidents
of the America War. The editor of this serial is
the only one who has availed himself of the inci-
dents of so dramatic an epoch. There are several
other tales, one of them a pleasant little sketch for
the young reader, teaching an excellent moral.
Among the general articles are a sensible paper on
the evils arising from the choice of an uncongenial
profession, and an interesting account of the poison
of the Upas-tree.

The Boy's Own Magazine.

This magazine is full of amusing and interesting
reading, of which peril and adventures by land and
sea fills a conspicuous place. One of the talcs dates
back to the dayS of Richard IL, the scene of
another is laid in Caffreland. Then we have a
paper on the deer in the Zoological Gardens, by the
the Rev. J. G. Ward, an accomplished naturalist,
and an account of a day's shooting, by Walter
Thornbury. The Puzzle Pages will while away a
leisure hour very pleasantly.

Newton's London Journal.

The principal paper in this number is on the
origin and formation of coal. It is the second
article, and is not yet completed. The recent
patents and scientific notices are given at length,
and the lists of provisional protections, &c., granted
are also added.

Hardwicke's Science Gossip.

This serial is as light and pleasant reading as the
dilettante student can wish for, and withal full of
practical and untechnical information.

France and the Schleswig-Holstein Flag.
____ ,

PARIS, April 2.

The following is the text of the identical reply
forwarded by the French Government to the Austrian
and Prussian Ambassadors in the matter of the re-
cognition by France of the Schleswig-Holstein

flag :

" His Excellency the Ambassador of Austria
(Prussia) has forwarded to the Minister for Foreign
Affairs of the Emperor a note, dated the 2nd inst.,
stating that the Commissioners of Austria and
Prussia, invested with the government of Schleswig
and Holstein, have proposed to adopt a provisional
flag for the marine of the Duchies, and that the two
Courts have come to an understanding to ask its
official recognition. In the same communication the
Court of Vienna (Berlin) expresses the desire that
his Majesty's Government would be good enough to
admit, in so far as concerns maritime and commer-
cial relations with the Duchies, the maintenance of
the treaties of navigation and commerce concluded
by Denmark until the time when the future Sove-
reign of Holstein and Schleswig shall be in a posi-
tion to treat directly with France.
"An identical note has been forwarded to the
Emperor's Minister for Foreign Affairs by the Am-
bassador of Austria (Prussia).
" The creation of a provisional flag for the Duchies
may be considered as a natural consequence of their
present situation, and his Majesty's Governmenthas
no objection to recognise it under reserve of the
rights of the Duchies themselves and of those of the
Germanic Confederation. In accordance with the
desire displayed by the Courts of Austria and
Prussia, their Excellencies the Ministers of Marine
and Commerce shall be made acquainted with this
resolution, in order that the necessary instructions
may be sent to the competent authorities at the
ports of the empire.
" Touching the maintenance of the benefit of the
stipulations settling the maritime and commercial
relations of France with Denmark, his Majesty's
Government could not defer to the wishes of the
Courts of Vienna and Berlin without exposing itself
to difficulties it is compelled to foresee. In effect,
the treaty concluded between France and Denmark
in 1742, and confirmed by the Convention of Feb.
9, 1742, stipulates exceptionally to the profit of the
Danish marine the exemption from the differential
rights of tonnage in indirect intercourse. In order
that this exemption, which constitutes a departure
from our maritime system should not be extended to
countries with which we have entered into treaties,
we have made it the object of an express reserve,
applying equally to the relations of France with
Spain. The Emperor's Government would not be
able now to confirm this exception in favour of any
State whatever without giving rise to reclamations
upon the part of all the Powers with whom we have
agreed upon the treatment of the most favoured na-
tion. The Emperor's Minister for Foreign Affairs
can only, therefore, convey to the Ambassador of
Austria (Prussia) the expression of his regret, and
is persuaded that his Excellency will appreciate the
considerations which render it impossible for him to
satisfy the demands of the Courts of Vienna and
Berlin in this last respect.
(Signed) DROUYN DE DUTY&
" Paris, March 15, 1865."