The Sun.
London, England, 1865-03-09 00:00:00

THE MIN, LONDON, THURSDAY EVENING, MARCH 9, 1865.

LAW INTELLIGENCE—This Day.

COURT OF DIVORCE.
(Before the Judge Ordinary and a Common Jury.'
IVITITMORE T. WHITMORE AND BRETTELL.

This was a suit instituted by the husband for the disso-
lution of marriage on the ground of the wife's adultery
with the co-respondent. The respondent denied the charge,
and alleged cruelty and adultery on the part of the peti-
tioner.

According to the opening statement of the learned coun-
sel for the petitioner the parties were married in 1857, the
husband being a grocer, carrying on business in Dudley.
After the marriage they resided together in Hall-street,
and about a month after the marriage the wife was con-
fined, which manifestly showed that there had been inter-
course between the parties previously. He (the learned
counsel) did not consider this as detrimental to
the petitioner, for it appeared to him to be the
proper course for a man to marry the woman after such in-
timacy. They lived together for some time amicably, but
about the year 1860 the wife displayed a good deal of tem-
per, and they occupied from that time separate rooms, and
subsequently the wife lived away, and the various acts of
adultery were committed which were alleged in the peti-
tion. He would call the witnesses before the jury, and ho
thought when they had heard them they would give his
client the relief asked for.

Three or four female domestic servants were then exa-
mined, all of whom stated that Mrs. Whitmore soon after
her marriage treated her husband with great unkindness.
She used to say that she only married Mr. Whitmore for
his money, and that she was not going to live all her days
with such a bald-headed old monster. Witnesses were also
called to prove the principal allegation in the petition.
At the close of the case for the petitioner, the Queen's
Advocate addressed the Court for the respondent.
As there were nearly 20 witnesses to be examined, it was
not expected that the case would terminate to-day.

POLICE INTEL LIGENCE, —This Day.

MARLBOROUGH-STREET.

TIM SOCIAL EVIL.—Two young women named Harriet
Crawford and Ellen Joyce were charged before Mr. Knox
with loitering in Rupert-street for the purpose of prostitu-
tion, to the annoyance of the inhabitants.
Mr. Louis Mercik, tailor, of No. 59, Rupert-street, said
that about 11 o'clock the previous night, while turning
from Coventry-street into Rupert-street with a friend, the
prisoners came up and accosted them, one of the prisoners
behaving towards his friend in a most offensive manner.
He told the prisoners to go away, and as they would not
do so, he gave them into custody.

Cave, 35 C, said the prisoners were given into his
custody for annoying Mr. Mercik. He had seen the pri-
soners, who he knew to be prostitutes, walking up and
down Coventry-street about ten or a dozen times during
the half-hour before they were given into custody, and he
had noticed them accost several gentlemen before accosting
the complainant and his friend.
Mr. Mercik said that the nuisance was so bad at the
corner of the street that his sons could not go out of the
house without being accosted, and his wife and daughter
without suffering a great deal of annoyance.
Mr. Knox said it was a monstrous nuisance, and the in-
habitants had a right to the protection of the law. It was
quite true that this part of London was rendered uninha-
bitable through it, families being driven away and houses
rendered unlettablo. He was perfectly prepared to give
the inhabitants all the protection he could, and he should
inflict a fine in every case of 40s. or a month.

THAMES.
Mr. Barker, of the Clerkenwell Police-court, presided in
;his court to-day for Mr. Partridge.

SAILING NEAR THE WIND.—An elderly man, named
Stafford, applied to the magistrate for a warrant against a
public lecturer for defrauding him of £lO.
Mr. Livingston, the chief usher of the Court, explained
that the applicant saw an advertisement in a newspaper of
a secretary wanted, and answered it. The advertiser en-
gaged the applicant at a salary of £2 "per week, and re-
quired a deposit of £lO. The applicant was dismissed at
the end of one week, and could neither obtain his salary of
£2 or the £lO he had deposited with his master's principal.
Mr. Paget had been applied to for a warrant, and did not
think the conduct of the man complained of amounted to
a false pretence.
Mr. Barker—Nor do I.

Mr. Stafford said he had brought a gentleman with him
to substantiate his statement, and to prove that the public
lecturer had obtained a model from him and refused to re-
store it to the owner.

Mr. Barker said as an application had been already made
to Mr. Paget, he would advise the applicant to apply to
that magistrate on Monday morning next, when he would
again preside.

MURDEROUS ASSAULT ON THE POLICE.—Mary Sullivan,
45, Michael and John, her sons, both tall and powerful
men, and Mary, her daughter, all of 17, Perriwinlde-street,
Ratcliff, were brought before Mr. Barker, charged with
being drunk and disorderly and assaulting Police-sergeant
Sutherland, 46 K, Donald M'Kay, 275 K, Isaac Pawsey,
485 K, and William Walker, 488 K, police-constables.
Last night Michael Sullivan was in the White Swan
publichouse in the Commercial-road making a disturbance.
Ho was turned out, and stopped outside swearing and
making a disturbance. He was requested by Mr. Kay to
go home. He bade defiance to the constable who went
upon his beat, preceded by the prisoner, who was swearing,
shouting, andthreatening the constable. At the corner of
Perriwinkle-street the prisoner used very disgusting
language, took his coat off, and fastened his braces round
his waist. The other prisoners came out and got him in
doors. John Sullivan came out of the house again, used
blasphemous expressions, and offered to fight the con-
stable. Margaret Sullivan came out with the candle-
stick and struck the constable on the hat, which
fell off. John then seized Mr. Kay's stock, got
him down on his back and knelt upon him. M'Kay said,
" Don't choke me," and a man came up and exclaimed,
" Don't choke the man." Sutherland came up and drew
his staff. Tho prisoner John then ran indoors, and he
was followed by the sergeant and constable. On at-
tempting to take tho male prisoners into custody they made
a fierce attack on all the complainants, and also upon
another constable named Custer. A fierce conflict ensued,
and the police-constables drew their staves and laid them
about the heads of Michael and John Sullivan, whom they
marked.

An Irish witness was called, who said the police " bate
and kicked all the prisoners most dreadfully anyhow."
Mr. Barker fined John and Michael 40s. each, Mrs.
Sullivan 205., and her daughter 10s., each, and said he
passed those light punishments in consideration of the in-
juries they had received.

MARKETS--This Day.

METROPOLITAN CATTLE.

The supply of beasts hero to-day was moderate, and
most breeds moved off slowly, at Monday's currency. The
general top figure for Scots was 5s 2d per 81bs. The show
of sheep was tolerably good. Downs and half-breds sold
steadily at full quotations ; otherwise the mutton trade
was heavy, at late rates. Downs, in the wool, sold at 68 4d
to 6s ed ; out of the wool, 5s 2d to 5s 4d per 81bs. Lambs
ruled heavy, at from 6s to 6s 8d per 81bs. The inquiry for
calves was steady, at previous quotations, viz., from 4s 6d
to 5s 8d per 81bs. There was a fair demand for pigs, at full
prices. In milch cows very little was doing.
_ _

Per 81b to sink the offal.

ads d
Crse. & inf. beasts... 3 6 4 0
Second quality do .. I 2 4 6
Prime large oxen ..4 8 4 10
Prime Suits, &c.... 5 0 5 2
Crse. and inf. sneep.4 6 5 2
Second quality do „.5
.4 5 8

s de d
Pme crs-wool sheep 5 10 6 2
Prime 'thdown co.° 4 6 6
La ge coarse calvcs.4 6 5 2
Prime small d0......5 4 5 8
Large hogs .3 6 4 0
Small 4 2 4 10

Lambs....o4 (d to Od.

Eucklln,g calves, 19s to 255; and quarter-old store pigs, 21s
to 26s each.

~ SPOON, SPOONER, PLIIMPTRE."

Newdegate and Whalley.
(From the Scotsman, March 8.)
The English are sometimes called an unimagina-
tive race ; but in reference to anything pertaining
to the Pope their Protestant old women of all ages
and both sexes dream dreams and see visions which
the most prolific producer of fictitious horrors could
not surpass. In the late lamented Mr. Spooner these
worthy people had, in the surviving Mr. Newdegate
they retain, a comically constant representative ;
but their fittest mouthpiece is Mr. Whalley. The
member for North Warwickshire has a little method
in his madness, and in spite of his prejudices, talks
like a gentleman ; but the member for Peterbo-
rough's anti-Papal utterances are sheer unblushing
nonsense, and mere unbridled bigotry. Fortu-
nately, his measure was taken long ago ; and he
can give no offence now either to the Catholics he
insults by reviling or the rational Protestants he
insults by " representing" them. He was. in full
force on Friday night; and the house, sure of fun,
shouted for him as the gods of the gallert used to
call for Tomßarry-. The house was not disappointed.
Mr. Whalley, in the midst of much laughter, in-
formed his hearers that Mr. Pope Hennessy's party
had large fortunes left it every day, besides receiv-
ing a million per annum from the public purse; blamed
Sir George Grey for not interfering in the M'Der-
mott case, lauded Mrs. M'Dermott to the skies as a
model mother, and hinted that her Majesty ought,
like the London dead walls a few years ago, to be
ceaselessly inquiring " Where's Eliza?" He drew a
fearful picture of Chelsea and Brompton trembling
under the tyranny of proud foreign priests, and seek-
ing in vain for succour at the Westminster Police
Court. He gravely argued that Mary Ryan, the in-
sane nun recently sent to Belgium, could not be, and
could not have been mad, because some solicitor,
in Mr. Whalley's -opinion " second to none in his
profession," had paid her a visit, and said that she
was not out of her. mind. He earnestly hoped
that the outraged Protestants of England would
not be goaded into a rising for the purpose of
razing Roman Catholic convents to the ground ;
but, to prevent the people from taking the law
into their own hands, -he was evidently in favour
of the Governments anticipating the menaced
destruction. Mr. Newdegate's nonsense was not
so rabid in phrase as Mr. Whalley's, but it was
quite as ridiculous in its asserted or insinuated
facts. He would have the country believe that it
is quite a common thing for heads of Roman
Catholic religious houses in England to inveigle
the young of both sexes into the cloister, and
to immure them in subterranean cells if they strive
to make their escape. ' He hints darkly at violation
and murder. In Staffordshire, he says, the influence
of the Pope is, so powerful that people are afraid to
reveal conventual crimes and scandals that make
them shudder ; adding, rather drolly, that these
poor people's fear-frozen lips continued sealed until
Inspector Field paid the district a reassuring visit.
After all, then, even Staffordshire thinks an English
policeman more potent than the Pope ; so, even there
there is not much to be feared. Now, stories of ab-
ductions, solitary confinements, and other more hor-
rible conventual horrors, solemnly told in Parliament,
no matter what the evidence, are sure to be accepted
by the anilely Protestant portion of the community
with a shiver of delicious dread. It is an article
of faith with these credulous folks that there is a
Jesuit governess in every other family, and that the
reverend gentlemen in linen dog-collars and strait-
waistcoats who walk our streets are to a man the
most subtle of schemers, although a good many of
them certainly don't look the part.
But can any person of average intelligence believe
the charges which are brought against convents
generally in this kingdom ? That abroad and at
home, in bygone times, the most loathsome vice and
the most cruel crime have stained convent walls is
undeniable ; and in spite of the good service which
the conventual system has done both to literature
and humanity, it is,' save in very rare exceptional
instances, a system in such flat contradiction to in-
nocent natural instincts that anywhere and anywhen
it is likely to lead to abuses. What proof of such
abuses, however, in Great Britain, does Mr. Newde-
gate adduce to justify his general picture of
nunneries and monasteries in this country ? A
Protestant jury disposed of his Smee and Hutchin-
son case; a Protestimt magistrate of his MDermott
case. A medical Lunacy Commissioner has
declared Mary Ryan to be insane. Young
Harrison, the Westminster " captain," who was
suddenly converted and fainted under the opera-
tion, seems to have been a hobbydehoy so weak
both in body and mind that it is a wonder how he
obtained the captaincy of his famous school. Of
course, his weakness made the attempt to prosely-
tise him not very creditable ; but such a lad most
probably would have been lost to Protestantism—
no great loss, by the way--if the Brompton Oratory
had never been founded. Mr. Newdegate told a
story of a Cambridge undergraduate who had
been induced to enter a monastery ; and what was
tthhieneknodf ofth ethnisurtshrerilliny
rhgyme :_
narrative ? It makes one
" I'll tell you a story
Of Jacky Manory,
And here my story's begun ;
I'll tell you another
Of Jack and his brother,
And here my story is done."
His brothers went after the undergraduate claimed him as
a minor, and took him home. Another of Mr. Newdegate's
stories—his crack sensation narrative—shows equally that
the law is quite strong enough already to prevent any one
from being confined in a monastery or nunnery in England
really against his or her will. Convent gates cannot keep
out a writ of Habeas Corpus, As Sir George Grey excel-
lently remarked, those who in Great Britain continue in a
convent of which they are weary, are kept within its
walls not by physical but by moral restraint—they are
coerced by the vows which their consciences will not allow
them to violate ; and how is Parliament to help persons so
circumstanced ? Mr. IsTewdegate would be horrified at the
idea of English recognition of convents if Parliament were
to enact that in this country, as in France, religious vows
should not be taken for more than five years ; and if Par-
liament did so enact, could any Act of Parliament prevent
religious vows from being taken and kept for life ? It was
justly objected to Mr. Newdegate's motion for a Select
Committee of Inquiry that he promised no definite scheme
of legislation afterwards. What he would like, no doubt,
would be to abolish Roman Catholic celibacy here
and everywhere—indeed;,:the Roman Catholic religion
everywhere ; but this is a task slightly beyond
the power of the British Parliament, and the House
of Commons acted wisely in refusing a Committee
which could do no good, and might breed much bad blood.
It may not bo pleasant to think that the conventual system
is extending itself in Great Britain ; but there is no proof
that here it is anything like so black, in practice, as Mr.
Newdegate paints it, or thlt the law as.it stands is not quite
competent to prevent it front becoming so; whilst any un-
prejudiced person who really knows anything about the
Roman Catholicreligionsvliouses that have arisen in our
midst will readily admit, with Sir George Grey, "that there
aro many of these establishments in which the persons who
enter devote themselves sto a life not of asceticism, but of
active virtue and beneVol9?re, employing th4ir whole time
in the education of the young, the reform of criminals, or
other works in which' •Protestants may well desire to
imitate them."

DECEASE OF A LADY CENTENARIAN.—On Wed-
nesday last, at her residence, 22, Hanover-crescent, a maiden
lady, of the name of Burchell, died at the advanced age of
100. The deceased was a remarkable instance of longevity,
having up to the time of her decease the use of all her limbs
and the possession of all her mental faculties. A parallel
instance of the endurance of nature's powers to such an
advanced age is to bo found in the case of Mr. Foster, the
well-known Derby centenarian, who has attained the age of
102, is in the enjoyment of good health, and daily pursues
his avocation of travelling to sell charts and similar articles.
We may add, what is more surprising than all, that his
youngest child is only 10 years old.—Brightori Guardian.
BREAKFAST BEVERAGE.—Houoeva two practitioners,
and the medical profession generally, recommend cocoa
as being the most healthful of all beverages. When the doc-
trine of homceopathy was first introduced into this country
there were to be obt:ined no preparations of cocoa either at.
tractive to the taste or acceptable to the stomach ; the nut
was either supplied in the crude state, or so unskilfully
manufactured as to obtain little notice. J. Epps, of London,
Llomceopathic Chemist, was induced in the year 1839 to turn
his attention to this subject, and at length succeeded, with
the assistance of elaborate machinery, in being the first
to produce an article pure in its composition, and so refined
by the perfect trituration it receives in the process it passes
through, as to be most acceptable to the delicate stomach.
For general use Epps's Cocoa is distinguished as an invigo-
rating, grateful breakfast beverage, possessing a most deli-
cious aroma. Dr. Hassall, in his work, "Food and its
Adulterations," says —" Cocoa contains a great variety of im-
portant nutritive principles—every ingredi4ut necessary to
the growth aad sustenance of the body." &gain: "As a
nutritive, cocoa stands very much higher than ether coffee
or tea." Directions—Two teaspoonfuls of the powder in a
breakfast cup, filled up with boiling water or milk. Secured
In tin-lined jib., ;lb., and llb. labelled packets, and sold by
all grocers, confectioners, and chemists. - [Ann.]

Treaty between Spain Spain and Peru,

MADRID, March 3.
The following is the text of the treaty of peace
concluded between Spain and Peru :
" Her Majesty Donna Isabel 11., Queen of spain,
on the one part and the Republic of Peru on the
other, desirous of putting an amiable end to the
conflict that has unfortunately arisen between the
two nations, have appointed as their respective
ministers plenipotentiary—
" On the part of her Catholic Majesty, Don
Jose Manuel Pareja y Septien, Knight Grand
Cross of the Royal Order of Isabel the Catholic,
&c., and on the part of the Republic of Peru,
Don Manuel Ignacio de Vivanco, general of bri-
gade, &c. The above-named plenipotentiaries, after
having examined and exchanged their full respective
powers, which they have found in due order, Piave
agreed to the following articles :
" Art. 1. The Government of her Catholic M.
jesty having disapproved the proceedings of its
agents on the coasts of Peru in taking possession of
the Chincha Islands, upon the plea of revindication,
and the Peruvian Government having, at the same
opportune time, also immediately rebuked, as the
Government of her Catholic Majesty had sup-
posed, the violence done to the Spanish Com-
missioner at Panama ; as the Government of the
Republic has made known through its circulars
and diplomatic agents to uphold its honour,
the principal obstacle which opposed itself to
the evacuation of the Chinchas is thus removed,
and they will consequently be evacuated by the naval
forces of her Catholic Majesty and handed over to
the person appointed by the Peruvian Government
to receive them.

" Art. 2. The Government of Peru, in order radi-
cally to obviate any possibility of disagreement, and
to confirm its amicable sentiments towards Spain,
will accredit a Minister to her Catholic Majesty.

" Art. 3. The Peruvian Government never abso-
lutely refused to receive the Spanish Commissioner,
and the Government of her Catholic Majesty having
proclaimed in the diplomatic circulars of June 28
and Dec. 9 last, that the title of special commissioner
in no way prejudices the rights of Peru to indepen-
dence, it has been agreed by the contracting parties
that the Government of her Catholic Majesty may
send to Lima, and that that of Peru shall receive a
special commissioner charged to institute prosecu-
tions and claims in the matters now pending in con-
sequence of the affair of Talambo.
" Art, 4. Peru shall endow its minister in Spain
with full powers to negotiate and conclude a treaty
of peace, friendship, navigation, and commerce,
similar to that concluded by Chili or other Ameri-
can Republics.

" Art. 5. The said treaty shall, at the same time,
contain the bases for the liquidation, acknowledg-
ment, and payment of sums owing by Peru on
account of seizures, confiscations, and loans during
the war of independence, or for any other reason
whatever, to the subjects of her Catholic Majesty,
provided the latter unite the conditions of Spanish
origin, and of having continued and still being
Spanish subjects.

" Art. 6. The high contracting parties agree that
the liquidation and acknowledgment mentioned in
he preceding article shall be made only in virtue of

demenstrated authentic and official proofs, and never
in virtue of testimonial or other similar proofs.
" Art. 7. Should any difficulty arise or doubt exist
as to the liquidation and acknowledgment of one or
several of the sums claimed, these difficulties shall
be solved by a commission of six persons, three be-
ing nominated by each of the contracting parties.

"Art. 8. Peru shall indemnify Spain for the 13
millions of Spanish dollars which she has been com-

pelled to disburse to cover the expenses incurred

since the Governnient of the Republic declined the
good offices of an agent of another Government
friendly to both nations, refusing to treat with the

agent of her Catholic Majesty in these waters, and

hus delaying the restitution of the Chincha Islands;

which was spontaneously offered.
" The present treaty shall be ratified by her
Catholic Majesty, and by his Excellency the Presi-

dent of Peru, and the ratifications shall be ex

changed at Madrid within a period of 90 days.
"In token of which we, the undersigned Ministers
Plenipotentiary of her Catholic Majesty and the
Republic of Peru, have signed the same in duplicate
and attached thereto our respective seals. On board

the frigate of her Catholic Majesty, Villa deMadrid,
anchored in the roads of Callao, January 27, 1865.
(Signed) " JOSE MANUEL PAREJA.
" M. J. DE VIVANCO."