The Sun.
London, England, 1865-11-08 00:00:00

T.H. SUN, LONDON, WEDNESDAY EVENING, NOVEMBER 8 1F65.

LAW INTELLIGENCE.—This Day.

COURT OF PROBATE.
(Before Sir J. P. Wilde.)
CLOWES V. CLOWES.

This was a suit instituted to try the validity of a will
alleged to have been duly executed by a Mr. Clowes, who
had been in the iron trade in Manchester, and who died
on the 9th of April last. The instrument was propounded
by the plaintiff, Mary Clowes, the widow of the deceased,
and was disputed by his brother, who pleaded undue exe-
cution, want of testamentary capacity.
Dr. Spinks was for the plaintiff, and Mr. Brown for the
defendant.

It appeared that the deceased was a man of intemperate
habits, and had been subject to attacks of delirium tremens.
On the Bth of April he executed the will in dispute, but he
was too ill to be able to write his name, and substituted a
cross. The will was a lithographed form, and was alleged
to have been duly witnessed. It was made in favour of the
plaintiff. _ _ .

Mr. John Walsh, a surgeon, of Oldham-street, Manches-
ter, said that he attended the deceased in his last illness.
He was first called in on the 31st March last, and found him
suffering from a wound in the knee and symptoms of inci-
pient delirium tremens. He also noticed he spat a great deal,
which sometimes accompanied mania. On the 2d of April
he became much worse and did not know witness, but on
the sth he was quite conscious. As he had seen many
cases when dilirium returned rapidly he advised the
plaintiff to induce the deceased to settle his affairs. She
was in and out of the house but not in actual attendance,
and ho heard the latter say that the wound in his knee
was caused by her throwing something at him. The de-
ceased was about fifty. She knew that ho was in the habit
of drinking a good deal.
Mr. Clowes, the plaintiff, said that the deceased always
stated that he would leave her whatever he possessed at
his death if she survived him. The names in the will were
written in pencil, arid she saw the deceased make his cross.
About two or three hours afterwards ho became uncon-
scious, and she believed no person was in the room with
him from the time of signing the will and the time when
she found him unconscious. The defendant came into the
bedroom and caused the deceased some annoyance by say-
ing that the will should have been signed in his presence.
The court decided that the will was genuine, and it was
accordingly admitted to probate.

SHERIFFS' COURT.
(Before Mr. Commissioner Kerr.)

HAT CLUBS-IMPORTANT DECISION.-EFFLEWHITE V. JAMES.

This was an action to recover 10s. 6d., money paid to
the defendant on account of a certain hat.

Plaintiff deposed that he had been commissioned by a
Mr. Molyneux to subscribe various small sums of money to
a hat club, of which the defendant was the manager. The
gross price was 10s. 6d., and this sum had been paid, but
plaintiff could not get the hat. Defendant did not deny
that the money had been paid, bnt urged that it was a club
in which the members took chances, and he (defendant)
had supplied already hats to a greater value than the
amount of the subscriptions at present paid in. There
were now no funds, but as soon as the money was sub-
scribed the plaintiff would have the hat.

His Honour was of opinion that the club was nothing
more than a lottery, and as such illegal. In fact, it was
what was known a hundred years ago as a "little go."
Defendant said that plaintiff was not the person who
first paid the money.

Plaintiff admitted it. He paid Bs. for his friend Smith,
his friend's money, but the last 2s. 6d. was plaintiff's own
money. His friend was now dead.
His Honour ruled that plaintiff could not sue in his own
name for the money, so far as his late friend was concerned,
and unless de:endant consented to hare the name altered
a fresh summons must be taken for the Bs.

Defendant said he would stand upon his legal rights.

His Honour remarked that-plaintiff must sue for the Bs.
in the name of the widow of his friend, and for his own
2s. 6d. in his own, the opinion of the court being that all
these clubs were nothing but lotteries, and as such illegal.
Plaintiff nonsuited.

MIDDLESEX SESSIONS—This Day.

(Before the Assistant Judge.)

Mary Binks and Susan Reed were placed at the bar, in-
dicted, the former with receiving and the latter with steal-
ing a quantity of wearing apparel and other articles, the
property of Thomas West.

It appeared that the prisoner Rinke was a fortune-teller,
and the younger prisoner, Reed, a domestic servant. The
property was taken away at different times, in order to
comply with the charm of the fortune-teller, and left in her
possession on the understanding they were to be restored.
Such, however, was not the case, and the articles were
taken to the pawnbroker's and there pledged ; and when
once the simple-minded Reed was in the power of the for-
tune-teller, sho was afraid to disobey the injunctions of
Rinks, which of course increased in amount. The rob-
bery was discovered by Reed's mistress on her return from
the country, and both were given into custody. The pri-
soner Reed received a very excellent character.
The Assistant Judge commented upon the foolishness of
the younger, prisoner, and sontened her to three menthe'
imprisonment. Binks he ordered to be imprisoned in the
House of Correction for two years with hard labour.
Mary Ann Brown, milliner, was indicted 'for stealing a
watch from the person of Alexander Culverhouse. The
prisoner pleaded guilty.

It appeared that she had but three days before the robbery
left the House of Correction, where she had been impri-
soned for 18 months. Several previous convictions were
proved against her.

The Assistant Judge said it was useless to attempt refor-
mation by short imprisonment, he therefore sentenced her
to seven years' transportation.
Elizabeth Mullins pleaded guilty to a charge of robbing
a tradesman. She was sentenced to two years' imprison-
ment.
Louisa Miller was indicted for stealing 50 yards of flan-
nel, the property of Thomas Hooper.
The prisoner pleaded guilty, but several former convic-
tions were proved against her, and she was sentenced to
seven years' penal servitude. After sentence, the prisoner
said she could not find fault with it, because she had often
had a piece of the same sort of stuff from Hooper's place
before.

John Potter, an elderly man, was indicted for molesting
two young girls. The evidence was not of a very clear
discription, and Mr. Sleigh, who prosecuted, eventually
withdrew the charge against the prisoner, and the jury
accordingly returned a verdict of not guilty.

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

A RUFFIAN PROPERLY PUNISHED.—COMMITTAL WITH-
OUT A FlNE.—Richard Smith, a bootmaker, living at No.
29, St. Martin's-court, was brought before Mr. Tyrwhitt,
by O'Shaughnessy, one of the warrant officers of the court,
charged with assaulting a young woman, named Elizabeth
Pattenden.

The complainant, who had a bad black eye, said she had
lived with the defendant for four years. About 2 o'clock
in the morning of Tuesday last he came home and asked
for his supper. She told him there was some upstairs, and
he then struck her on the forehead, and said he would
smash and murder her. He afterwards struck her in the
face and blackened her eye. She ran into the cellar to
escape from his violence, but he got a light and found her.
She tried to escape from the place, but was unable to do
so, and he then struck her several times about the body.
He had frequently beat her before.
Mr. Caries Ward, a lodger in the house, said he was
awakened by hearing cries of " Murder !" He got up and
heard the sound of blows, and found the complainant,
who said she had been ill-used, her eye being much swollen,
crying. His wife then took the compainant into their
room for protection. The complainant was a hard-working
woman, and went out to work to support the home.
Mr. Tyrwhitt said ho looked upon the defendant as a
brutal fellow, and he should commit him for six weeks
with hard labour.

and he then left and wished him good night. Al half-past
1 o'clock this morning he was aroused from his sleep by a
police constable, and missed three live geese. They were
on the pavement and had been killed. The prisoner was
in the yard 10 minutes in the course of the day, and knew
where the geese and ducks were deposited.
George Wood, an inspector of police, Thames division,
saw three geese suspended by a clothes line to the prose-
cutor's wall, this morning at half-past 1 o'clock. The cord
was made fast to something on the other side of the wall.
He saw the prisoner in the street, and sent a policeman to
secure him. The prisoner's clothes were covered with
down, and his knees with wood dust, as if ho had been
kneeling in the place where the geese and ducks were
deposited. The prisoner's hands were also covered with
down. The geese had been recently killed.
Mr. Paget committed the prisoner for trial.

MARKETS—This Day.

MARK-LANE.

The arrivals of English wheat fresh up to our market
to-day were moderate, the condition of the produce being
but middling. Generally speaking, the trade ruled quiet.
All good and fine dry samples, however, changed hands at
fully late rates. In the value of damp produce no change
took place.

There was a moderate supply of foreign wheat on the
stands. The demand for most descriptions ruled quiet ;
nevertheless the trade must be considered firm, at the full
prices of Monday.
Floating cargoes of grain were in steady request, at fully
late rates.

Wit barley the market was but moderately supplied.
The trade was firm for all 'descriptions, and Monday's cur-
rency was well'supported.
The malt trade was steady, at fully late rates.

There was a fair supply of oats on offer. Most descrip-
tions were in steady request, and the late high prices were

maintained,

Beans and peas were in short supply, and the trade for
them was firm, at full prices.

Most descriptions of flour were in fair demand, at fully
late rates.

KULP ARRIVALS THIS WEEK.
Wheat. Barley. Malt. Oats. Flour.
English and S coteh. 1410 2430 1090 500 670
Irish
Foreign , 6180 940

19,510 40 sks.

COMPARATITE QUANTITIES AND PRICES OF GRAIN.
For the week ending Nov. For the corresponding week
4, 1865. last year.
Qrs. Aver. Qrs. Aver.
Wheat 71,330-43 s 4d Wheat 78,462-38s 9d
Barley 55,121-31 s 6d Barley 80,222-36 s 2d
Oats

LITERATURE.

The Edinburgh Review. No. 250. Oct., 1865.
It very often happens that the wits and belles who
shine in society leave little behind them to explain
to their successors the high esteem which they en-
joy among their contemporaries. The puns and
bons mots, which are all that remain to us of some
who were in their day the acknowledged ornaments
of a brilliant circle, scarcely suffice to account for
their reputation.' We must remember that the
draught which effervesces the most rapidly and
sparkles the most brightly is also that which, when
the moment has gone by, grows the sooner flat and
tasteless; and so the qualities which shine in society
aro not generally those which leave enduring traces,
nor do they always accompany sound intellectual
power, though not necessarily apart from it. The
adjuncts of the social scene, too, are necessary to
preserve the flavour of the jest or the repartee.
Spoken amidst song and laughter among congenial
spirits, and suited to the mirth or the temper of the
moment, they are very different when resuscitated
in old print for a solitary reader. Still when one of
these social ornaments chooses to sketch for him or
herself the society in which they mingle, the events of
their time, and the impressions made on their circle,
the result is always entertaining. Miss- Burney's
Diary is now more popular than her " Evelina,"
and such pictures of our earlier social life and man-
ners became, as has been justly said, a part of his-
tory. Miss Berry, whose recently published jour-
nal of correspondence forms the subject of the first
article in the Edinburgh, was one of the most bril-
liant and popular members of a brilliant circle.
" From the age of seventeen or eighteen to that of
nearly ninety," says her accomplished editress,
" Miss Berry and her sister Agnes lived constantly
in society both at home and abroad. They had
seen Marie Antoinette in all her pride and beauty,
and they lived to regret the fall of Louis-Philippe.
Born in the third year after the accession 'of George
111., Miss Berry lived td be privately presented to
Queen Victoria a few months before her death."
During this prolonged and eventful period Miss
Berry had ample opportunities of becoming ac-
quainted with the celebrities of several successive
epochs, and was admired and sought by all in turn.
"It was they who sought her, not she them.
The Iron Duke grows talkative when acci-
dentally seated by her at a dinner table ;
Lord Byron lays himself out to please her ;
Joanna Baillie is grateful for her critical approval ;
Canova approaches her with the strongest expres-
sions of affection and esteem ; the Princess of Wales
(Queen Caroline) tries hard for the cover of her
respectability ; Sydney Smith looks over one of her
proposed publications and Mackintosh another ;
Madame Recamier eagerly solicits her friendship ;
and Madame de Stael, after some preliminary
coquetting and caprice, declares that she had loved
her the best, and thought her by far the cleverest
woman in England." " Life in the Criminal Class"
is the title of an essay founded principally upon
Miss Carpenter's volumes, and on the " Memoirs
of Jane Cameron," by a Prison Matron. The
writer reviews very fully and carefully the painful
and difficult problem of our criminal class, and leads
us to hope, after a survey of what has been done
and what is now doing, that the number of the
regular convict class may steadily diminish. Too
much praise cannot be given to the reformatory and
industrial school movement, which affords the means
of rescue to so many young offenders, who under
the old system had, humanly speaking, no chance.
The writer of this article, while recommending an
increase of discipline in all convict prisons, and very
properly censuring the system of allowing prisoners
to choose their own work, strongly supports the
suggestion of a separate prison for absolute incorri-
gibles under sentence of imprisonment for life.
" These wretches," he says, " have no business in
prisons where reformation is the principle and the
rule ; they need a different discipline, and their
presence is a curse, to which we have no right to
expose more hopeful subjects." He argues that the
companionship and influence of these men neutralise
to a great extent the efforts made in other quarters
for the reformation of the offenders. The cessation
of transportation renders some consideration of this
matter absolutely imperative, and it 'is very desir-
able that a classification of the inmates of-our prisons
should be attempted. " The Life of Carl Maria von
Weber" is a deeply interesting, though in some
respects a painful, record. The composer of " Der
Freischutz" had his full share of those troubles from
which the great artist is seldom exempt, and which,
unhappily, as in his case, are too often aggravated
by his own over-sensitiveness and nervous irrita-
bility. " Weber's lot," says the critic of his recently
published memoir by his son, " was cast in such wise
that his path in life was perpetually crossed by
remarkable events, and tinged with a peculiar
colouring of romance. The story of his early years
reads like a series of chapters from the adventures
of a German Gil Blas, and the romance of his life
lies in regions of society almost entirely distinct
from the interesting sphere of art with which his
name is connected." Artistic struggles and disputes
were, however, a primary source of his vexations.
The rivalry between the German and Italian schools
of music was then at its height, and Weber at once
assumed the position of champion of the national
cause. lie threw himself into it with characteristic
fervour, and sustained it with a genius which his
enemies were forced to acknowledge and admire.
But when we find that his grief at his friend Meyer-
beer's temporary devotion to the Italian cause actu-
, ally laid him on a bed of sickness, and that he
looked with undisguised contempt on Rossini's ex-
, quisite melodies, we cannot but feel that the great
and gifted composer allowed his prejudice to warp
his judgment. In the excited state of party feeling
the production of " Der Freischutz" was consi-
dered a most important crisis. We need not say
that, in spite of the presence of a formidable
opposition, it was a complete and unparalleled tri-
umph for the German cause. The adversaries
themselves were carried away into temporary enthu-
siasm, It was Weber's chef d'ceuvre, though, as so
often happens, he did not himself appreciate its
merits, and preferred the " Euryanthe." " The
Cromwellian Settlement of Ireland" turns back a
painful page in Irish history. In explanation of the
failure of the stern Protector's tyrannical scheme*
the writer remarks—" The Cromwellian plantation
was founded upon the ruthless proscription of a
whole nation, and it is a well-known political axiom
that no measures can ever finally succeed in which
the interests of all classes are not in some way con-
sulted." The account given of the Cromwellian
policy and its results is not without interest at
this juncture. An article on "American Psycho-
mancy" gives us an extraordinary illustration of
the close alliance which there is between mate-
rialism and superstition, since it is confidently
asserted of the " cute" Yankees, that " half the
-members of Congress and the State Legislatures, as
well as half the scientific and literary men of America,
are Spiritualists." Since this statement originates
with a Spiritualist association we must hope that it
is considerably exaggerated ; but it is also said,
with apparent authenticity, that every day lectures
upon Spiritualism are given in presence of respectable
audiences, that circles are held by day and night
in nearly every city throughout the country, that
twelve or fourteen perodicals are wholly devoted to
Spiritualism, and, finally, that more than two mil-
lions of Americans have embraced the doctrines of
the fanatic impostors whose careers are here chro-
nicled. If such statements be true, the physical
evils from which America is now suffering are
" trifles light as air" compared to the mental and
moral dangers of the country which aspires to lead
the world. Among the other articles are essays on
Campbell's " Frost and Fire," on " The Rock-cut
Temples of India," and on Sir Thomas Wyse's
" Peloponnesus."

The Dublin Review. No. 10.

The painful story of " The Massacre of Saint
Bartholomew" occupies the first place in this num-
ber, and the readers of the Dublin will naturally
turn with some curiosity to see how the question is
treated in the. pages of a Catholic quarterly. The
writer discusses the matter very fully and without
prejudice. He says, there can be no doubt with
truth, that the massacre owed its origin to poli-
tical rather than to religious reasons, and that

right-minded Catholics in that, as in every suc-
ceeding age, must unhesitatingly condemn it.
" The Case of Galileo" is one of those moot points
in history about which, we fear, there will always
be opposite opinions. " The Doctrinal Decrees of
a Pontifical Congregation" are discussed at some
length in an article which attaches much importance
to the distinction between the Pope's offices as
Infallible Teacher and Supreme Governor of the
Church. An article on " The Formation of
Christendom" traces the ancient city .of the Caisars
as it was in the days of Rome's Imperial greatness,
luxury, civilisation, and degradation. It quotes
liberally from an interesting volume on this subject
by Mr. Allies. " The Irish Land Question" is dis-
cussed at some length. The metaphysician will
turn with interest to an essay entitled, " Calder-
wood and Mill upon Hamilton," which examines
into the conflicting theories of our principal meta-
physical writers, including, of course, Mill, Grote,
and Ferrier. Ordinary mortals will prefer to keep
on terra firma, and will derive more pleasure from
the copious summaries of foreign events, foreign
periodical literature, and the notices of books.

The Anthropological Review. Nos. 10. and 11.

Triibner and Co.

This serial, which is also the Journal of the
Anthropological Society of London, addresses itself
principally to readers interested in the study of the
science of race. It contains a good deal of valuable
matter no doubt, though mixed with other matter
less satisfactory to the calm and moderate student,
who in his pursuit of knowledge is not prepared to
rush into wild extremes, or to subscribe himself a
freethinker. Is it not a little singular, by the way,
that these advanced students, who are always ready
with their denunciations of Christianity because
professing Christians persecuted one another, burnt
witches, permitted tortures, &c., contrary to their pro-
fession, tell us very little about the fact that heathen
civilisation permitted andencouraged cruelty and vice
in every form? Since Christianity, according to their
reading, is undoubtedly the mainspring of all the
intolerance and persecution of modern times, what
was it,we wonder, that exiled Aristides and poisoned
Socrates ? What was it that set the gladiators
at work to ‘, make a Roman holiday,"
and caused intellectual men and lovely women
to look on smiling at the doomed procession,
crying aloud to Cesar, " Morituri to salutant ?"
It is an awkward fact, too, that the boasted
morality of Confucius has not made his readers
remarkable for morality, but the real searcher
for truth will be glad to see every question of the
kind thoroughly sifted and examined. The Journal
of the Society contains full reports of some animated
discussions, and the articles on British Sculptured
Rocks, Pre-Historic Times, and the Psychonomy of
the Hand, will interest the general reader.

The Popular Science Review. No. 17.

As usual, the contents of this quarterly journal
are very valuable and interesting. They deal with
questions which are every day presenting them-
selves to the mind of the intelligent observer in a
manner that is at once clear and scientific. The
writers bear most of them well-known names, and
when we see articles on Atlantic Telegraphy and on
Pure Water, bearing respectively the names of
Robert Hunt and Dr. Lankester, we may
be sure that the papers in question will
tell us something worth knowing. For the
geologist we have Professor Ansted on Lake Basins,
and for the photographic amateur we have an
article on Photography, and some of its applica-
tions, by the editor. There is a paper on Epidemics
and their origin, not uninstructive at this season,
and an essay on no less a personage than the Moon
herself, who has recently been sitting for her portrait
to the übiquitous photographer. The Reviews and
Scientific Summary include all the topics of scientific
interest for the quarter, and we are heartily glad to
see such interesting and useful knowledge placed
so pleasantly within the popular grasp.

Brigand Revelations in Southern Italy.

NAPLES, Oct. 31.

Some curious revelations upon the organisation
of brigandage in the Neapolitan provinces, and the
support and encouragement afforded to the system
among the population, have heen made at the trial
of the brigand Giardullo and others before the
Military Tribunal of Salerno.
Antonio Malatea, alias Giardullo, the most
dreaded leader of all the ferocious bands who so
long desolated the Southern Italian provinces, is
described as a robust well-made young man of about
28 years, very fair, and having regular and intelli-
gent features, rendered disagreeable, however, by
the eyes, which are small, and betray a cruel and
sinister expression. Giardullo was heard by the
tribunal on the 19th inst., when he spoke uninter-
ruptedly for four hours, before a court crowded
from the moment of opening by an audience deeply
interested in his revelations. His manner of speak-
ing was confident_ and rapid, though his language
was rough and uncultivated, sometimes displaying
coarseness and effrontery. He narrated that
having been taken prisoner at Melazzo, where he
served in the 7th Battalion of Bourbon Chasseurs,
he was sent to Nocera. Released from custody, he
returned to his birth-place in Campagna, and sub-
sequently served, in 1861, after which he was dis-
missed with unlimited leave. In the autumn of the
same year he was again called upon to serve, but
was then ill. It was at this time that Giardullo,
according to his narration, was secretly invited by
some of his fellow-prisoners, residing in the Cam-
pagna, whom he pointed out with so much appa-
rent rancour, to a secret nocturnal meeting, at
which he was instigated to take the field at the head
of a band that he was to assemble, and hold himself in
readiness for an early political rising, for which object
5,000 ducats in gold was entrusted to him. With
this encouragement Giardullo took to the moun-
tains, where he remained during the winter from
1861 to 1862, but could not succeed in rais-
ing a band. He provisionally, however, joined the
band of one Meola, a brigand infesting Senerchia
' and Calabritto. Summoned in the spring of 1862
to return the 5,000 ducats, he faithfully restored
them to those from whom he received them. Fresh
efforts were, however, made to enable him to keep
in the field, and he was assured of a speedy revolu-
tion of the exact nature of which he was ignorant,
but believed it would be Republican. It was re-
presented that 32 squadrons were in readiness to
co-operate with him in the projected rising. These
illusions, however, soon vanished, and his instiga-
tors in the Campagua, whom Giardullo pointed out
amongst the other prisoners in court, thene,and
cap:sug-
gested to him the pursuit of brig
taring individuals and exacting ransom. In this
way Giardullo, as he represents, commenced that
career of blood and rapine which has made his
name terrible in the Neapolitan provinces. His
supporters provided him with provisions, arms,
clothing, and medicine ; advised him of the move-
ments of the troops ; concerted with him the vari-
ous captures and the ransoms to be demanded, and
shared the proceeds. He narrated how many of
the cruelties used towards prisoners were perpe-
trated at the instigation of his supporters, in order
to overcome the reluctance of the friends of the
victims to pay the enormous ransoms demanded.
Here followed the sickening story of ears and
fingers being cut off, and other cruelties. During
the greater part. of the four years of his brigand
career Giardullo states that he was in the vicinity of
Campagna, and was sometimes concealed in a
grotto so near the town as to hear the clocks strike
and the bugles of the military. During the night
he visited the houses of his supporters in the town,
where he found everything necessary for himself
and band, gave an account of his -operations, and
received instructions and advice. At length, weary
of a savage wandering life full of crime, he resolved
to deliver himself up to the authorities, and on
Easter Sunday approached the city with that inters.
tion, but was attacked and driven back by the
troops. Firm, however, in his purpose, he kept
within a short distance, hoping for a safe conduct
to effect his surrender, but was discovered by the
troops, attacked, and taken prisoner. In the above
narration Giardullo appeared to be actuated
throughout by the idea of presenting himself as the
victim of evil instigations. He never confessed to
any crime as having been committed on his own
account, and said not a word of the many murders,
outrages, and other ferocious acts which he has
committed.