The Sun.
London, England, 1849-06-19 00:00:00

ITALY.

Accounts from Rome state that the foreign con-
suls have protested against the bombardment of Rome
by the French, on the ground of the probability of
the destruction thereby of the works of art.
It was said that the Roman General iltutst had
defeated the Spaniards.

Ancona still held out on the 12th.
The Venetians on the 6th refused the terms
offered them by M. DE BROOK.

EXPRESS FROM PARIS.

ENTRANCE OF THE -FRENCH
INTO ROME.
PARIS, MONDAY, HALF-PAST 5 P.M.
A steamer that arrived from Civita Vecchia at
Marseilles on the 17th has brought the news that the
French army entered Rome on the 14th, through
the breach.

QUEEN'S BENCH.-(THIS DAY.)
(Sittings at Nisi Prins )
moonliousu v. STEER..
This was an action against the Sheriff of Surrey to
recover compensation in damages for the injury s hich
the plaintiffs (Messrs. Moorhouse and Rogers) had sus-
tained in consequence of his not having used direct pro-
per diligence in executing a writ which had been issued
by them against the body of a person named Myatt, who
was intle'rAed to them in the sum of 561., for building
materials supplied to him . It was shown on the part
of the plaintiff, that in January last a fi, fa. was issued
directed to the defendant, who dispatched two sheriffs'
officers to Leipsic-read, Camberwell, in order to execute
it, but they found that the defendant had removed to
Battersea, and a capias ad satislaciendam was issued
against him, which the defendant also failed to ex-
ecute. It was shown also that some opportunities
had presented themselves of arresting Myatt.
On the part of the defendant it was contended that
Myatt was a person without means, that he had long
pllyed at " fast and loose," that the house at Battersea
belonged to his brother, and that he only came there on
Sundays, when the writ did net run, amd that he slept
continually in Middlesex in order to avoid the service of
the writ. It was to their interest to arrest him, but
though they used due diligence they had been unable
to execute it.

Lord DENMAN left it to the jury to say whether the
plaintiff had or had not suffered an injury by the acts
of the defendant.

The jury found a verdict for the plaintiff for 561.
CRIM. CON.-HOWARD V. DAWSON.
This was an action to recover compensation in da-
mages for the injury which the plaintiff had sustainud
by the defendant having been guilty of criminal con-
versation with his wife. The parties belong to the
humble ranks of life. Several pleas had been put on
the record, the principal one being "leave and licence."
Mr. M. CHAMBERS, who was for the plaintiff, after
the pleadings had been opened, consulted for a few
minutes with Mr. Sergeant Wilkins, who appeared for
the defendnnt, who shortly afterwards intimated that the
parties, in order to avoid painful exposures, had consented
to a verdict of 151., which was accordingly entered.

A-TIVE.—(THIS DAY.)
o Sir HERBERT JENNER FUST.)
PRE(BRefOre G
WARD AND ANOTHER V. DRY.
The question in this case was, whether a marriage
solemnized in the Island of St. Lucia, in the West Indies,
in the year 1837, between one Mr. William Dey and
Miss Shirley Eliza Frazer, was a good and valid mar-
riage. It appeared that Miss Frazer was an illegitimate
child, and at the time of her marriage a minor. The
husband, William Dey, who was described as a journey-
in 1837, then a very young girl, being only four-
man cooper, was alleged to have prevailed upon Miss
Frazer,
teen years of age, to elope with him. She was then re-
siding with her family at Demerara, and he induced her
to embark on board ship with him at that place, and
proceed to the Island of . St. Lucia, where the parties,
beings both Protestantso, were married in the parish
i
church in that sland, by a clergyman of the Church of
England, under a licence from the Governor of the
island, in the presence
The
two witnesses, and their
marriage duly registered. The parties cohabited together
for two months after the marriage, and then separated.
The question now was whether Mr. Dey was entitled to
take out administration to the effects of his wife,
The QUEEN'S ADVOCATE contended that a marriage
solemnized between two Protestants, in the parish church
in the island, by a clergyman of the Church of England,
under a license of the governor of the island for the time
being, and duly registered, the parties afterwards living
and cohabiting together, was a good and valid marriage.
and was not affLcted by the lex loci, whatever it might
be. He trusted the Court would have no difficulty in
coming to the conclusion that this was a good and valid
marriage, and that Mr. Dey was entitled to take out let-
ters of administration to the effects of his wife.
Dr. JENNER, who followed oa the same side, submitted
that to render a marriage between Protestants valid in
the island of St. Lucia, it should be solemnized by a
clergyman in holy orders in the Church of England,
under a licence from the Governor of the island, and in
the presence of two witnesses. All those requisitions
had been complied with in this case, and he contended
therefore that the marriage was good and valid.
Dr. ADDAMS, who appeared for the executors, con-
tended that as it had not been shown that the parties
were incapable of contracting a marriage civilly in the
country where they were married, and that according to
the evidence of a former Lord Chief Justice of the
island a marriage might be contracted there civilly, the
marriage would not be a good one. It was hardly
questioned that marriages in general in the Island of St.
Lucia were governed by the law of France as it existed
before the revolution. Though the marriage had been
solemnized as between Protestants by a clergyman of
the Church of England in a church stated to
be the parish church, in the presence of
two witnesses and duly registered, yet the
Court ought to look at the circumstances of the marriage.
It was clearly a clandestine marriage—the parties ran
away together ; this lady being then of the very ear,y
age of fourteen, was induced, by the now reputed hus-
band to embark on board ship at Demerara, whence she
was taken to the island of St. Lucia, and there, without her
parent's consent, the marriage was solemnized. A mar-
riage, according to the lex loci, clearly it was not, and
it ought to have been such marriage to entitle. the re-
puted husband to sue for letters of adminstration of the
deceased lady, his reputed wife. Besides, the only
witness who deposed to the circumstances under
which the marriage was said to have taken place
was a girl named Whatley, a dress-maker, vaiose
age was now only 22, and who was speaking to a mar-
riage which took place in 1837, when she must have
gShe r
edeposed t t o
thehasvoilnemg
solemniza-
tion
cohabitationttbih. eoeenaboro.fi ndtlahyl edtemrneaasfrstmarriage
yearsand
irawgaerdbselns'eheen
who
oe
wpaarstieths,onanad tgoirtlheoirf
o ft
oagbeei n
only ten years of age.
Dr. Twiss followed on the same side, and contended
that. the law of the island had not been complied with.
Sir 11. JENNER FUST said, this was simply a question
of law for the Court to determine, and the Court must
take its information on the law from those skilled in the
law of the country where the marriage took place.
It was alleged, and admitted, that the deceased lady, at
the time of her marriage, was only 14 years of age ;
that she was married without her mother's consent to
this gentleman in a Protestant church in the island, by
a Protestant minister, in holy orders in the Church of
England, and that publication of the banns of marriage
was dispensed with by a licence from the Governor of
the island. These were the requisites which it was
contended on the one side made a good and valid mar-
riage. The Court was of opinion that prima facie a
marriage so had and solemnized was a good and valid
marriage, and would be so held in this country. Then
if the marriage was good and valid this party, being a
married woman, had no right to make her will; and if it
was not a good and valid marriage, she was at liberty to

do so. The main question therefore was, as to the
validity or invalidity of this marriage. The Attorney-
General of the island said he was of opinion that by the
laws and ordinances regulating marriage in St. Lucia a
marriage between persons professing the Protestant reli-
gion, solemnized under a licence frum the Governor of the
island, in a church, by a minister in holy orders in the
Church of England, was a good:and valid marriage to all
intents and purposes, without the publication of banns.
On the other hand, a gentleman, who was formerly the
Lord Chief Justice of the island, said he was of opinion
that by the laws in force in 1837, when the marriage
was solemnized, and still in force, no marriage in general
could be contracted, so as to be good and valid in
law, if contracted without due publication of banns
first had and obtained, unless under a dispensation ac-
corded by the authorities either of the Roman Catholic
or the Protestant Church. Now that went to show him
(Sir H. J. Fust) that there was a power of dispensation
somewhere; and here ,the Governor of the island had
exercised that power of dispensation. He (Sir 11. J.
Fust), therefore, pronounced for the validity of that
marriage.

2,IIDDLES_EX SESSIONS.
(Before the ASSISTANT-JUDGE.)
The June adjourned sessions were commenced this
morning, at the Court house, Cie' kenwell-grcen,
The calendar contains the names of fitty-six pri-
soners.

C. F. O'fiiggings, a member of the medical profes-
sion in Irefano, was brought up under articles of the
peace, preferred against him, at the last sessions, for
violent assaults upon his wife.
The ASSISTANT-JUDGE said, that when persons hold.
ing so respectable a pooition in life as the prisoner, chose
to get drunk habitually, and cruelly ill-use their wiv, s, as
he had done, it would be the care of that Coart,
to prevent a repetition of such conduct. He would
therefore order him to give bail, himself in 2001,, and
two sureties in 1001. each, to keep the peace for twelve
months to all her Majesty's subjects.
The defendant said he had been for some time locked
up in the House of Correction, and he thought that he
was coming here to be tried, and not to be sentenced
without any trial. He was prepared with witnesses.
The ASSISTANT-JUDGE said that no trial was neces-
sary, for there had been enough established to warrant
the Court in holding the defendant to bail, and he should
remain in prison until he found it. There could be no
difficulty in his doing so, if he was as respectable a man
as he ought to be in his station in life.

31-ki RLBRO'-SIRE :T.-(THIS DAY.)
Mr. Hugh Henry Aikman, a gentleman residing at
No. 68, Great Portland-street, was brought before Mr.
Bingham, charged with having committed a most violent
and unprovoked assault upon a police. constable whilst in
the execution of his duty.
Police-constable 72 E stated, that about two o'clock
he was talking to a cabman in Devonshire-street, Port-
land-plug, when the defendant, whom he had previously
seen walking with two females, came up to him, and
called him a "D- dirty, beastly vagabond, and said
he had a great mind to give him in charge." Witness
desired him to go away quietly, and not to
abuse him. The defendant then walked away, and
had got about a dozen yards when he re-
turned, and catching hold of witness by the arm said,
" Now, I will give ycu in charge," at the satne time
calling out " police," us loud as he could. Witness then
asked him what he wanted, and why he called " police."
He made no reply, but took a stick which he had in his
hand and struck witness a tremendous blow over the
head, and knocked him down. The blow was delivered
with such force as to cat his hat through. He was
proceeding to further violmce, when another constable
came up and took the prisoner to the station.
The defendant, in reply to the charge, admitted the
assault. He was labouring under great excitement in
consequence of having indulged too freely in wind, and
had not the least recollection as to what he was doing.
Mr. -BINGHAM said that was no excuse, and commit-
ted him for seven days to the House of Correction.

ROYAL GENERAL ANNUITY
SOCIETY.-FANCY SALE.-THIS DAY.

The grand fancy sale in aid of the funds of this institution
commenced this morning at the Bazaar in Baker-street. The
new room, generally appropriated to the purposes of a car-
riage repository, was used for this occasion, and looked re •
markably well. The walls were tastefully covered with pink
and white fluted calico, while at intervals over the stalls
were placed suits of armour. From the ceiling were sus.-
pended Union Jacks and other national flags, in fes-
toons, so as to form a sort of awning for the whole
length of the room. At one end of the room was erected
an orchestra also ornamented in a similar style, with pieces of
armour and national flags. Here, under the leadership of
Mr. G. F. Taylor, an excellent band performed in quick
succession the favourite polkas and quadrilles of the day.
Among the pieces performed we remarked the Duchess
Polka, composed by Mr. Taylor expressly for this occasion,
the profits arising from which are to be appropriated
to the funds of the institution. The stalls
were arranged down the centre of the room,
and along the sides ; among the fair occupants
we noticed the Duchess of Leeds, the Countess Talbot, Via-
countess Combermere, Lady Blake, Lady Caroline Bathurst,
Mrs. Milner Gibson. The show of goods was unusually at-
tractive, the Duchess of Leeds' stall was peculiarly rich in
fancy needle• work of all descriptions, and we also noticed
a very curious chess-board, the squares of which were formed
by errblazoned scutcheons of various families, those of the
Royal Family occupying their proper position in the
squares of King and Queen. The Countess of Talbot
displayed some beautiful drawings in water colours.
In another part of the room we remarked three splendid
naval models, of the Pegasus, Atlante, and Heros, beautifully
carved in ivory and tortoiseshell ; the first of these was
valued at 600 guines, the other two at 200 each. Owing to
the unfavourable state of the weather the attendance of
visitors was not so numerous as could be wished, but as the
sale continues two days longer we hope that this very
meritorious society will have no reason to complain. We
understand that the principal object of this sale is to start a
fund for the erection of an asylum for the reception of aged
annuitants, and we need not say that such a project is de-
serving of cordial support and success.

CRICKET.-(THIS DAY.)
THE COUNTY OF SURREY (WITH HILLYER AND BOX)
AGAINST ENGLAND.

This match, which commenced yesterday at Lord's,
was resumed this morning. The following is the score
up to_two •'clock:—

SURREY- FIRST INNINGS.
Martingell—st Chatterton, b Wisden
Brockwell—c Esrom, b Lillywhite
Hillyer—b Dean ..• ••• „
Box—c Chatterton, b Lillywhite
Chester—c King, b Dean ...
N. Felix, Esq.—b Lillywhite
Sewell—b Lillywhite . .
C. Hoare, Esq.—b Dean ...
W. Hammersley, Esq.—b Lillywhite
Heath—not out ...
Sherman—c King, b Lillywhite
b 4, w 1, n b

... 9
... 57
... 12
... 19

... 5
... 15
... 8
... o

... • • ... 2
... 0

... ... ... ... .5