The Sun.
London, England, 1849-11-03 00:00:00

THE SUN, LONDON, SATU RDA y EVENING NOVEMBER ; 1849

ing Eno as to the course you think it well to adopt. I charged with disturbing the audience at Drury-lane
doubt if you will find the committee very good s( curity. i Theatre.
You must look to me." This bore the date of the 18th Police-constable, 102 A, stated that lest night he was
Of Jane. The letter of the 14th of July eonteieed the called into the theatre to quell a disturbance, when he
following:—" You wish to di ate upon an imaginary found the prisoner standing on one of the seats, and be-
fund=l have paid more than I have received; but I f having himself in a most violent manner. Ho pulled
send you 15/." In the defence it was contended that the him down and requested bim to be quiet, but instead of
piaintiirs bill proved that the defendent was not liable, obeying bias be seized hold of his arms, and protested
and indeed Lord Denman said that there was no item in that be would have him transported, lie then took him
it to show that the plaintiff had at the outset received a into custody
retainer from the defendant. The first item spoke of The defendant denied the charge, and explained that
receiving instructions from Mr. Atherley, the lath.er•na he got up on the seat to see what was the matter, a ring
law of Jones, to attend at Neegato in order to see him, having been formed at the back of the orchestra for a
aed to take instructions for his &flew, of taking in- fight between two gentlemen (?) The theatre was very
structions from Jones as to obtaining bail, of conic/turn- I crowded, and much confusion prevailed; but it would
eating with the defence committee as to the defence of have subsided had the police interfered to a more dis-
the prisoners, and of conferring with them as to the re- cruet manner.
quisite funds: also that at a meeting of the defence com- Two friends and a brother of the defendant confirmed
mittee he was requested to take his instructions from this statement, but of course their testimony went for
the defendant. Then there was the evidence of members nothing as egainst the police, who certainly had not
of the committee. It was sheen that on the 23d of displayed the best of feeling towards there young men.
June last the plaintiff and defendant were present at one Mr. Ifeenv said the public complained a good deal
of the meetings, and that when the defendants learned of the disturbances got up!by a few individuals in places
that the plaintiff had been retained, he said had he been of amusement, and something must be done to put a
in town he should not have employed him, as he was a stop to the practice.
young man and not sufficiently estaernmeed to be Tbe defendant observed that the place was very
entrusted with such a case, and that he would only be crowded, and that he was not the cause of the disturb•
answerable for the money he might receive. ance.
Mr. Justice ERLE drew attention to the fact that this Mr. HENRY had no doubt, in the excitement of the
Conversation was subsequent to the former letter its the moment, the defendant enjoyed the confusion much,
same month. which tended most likely to increase it; but he must
Mr. Sergeant SIIEE said it nevertheless supported the be taught to know better, and be should therefore
defence. Then Mr. Hewett, the defendant's secretary, inflict a fine of 5/.. or a month's imprisonment.
preyed that the plaintiff called upon the defendant at his The fine was paid.
residence at Notting•bill, and that the plaintiff told him An elder brother of the lest defendant was charged
the same. Again, letters were put in from the plaintiff te with having obstructed the police in tic executions of
the committee, of which the defendant was not a weeder their duty.
asking for money, which he said was urgently require( Police-cons!able 72 A, stated that after the last
fur the defence of the prisoners, and also acknowledgiui prisoner had been taken into the staeien-house at Bow-
the receipt of money from the committee. street, the present defendant came up and pushed
Mr. Justice COLERIDGE said the Court would consui against bins in a very rough manner.
Lord Denman. The defendant protested that he did no such thing.
He went quietly up to the station, and told the police
that be was the brother of the prisoner they had just
arrested, and lie was anxious to go in and See him.
Mr. HENRY gave no credit to this reasonable explana-
tion, but fused the defendant 40s. or a fortnight's im-
prisonment.
The fine was paid.
The defendant, before` quitting the court, wished to
ask the magistrate whether ho thought it right that a
policeman, whose number he had taken, wai justified in
saying to him, a hen ha inquired what his brother was
charged with, "It would serve you d—d well right if
you were lacked up too."
Mr. Ileeinv—C, rtainly not.
The inspector said the complaint of the defendant
would be made known in the proper quarter and inquired
'.rite.

PRATT V. .
Thil was an action tried atH
theANBURY last Middlesex sittings,
before Lord Denman, when a verdict was found for the
defendant. It was an action brought by a publican
named Pratt, to recover compensation in clarnagf s from
!he Messrs. Hanbury, the well-known brewers, for false
imprisonment. A person named Press, in their employ,
left a barrel of ale at the house of the defendant, in order
that he might ascertain who it was for, he having fey-
gotten, and not wishing to subject himself to a line
which was imposed by his employers for such negli-
gence. The barrel was stationed in a conspicuous part
of the house, the plaintiff having, before it was left, asked
Press if he had the usual ticket, to which
he replied he had not. The plaintiff and Press were
charged with stealing the barrel of ale, but he was im •
mediately acquitted, and brought this action to clear his
character.

Mr. JAMES now applied fur arule fora new trial on the
ground that the plea was amended by his Lordship by the
erasure of the words " stolen by some person unknown,"
and tho insertion of the words "stolen by Thomas Press."
Ile contended the amendment completely altered the
course which the plaintiff intended to pursue, and that
it was far beyond the limits of amendment recognised by
the law.
The COURT said the recent statute gave Judges at
nisi prius full power to amend matters not vitally im-
portant to the case, among which might be classed the
amendment in this case. The plaintiff must have known
litat the person unknown was Press.
The application was therefore refused.

THE QUIET HOUR.
(From Eliza Cook's Journal.)
Listen, listen, sounds are stealing
Tiptoe on the balmy air;
Eve, her rainbow robe revealing.
Blushes through the twilight lair,
Whilst dreamy voices, toueh'd with Pleasure's pain,
Hum their sweet inemse through the yearning brain

Listen, listen, Etrearni are singing
Down amid the amber glade;
Fairies perfumed bells are ringing,
The night• bird trills from out the shade:
Shall not our silent soul.s awake to move
In unison, when all around is love?

EXCHEQUER.-(THIS DAY.)
(Sittings in Banco, at Westroirstcr, before tiro LORD
Ciii BARON, Mr. Baron ALDERSON, and Mr. Baron
LOLYE

T. J. OUSELEY,

Week
ending

HUNGARY.
TO THE EDITOR OF THE SUN.
is necessary to watch the pro-Haynau
press closely, and every now and then expose a few
out of the millions of false statements and inferences
with which it is attempted to mislead the British
people.

- A morning paper of to-day has its usual article
from " our own correspondent," who, dating from
Szegedin, ingeniously contrives to introduce just one
casual word (" accidentally done on purpose"), hoping,
doubtless, that it would "pass in the crowd,' and
poison some readers' mind who might happen not to
be " up " in the Hungarian question.
This word is " repeal." Kossuth is said to have
attempted the " repeal " of the " union," ingeniously
assuming that an " union " existed between Austria
and Hungary. Now, no such " union " ever existed !! !
(as you, Sir, well know !) Kossuth did not attempt
to " repeal" the union, but to prevent an absorption
of a despotism.--Yours ever,
Nov. 2, 1849.

VERITAS.

TESTIMONIAL
TO THE HUNGARIAN REFUGEES

THE HUNGARIAN NATION COUNTS ON THE SYMPATHY
OF EVERY NATION 'WHICH LOVES RIGHT AND Ll-
BERTY."—Kosszah's Protest against Russian Interven-
tion.

Subscriptions may be sent to the following bankers:—
Messrs. Coutts and Co.
Messrs. Drummond.
• Messrs. Smith, Payne, and Smith ;
onto any one of the members of the committee formed
to carry out the Testimonial.
***All further Post-office orders to be made payable toMurdo
Young, Esq., at the Money Order Office, Strand.
Subscriptions already received ... ,£1,119 11 7
A Few Friends to the Hungarians, Plymouth,
per Mr. E. Brown ...
Collected at Liverpool, and remitted by Eyre
Evans, Esq., per Lord Dudley Stuart ..

Total

... 1 0 0

... 33 1 0

. £1,153 12

CHOLERA AND DIARRIREA

ENGLAND AND WALES.
The following is the Return of Deaths from Cholera and
Diarrllce4 reported to the General Board of Health
November 2, 1849 :
SUPERINTENDENT-REGISTRAR'S DISTRICT.
Deaths.
Cholera. Diarrh.

Belford Union...
Bradford (Manningham) ...
Bridgewater ...
Crediton ~. ••• ~,
Dartford (Horton Kirby) ...
Doneaiter (Barnborough distriet)—
Dudlcy, Sedgley, End Rowley
Regis ... ••• ...
Falmouth (Constantine) ~,
Knaresborough ~. ~,
Lanca‘ter

1 0
4 0

2 0

2 2
1 0
4 2
1 0
1 0
1 0
- 0 1

Leeds ... ..• •••
Leydon (Paden district)
Liverpool
Marlborough (Broad Hinton)
Newcastle-on-Tyne
Penzance (Churchtown)
St. Column Major (Newlyn)...
.itaniford (Coliyweston)
Stourbridge and Kingswinford
Tenterden
lilvcrstone ••• ••
Wal,all (Borough) ..
West Bromwich ••,
hitehaven
Windsor (King's-road)

1 0

1 0
1 0

5 0

1 0
5 0

Total

SCOTLAND.

Bo'rzess .

Ilawick

Total .

GENERAL TOTAL.
England and Wales ...
Scotland ... ..•

3

36 13
3 0

Total ... 39 13
NOTE.—The deaths are returned according to the
superintendent registrars' districts, as it is found
practicable to distinguish every place separately.

RAIL WA Y RETURNS
RAILWAY TILAFFIC.—The following are the Total Receipts of Rail-
ways for the past week—that is to say, up to the date to which the
respective returns are made, together with the receipts of the same
week in the previous year :

Last
week.

JULLIEN'6' PROMENADE CON-
CEnTS AT DRURY-LANE THEATRE.
Last night Al. Jullien commenced his annual
concert campaign at this theatre, and we have to
complain that this said annual concert campaign
of M. Jullien is always too short, never extending
beyond six vaeks, often only lasting for a month,
whereas its duration should be for three months at
least. The orchestra is full and complete as ever,
and all the old celebrities, Keenig, Baumann,
Collinet, Prospere, &c., are there, whilst we have
in addition Herr Adolphe liicenig, first horn player
to the King of Bavaria (who bids fair, judging from
his performance on the valve horn last evening, to
rival his brother on the cornet•a-piston).
Mr. Pratten, whose purity of tone and
facility of execution on the flute we have never
heard surpassed, and Herr Somers, a first-rate per-
former on the saxophon. Madlle. Jetty Treffz
is also engaged, and lest night she sung " Batti
I3atti," from Don Giovanni, with exquisite
grace, and on being encored she substituted for it
the English ballad " Home, sweet home," which we
have never heard so exquisitely, so feelingly rendered as
it was last evening by Jetty Treffz. In the second part
she sung the celebrated Trap Trap, in which of course
she was rapturously encored. The great novelty of the
evening was the selection from Le Prophete, in which
Herr Adolphe Koenig performed on the valve horn
the romanzs, "Ta pauvre Mere," and Mr.
Pratten on the flute, " Pour Bertha le
soupir," with great taste, accuracy, and effect.
The selections comprised all the most favourite airs
of the opera, and concluded with the (Anise des
Patineurs, in which Jullien seemed to revel.
Among the solo performers of the evening
we must nut omit to mention Mr. V.
Collins, whose performance of last night
would be alone sufficient to aecure for him a place
among the foremost violinists of the day. Between
the parts the National Anthem was played. Its repe-
tition was demanded, and the demand was at once com-
plied with, it was re demanded, and Jullien substituted
" Rule Britannia," which was received with immense
applause. In the interval between the parts some
members of the swell mob attempted to get up a row
for the purpose of picking pockets, and endeavoured
to make a rush through the promenade ; the police,
however, were in attendance, and the pickpockets
and their disorderly companions were expelled
from the theatre. The conduct of the gents at
public places has of late been an intolerable
nuisance, and we trust that the magistrates
will, in all cases of this nature which may be brought
before them, inflict imprisonment instead of a fine.
If it were once generally known that imprisonment
was the inevitable consequence of engaging
in a "row" at a place of public amusement,
the swell-rnobsmen and their allies, the disorderlies,
would cease to create disturbances. The fittings up
of the promenade are in exquisite taste, and the ar-
rangements as to refreshments are admirable. The
theatre was crammed to suffocation in every part.

guilt--its compunctious visitings of " the worm that
never dies"--and its guilty stricken terrors, yet she
has certainly given a representation of it that is
superior to that of any other actress we have seen
since the days of Siddons—that is, as far as the first
two acts are rendered by her ; for her personation is
unequal.
The great feature of Miss Cushman's Lady Macbeth
is, that she deals in no subtle abstractions in her
interpretation of the part—all is as plain as a problem
in Euclid, worked out by a master. She finds the
Lady Macbeth of the Poet " a bold, bad woman"—
and such she renders her to the audience. There are
no half measures with her—no hesitating on the
means to be used to acquire her object—no compunc-
tions stop her. She actually does overpower her less
firm husband by the "intensity of high intellect, bold
spirit, and lofty desires"—all which qualities are ren-
dered as palpable by Miss Cushman, in every word
and action, as if the spectator was literally anatomiz-
ing the inmost secrets of her heart and mind. From
the moment she reads the announcement of the pro-
mised honours by the witches, to the final catastrophe
which places the "golden round" upon her husband's
head, she is the same. Ever, the passage—" Had he
not resembled my father as he slept, I would have
done it," which the critics quote as affording the only
proof of Lady Macbeth's humanity of feeling—was
given by her with an intensity of desperate firmness,
as if she were above the ordinary feelings of our
nature. It was absolutely a thrilling exposition of the
text—entirely new. In carrying out her conception,
she gave many other equally new and striking read-
ings, which we cannot pause to enumerate. One how-
ever we must note from its surpassing power and
beauty. She invokes the "spirits" arm " murdering
ministers" as if she were indeed holding communion
with them—and were in truth "transported beyond
the ignorant present." The whole passage is con-
ceived and executed with a sublimity almost incon-
ceivable—unless witnessed. We were glad to see her
retain the old reading of—
" We fail?"
-

as a scornful interrogation, implying a negative. 'We
have always thought that Mrs. Siddons erred in
giving it affirmatively. The context—

" But screw your courage to the sticking place
And we'll not fail,
clearly warrants, in our mind, Miss Cushman's read-
ing of the passage.
We have left ourselves but little space to notice the
latter portion of her Lady Macbeth. It lacked, to
our notion, the salutary monition, which extracted
from a learned member of the Church the expression,
that he had received a clearer exposition of the coin-
mandment—

" Thou shalt do no Murder,"
from the acting of Siddons and Kemble in the closing
scenes of this play, than he had ever obtained from
any erudite annotation on the divine injunction. Miss
Cushman does not yet convey the remorse and com-
punctious visitings of conscience, that may be pre-
sumed to accompany great crime. Even her dream
scene is but the re enacting of the dreadful reality,
with similar intensity and despair. We are willing
to believe that Miss Cushman has not yet thoroughly
worked out her own conception. She seems only to
have completed two acts. Let her but bring all her
genius, and commanding powers of intellect and exe-
cution to the concluding portions of the part, and it
will be one of the most wonderful exhibitions of his-
trionics that the modern stage has witnessed.
Miss Cushman has added Mariana in the Wife,
and Julia in the Hunchback, to the list of parts
played this week. We have not seen them, and we
regretted to see them announced. There are charac-
ters in the drama in which she can safely defy all
comparison and competition. There are others where
comparison would he fatal to her. These she should
avoid. The public are looking for her Queen
Catherine, Bianca, Meg Merrilies, Romeo, Hamlet,
and other parts in which her transcendent excellence
has been unequivocally acknowledged.

COURT CIRCULAR.
WINDSOR, FRIDAY.
The Queen and his Royal Highness Prince Albert
took their accustomed early walk this morning, in
the Slopes.
The Royal Family took walking and pony ex-
ercise.

His Royal Highness Prince Albert went out hunt.
mg this morning, attended by Lieutenant Colone,
Ron. A. Gordon.

Lieutenant-Colonel Hon. C. B. and Mrs. Phipps
will have the honour of joining the Royal dinner
party this evening.
Lieutenant• Colonel Hon. A. Gordon has relieved
Lieutenant-Colonel F. H. Seymour in his duty as
Equerry in waiting to Prince Albert.

MAGAZINES, &c.—(CONTINUED).
THE NEW MONTHLY.
The New Monthly opens with the continuation
and conclusion of Horace Smith's " Posthumous
Memoir of Myself"—a narrative the title of which
would seem to indicate a companion work to the
celebrated Armoires d'outre Tombe of Chateau-
briand, but which, in fact, is merely the imaginary
reminiscences of a victim of hasty interment. The
feelings of the buried man as he lies in his coffin in
the vault, and hears the striking of the clock over-
head, are de.scribed with a horrible vraisemblance.
The princi,,al articles in this number of the New
Monthly relate to foreign scenes, such as " A Drift
Log on the Mississippi;" " The Spirit of Change in
Southern Europe ;" " A Fortnight on the Loire ;"
" Dr. Layard and the Last of the Chaldeans ;" " An
Excursion to Niagara and Canada," &c. " Soapey
Sponge's Sporting Tour" is continued too long.

I have had in my day! Although oftentimes awakene
somewhat rudely, I only wept and dreamt again. Even
at this distance of time I can rccall them. Not one,
looking back through the vista of past years, and with
the eye of faith—not one, could it have been realised,
would have been half so safe fcr me as the path by
vvhiolt I have been mercitully led, notwithstanding my
frequent wanderings. It takes lung before the irritat-
ing grain of sand, accidenlly introduced ithi the
shell of an oyster becometas a pearl—beforew then bird
learns its new sweet notes in darkness and solitude; but
the pearl and the song at last appear at last to enrich
and refrosti others with beauty and melody.
" Well may we pray with the poet—
" ' 0 grant us n the
We blindly ask; in very love refuseill
Whate'er thou know'st our weakness would abuse.'"
___--,-...,--_----

THE PEOPLE'S AND HOWITT'S
JOURNAL.
The illustrations in this journal are somewhat im-
proved, and the literary contents are excellent. " The
Secret of Success" is a short but very suggestive
article, worthy of being remembered. L teaches no
new truth, but one that cannot be too often repeated
—that the secret of success is contained in one word,
Perseverance. "Thoughts on Texts from Jean
Paul " is an excellent paper, bountifully adorned
with prose and verse quotations. One of the " texts"
of these remarks is the following practical lesson.:—
" Do not wait for extraordinary opportunities for good
actions, but make uae of common situations. A long
continued walk is better than a short flight."

THE JOURNAL OF DESIGN.
The Journal of Design is rendered " beautiful
exceedingly" by the profusion of elegant designs
which adorn its pages. A paper on the Birmingham
exposition of arts gives an interesting criticism on the
various specimeins there exhibited, accompanied with
numerous illustrative engravings. Some of these are
extremely graceful. Among the specimens of various
materials at the end of the Journal is a beautiful and
very novel design for paper-banging.