The Sun.
London, England, 1847-07-01 00:00:00

F.•''''.-
.Af
zup
, /..„„.•
the point respecting the exercise of mill authority
in such times be for ever properly decided. Any
doubt in that respect cannot fail to have a highly pr
4radicial effect upon the disposjtions of the most able
defenders the colony ever had.
The fate of the two actions is, as already stated,
fully set forth in the subjoined report of the trial—
the one having failed on account of a technical ex-
ception of which the defendant ingeniously availed
himself, and the other referred to the Supreme
Court by the judge himself. We expressly refrain
for the present from making any remarks on these
proceedings, fully concurring in those made by the
local paper, and which, as will be seen, emphatically
allude to the hardship imposed upon the plaintiff to
send his witnesses to Cape Town—a distance of 600
miles arid upwards. But one remark we beg to add
in conclusion, and this is embraced in the question,
what could have prevented the judge to hear the wit-
nesses in the civil suit, leaving the arguments and
the decision thereon to the Supreme Court ? If I
mistake not, this course has been followed in more
than one instance.

CRIMINAL CASE.
Lieut.-Colonel Lindsay, 21st Regiment, for assault
on John Smith.

This was a proscution instituted by the aggrier,
party against the officer named, for having, while
command of Fort Peddie, in the middle of last
caused him, without trial, to be stripped, tied up.
flogged, for refusing to go out and cut firewc. '
the post, at a time when the country round w
fested with Kafirs. This case, it will be seer
out at the very outset. The Attorney-Ge;
declined to bring the action, and the case h;
request of the parties been removed from the
Court to the Circuit Court at Graham's Towi
Court was crowded and the proceedings were lis,
to with great interest.
Mr. Attorney Jarvis proceeded to state his • -
ception to the proceedings, namely, the non-com•
pliance with the 20th section of the 40th ordinance,
and 69th section of rules of the Supreme Court,
making it imperative on parties who should prosecute
any case after being declined by the prosecutor to
enter into recognisances and find sureties for the costs
of such prosecution.
Mr. Ebden contended with great warmth against
this objection, arguing that the required security had
been tendered to the acting clerk of the place, who
had not considered it of importance, and which, there-
fore, had not been given ; but that he then tendered
the required recognisances. He trusted that a case
of this high importance would not be got rid of by a
frivolous objection. Counsel was proceeding to make
some strong remarks upon the merits of the case, but
was stopped by the Court, his Lordship remarking
that he could not permit him to indulge in any
personalities in addressing the Court on a tech-
nical point ; that the Court knew nothing of
the case except what appeared on the face of the in-
dictment—namely, that it was a simple assault on a
person named John Smith; but that if, as had been
stated, the case involved matters arising out of the
late proclamation of martial law, then it was a sub-
ject which could only be ,fairly and advantageously
discussed before the Supreme Court, where her
Majesty's Attorney-General would be present to
defend, if they admitted of defence, the acts of the
the Government. Counsel must be aware that he
had no argument here when the rules of the Supreme
Court and these had not been complied with, hence
the case could not be entertained. It was absurd to
argue that the observance of those rules in that case
had been waived by Mr. Wienand, the acting clerk
of the peace, who had no such authority, and any
such plea could not be listened to for a moment.
[The Acting Clerk of the Peace explained to the
Court that he had not given his assent to any such
informality as that in question ; it was a matter in
which he had nothing to do, and he had stated so,
having told the attorney in the case, Mr. Roberts,
that he had no authority as clerk to the resident
magistrate to issue a summons for the attendance of
Colonel Lindsay ; but he urged him to do so and he
complied, Mr. Roberts saying he would take upon
himself all the responsibility.]
His Lordship inquired in what manner other par-
ties were brought into Court ? The Acting Clerk of
the Peace replied, by writ of the Supreme Court.
Mr. Ebden then requested that the case might be re-
turned to the Supreme Court. His Lordship replied
he had no power to make any order whatever upon
the subject, the case was not before him ; had it
been, he trusted Counsel had seen sufficient of him
to know that he should have treated it upon its own
merits, without any reference to the rank or station
of the parties. His Lordship added, that all docu-
ments in the Circuit Court were returned to the Su-
preme Court, and the indictment in that case, and
which was the only document sent up, would be so re-
turned in due course.

Exception allowed and case dismissed. The ques-
tion of costs referred to the Supreme Court.
Mr. Advocate Ebden gave notice that the process
would be carried on i❑ the Supreme Court.

CIVIL CASE.-J. SMITH V. MARTIN LINDSAY.

On Thursday the action against Lieut.-Colonel
Lindsay, at the suit of John Smith, for damages laid
at 1,0001., for having caused him to be flogged at
Fort Peddie, &c., caine on for hearing, Mr. Advocate
Ebden appearing for plaintiff, and Mr. Attorney
Jarvis for defendant. The Court suggested that the
case should be removed by consent to the Supreme
Court in Cape Town. This the counsel for the
plaintiff stated he could not consent to, dwelling very
forcibly upon the hardship to which plaintiff would
be subjected by such removal.
The Judge, on the other hand, contended that the
case was one which involved questions connected
with the promulgation of martial law, and which
he felt it his duty, with or without consent,
to remove to the Supreme Court, mlere alone
-it could be properly determined. The counsel
for the prosecution then moved that costs might be
given him, and on the court demurring to this, en-
tered into a lengthened and warm argument, the ob-
ject of which was to show that the course of justice in
this case had been improperly turned aside. The
judge, with eloquence and dignity, rebuked counsel
for the intemperance of his language, and again
pointed out forcibly the impropriety of his determin-
ing singly a case involving matters of such vital mo-
ment, and which was connected with the acts of the
Government while defending the colony. He had
consulted his brother judges, and they were of opinion
that it would be improper to entertain a question of
such moment on circuit. Case removed accordingly,
and the question of costs referred also for the con-
sideration of Supreme Court.

This decision of the court seems to bear ex-
tremely hard upon the p:aintiff, who is clearly
entitled to redress for having been treated
with indignity and cruelty by order of the de-
fendant. The judge has given his reasons for im-
posing on the injured party, a poor youth, the neces-
sity of taking his witnesses to Cape Town, a distance
of 600 miles, and in which, it must be admitted, there
is considerable force. Without prejudging the case,
we may say that we have always viewed the act of
Col. Lindsay as a wanton stretch of arbitrary power,
not warranted by the rules of the military service,
still less by martial or any other law then in force.
Still we are quite willing that Co.onel Lindsay should
be dealt with fairly, and that everything should be
said in his defence that can be urged; but on the
other hand his rank in the service must not screen him
from the consequences of the commission of an illegal
act. Standing, however, as the judges of this colony
do, high in the estimation of the public for fearless
independency, it may be confidently assumed that the
whole matter will
ewtiltlhienctlhaiemirshoafn:llic
hands be 0 disposed of as
justice.shall 8

We read in the Gazette des Tribunaux .—" It is
the usage of Parisien tradesmen to address to all persons
whose banns of marriage are officially published pros-
pectuses and circulars, containing offers of merchandise
of all descriptions, from the humblest article of house-
hold furniture up to carriages. and diamonds. A brace
published at one of the Mairiee
cmfehatwhakleiesaVicomte Adrian de J— with
t•loohiiffmetcthohlCeeisovsimeuncrneuaestrsewtr; n
slisaningdetoloetoris Hermingarde de K—, and the same no-
tice was repeated in the church by the Cure of the lady's
parish. Immediately the Parisien tradesmen obtained
the addresses of the bridegroom and bride, and pressed
on them their offers of service. The Viscount lived in a
splendid apartment in the Rue de Provence, and the fair
Countess occupied an apartment in a hotel of the Falk.
Bourg St. Germain, where she was under the tender care
of an affectionate mother. After a great many entree.
ties the Viscount graciously consented to purchase 8
splendid set of diamonds and a silver table service from
tradesmen in the Palais Royal and the Place Vendome;
from other persons he accepted five horses, a coups, ona
of the carriages called Arnericaines, household and per
sonal linen, a complete wardrobe for himself and his
domestic, and a splendid corbeille for his bride. The lady,
on her part also made several very extensive purchases.
Neither, however, undertook to pay before the conclu-
sion of the marriage, the Viscount pleading that, having;
only a paltry income of 20,000fe:, be first required to
Ohei
which
0 eh
sfrp.
afor;tnutns e
ef
rhis future
o sd v
awn icfee,
hainmd, tthos.t.
3fi On og,eoro Ot he
f r.
wards the expense of setting up an establishment. Bills,
however, were offered and accepted. A few days after
the tradesmen were much surprised to discover that the
Viscount and the Countess, and the mamma of the
Countess, had all vanished. Inquiries having been set
on foot, it was discovered that the Viscount is a Greek,
who had been expulsed from a watering-place for cheat.
ing at cards, and that the COuntess is a simple actress
and was lately engaged at the Theatre des Variities.
The worthy couple are, it is believed, at Baden-Baden
or Homburg."
FALL OF A GitArN LOFT.—Some days ago one of
the lofts of a granary at Craigie gave way, and fell tothe ground floor, with all its accumulated treasures, n
one promiscuous uproar. We believe more granaries
throughout the country have fallen within the last. six
months than during the previous sixty years—certaml7
no proof of the scarcity so loudly asserted to exist is
the laud.—Perth Advertise-.