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

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the point resp*ting the exercise
in such time be for ever pi
doubt in that respect cannot fai
judicial effect upon the dispositions ,
defenders the colony ever had. )4' att
The fate of the two actions is, as already s.
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 and 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.

PRICE SD.

CIZIMINAL CASE.
Lieut.-Colonel Lindsay, 21,A Regirm.nt, for assault
on John Smith.

I. This was a proscuticii instituted by the aggrieved
o arty` Against the officer named, for having, while in
cornmaia.2 of Fort Peddle, in the middle of last year,
caused him, x'ithout trial, to be stripped, tied up,-and
flogged, for reftisf to go out ami cut fire4vo, d !ur
the post, at a time when the country round was In-
fested with Kafirs. This case,
Ishierv,r.loerie,e:l'i•stened
declined to bring the action, ,stid the case had, at the
Court
r.att
vvtahsecrv,e,wrieodu tasnedt.
ther.r apltireoGickrieattethdollirnitnnity -
request of the parties been remov,,d from the Supreme
broke
General had
Court to the Circuit Court The
to with great interest.
Mr. Attorney Jarvis proceeded to state' his ex-
ceptionpliance
N‘toi
thh e
the proceedings, esdeientgi
section
o
, nfarnely,
the
and 69th section of rules of the Supreme Court,
making it imperative on parties who should prosecute
40ththe 0121
:1- care:,
any case after being declined by the prosecutor ta'
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 peace, 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 ease.
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 it 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 teen
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. Adrocate Ebden gave notice that the process
would be carried on in the Supreme Court.

CIVIL CASE.—J. SMITH V. MARTIN LINDSAY.
U.SI -.l..zlurFflay actlor. aB4.l:;z:t 141:,ut.•Loh.nei
Lindsay, at the suit of John Smith, for damages laid
t 1,0001., for having caused him to be flogged at
Fort Peddie, &c., came on for hearing, Mr. Advocate
Elden 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
he 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, where 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. lie 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 eonrt seems to bear ex.
tremely hard upon the plaintiff, 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 riewed 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 Colonel 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 bim
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 in their hands be so disposed of as
shall fully meet the claims of public justice.

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, fromthe humblest article of house-
hold furniture up to carriages and diamonds. A brace
of clever swindlers have just contrived to take advantage
of this custom to make a great many victims. A short
time since a notice was published at one of the Manes
of the marriage of the Vicomte Adrian de J— with
the Countess Ilermingarde 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 it
splendid apartment in the Rue de Provence, and the fair
Countess occupied an apartment in a hotel of the Falls
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
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 coup 6, one
of the carriages called Aniericaines, household and poi:.
sonal linen, a complete wardrobe for himself and his
domestic, and a splendid eorbeille for his bride. Tho 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 20,000 fr., he first required to
finger the 1,000,000 fr. fortune of his future wife, and the
300,000 fr. which his parents were to advance him, to-
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 Vari6ifs.
The worthy couple are, it is believed, at Baden-Baden
or Homburg."
FALL OF A GRAIN LOFT.—Some days ago one of
the lofts of a granary at Craigie gave way, and fell to
the ground floor, with all its accumulated treasures,.io
one promiscuous uproar. We believe more granaries
throughout the country have fallen within the last BIZ
months than during the previous sixty years—certain!Y
no proof of the scarcity so loudly asserted to exist in
the land.—Perth Advertiser.