The Sun.
London, England, 1870-06-25 00:00:00

THE SUN, LONDON, SATURDAY EVESING, JUNE 25, 1870.

LAW AND POLICE.

YACHTING TRANSACTIONS.—In the Court of Queen's
Bench the action brought by Sir J. P. Shelley, Bart.,
against the Marquis of Drogheda, with respect to the
sale of a yacht, was called on, but it was announced that
a juror had been withdrawn.
HEAVY DAMAGES.—A heavy claim upon the North-
Eastern Railway Company has been the subject of inves-
tigation this week before a special jury in the Sheriff's
Court at Doncaster. The claim was for severance and
damage to warping works adjacent to the new Doncaster
and Hull Railway. After a three day's hearing the
result is a verdict for £16,567.
" DEARLY BELOVED."—There was a curious discussion
before the Dublin Court of Probate as to whether a tes-
tator's " dearly beloved" was his widow. The testator,
Michael Sullivan, of Cork, by his will, dated the sth
November, 1869, bequeathed allhis property "to my dearly
beloved, and I appoint her executrix." It appeared that
the deceased had instructed his solicitor to leave his pro-
perty to his wife, and that the solicitor, in drawing his
will, intended to write the words "my dearly beloved
wife," but by mistake omitted the word "wife." Judge
Warren took time to consider whether the evidence was
admissible ; he had no doubt that it was conclusive.
THE MEN IN FEMALE ATTIRE.—It has been ascertained
at the Judges' Chambers that no further application had
been made to put in bail in the cases of the defendants
committed to the Old Bailey. The sessions will commence
on Monday fortnight, the 11th proximo, and the only de-
fendant on bail at present is Mr. Hurt, who will be
defended through Mr. George Lewis, jun., by Sir John
Karslake' on a very large fee. The defendant Fiske
expected to find bail on the reduced amount of two in
£5OO each, but at present has not been successful. Mr.
Giffard, Q.C., has been retained on his behalf. The other
other defendants, Park and Boulton,will be defended by Mr.
Serjeant Ballantine and Mr. Serjeant Parry. The Attorney
General will prosecute in the several cases. Lord Chief
Justice Cockburn is the presiding judge on the rota at the
forthcoming session of the Central Criminal Court.
THE SPECIAL JURY SYSTEM.—In the Court of Common
Pleas a special juryman in a railway case applied to be
excused from further service, inasmuch as he had served
several times during the present sittings. Mr, Justice
Brett said it was part of the present inconvenient sys-
tem of special j ;
uries, which everybody hoped would
speedily be remedied but in the meantime the complain-
ing juror was only in the same position as many others,
and could not be excused on the ground alleged. If'
parties paid for a special jury they were entitled to it.
SAVAGE FREAK OF A DOG FANCIER.—DanieI Walsh
was charged at Liverpool, at the instance of the Society
for the Prevention of Cruelty to Animals, with brutally
. .

ill-treating a dog which he used for breeding purposes.
He had not only drawn all its teeth, .but had removed the
greater portion of its jaw. The animal had died in con-
sequence. Walsh was fined 60s. and costs, with the
alternative of six weeks imprisonment.
THE BUENOS AYRES RAILWAY COMPANY AND THEIR
CONTRACTOR.—Vice-Chancellor Stuart has granted an
injunction against the Northern Railway of Buenos Ayres
Company, at the instance of the assignees of their late
contractor, Mr. Eugene Murray, restraining them from
raising debentures to the extent of £16,000, for the pur-
pose of paying dividends, until his own claims shall
have been satisfied, and also from converting
their tramway into a railway, or by any
means extending their undertaking, until they had
increased their original capital to £250,000. Sir J. Stuart
expressed his opinion that the directors, of whom Mr. C.
Seale Hayne is chairman, had acted in an unauthorised
manner, and granted liberty to the plaintiffs to apply for
a decree to examine the accounts of the company in order
to ascertain what sum was owing in respect of the con-
struction of the line over the contract priee of £lOO,OOO.
A JUVENILE SHOPLIFTER.—Sarah Ann Jackson, aged
16 ,years, was brought up at the Thames Police-court,
charged with stealing three rings and two earrings, the
property of David Davids, a 'dealer in fancy goods, No.
48, Commercial-road The prisoner came to his shop
yesterday afternoon and looked at a large quantity of
articles, but she did not buy anything. • She then drew
his:attention to two men in the street, and said she did not
want to be seen by them. She was advised to go to the
back part of the shop, where she remained a short time,
and left. After she had gone he missed two pairs of ear-
rings and three rings, in all about 18s. He went after
her, but did not find her. He then gave information to
the police. This morning he saw her go by his shop and
gave her in charge. In answer to the magistrate he said
he had often seen the prisoner loitering about, but
had no suspicion of her. He thought she was a respectable
girl. The prisoner was remanded for a week.
DISGRACEFUL CONDUCT AND ASSAULT.—Geo. Cook, a
bootmaker, was charged before Mr. Benson at Marlborough-
street Police-court, yesterday, with being drunk, disorderly,
and assaulting Richard Edwards, in the employ of Messrs.
Roberts and Edwards, furniture dealers, near Wardour-
street, Soho. The complainant said that on the previous
afternoon the prisoner entered his employers' shop, and
demanded the sum of £5, which he said one of the clerks
owed a loan office. No one knowing anything of the
prisoner he was requested to leave the shop, when he
refused to do so. As it was then observed that
the prisoner was drunk, and there were several ladies in
the shop, the prisoner was put out, when he returned and
kicked him and knocked him against a cabinet on which
there was 100 guineas worth of china. He was then given
into custody. The prisoner said he knew he had done
wrong, and that he ought to have gone out when re-
quested. Mr. Benson said it was very gross misconduct,
and inflicted a fine of 20s or seven days.

£5OO DAMAGES FOR THE LOSS OF A WIFE. —ln the
Divorce Court the cause of " Batty v. Batty and Gower "
engaged the attention of Lord Penzance and a jury. The
petitioner prayed for a dissolution of his marriage on the
ground of his wife's adultery with the co-respondent.
The parties were married at Derby, and there were seve-
ral children. Subsequently they removed to London.
where Mr. Batty carried on the business of a tailor
in the Poultry, and had a country house
in Clifton-road, Dalston. The respondent was
landlord of the Lord Stanley Hotel, at the same
place, and through his children going to the same school
the families became intimate. One evening when the
petitioner arrived home, he found his wife missing, and
on inquiries being instituted it was found that she had gone
away with the co-respondent. —These facts were clearly
proved, and the jury awarded the petitioner £5OO ,
damages; whilst the learned judge granted a decree nisi
for a dissolution of the marriage:
QUESTION OF SCOTCH DOMICILE.—Vice-Chancellor James
delivered judgment yesterday in the case of Aitcheson
v. Dixon. The question at issue was, whether the
widow of Mr. Allen was entitled to property left her
by Mr. John Gough, who, at the time' of his death
was possessed of considerable wealth. The plaintiffs
disputed her claim, alleging that the domicile 'of Mr.
Allen was Scotch, and that the property in dispute,
according to Scotch law, could not vest in Mrs. Allen. Mr.
Allen was born in Scotland, and had carried on business
with his father as a banker in Edinburgh. He came
to England, and the remarried Mrs. Allen. They
went to Scotland, where they resided until 1843. They
then went abroad, and Mr. Allen did not return to Scot-
land, but a house was purchased at Brighton, where they
settled. His Honour was of opinion that the domicile of
Mr. Allen at the time of his death was at Brighton and
not in Scotland, and dismissed the bill of the plaintiffs
with costs.

A JEWELLER'S BILL.—An action has been brought in
the Court of Exchequer to recover the balance of a
jeweller's bill amounting to nearly £4,000. The defen-
dant paid £BOO into Court, and pleaded never indebted as
to the remainder. He is a young man, named Blyth,
and is entitled to considerable property under
his father's will. He was introduced to the

plaintiff, Mr. Webling, who carries on the business
of Metcalfe and Co., by a Mr. Ellis, who said the defend-
ant was a minor who wanted credit for some jewelry
until he was of age. In a few months he was sup-
plied with goods amounting to nearly £9,000.
A set of coral studs, buttons, and links were
£300; a dressing-bag, with silver fittings, £5OO ;
and other articles were charged at the same rate. The
plaintiff swore that the profit upon the whole of the
articles supplied did not exceed 30 per cent. Four
thousand five hundred pounds had been paid
to him on the defendant's behalf, and he now
sued for the balance of his bill of £8,411.
After several witnesses had been examined, the case was
adjourned. It was ultimately agreed that the question as
to the prices charged for the jewellery should be referred,
Mr.. Huddleston stating that the plaintiff was anxious to
have and courted the fullest inquiry into all matters re-
lating to his transactions with the defendant.
SERIOUS CHARGE OF FRAUD AND SUBORNATION OF
PERJURY.—At the Guildhall Police Court, Henry Banks,
an accountant, carrying on business at 2A, Wells-street,
Cripplegate, John Harris, his assistant, and Julius
Lawrence, a solicitor, in practice at 50, Lincolns Inn-
fields, were charged on remand, before Sir Robert W.
Carden; with conspiring together, and with various other
persons, to defraud the " Society for the Discharge
and Relief of persons imprisoned for Small Debts," &c.
Several witnesses who had been taken through the Court
of Bankruptcy by Banks, detailed the processes which
the prisoner adopted, including the petitions which pro-
cured them money from the society in question. A man
named Beckett deposed' that Banks agreed to take him
through the Court of Bankruptcy, and did so. First heard
of the society from "Banks while he was in prison.
Banks drew up his petition to the society, and when wit-
ness went to present it Harris gave him a piece of paper
on which was written ' George Wilkie,' and Banks told
him that he must remember that that was the name of

his detaining creditor, as he would be asked the name of
his detaining creditor. No stipulation was made that
Banks was to have any portion of the grant if it were got,
and no person of the name of Wilkie was a creditor.
In one case there had been great cruelty, A young
lady named Miss Hall had a claim made on her for
£25, by a man named Little, and she was served
with an eight-day writ from the Mayor's Court. Not
understanding the meaning of it, and knowing that she
did not owe the debt, she took no notice of the writ
until she was arrested in May last, and lodged in White-
cross-street Prison. There she was introduced to Banks,
who advised her, as it was an unjust claim, to go through
the court rather than pay it. He undertook to take
her through the court for 35., which she paid him. When
she came up to pass her examination Lawrence success-
fully opposed her on a technicality, and then Banks sug-
gested to her that she might probably prefer an arrange
ment to going back to prison, and she agreed to pay
£4 per month, and did so until she paid it all off.
Banks then commenced visiting her, and on his second
call she forbade him ever to come to her house
again. He went away, and some time after sent her
in a bill for £2l 10s. for services she had already paid for.
To that letter she sent an indignant reply, stating that
if he dared to make another attempt to extort money from
her her friends would take steps to punish his rascality.
She heard nothing from him until one day the sheriff put
in an execution from the Mayor's Caurt for £24, debt and
costs. Nearly the whole of tnis sum was spent in law
costs, repelling the claim of the man Banks. The
prisoners were again remanded, Sir Robert Carden
peremptorily refusing bail.

CONVENTUAL AND MONASTIC
INSTITUTIONS.

The Select Committee on the conventual and monastic
institutions of England and Scotland re-assembled on
Friday, the Right Hon. C. P. Villiers in the chair, and
proceeded with the evidence called by Mr. Newdegate.
Mr. Dewar, of Glasgow, was recalled and produced a
copy of the newspaper in which the sermon preached
by Dr. Smith, with a letter from the reporter
offering to swear to the accuracy of the report,
The sermon was preached by Dr. Smith, on the occasion
of the opening of the new chapel by the Redemptorist
fathers, and expressed the gratification which the Roman
Catholic Church felt at the peaceful opening of such a
chapel, after a period of 300 years of persecution. He
then produced extracts from the valuation roll relating to
the property of the Convent of St. Margaret's, Edinburgh,
the value of which was put down at £5,000 ;
the occupier was Marjory Clapperton, annual rent £380;
and St. Catherine's, Edinburgh, Sisters of Mercy ; occu-
piers, the Sisters of Mercy; the property owned by
Colonel Hutchinson's trustees ; annual rent, £340. He
also produced the valuation roll of the establishment of
the Jesuits, in Lawnston-street, valued at £4OO a year;
proprietor, Mr. Wansley ; and the valuation roll of the
establishment of the Nuns, at Leith, the proprietors
being the trustees of the Roman Catholic chapel, including
the dwelling-house, the annual rent being £45. Ile
sermon referred to stated that it was not in-
tended by any means that the establishment
of the Redem.k.torist Fathers should interfere with
the regular missionary work of the district, or should
supersede the religious work of the clergy. On the contrary
it was to help them, and to afford retreats for a short time
for prayer and penitence.
Mr. Robertson was then recalled, and produced a map
of Glasgow and the description of the Franciscan
priory in Cumberland-street, and read a list of trustees.
There were means in Scotland of enforcing the proper
application of the trusts in the case of the misappropria-
tion of charity. Some of the Roman Catholic deeds
avowed the purposes for which the money was left, but
others did not. He had not seen any of them which he
was prepared to say were illegal ; he never
heard of one being disputed. Land could be left for
religious purposes in perpetuity in Scotland. In
Scotland the Roman Catholics held their property
in precisely the same way as other dissenters. There was
no difference in law, the difference was in the terms of the
contract made by the deeds, the difference being that the
community cannot in the case of Roman Catholic pro-
perty exercise any power over it. He was not prepared
to give any authority for that statement, but it was his
general impression; and there was nothing in the deed he
had seen which was contrary. In Scotland, in cases of
dispute, the property followed the decision of the
Ecclesiastical Court. His opinion was that in Roman
Catholic matters such disputes would be left solely
to the bishop or some other higher authority.
He knew of no rule which made Catholic trusts illegal fn
Scotland.

Mr. O'Reilly : Is there no law against religious men or
men bound by vows ?
Witness : In regard to monasteries, I know of no
difference between them in England or. Scotland. I
could not say whether the Statute of Superstitious Uses
applied in Scotland, but I should think so. The witness
said he was not aware that the names given as the
owners in the valuation roll was in. every case correctly
stated:

Mr. Matthews pointeu oni that the Franciscan Con-
vent was held in trust by the Right Rev. Bishop Mur,lock,
Vicar Apostolic, and the Right Rev. Dr. Smith, for pur-
poses of education, whereas in the valuation roll it was
stated to be held by the Franciscan, Dr. J. Conolly. The
witness said that there was no limitation in :the deed as
to the disposition of the property, but he was not pre-
pared to say that they had sold it to the Franciscans.
Mr. Matthews next pointed out that the property said
to be - occupied in Mungo, Glasgow, by the Marist
Brothers, was held in trust by two Roman Catholic bishops
and several Ronian Catholic clergymen in trust for pur-
poses of education and religion. The witness sad that he
was not prepared to shew any deed by which property was
to be held in trust by any monastic institutions, but that
property was held by them he had not the slightest douht.
He subsequently sad there were 120,000 Roman Catholios
in Glasgow.
The committee soon after adjourned.

THE YACHT RACE ACROSS THE ATLANTIC.
The English schooner yacht Cambria, Mr. James
Ashbury, early on the morning of the 4th of July will
start with the American schooner yacht Dauntless,
from off the Head of Kinsale for Sandy Hook, in a
match across the Atlantic. The yachts may make
a certain portion of the voyage in company, or, what
is equally probable, may not sight each other
from the time of leaving the English Channel
until they breast the waters of the Hudson. It is not at
all improbable, however, that something may be heard in
this country of the progress of the yachts prior to any
intelligence of their arrival off the American coast
being notified through the Cable, the owner of the
Cambria having taken measures for sending such in-
telligence whenever a fitting opportunity may be con-
sidered to present itself by the sighting of an home-
ward-bound steamer, or at a time of crossing the probable
track of the homeward-bound vessels. As the vehicle for
conveying such intelligence, Mr. Ashbury takes out in
the Cambria several of the " sea messengers " invented
by Mr. Julius Vandenbergh, jun. The " sea messen-
ger " is a vessel of narrow boat-like form, made of cop-
per, with a cork lining, having a watertight cover and a
leaden keel. The cover unscrewed and taken off dis-
closes a central compartment, 18in. in length by 12in.
in breadth and depth. This compartment is intended
to hold the papers or intelligence to be sent from a ship,
either despatched from a vessel on passage to a distant port
on the chance of recovery by some other vessel, or in the
event of any sudden calamity at sea such as befell the
President, City of Boston, and thousands of other vessels
never seen or heard of after leaxing port. The sea mes-
sengers supplied to the Cambria are painted in blue,
white, and red bands, or tricolour. The flag surmounting
the messenger will be copies of the Cambria's racing flag
—a white ball on a blue ground.

The Lord Mayor will entertain the archbishops
and bishops at a grand banquet on July 6th. The annual
banquet to her Majesty's Ministers will take place on
July 30th.
FRENCH AND ENGLISH SHIPS.—The committee of
inquiry into the French Mercantile Marine has addressed
a letter to the Minister of War, desiring that in future
the transport ships for the conveyance of troops between
France and Africa shall be built in French ports.
Hitherto these vessels have been built in England.
THE NEWARK ACCIDENT.—It is noted as a curious
fact that of the passengers in the train which met with
the terrible accident at Newark, all, or very nearly all,
who were asleep at the time escaped uninjured—nature's
anesthetic ensuring them, not only against fractures and
contusions, but even against the bad effects of shaking
and concussion.

A BANKRUPTCY CASE. —A wine merchant named
Sharpe has been charged at the Mansion House with a
fraud under the Debtor's Act. It was alleged that he
obtained from the complainant, on credit, a quantity of
wine of the value of £2O, within four months of the pre-
sentation of a bankruptcy petition. After some conflict-
ing evidence had been given, the defendant was committed
for trial, bail being accepted.
THE ST. GO THARD RAILWAY.—The remarks
which the French press made on the discussion in the
Corps Legislatif with respect to the St. Gothard Railway
have not given satisfaction at Berlin. The North German
Gazette, an official organ, regrets that the French Minister
for Foreign Affairs should have deemed it necessary, in
consequence of a misunderstanding, to preface his reassur-
ing remarks by a sally against Count Bismarck on account
of his speech at the Reichstag on the 25th of May. The
same journal observes that the Duke de Grammont and
M. Plichon seem to entertain more fears on the subject
than Austria had done.

GERMAN POLITICS.—The Spenersehe Zeitung, in
an artic:c on Bavaria and Wurtemburg, says that Herr
von Prankh, in the former, and Herr von Suckow, in the
latter State, will have a very difficult position to main-
tain towards the Landtags, for if they refuse to do the
will of the so-called Popular Party, the cry will be-1
" This Minister of War can never shake off the
prejudices of his military caste, but we, men of the people,
know the martial disposition of our race better ; " or else :
" The War Minister dare not give way on account of
• Prussia." Acording to the beobachter of Stuttgard, the
proposals made by the leaders of the Popular Party are
exceedingly moderate, " having been merely intended to
prepare the way for a system of defence based on liberty."
The Menzorial Diplomatique says: "Lord Claren-
don has resumed the nogotiations for the despatch of a
collective Note to Greece, signed by the protecting Powers
and Italy, Austria, and Prussia, relative to the affair of
the brigands at Marathon. In order not to complicate
the question, and to avoid furnishing Russia with a pre-
text to decline signing the Note, England and Italy will
settle directly with Greece the question of indemnity.
The Note, which is now accepted by all the Powers, states
the impression produced on the whole civilised world
by the massacre at Marathon, and recommends Greece to
adopt measures to prevent the repetition of similar revolt-
ing scenes.
TRANSPLANTING HUMAN SKIN.— The extraordi-
nary case referred to in a note which we published the
other day, in which it was stated that a piece of skin had
been removed from the body of a negro to that of a child,
is thus explained :—" A child had sustained an enormous
burn, leaving a wound so large that the powers of the
little sufferer were totally unable to heal it. It
was determined to make an attempt partly to
cover this wound by the transplantation of skin, and
the attempt was followed by results which rendered
it desirable, for their correct interpretation and for the
surgeon's future guidance, to transplant a piece of skin of
darker tint as a test to determine how much of the fresh
piece became itself incorporated with the tissues over
which it was placed. For this purpose a morsel of skin
was taken from the coloured man in question, and the
little experiment is expected to determine a point the
knowledge of which will in all human probability enable
the surgeon to save the child's life."
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THE INDIAN PROBLEM.

The advent of the chiefs to Washington has brought
out the feeling of the people upon the Indian question.
We are glad to see that it is, on the whole, temperate and
just, and that the country is wakening to the fact that
this problem is the gravest and most important which itis
called upon to face. Extermination is still urged by such
army officers as are able to see in it only service for them-
selves and full pay for a prolonged period, and by certain
editors to whom extreme and final measures are always
welcome, as they save them the trouble of thinking.
There is, however, despite the awakened attention of the
people to the general issue, great misconception of the
importance of this visit of the chiefs. Several of our
contemporaries gravely advise "the offering them showy
presents, so dear to the Indian heart, and the subsequent
terrifying of them by the display of arsenals, review of
regiments," &c. We conceive that the time is past when
the gift of a few beads or tobacco pouches would blind the
judgment of such men as Red Cloud or Spotted Tail. The
effort to scare them, too, reminds us forcibly of the clamor
and the painted monsters of the Chinese, by which
they hoped to drive back the English barbarians. These
men have probably as clear an idea as ourselves of the
relative strength of the red and white men. " Our na-
tion," said Red Cloud, " is melting away like the snow
on the side of the hills where the sun is warm ; while
your people are like the blades of grass in spring, when
summer is coming. You are great and powerful. We
are but a handful." There is a marked change in the
spirit and tone of the Indian tribes from any that have
been made since the days of the first encroachment of the
whites. There is apparently a fuller comprehension of
the power with which they have to cope, and a remark-
able absence of any former attempts to conciliate it by
humility. The statement of the wrongs done to them is
calm and moderate in tone, but almost hopeless of re-
dress.- This savage, though his skin be red, sees more
plainly, perhaps, than the men to whom he talks, that
the two races are brought finally face to face, and the
issue for him and his people will most probably be
death. We do not think that showy gewgaws, or State
dinners, or warlike tom-toms, will affect him very deeply.
We have no wish to put out of sight the Indian outrages
on the border. The amount of butchery and theft has
been very equally balanced between the redskins and the
whites. The savages naturally are savages, and the
pioneer settlers are assuredly not saints. The innocent
have suffered in consequence on both sides. But these
are surface matters, which will adjust themselves when
the basis of injustice is set right. Underneath lies the
imminent problem of the false position which the nation
holds to these people. Shall we pay this creditor the debt
we owe him, or rid ourselves of his importunity by taking
him by. the throat and strangling him and his little ones?
There is to us a terrible pathos in the words of this Indian,
spoken in behalf of his people. Pathos, however, should
have no power to interfere with justice ; but we commend
his calm statement of the case to the gravest con-
sideration of those whose office it is to adjust his
claims, especially his recognition of the ineradicable
distinction between himself and them which we are
so apt to keep out, of sight. " The Great Spirit
has raised me in this way. He raised me naked.
The Great Spirit has raised you to read and write
and put papers before you ; but lam not so." Half of
our maltreatment of the Indian has arisen from ignoring
this simple fact. We hope that there will be no disposi-
tion to either palter or practice diplomacy with this
deputation. If the answer be given in the same dignified
and just spirit as the complaint and grasp the position as
fully, we may hope for the best results. The Indian
question trenches as deeply on human rights as did that
of the negro, and the onus of guilt is as heavy upon us
as slavery. The ordinary argument that the savage must
from inexorable law of nature give way to the civilized
man is our old friend " Cursed be Canaan " in a new
guise. It is the very problem that vexed us for nearly a
century—a gigantic wrong versus expediency. The result
of our error in the first case steeped us to the lips in a
bloody war. We can come to its choice of the second
with experience of wounds not yet healed to give us. At
least let us recognize the importance of this question, and
bring to its decision the coolest reason and best thought
which the nation can command, and not leave it to the
chance settlement of a few hot-blooded soldiers and ag-
grieved frontiersmen.—New York Tribune.