The Sun.
London, England, 1856-01-29 00:00:00

THE PEACE PROPOSITIONS.

The Pest Atnpt Gazette states that the fifth point
contains not only the clause which forbids the re-
construction of Bomarsund, but also the demand
that the island of Aland shall be converted into
neutral grouni, and never occupied by a Rtsian
garrison. The same journal has a letter from
Vienna, which says, according to a report, which,
however, requires confirmation, that Count de
Nesselrode will himself be present at the negotia-
tions.
A letter from St. Petersburg of the 17th, in the
Debats, says :
"Peace is spoken of with confidence in private, but
nothing of the kind is to be gleaned from the public
journals, which even endeavour to damp the hopes of
the peace party. Thus the i!beille du Nord, in its last
number, jests at the propositions submitted to Russia,
and gives an ironical appreciation of the successes ob-
tained by the Allies. The military preparations still con-
tinue in Finland. There are riot wanting in the north
men, fortresses, or munitions of war ; but the nature of
the ground requires many points of defence, and, conse-
quently, officers. In consequence, all the latter that
can be disposed of have been despatched to assist the
labours of General de Berg."
Le Nord cannot believe that any serious difficulty
will arise in the discussion on the Fifth Point, see-
ing that the details were not deemed of sufficient
importance to be specified in the preliminaries with
the minuteness which characterised the mention of
the other conditions. " Russia," says _Le Nord,
" has loyally accepted the nropositions made to it,
and will loyally maintain them, but they must not
be extended and developed under the influence of
the ambitious desires, and the regret for war,
which certain journals may allow to escape, but
which no statesman will dare to manifest." Le
Nord also contends for the admission of Prussia
into the Conferences, arguing that the power which
has rested neutral will be least influenced by in-
terested motives.
The Constitutionnel publishes the following
statement :

" The Allies of the 2d December have taken advan-
tage of the interval which has elapsed between the tele-
graphic announcement of the acceptance and the arrival
of the courier who will bring the protocol on the sub-
ject, in exchanging, by means of the telegraph, their
♦iews, and thus deciding by common accord on the
ulterior measures to be adopted for following, up their
acceptance. The Allies are fully decided on stipulating
in the definitive treaty of peace that the military occu-
pation of the Russian territory by the allied armies
shall continue until the court of St. Petersburg shall
have faithfully executed the stipulations contained in
that document. It is more than probable that such
military occupation, after the ratification of the defini-
tive treaty of peace, will be effected by means of mixed
garrisons, as was the case in the war of 1843 between
Austria and Sardinia. Penetrated with the urgency of
restoring peace to the world, the three allies have agreed
that, in order to simplify and accelerate their action, no
other power besides Russia, and those which represent
the conferences of Vienna, shall take part either in the
signature of the preliminaries or in the conclusion of the
armistice. The question as to what powers shall be ad-
mitted to take part in the negotiations relative to the
definitive peace will be examined and decided on as
soon as the place of meeting has been fixed on. As to
Sardinia, her admission has long since been decided on
in concert with the Wester❑ Powers and Austria. It
is incontestible that as the future peace is to be placed
under the general gurantee of Europe, the participation
of Prussia in the regulations of peace would attain that
object better than if the court of Berlin were to remain
excluded. This is one of the considerations which at
this moment seriously occupy the attention of the allies
of the 2d of December, and the more so that the Prus-
sian Cabinet appears disposed to give to the Western
Powers ample guarantees to the attitude which the ple-
nipotentiaries of King Frederick William would assume
at the Congress. Co). Manteuffel is prolonging his stay
at Vienna in order to settle this affair through the in-
fluence of Austria."

( From the Derbyshire Courier.)
The time that elapses before the country is called on
to act definitely and decidedly on the Peace Negotiation,
will not be thrown away. England was taken by sur-
prise on the first outbreak of the intelligence of the
"unconditional" acceptance by Russia of the peace pro-
posals; Consols went up, corn went down. Jobbers in
politics and stocks, of all kinds and grades, began to
gather round the carcass of the expiring hostilities. At
such a crisis something may be "got " oat of the coun-
try. The common sense of Englaud now sees that if we
are got to the beginning, it is but the beginning of the
end.

Russia, it seems, assents to take these "four points
as a basis for negotiation. 1. She relinquishes the Pro-
tectorate of the Danubian Principalities. 2. She concedes
the free navigation of the Danube. 3. The neutralisation
of the Black Sea. 4. The religious and political rights
of the Christian population of Turkey shall be guaran-
teed by Austria, France, Groat Britain, and Turkey—
Rassia taking part in the neoessary deliberations on
this object.
So far so good. This will be very well for Austria,
but the Allies will require something more. They will
require more than the cession of a little bit of Bessa-
rabia to Austria. How about Bomaraund ? What
the about future "acquisitions" in Scandinavia, ? What
abou4. . d ? And what about
sea.-
the enormous expanditurato
whioh this cour try has
been pat by the obstinate prosecution by Russia ,
Hof 1-,e: unprincipled schemes of territorial aggrzll-
rjimt r' 33:e the treaty of Lchiszoplis Czy„4

Nicholas obtained five millions sterling from Tur-
key as an indemnity for the expenses of the war. Is
England to pour out her blood and her treasure, in do-
force of the rights of the liberties of Europe, at the
caprice of an unprincipled despot, who fights as long as
he has the means, and then, retaining all his ill-gotte❑
plunder, makes peace till he can recruit his resources
for another attack ?

There are several things to be guarded with great
care.

After beating Russia in the field, we must not b•
cajoled by her in the Cabinet. Lord Palmerston is the
best, if not the only man, we have at present who i 3
able and willing to compete with the wily and treacherous
diplomatists of Russia and Austria. The peace negotia-
tions should be committed to his hands. The place of
meeting should be removed from Russian influences.
The time of meeting should be with as little delay as
possible.

After all, Lord Palmerston may rest assured that the
great body of the English people do not, under existing
circumstances, wish for peace with Russia. They think
that too much has been suffered and too little done by
England. Dragged reluctantly into a war with Russia
against their will, they do not wish to be coaxed by
Austria into a peace with Russia against their judgment.
A peace now will be but a hollow truce. Russia will
not rest, Europe will not be permanently peaceful, Eng-
land will be dissatisfied, and in a few years the whole
work will inevitably have to be done over again.

THE CASE OF PALMER, THE' SURGEON,

OF RUGELEY.

BIRMINGHAM DISTRICT COURT OF BANK
RUPTCY, JAN. 28.
(Before Mr. Commissioner Balguy.)
-

This morning the appeal in the matter of the adjudi-
cation of fiat of bankruptcy against Wm. Palmer, the
surgeon, of Rugeley, came on for hearing before the Com-
missioner in his private room, it being usual, as it was
stated, to take all such preliminary proceedings out of
the public courts. The learned Commissioner, as well
as Mr. Smith, solicitor, who appeared against the adju-
dication, readily consented to the admission of the press ;
but this Mr. T. S. James, who Fappeared for the peti-
tioning creditor, opposed. His Honour, under such cir-
cumstances, could not deviate from the usual practice
of the Court, and the press was consequently excluded.
The following narrative will explain the nature and cir-
cumstances of the application :
On the 9th of January last Mr. John Spittle, ironrnas-
ter, of West Bromwich, presented a petition to the Court
for a fiat against Wm. Palmer, surgeon, apothecary,
dealer, and cbapman. On the same day Mr. Spittle proved
his debt, which was to the amount of 1,000/ , upon a bill
of exchange, dated the 19th. of Sept., 1855, drawn by
Win. Palmer upon, and accepted by Sarah Palmer, pay-
able to the order of Wm. Palmer three months after date,
and by W. Palmer endorsed to J. Spittle. The act of
bankruptcy relied upon was that proved by Mr. H. Gil-
lard, sheriff's officer of Stafford, who stated that he ar •
rested Palmer under a captasaa satisßeieNdume, at the suit
of one Henry Padwick, on the 13th day of Decemlar,
and on the 17th day of the same month Palmer wrs re-
moved under the same writ, and also on a coroner's
warrant, under a charge of murder, to the county gaol
of Stafford.--trpon these facts Mr. Waterfie'd, the re-
gistrar of 'the Birmingham Court of Bankruptcy, acting
for Mr. Commissioner Balguy, in hig absence, adjudicated
Palmer a bankrupt. The notice of adjudication was
duly served, when Mr. Smith gave notice that he should
this day dispute its validity. In addition to the above
particulars, and in further explanation of the reasons
which hastened the adjudication of bankruptcy, it may
be mentioned that Palmer, on the sth of May, 1855,
executed a bill of sale to Mr. E. Wright, !elicitor, of
Birmingham, for the sum of 8 0001. and upwards, and
that by virtue of this instrument the whole of his pro-
perty had been sold and swept off, in satisfaction of that
debt. It appears that the date of Wright's bill was an-
terior to the date of Spittle's bill of exchange. The
object of the bankruptcy wag, if possible, to set aside the
bill of sale, and to obtain possession of its proceeds for
the benefit of the general body of creditors.
Mr. Smith said he was now prepared to oppose the
adjudication made upon Spittle's petition.
Mr. James immediately observed that he had another
petition to present, founded noon the facts mentioned
above. It was the joint petition of the abovenarned
John Spittle, Frederick Crabbe, of Rugeley, gentleman.
and Thomas Simpson, of Rugeley, tax•collector. It
prayed that the former adjudication might be annulled,
and gave an undertaking that they would prosecute a
new eat. ,
Mr. Smith contended that the Court bad no power to
receive the petitien on the morning when the matter of
the first petition was is be discussed ; besides which, if
the prayer of the petition wag assented to, the right of
the bankrupt, under the 104th section of the statute
would be taken away ; and, as there was no such power
in the Court to deprive the bankrupt of his statutalgle
right, be (Mr. Smith) insisted at this time upon being
heard against the validity of the adjudication. The
104th section was to the effect : --" Such person shall be
allowed seven days, or such extended time, not exceed-
ing 14 days in the whole, as the Court shall think fit,
from the service of such duplicate, to show cause to the
Court against the validity of such adjudication ; and if
such person shall within such time show to the satisfac-
tion of the Court that the petitioning creditor, debt,
trading, and act of bankruptcy upon which such adju-
dication has been granted, or any or either of such mat-
ters, are insufficient to support such adjudication, and
upon such showing no other creditor, debt, trading, or
act of bankruptcy sufficient to support such adjudica-
tion, or such of the last-mentioned matters as shall be
requisite to support such adjudication in lieu of the
petitioning creditor'sfdebt, trading, and act of bank-
ruptcy, or any other, or either of such matters
which shall be deemed sufficient on that behalf,
as the case may be, shall be proved to the sath-fac-
tion of the Court, the Court shall order such adjudi-
cation to be annulled, and the same shall be annulled
accordingly." Mr. Smith then argued that the primary
jurisdiction clause, s.
.12, did not give any right to the
Commissioner, to hear, determine, or make orders in any
matter of bankruptcy wha",ever where there was an ex-
press provision controlling the acts of the commissioner,
or giving a statutable right to any person appearing
before the Court; and, as the 12th section merely gave
the right to the bankrupt to dispute the mere judicial
act under the primary jurisdiction clause, the Court
could not over-ride the positive enactment itself.
Mr. Commissioner Balguy—l am clearly of opinion
that I am bound to hear the bankrupt against the vali-
dity of the adjudication. The 104th section gives to the
bankrupt the right to dispute. He has brought himself
within the terms of the act, and I do not consider that
the 12th section enables me to exercise any jurisdiction
where there is provision in the statute directing what
shall be done. lam therefore of opinion that the bank-
rapt is entitled to dispute the adjudication, notwith-
standing the second petition which Mr. James has pre-
sented.

Mr. Smith then stated that he was prepared to dis-
pute the trading, and the act of bankruptcy itself—the
trading on the ground that Palmer had not been in busi-
ness for more than two years, the act of bankruptcy •i
the authority, ex parte, of " Bowes" (4 Vesey) and
" Regina v. Page" (1 Broderick and Bingham), where it
had been clearly held that a person must be i■ custody
on civil process only ; and, although the 69th section of
the Bankruptcy Consolidation Act used the words,
" having been arrested or committed to prison for any
other cause," yet such cause should be sal generis, and
have reference to the law relating to bankrupts, which
was not this fact in this case.

Mr. James—lf your honour holds that Mr. Smith has
a right to dispute the adjudication, I shall not attempt
to support it • bat shall forthwith present another peti-
tion, when Mr. Smith may be lot in to dispute the ad-
judication, so that I will not place him in the position
of having to incur expense in the bringing up his wit-
nesses again.
Mr. Smith here offt-red to dispute the adjudication at
once, if documents were placed before him so that he
might judge whether he should require further informa-
tion from his client.

The first adjudication of bankruptcy, of which notice
had been given to dispute, was then annulled.
Mr. James left the roots for the purpose of preparing
another petition, and in the interim
Mr. Smith intimated that he should not enter upon its
merits that day, but suggested that the case should be
taken next Thursday.

At a later period of the day Mr. James presented an-
other petition from creditors, which the Court refused to
open.

TEE WORLEY POISONING CASES.

THE EXHUMATION OF THE BODY OF MR.

COOKE.
From some cause or other the gentlemen acting on
behalf of the Crown have deemed it proper to exhume
the body of the late Mr. Cooke, Information reached Mr.
Smith, the prisoner's attorney, on Friday night, about 11
o'clock, of their intention. That gentleman immediately
gave notice to Messrs. Lander and Gardiner, the solici-
tors for the prosecution, at Rugeley, that be should insist
upon being present, with a view to an examination of the
spinal marrow and brain ; these two important organs
never having been examined before, although they would
be those primarily affected by the administration of
strychnine. Professor Bolton and Mr. Oliver Pemberton,
surgeon to the Birmingham General Hospital, attended at
Rugeley on Saturday morning, where they met Dr. Monek-
ton, who has been deputed by the Crown to male the re-
examination of the body, as required. We are not in a po-
sition to state what report Dr. Monekton may make, but
we are assured that so far as the gemination went there
was nothing discovered to show that death had resulted
from the administration of strychnine. The braio, how-
ever, was not examined. It bad been extracted on the
first post mo)tem examination, and had then been thrown
amongst the abdominal viscera, and consequently re-
examination upon the present occasion was impossible.
In connection with this case, we may mention that
notice has been given to the solicitors; for the Crown, by
Mr. Smith, calling on Dr. Taylor for his reasons for
supposing Mr. Cooke had died from tetanus produced by
the administration of strychnine ; and also to know
whether Dr. Taylor founded his opinion before the
spinal column and brain bad been examined, and also
upon what data. Mr. Smith also required a statement
of the condition of each organ he had examined in refer-
ence to Dr. Taylor's evidence, wherein he said that no
other medicine but strychnine could produce tetanus.
A long array of medical gentlemen 1, ave been consulted
with regard to Professor Taylor's opinion, and a most
voluminous correspondence (containing some important
instances contradictory of the effect said to have been
produced by the drugs found in the body of the deemed)
ba gaduced at tta trial.

Sporting Intelligence.

TATTERSALL'S.-MONDAT.

The business transacted during the afternoon was in
certain instal ces important. A hostile movement was
commenced against Fly-by-Night, but it was not attended
with any disastrous effect; 10 to 1 was repeatedly betted
against him for the Derhy those odds being taken in
the aggregate to upwards of 3001. Fer the Two Thou-
sand, 7 to 2 and 4 to 1 were currently offered against
him ; Yellow Jack wa., therefore, the favourite for that
event. This horse was also backed at 12 to 1 for the
Derby ; 700 to 100 were'both ed about Wenteenrth.
The Chester Cup was the only " legitimate" Handicap
event operated upon. 20 to 1 was offered on the
field, Imnorene being the decided favourite ; 1,000 to 40
was laid twice, and afterwards offered against Courtenay.
Epaminendas receded to 28 to 1 offered. The most
important transactions were relative to Mishap and
Scythian. Alter 50 t 3 1 had been taken about each of
them, they were advanced respective:y to 40 to 1, at
which odds they were firma at the close. Yellow Jack
also found support for this event at 40 to 1. Coroner
was friendless.

The " Metropolitan" waa frequently mentioned, but
we saw no bet made upon it.
The outlays on the Liverpool Steeplechase were, with
exception to those relative to Sir Peter Laurie, insigni-
ficant. Odilaam, who had been backed freely at 15 to
1 during the morning in the City, declined to 100 to 6
taken and offered.

The following notices were posted in the room :
" THE RIIGELEY CASE.—Any gentleman who saw
William Palmer in London on Saturday, the 24th of
November last, is earnestly requested to communicate
with J. H. Hatton, Esq., chief of the County Consta-
bulary, Stafford ; or with Mr. W. V. Stephens, No. 11,
Camden-grove, Kensington, executor to Mr. J. P.
Cook, deceased. Any person who saw William Palmer,
of Rugeley, in London on Saturday, the Ist of De-
cember last, is earnestly requested to communicate
with J. H. Hatton, Esq., thief of the County Con-
stabulary, Stafford ; or with Mr. W. V. Stephens, No.
11, Cambden-grove, Kensington, executor to Mr. J.
P. Cook, deceased."
Closing prices :

THE LIVERPOOL STEEPLECHASE.
12 to 1 apt Sir P,ter Laurie (taken)
14 to 1 agst Harry Lorrequer (taken)
15 to 1 apt Black S van (taken)
15 to 1 agst Forest Queen
100 to 6 azst Odihani (taken and off.)

TWO THOUSAND.
100 to 30 agst Yellow Jack (taken)
4to 1 agst Fly-by-Night (off.)
10 to 1 agst Bird-in-Hand (taken)

THE CHESTER CUP.
20 to 1 art I•nogene (taken and offered)
20 to 1 ag..it Courtenay (taken)
28 to 1 agst Epamitiondas (taken and offered
33 to 1 agst Fatalist ( alten)
40 to 1 agst Scythian (taken)
40 to 1 agst Mishap (taken)
40 to 1 agst Yellow Jack (taken)
50 to 1 apt Stork (taken)
2000 to 30 agst Alcifort (taken)
1000 to 10 apt Tug o' War (taken)

THE DERBY.
7to 1 agst 'Wentworth (taken to 1001.)
9to 1 ngst Ellington
10 to 1 asst Fly-by-Night (taken)
12 to 1 agst Yellow Jack (taken)
1000 to 15 eget Bonnie Scotland (taken)

HORSES STRUCK OUT OF THEIR ENGAGE.

INIENTS.

CHESTER OUP.—Eulogist, Gamekeeper, General Pie-
ton, Virtuous, Clara, Sole-Star, Cossoy, Blue Rock,
Ireland's Eye, Enchanter, Stradba!ly, The Caicken
(Irish), Alston, Freddy, Greencastle, Fireblast.
GREAT NORTHERN HANDICAP. —All Mr. Morris's
horses, and Mr. Le Cass's La Victime.
LIVERPOOL SPRING MEETlNG.—Gamekeeper, Coseey,
and General Pictou out of all their engagements at this
meeting.
LIVERPOOL Cur.—St. Clare,
TEIIRSIC lIANDICAA'.—Eulogist, Gamekeeper, Sole-
Star, Virtuous, and La Victime.

METROPOLITAN STAKES.— -Cossey, Virtuous.
NORTHAMPTONSHIRE i:TAKES.—Eulogist, Virtuous.

BATH STEEPLECHASE AND HURDLE RACE
MEETING.—FEB. 8.
Weights for the liath and Somerset Steeplechase,
'
et lb et lb
Emigrant
Tom Gurney lO 12 Rockley 9 6
Garland lO 8 Stamford
Teddesley . lO 2 Crabby
Nonsuch
Theodine
Freedom
General Evans ... .. 9 12 Abrcules
Weights for the Hurdle Race.

st lb
Minerva
Tom Gurney lO 12
Garland lO 10
Nonsuch
General Evani
Freedom
Stamford
Weights for the HI

et lb

Claverhouse
Parchment
Nicholas
Fillaton.
Frank
Royalty 9 0
Oh Fie'
inter Steeplechase.

st lb
Dieppe
Motley
Nugget l3 0
Minos
Billy Bean ...... .
Acceptances for the Hun
eared on Thursday next.

st lb
lodine . '2 5
Little Nan l2 0
Grey Momus
Roach
Naptha lO 7
;ers' Steepleahase to be de-

Racing Fixtures for 1856.
FEBRUARY.
Lincoln l2 Liverpool Spring...,
Derby Spring l9
MARCH.
Nottingham Spring 4 Catterick
Warwick Spring 10 Coventry
Salisbury l3 Northampton
Essex lB
APRIL.
Newmarket C
York Spring
Malton
Newmarket F S

Doncaster Spring i
Thirsk 3
Croxton Park 3
Epsom Spring lO
Durham l4

Chester Spring ..
6
Shrewsbury 13
Manchester . . 14
JUNE.
Beverley
I
Ascot Heath 10 Bibury
Hampton lB Stockbridge.
I
Newton 18 Winchester
JULY.
Newmarket
I Carlisle
Liverpool
AUGUST.
Brighton
Brighton Club
... 8 Radcliffe
Reading l2 Egham
SEPTEMBER.
Warwick Sept 2 Cardiff
I
Lichfield
Doncaster 10 j Newmarket F 0
Leicester 24 I
OCTOBER.
Kelso... 1 Newmarket S 0
Chester. I
Autumn 7 Warwick Autumn ....,
Bedford 9 Newmarket H
Wrexham Autumn

Bath ....
Epsom..

NOV MIBER.
Worcester Autumn 4 Shrewsbury Autumn
I
Liverpool l2

Irish Racing Fixtures for 1856.

APRIL.

Curragh

22

...24
..30

..13

-18