The Sun.
London, England, 1869-06-01 00:00:00

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•
SPIRIT OF THE PUBLIC JOURNALS. 1 LAW AND POLICE.
The Times remarks that it would ne easy to dilate on THE LONDON, CHATHAM, AND DOVES :
the triumph secured at the final stage of the Irish Church . the Court of Chancery, on-Mon
Bill in the House of Commons. It does not remember I Tustices resumed the hearing of two apps
any measure of the same character which has been so made by Vice-Chancellor Stuart respectin
decisively approved. But the prominent feeling excited the London, Chatham, and Dover Railway
inside and outside the House of Commons by the event of first order was to restrain the directors fr
Monday night is one of relief. A variation of half a smiting in the name of the company the 1
dozen or of half a score in a majority considerably exceed- the affairs of the company to the
ing a hundred is nothing. When a nation has decided in Lord Cairns and Lord Salisbury. T 1
favour cf a particular policy it is lost labour to watch the through the House of Commons,
accidental changes in parliamentary divisions. The Times read for the first time in the HI
is thankful that 'he Irish Church Bill has been approved The first order was made by the
by 361 voices against 247 because itis ourduty to be thank- iof the stock and share holders. The se
ful ; but when thankfulness becomes a matter of duty it made upon the application of the repret
implies a confession that there is some other feeling which debenture-holders, and directed the payna
would find expression before it if men spoke their minds torsinto court of thesnm of .£lso,ooo,whiel
freely. It rejoices that the bill has advanced so far, that the tolls received by the company. The
the work is well-nigli accomplished, that the goal is near. I after hearing arguments on both sides, re,
The task, it may be confessed, has been great. Those who decisions of Vice-Chaneelor Stuart, at
have opposed and endeavoured to thwart the measure are costs of the direetees to come out of the c
perfectly right in declaring that it 13 111 itself a revelutien. THE CARE OF OVEREND AND CUENET.-
It marks the substitution of justice for ascendancy, the Court, on -Monday, Vices Chancellor Mali
establishment of equality instead of privilege ; said it issiou With respect to a claim of .t'109,000
intended that the revolution shall bring peace instead of presentatives of dverend, Gurney, and Co
disorder, contentment and prosperity in place of chronic loan advanced to the Cork and
discontent and anarchy. way Company. The Vice-Chancel
The Post thinks it was, perhaps, only natural that the favour of- the claim, observing that
Opposition in the House of Commons should avail them- many had had - the benefit of the
selves of the opportunity of renewing their protest against nothing of its impropriety for two year
the measure for the disestablishment and disendowment resisted the claim for payment on the v
of the Irish Church on the motion for the third reading company, on the ground that the director
of Mr. Gladstone's bill. It was, however, no less their borrowing powers. Such a plea
certain that the determination of the House to I contrary to all morality, and the loan m
pass the bill would remain unaffected, and that of the assets of the company before anyt
the final vote would be carried by a majority no the shareholders.
less formidable than that which carried the measure CHARGE or Ix:mi.—ln the Court o.
through its preliminary stages. Without iutending it Mr. ou Monday, the court refused a second
Disraeli furnished the most conclusive evidence of the rule calling upon the publisher of theSht
necessity of the measure which he so loudly condemned. I to shew cause why a criminal inform.
If socialism and civil war are to be avoided ;if the Irish issue against him for libel upon Mr. Mu
people are to become contented ;if the laws are to be candidata for Cashel at the last election.
respected, and the rights of property observed, these the application had not been solicited w:
results can alone be obtained by removing that badge of refused last term, and under those circus
•
superiority which has so long created an undying antago. , not be entertained.
nhen between two numerically unequal sections of the CAB-STANDS AT RAILWAY-STATIONS.—
Irish people. If a Church be not the Church of the Court of Exchequer decided an import
nation, it ought, at least, to be the Church of the poor. cerning the status of cab-stands at rail
The Standard says that the fate -of the bill in the cab proprietor, who is a member of the
House of Commons summoned a cabman for refusing to drive
was never in doubt, and it is now .
3
decided.- The division settles nothing that was not settled cross to Camden-town. The defence
two months ago, and tells our readers nothing more than plainant had not arrived by a train.
they knew when the first division in committee shewed dismissed the summons on the grouni
how abject and indissoluble was the bondage to which station was private property, and did nc
Mr. Gladstone had reduced the most independent mem- meaning of the Act. On appeal his
berg of the Liberal party. The bill has been debated in sonfirmed.
the-House ATTEMPTED MURDER IN SUSSEX.— 01
of Commons, but never considered ; the only t
function of that assembly has been to register the deei- ITT,. a young man, named Cooper, age
sions of the First Minister, and to preserve his draft bill before the Sussex county magistrates
from the emendations which so important and so sweep-
tempting to murder his father, at Enfiel a
loaded rifle at ' him. The
ing a measure ought naturally to have received in .
passing through committee. Whatever hope may remain, , witted on the 24th of February,
whatever prospect there may be that the worst were so severe that it was not
iniquities and most glaring inconsistencies of the that he was able to give evidence
bill may be redressed, rests upon the firmness and seq., is an agricultural implement ma,
the judgment of the House of Lords. That that august greatly respected. The court was crow
body wilt treat with deserved contempt the hints of elusion of his evidence the prosecutor
coercion or open menaces of violence by which Liberal his son, and both were deeply affected.
nothing to say to the charge, and was c
journals have sought to intimidate them, we can have no
at the next Lewes Assizes.
doubt whatever. As little do we doubt that, under the
guidance of so consummate a lawyer as Lord Cairns, so
experienced a statesman as Lord Derby, the Lords will THE CEMETERY COMPAA
exert their authority in the manner most likely to effect •
their object, and to secure justice for the Church without At the annual meeting of the Abn
provoking a collision which must imperil the Constitution. Company; the frauds upon the compie
We have every hope, therefore, that the bill in its present discussed at length. The directors oft
shape will not become law. If it should, it would remain 10 per cent; and after congratulating t
for generations the scandal of our statute-book—a stand- this, the chairman went on to explain
ing monument of the unscrupulous injustice to which fax the accounts. He did not think that
tious passion may lead a British Parliament, and of the when they should discuss the question
suicidal folly to which a short-sighted and grasping ambi-
clerk who had robbed the company so
Con may impel a great political party. I their servant, or simply the servant
The Daily News says that the Irish Church Bill has That point would, no doubt, arise here
been read a third time and passed in the House of Com- no hesitation in saying that the board]
mons by an overwhelming majority. It goes now to the the fullest confidence in Mr. Ileath,whc
House of Lords, and everything may be hoped from the duties of secretary in an efficient and s:
good sense and patriotism of that assembly. Its judss- • The discovery of the frauds was a little
went on the merits of great questions is not always Bontems, one of the directors, natural
marked by discernment or penetration. But the Peers disclosures that were being made i.
are Englishmen ; they have moral sympathy with their world, suggested the propriety of inve
countrymen, even when they are in intellectual dissent accounts, with the view of seeing whet
from them. They know svhen, the nation has spoken; kept in a manner that secured the inte
and when its verdict is decisive and final. To the appeals holders. That suggestion led the se
and remonstrances of Irish deputations they will reply, Drown, the superintendent at the cms
" Non possunurs." Even Lord Echo on Monday night i course of the conversation, Mr. Brown
recognised the inevitable, and deplored the absence had better look more at home, at the
in our Constitution of those Conservative checks I mean, than come here." Mr. Heath NS
which belong to the balanced Government of the United his metal, and asked what such obser
States, under which the revolutionary measure pro- , Mr. Brown then referred to the sty
posed by Mr. Gladstone could not, he insisted, have• the clerk, was living, as being out of
been so peremptorily pressed forward to its fatal conse. i the receipt of only £l9O a year, and
quences. The great Republic is avenged of its detractors. frequently struck him that, consider
The debate of Monday exhibited the conflict of opinion business which was done at the cens
which divides the minority, and renders its moral force • money received did not appear in the
inferior to even to its numerical strength. Lord Elcho which he had perused. Mr. Heath
did not speak in the same sense as Mr. Adderley, and the the directors, and a scrutiny of the
opinions of Dr. Ball were by no means in accordance with. Carter was questioned ; his replies w
those of Mr. Talbot. There are, it is now quite clear, on satisfactory ; but on the pretext
the Irish Church question two parties within the Conser. I luncheon he left the office, and had um
vative party, each of which is more adverse to the policy of. The other person connected wit]
of the ether than to that of the Government. One section clerk named Kitchen. lie worked un
dislikes Mr. Gladstone's bill, but much prefers it to the that indiVidual had absconded Kitchei
policy of levelling-up. Another section, equally hostile to i gated, and after some sheiv of virti
the bill, yet more resolutely rejects the idea of maintaining said if anything was wrong he was
things as they are. The Conservatives are weaker, there. j Lad on'y acted under the instructie
fore, than their numbers imply ; and the sense of irrecon- While the investigation was proce
cileable discord in their own ranks will doubtless do some. found some rolls of papers in a seen
thing to diminish the reluctance with which the Lords documents disclosed many frauds, am
will accept the measure to which, on Monday night, the in which they had been cenanitted.
Commons, by an overwhelming majority, renewed their the auditors. could have discovered t:
sanction. means Carter had obtained possessive
The Herald cannot affect to be surprised at the result of receipt book, and when people paid
Monday's division, though it it is none the less convinced receipts from that book, when the fly
that the leaders of the Constitutional party were well I and it was a roll of these that was ace
advised in resolving that the bill should not pass through Unfortunately the receipt books in u
its final stage save with the reiterated censure of those secutively numbered by the printers,
who hold that it is unjust, tyrannical, and revolutionary. have been more difficult to perpetrate
It was, of course, a forlorn hope which was so gallantly have been committed at all if Car
led -by Mr.. Maden-Holt. A majority such as not been in collusion. How
that which obeys the nod of Mr. Gladstone to the directors in the matter? Ii as
is not to be convinced by argument or won to " You °sight to have done this, or yo
relenting by mere considerations of equity and that ;" bia all boards and all utherpe
fairness. It is simply a voting power worked an extensive business must of nee
by a kind•of machinery which Mr. Gladstone alone can amount -of confidence in their serv:
set in motion, and it would have been. as feasible to strive have to limit their transactions to NI
to influence it by Tensor ing as to appeal to the conscience viduallysu.perintenl The board
par
of a piece of clockwork. The Conservatives divided the of confidence in the secretary, whe
House because it was the right thing to do, whatever fdence, and the secretary, no doubt
might be the result, because they were bound to enter those who served him. 'lime directs)
their protest to the very last against a measure which they precaution to prevent frauds in futur
conceive to be of a most pernicious and unconstitutional A SHAREHOLDER : You have not t
character, and because they may purge themselves from Carter's frauds.
all responsibility for consequences which- they hold to be The CHAIRMAN : I regret I cannot
as inevitable as they must be deplorable. to that question. Carter bad been in t
The Tekgraph, declares that the debate. on the third parry for twenty years, and at preset
reading of the Irish Church Bill would end only in one able to carry the investigation over
result, was recognised by Tory not lesS emphatically than we find that his defalcations in t
by Liberal speakers; and hence "the air of unreality" amounted to a little over -£6'oo. I
which marked Monday night's discussion in the Commons former years were not so large as in
from its very opening. Amore lifeless or a more purposeless people who comanit wrong without dm
array of words was never called forth by a great subject, more bold as their offence increased.
and Mr. Cardwell spoke with the severity of justice a-lien An amendment was moved to the
he declared it to be "an unworthy occupation of the time bon of the report. It was pointed
of the House." A generation hence people will regard sheet did not contain any allusion
the opposition which the measure has encountered, and in fact they were not fully
the predictions of national woe which it has excited, with and therefore the accounts were no
as much wonder as we now regard the frantic hos- -to declare a dividend. The directors
tility and the wild prophecies of national ruin that of necessity this could not be otl
that greeted Catholic Emaneipath n, the first Reform far as they went, were quite correct
Act, aral the Repeal of the Corn Laws. Our embezzled by keening items out of t
children will marvel how, even by politleal perversity, H.P., one of the directors, stated is
religious appeals• could have been mrele against what., was the secretar3's servant, and not
with all reverence, may be called a truly religious meas secretary was doubtless responsible
sure. Mr. Disraeli, it is true, anticipates a different done, and the company ought not t(
result, and on Monday night, to paint the future, he defended the directors from any c
dipped his rhetorical pencil "in dyes of earthquake and said no board could withstand a coi
eclipse." But Mr. Disraeli's genius has ever been fated carried on by collusion, as the one
to serve as the handmaid of bad causes, and his predic- the close of the discussion the are
Cons to be falsified by events. He will add but another and the origireal motion was agreed
to the list of eminent Conservatives, like Lord Lyndhurst
and Lord Derby, Whom the stern Nemesis of distorted The ,
reify hear —4,1.1-..t.n the tn to
genius bad doomed to be ever wrong ; and the future will
wet.twater's petition is that " Der I
have to say that never did the Commons of England per-
The countess pert air: at Ceti:ridge,
form a more wise, a more religious, or, in the highest sense
to roes eel further wallher claims.
of the term, a more Conservative act than when they read
I
a third time the bill for destroying that alien ecclesiasticalrT
LIFE IN STONES AND ROCKE
aecendaney which has made the name of Ireland a hyee-ord Golsthamierofs, has or soe years past dee(
calcopicm-1 ithological resel

-=`-

among tie nations.

The 4tfir thinks that the (I,tl,ate on tie third reading of
the Iri Church Bill was a very dull arr.c.r. The growing
the‘ Lords wunhi the, hill witliont
raly sCri '11131:of it Lad de-
- -is.? Commons.of aI

persl

e':en

privrA

?,

_ _
.e wcr.? still 121?.11-1ber:3

practical interest, cal
who felt bound to liberate their minds, the minds which
were liberated were for the most part so devoid of
originality and spirit that there was nothing in the inci-
dents of the'debate to atone for its lack of general impor-
tance and attractiveness. The task of moving the rejec-
tion of the bill was undertaken by one of the gentlemen
who represent for the duration of the present Parliament
the degeneracy of Lancashire. The result of the debate
was, of course, a foregone conclusion, and the bill is now
cafe on its way to the House of Peers.

Ann Ilathay.:a,y's cottage and gardan at Stmt.
f are advertised for sale 1,17 priva'w, contract.

THE LONDON, CHATHAM, AND DOVER RAILWATICOII-
- the Court of Chancery, on-Monday, the 44ords
Justices resumed the hearing of two appeals from 'orders
made by Vice-Chancellor Stuart respecting the affairs of
the London, Chatham, and Dover Railway Company. The
first order was to restrain the directors from further' pro-
secuting in the name of the company the bill for refer:ring
the affairs of the company to the arbitratif ,n of
Lord Cairns and Lord Salisbury. This bill passed
through the House of Commons, and hs s been
read for the first time in the House of Lords.
The first order was made by the represmtatives
of the stock and share holders. The second. order was
made upon the application of the representltiort of the
debenture-holders, and directed the payment by the direc-
tors into court of the snm of .£150,000, which hadarisen freon
the tolls received by the company. The LoTtISJIISti
after hearing arguments on both sides, revers• d both the
decisions of Vice-Chancelor Stuart, and ~rdered the
costs of Vic:directors to come out of the comp Lny'atesets.
THE CARE OF OVEREND AND CUENET.— In .the Equity
Court, on Monday, Vice-Chancellor A.Talins ga• this deci-
sion with respect-to a claim of .E 109,000 mad :by the re-
presentatives of Overend, Gurney, and Co. in respect of a
loan advanced to the Cork and Y,..eghal Rail-
way Company. The Vice-Chancelle: decided in
favour of- the claim, observing that the Irish com-
rally bad had - the I:cneflt of the advance, saying
nothing of its impropriety for two years, but they now
resisted the claim for payment on the winding up of tl:e
company, on the ground that the directors had exhausted
their borrowing powers. Such a plea of illegality was
contrary to all morality, and the loan must be repaid out
of the assets of the company before anything was paid to
the shareholders.
CHARGE or LIRE .—ln the Court of Queen's Bench,
ou Monday, the court refused a second application for a
rule calling upon the publisher of the Sheffield Independent
to shew cause why a criminal information should not
issue against him for libel upon Mr. Munster, a defeated
candidatp for Cashel at the last election. Leave to renew
the application had not been solicited when the rule was
refused last term, and under those circumstances it could
not be entertained.

CAB-STANDS AT RAILIVAT-STATIONS.—On Monday the
Court of Exchequer decided an important question con
cerning the status of cab-stands at railway-stations. A
cab proprietor, who is a member of the strike committee,
summoned a cabman for refusing to drive him from King's-
cross to Camden-town. The defence was that the com-
plainant bad not arrived by a train. The magistrate
dismissed the summons on the ground that a railway
station was private property, and did not come within the
meaning of the Act. On appeal his ruling has been
lonfirmed.

ATTEMPTED MURDER IN SUSSEX.— On Monday morn.
lug, a young man, named Cooper, aged 20, was brought
before the Sussex county magistrates charged with at-
tempting to murder his father, at Enfield, by discharging
a loaded rifle at' him. The crime was com-
mitted on the 24th of February, hut the wounds
were so severe that it was not until Monday
that he was able to give evidence. Mr. Cooper,
sen., is an agricultural implement manufacturer, and is
greatly respected. The court was crowded. At the con-
-elusion of his evidence the prosecutor shook hands with
his son, and both were deeply affected. The prisoner had
nothing to say to the charge, and was committed for trial
at the next Lewes Assizes.

THE CEMETERY COMPANY FRAUDS.

At the annual meeting of the Abney Park Cemetery
Company; the frauds upon the company by a clerk were
discussed at length. The directors offered a dividend of
10 per cent; and after congratulating the shareholders on
this, the chairman went on to explain the defalcations in
the accounts. He (lid not think that was the occasion
when they should discuss the question as to whether the
clerk who had robbed the company so heavily had been
their servant, or simply the servant of the secretary.
That point would, no doubt, arise hereafter; but he had
no hesitation in saying that the board had always reposed
the fullest confidence in Mr. Heath, who had discharged the
duties of secretary in an efficient and satisfactory manner.
The discovery of the frauds was a little remarkable. Mr.
Bontems, one of the directors, naturally surprised at the
disclosures that were being made in the commercial
world, suggested the propriety of investigating their own
accounts, with the view of seeing whether they were being
kept in a manner that eecured the interests of the share-
holders. That suggestion led the secretary to see Mr.
Brown, the superintendent at the cemetery, and, in the
course of the conversation, Mr. Brown said, " I think you
had better look more at home, at the office in the City I
mean, than come here." Mr. Heath was at once put upon
his metal, and asked what such observations pointed to.
Mr. Brown then referred to the style in which Carter,
the clerk, was living, as being out of all charactCr.ith
the receipt of only £l9O a year, and added that it had
frequently struck him that, considering the amount of
business which was done at the cemetery, much of the
money received did not appear in the published accounts,
which he had perused. Mr. Heath communicated with
the directors, and a scrutiny of the books took place.
Carter was questioned ; his replies were not considered
satisfactory ; but on the pretext of procuring some
luncheon he left the office, and had not since been heard
of. The ntber person connected with the frauds was a
clerk named Kitchen. lie worked under Carter, and after
that indiVidual had absconded Kitchen was closely interro-
gated, and after some shew of virtuous indignation he
said if anything was wrong he was not to blame, as he
Lad on'y acted under the instructions of his superior.
While the investigation was proceeding the secretary
found some rolls of papers in a secret drawer, and those
documents disclosed many frauds, and the precise manner
in which they had been evil:witted. He did not believe
the auditor& could have discovered the frauds. By some
means Carter had obtained possession of an extra order
people paid money they received
receipt book, and when
receipts from that book, when the fly leaves were torn out,
and it was a roll of these that was accidentally discovered.
Unfortunately the receipt books in use had not been con-
secutively numbered by the printers, or the frauds would
Lave been more difficult to perpetrate, and they could not
have been committed at all if Carter and Kitchen had
not been in collusion. How could blame attach

to the directors in the matter? It was very easy to say,

" You ought to have done this, or you ought to have done
that ;" bit all boards and all other persons who transacted
an extensive business must of necessity place a large
amount .of confidence in their servants, or they would,
have to limit their transactions to what they could indi-
viduallysu.perintend. The board placed a large amount
of confidence in the secretary, who, deserved such con:.
filene, and the secretary, no doubt, bad .full reliance on
those who served him. The directors bad taken everj-
precaution to prevent frauds in future.
A SHAREHOLDER : You have not told us the amount of
Carter's frauds. •
The CHAIRMAN : I regret I cannot give a definite answer
to that question. Carter bad been in the offices of the cora•
loamy for twenty years, and at present we have only-been
able to carry the investigation over one year, 1868, and
we find that his defalcations in those twelve months
amounted to a little over £6OO. I trust the frauds in
former years were not so large as in the last few;.lJecause
people who commit wrong without detection often became
more bold as their offence increased.
An amendment was moved to the motion for the adop-
tion of the report. It was pointed out that the balance.
sheet did not contain any allusion' to the frauds, that
in fact they were not fully discovered as yet ;
and therefore the accounts were riot trustworthy enough
-to declare a dividend. The directors, however, contended
that of necessity this could not be otherwise; the books, as
far as they went, were quite correct, and the money was
embezzled by keeping items out of the bobs. 111 r. Ileed,
r., one of the directors, stated his opinion that Carter
was the secretary's servant, and not the cumpany's. The
secretary was doubtless responsible for what Cartery hail
done, and the company- ought not to be the sufferers. He
defended the direetors.from any charge of neglect, and
said no board could-withstand a conspiracy that had been
carried on by collusion, as the one under discussion. At
the close of the discussion the amendment was rejected,
and the original motion was agreed to.

The rcyly from the Queen to Countess r f Dcr_
weLtwater's petition is that " lier 11c.ksty bus rvee-:\-L,
The counters remains at Certridge, aed seems determined
to FOCA ed further lii •r claims.
. LIFE IN STONES AND ROCKS. —Dr. Jenzsch, of
Gotha, has for some years past devoted himself to what he
calls microscopic-lithological researches, and now an-
nounces that in various kin.ls of crystalline and volcanic
rocks he Las discovered it inn!e animal and vegetalde
forms in prodigious numbers nod in a foss) con 'ition.
Some of these minute creatur4,s he describes as Tia‘in3
teen petrified in the midst of their "Lfe functions."
Amorig them he f;103 in!7nsorio at,tl rotlitra!, hitt, n:ilizlt'd
alg,T., and he infers their formation in a large expanse
of stagnant water.

MR. SUMNER IN A RAGE.—The New York
Herald of the 17th May contains the following para-
graph :—" Senator Sumner called at the White House to
see the President last week, but Mr. Dent, the chief
usher, having carried up his card, returned with the
remark that he would have to wait fifteen minutes. Mr.
Sumner said he would not wait fifteen minutes for
Napoleon, Victoria, or anyone else, and that when Mr,
Grant wanted to see him be could send for him. With
that he withdrew in a rage, and told a friend that the
_White „I:l9lo2iyas nothing Imtarnicena