The Sun.
London, England, 1869-05-01 00:00:00

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BP -all OF W TEE PD JOURILLia. I''ll ' GREAT CONVENT CASE.
The Saturday Review, in discussing the present On Friday, in the Court of Queen's Bench, the convent
aspect of the Irish Land Question, remarks that case, "Saurin v. Starr," was again brought before the
it is impossible to say whether the aimless and cold- judges. The Lord Chief Justice (Sir A. Cockburn) took
blooded assassinations which now make Tipperary his seat once again on the bench. Mr. Mellish was called
worst than Calabria or Mexico, are due in any upon to go on with the case. The judges on the bench
degree to the declarations of the present Government besides the Lord Chief Justice were Mr. Justices Lush,
about the land. It is easy for Opposition speakers to take Hannen, and Hayes. the counsel present were Mr.
one side, and for Government speakers to take the other, Hawkins, Q.O a.,
Mr. 'Mellish, Q.C., and Mr. C. Russell
but the simple fact is that the very best-informed Irish- for the defendants.'
men are wholly at a loss to account for the recent buret of Mr. Mellish said in the case of " Saurin v. Starr," for
agrarian outrage. Anyhow, Mr. Gladstone and his col- which there was a verdict for the plaintiff, damages
leagues are responsible for the general expectation, with £5OO, which was to be reduced to £2OO if there was a
all its attendant excitement, that the present Government restitution of something hm] Baeot-street, Miss Saurin
intend to do something as regards, not only the Irish now seeks in the Court of Chancery to have it declared
Church, but Irish land and Irish education, such as no that the property of Bagot-street may be valued, and the
Government has wished or dared to do before. Theyhave property be distributed amongst the members. He appre-
assigned themselves the task of entirely remoulding the headed that the damages must be reduced to the £200;
policy of England towards Ireland. Whether this task is and that she must not be entitled to anything in respect of
beyond their strength, and whether what they may here- a division of any property. He should move on the third
after propose will be wise and acceptable to the country and fourth count. for a new trial.
time alone can silent. It 13 SlaCklit for the present that The Lord Chief Justice :My attention was not called
the measure with which they have begun is hold, states- to it.
manlike, and successful. That they could have dealt Mr. Mellish said he was sorry that he had not dcne it.
with more than one great Irish question in a session He was also instructed to move for a new trial for a verdict
is quite impossible, and no one except a peer full against the evidence. One of the grounds for moving is
of the bitterness of Tories in opposition, or of that in the suit in Chancery it is treated that this suit is
the deeper bitterness of neglected Whigs, can don finally disposed of ; and if he did not move it would
that they were right in dealing first with the Church. be token for granted the defendants acquiesced.
According to the principles of the Liberal party, the The Lord Chief Justice said there was matter for con-
existence of the Irish Church in its present form is alt., tradiction and explanation, and it was left for the jury to
gether wrong. It is a thing quite indefensible, and decide on it, and they decided against it by impression. He
opposed to all the doctrines that the Liberal party spend found that he must remove the impression of theSolicitor-
their lives in asserting, to maintain by the exercise of Im- General's speech. The effect of the verdict gave £2OO
perial power a Church symbolical of hatred for the religion damages to the plaintiff for being compelled to leave the
of a conquered people. Until this wrong is remedied, religious establishment, and £3OO for what she had paid
other questions between Ireland and England cannot, from into that establishment. He thought Mr. Mellish would
the Liberal point of view, be approached with an easy would have to urge his objections in Chancery.
conscience. We know that we are wrongdoers in one Mr. Mellish said he should move for a new trial on the
material point, and we cannot discuss other points freely. ground of verdict against evidence on the third count of
Some day, perhaps, the discussions between Ireland and the declaration, in which the plaintiff was alleged
England may reach a stage when Ireland will ask what to have been deprived of benefits of establishment.
England cannot grant, what her. honour or her care for her That was a matter of fact. The first question
own safety will forbid her to conceive. Irishmen must to consider was whether Miss Sarnia had kept
then be made to understand clearly that they are not going the vows of poverty, chastity, and obedience
to get what they ask. Firmness, and, if necessary, the which were exacted of every nun. There was to be
extreme of firmness, must be shewn. To yield out of lazy absolute obedience to the mother superior as though
good humour, or under the influence of a dreamy senti- it was the -voice of God. Besides the plea of not.
mentalism, everything that cliques of noisy, ignorant, guilty, the plaintiff was not a member lawfully entitled to
fanatical Irishmen choose to ask, would bee .equally de- the advantages and Trivileges—that is, being fed and
grading and disastrous to England. But how should we clothed. This is a conventual establishment for the mem
have the heart to be firm, how could we feel comfortable hers to remain there for their natural lives.
in putting forth the strength of England, if we knew that Me. Justice Lush : Until they like to go away.
at the time we were doing a wrong to the Irish people ? Mr. Mellish : This is a contract the law of England will
The great use of settling the Irish Church question at not enforce as againit the nun, who entirely subjects herself
the outset is that the Liberal party will then have to the will of the superior. But this is a contract between
qualified itself to discuss, without fear or self-reproach, two persons, the plaintiff agreeing that she would stay
all other Irish questions, or to consult the interests of the there for the term of her natural life.
Empire rather than to earn the fleeting gratitude of insas Mr. Justice Lush : Could Mrs. Starr (supposing Miss
liable Irishmen. . Saurin left the convent) sue her fur breach of contract?
The Spectator says there is one idea running through Mr. Mellish : I contend that she could maintain an
Mr. Newdegate's mind, and that of a great many worthy action for breach of contract. In the course of his further
people in England, for which we could never account, argument Mr. Mellish referred to the statute of George
and that is, that an English Catholic must necessarily ' 111., which repealed the penal laws against Catholics.
be at heart hostile to the dynasty.. He would not, he On the passing of the Roman Catholic Emancipation Act
said, trust Dr. Maiming with any secret affecting the these disabilities were removed ; but there were certain
Royal Family. Why not? That an Irish Catholic restrictions against the founding of ecclesiastical
should be disloyal out of some hope of founding a separate establishments, and especially against the taking
Irish State is conceivable, though, as a matter of fact, of vows, which was considered a demeanour.
Irish Catholic bishops no more wish for an Irish Republic But this was not to affect females who
than Mr. Newdegate does; but what conceivable or were excluded by this prohibitory clause; ar.d if the
inconceivable motive should induce an English gentleman law did not emereise nay restrictions at present, the law
of Catholic opinions to prefer a Republican r(ginze to that still remained in force, Lut he apprehended it
of Queen Victoria? Because, Mr. Newdegate will reply, would never now be enforced. The progress of
that is the interest of Rome ; but why i 3 it the interest legislation bad been continued to remove all
of Rome ? It is the interest of the Papacy, no doubt, those disabilities ; and were it not that the law would
that England should be converted, and that it should never be enforced against tiara, a fresh statute would
cease to be friendly to Italy, and that it should be dis- have been introduced ere now. to repeal those which. at
posed to support the Temporal Power ; but which of uresent may be said to have no existence.
then objects would be promoted by killing or terrorising The Lord Chief Justice :Do you say that the present
the Royal Princes? The alternatives in this country are law will not touch a monastic establishment if it has fur
not, as they once were, a Protestant dynasty or a Catholic its objects religiouseducation ?
King ; but a Protestant dynasty or a sovereign House of Mr. Mellish : Yes, my lord. Having passed in re-
Commons, which, if we know anything of our country- view the other Acts on this subject, the learned counsel
men, would reflect Protestant suspiciousness quite ,as contended that the evidence at the trial was against the
strongly as the present rule, and would be far more ener- verdict. In reference to the alleged libel, the defendant's
getic in its dislike for Papal pretensions, and far more counsel objected it was not proved in the proper way. There
disposed to sympathise with the sentiment which Catholics was an imperfect deposition, and the -Lord Chief Justice
denounce as " Garihaldism," and which would, by its not having allowed us to amend, the question is whether
mere existence, give a tremendous impetus to the " Red" we are not entitled to a new trial on that.
spirit of the Continent, the spirit which Rome dreads with There was scarcely a single important statement in the
a dread that turns her boasted wisdom into folly, induces deposition of the uncle which was not contradictory. The
her to throw away her last chance of supremacy in the learned counsel then pointed out those matters which he
world—an alliance with the European democracy. Does considered contradictory. It was perfectly untrue that- the
Mr. Newdegate think that the author of the Syllabns p'aint;ff was removed from thepaltry allegations againsther.
really wants republics ;orif he does, why does he dread Now take the case that she is dissatisfied with her veil,
a Power which, on that theory of its objects, must be at clothes, and boots. This was met by Mrs. Starr, who
once imbecile and inconsistent ?. The Irish Catholics are, stated that she wilfully tore her veil and asked for, a new
by the accidents of their position, Liberals—though the one; and she was always asking for more clothes than the
Irish character is inherently and strongly Conservative, rest of the Sisterhood.
over-Irmo to rencreree and to loyally—hut the English The Lord Chief Justice : All the depositions were sent
Catholics are, except on Chnrch questions, horn Tories of by the defendant to the bishop.
the least manageable kind, loyal to authority, reverential Mr. Mellish said Father Matthews charged Mrs. Starr
of tradition, proud to contentiousness of pedigree and n ith sending depositions to the bishop maliciously-
position. Why, on earth, should they, of all mankind, The Lord Chief Justice : The Solicitor-General asked
wish to overeat Queen Victoria in favour of Mr. Bright? for copies of depositions of what tock place before the
The Examiner and Load. n Review says that now that court of inquiry, and at my suggestion the defendants
the 110150 has been stolen, the directors of the Ga at vcry fairly gave them up.
Central Gas Consumers' Company have issued an official Mr. Mellish : There were depositions of Father !
report upon the method of the robbery. A more helpless Matthews which were not contained in the count against
picture of generalimbecility than isofferedby thisdocument the defendants, and I believe the jury assessed the
it would be difficult to imagine. From beginning to end, damages partly on the count and partly on the depo-
it points out the perfect infallibility of the system under sitions ; and I submit that that state of facts entitles me
which the accounts of the company were regulated ; and to a new trial.
yet the fact is not the less apparent that a clerk who The Lord Chief Justice: I think you may take your
rejoiced in a salary of £145 a year was able to abstract, rule on the reduction of damages.
during the tong period of seven years, a sum of over Mr. Mellish :In case I should not succeed on that, I
seventy thousand pounds, without incurring the least sus- should like to have a rule for a new trial.
picion. Not only do the directors designate the company's The Lord Chief Justice : I should be very sorry
method of book-keeping as " a perfect system of check," to have that cause tried before me again. The
but the auditors " state that they are unable to suggest plaintiff had the benefit of these depositions,
any improvement in the system of the company's as part of an alleged conspiracy, and therefore she no
accounts." Of course, the one admission is the corollary doubt bad the benefit of them in the damages awarded of
of the other, for you cannot improve that which £5OO. I think the jury intended everything to be included
is perfect ; and yet we are of opinion that the in that.
company's system did not quite reach perfection, or Mr. Mellish : I should like a special rule, with power
else the £70,000 would not have disappeared unobserved. to reduce the damages from £5OO to £2OO.
Another suggestion, in the opinion of the Examiner, de- The Lord Chief Justice :I do not think that can make
serves attention. It is, that Higgs was placed in great any difference in the Court of Chancery, where the
temptation by the inadequacy of his salary to his respon- equities will be decided without regard to the finding of
sibilities. A man of fixed moral principles and strougwill the jury.
would, of course, allow no such considerations to interfere Rule granted accordingly.
with his probity ; but Higgs was not one of those. Nay,
to speak frankly, it would be very hazardous to say what
Proportion of men, finding themselves in Higgs's position,
might not succumb to the great temptation of it. Heaven
forbid that we should say one word in excuse of Higgs's
wanton and gratuitous thievery; but, on the other hand,
we do not consider that the. directors should have been so
much surprised, as they appear to he, at his departure
from the paths of rectitude. Above all, it is incompre-
hensible that they should not have seen any indicatio n
that 'liege was living at more than £145 a year. Their
confession, as-we say, is on time whole, a humiliating docu-
ment. It leads us to doubt those notions of the superhuman
quickness and keenness of City men which are current.
Dogberry wished much that some one should write him
down an ass ; but the directors of the Great Central Gas
Consumers' Company have been content with publishing
their report.

ABOLITION OF THE HEAPED MEASURE.—In the

Yorkshire towns it has always been the custom to sellfield
and garden produce by quartern, peck, and bushel, the
diversity of shape of these measures giving the dishonest
salesman the power of defrauding the customer—usually
the poor, who buy in small quantities—to the extent of
10 or 20 per cent. The practice was rendered illegal by
the Act 5 and 6 William IV., c. 63, s. 7 ; but the Act has
never been enforced. The glaring robbery practised on
the public by the heaped measure system has become so
patent that the inspectors of weights and measures are
enforcing the Act. Time, however, is being given to pro.
vide weights and scales. In the Malton market
no measures will be allowed after Saturday next, notice
to that effect having been issued by Superintendent
Gregory.

The John Bull declares that the debate in the House of
Lords on Tuesday was remarkable for the vigorous speech
of the Earl of Derby, with whose c‘mclusions as to life
peerages we most thoroughly agree. The Liberal papers
endeavour to make capital out of the fact that the bill

AN INCAUTIOUS TRAVELLER.—Two men, named
Icard and Palanca, have been tried at Nice for attempted
murder and highway robbery. The prosecutor, Pellegrini
had crossed the frontier of Italy into France on the
evening of the 27th January last, and having eutored into
conversation with the prisoners, who were ti ...fling in •
the same direction as himself, imprudentl.% •1 them '
that be was on his way to purchase cattle. 8 .• v after-
wards he was walking a few paces in advance ;3 com-
panions, when !card fired a pistol, wounding .• lin the
bead, and the two accused followed up the ack by
striking him with the same arm and with a heavy ,tone on
the skull until they supposed him to be dead. Tl:ey thei
commenced rifling his pockets, but were interrupted by a
labouring man named Albert, who bad witnessed the
struggle, and hastened to render assistance. They then
took to flight, but were shortly afterwards arrested, when
hiding in a stable. Icard, who had already undergone
several previous condemnations for acts of violence, was now
sentenced to death, and Palanca to twenty years hard
labour.

was read a second time, and argue that practically it has
become law. But this is far from being the case. 'The

Earl of Derby, the Earl of Malmesbury, and Lcrd Cairns,
distinctly reserved to themselves the right to vote against
the bill on the third reading, if its provisions were not

modified in committee. The summary manner in which
Earl Grey's bill was treated may serve to skew that their
lordships will not allow their privileges to be tr:tled with ;
and the Liberal papers may be satisfied that the bill of

7arl Russell, as it stands, has no chance of becoming law.
Modified, so as to extend the princfple of a.bbiil suggested
by Lord Derby himself more than ten years ago, it prob.
ably will become law ; but we take the opportunity of
urging on our hereditary legislators that an active dis-

charge of their duties, more frequent interpelletions of the
Ministers, longer sittings, and more constant participation

in legislation, are the surest ways to increase that strong.

hold on the affections of the people which the House of

A SPHunTAL CRITIC. —A gentleman who called
at our office on Thursday last has made known to us hit
experiences of spirit power. He states that he is never
under the necessity of calling in the services of a medica
man, for whenever he has the misfortune to be ill the
spirits give him advice, upon which he acts, and he is
cured forthwith. A friend of his, who was given oyes
by the docters, was cured by the prescription of r
spirit, made known to him by a child medium. H(
once bad an interview with a clergyman who was
loth to believe. 'The following Sunday he
went to the church where the rev. gentlemar
officiated, and sat near the pulpit. While the sermor
was in progress, the spirit raps were heard with
great distinctness and frequency. Sometimes they esc
pressed approval, sometimes disapproval. The next day
the clergyman asked what the raps signified. " The spirits
approved when you spoke of the loving-kindness of a(
Deity," was the reply ; " but when you spoke of hell-fin
and such matters the raps became lend and angry
intimating extreme eispleasure." If it wont' not by
pr.sumptuons on our part is offer a suggestion to it
sp ,'t we should respectfully urge that in future it wouU
be better, when a clergyman preached a bad sermon
to rap,
:not his pulpit, but his knuckics.--Tiic Eestcrr
Poat.

Lor,lsalready pcssesses, as afford:Lig the surest guarantee

for tempered freedom, and the best bulwark against rash
changes. Let us hope that the Colonial Secretary will
prove alike his own consistency and the inherent wisdom
of the house he leads, by repeating, on a suitable occa.

sion, his assertion, in a, former deicer. onon life peerages, so
well recalled by Lord Derby, that "it would be considered
both in this House and the country a serious blow if the

number of the 'ores spiritual were to be diminished even

by the removal of a single prelate."

The Weekly Register understands that Mr. Weld,
the newly appointed Governor fur West Austral a, is to be
be knighted.

CABINET COUNCIL.—At the Cabinet Council held
at Downing-street on Friday, the Ministers present
were the Right Hon. W. E. Gladstone, the Lord Chan-
cellor, Earl de Grey and Ripon, the Earl of Kiniherley,
thaßight Hon. 1.1. A. Bruce, the Earl of Clarcn,lon, Earl
Granville, the Right Hon. E. Cmi•xcli, the Duke of
Argyli, the Chancellor of the 11::ehecicr, the "Right lion.
Hugh Childers, the Right Hun. J. Eriblit, the I:rglit 'lon.
G. J. Goschen, the Marquiz of Ilartinton, and the Right
Ron, C, Fortescue.