The Sun.
London, England, 1869-01-11 00:00:00

THE SUN, LONDON, MONDAY EVENING, JANUARY 11, 1-69.

evidence has been given to prove (provided it be
unshaken) that the prosecutor was justified in seek-
iug for a judicial investigation. It is stated, for
instance, that three of the defendants were, after
crediting them with everything that could fairly be
deducted, indebted to the company £2,070,000 ; that
they paid no calls on their shares and that
one of the defendants had just before the
stoppage reduced his deposit from £71,000
to 4s. 4d. It is important to bear these
statements in mind, because very powerful in-
fluence has been used to prevent the prosecutor from
proceeding. The Times—which some two years ago
published a very remarkable article on the London,
Chatham, and Dover Railway, suggesting that cer-
tain persons ought to be brought to the Old Bailey,
and promising an article of the same kind on
" Overend and Gurney," which for some unexplained
reason never appeared—has attempted of late, in its
money article, to deter Dr. THOM, by pointing out to
him the immense responsibility he will incur if it should
turn out that he has falsely accused the defendants.
Nor is this the only mode in which a demonstration
has been made on the part of City men against the
prosecutor. The sureties who have come forward as
bail for the defendants are men of such high standing
in the City that they have almost a right to
be considered as representing all Lombard-street
against Dr. Tnom. In the third place, the conduct
of the counsel for the defence is seriously open to
criticism. It is one thing to take lofty ground,
and to assume that the defendants are men
of such high character that they scorn the
accusation which has been made against them ;
it is another to carp at every word of the witnesses
for the prosecution, and to seek to trip them up for
every trivial expression. It is compatible for
counsel to take either course; it is not compatible for
them to take both. When we find Mr. HOWELL
caught up because he used the expression " I candidly
believe," and asked if that was the first time that
he had been candid, and when we see resort
on the part of Serjeant PARRY and Mr. GIFFAItD
to innumerable minute technical objections,
nearly always overruled, we cannot but infer
either that the defendants are very unfortunately
represented, or that their case is not quite so clear as
has been assumed. Finally, the prosecution ought
never to have been instituted by a private person,
nor brought before the present tribunal. We attach
no importance to the argument that Dr. THOM may
be suspected of acting out of revenge. He is no more
and no less liable to that suspicion than the man
who, having had his handkerchief stolen, appears
against the thief. It is for quite another reason—
because the enormous responsibility, labour, and
cost of such a trial as this ought not to be borne by
any private person—that we say the trial ought to
have been undertaken by a public prosecutor. As to
the court, it is simply monstrous that two gentle-
men who have had no legal training, hence no
knowledge of the value of evidence, should be called
upon to adjudicate in such a case as this. It is true
that the present is merely a preliminary investiga-
tion ; but clearly a great wrong will have been done
if the LORD MAYOR and Sir THOMAS GABRIEL
Should commit the defendants for trial on insufficient
evidence, or should discharge them in the face of
evidence which the public generally will think
criminating.

LATEST -INTELL IGENCE.

(REUTER'S TELEGRAMS.)

REPORTED LOSS OF H.M.S. GNAT.

ADMIRALTY, Jan. 11, 1869.

The Secretary to the Admiralty presents his
compliments to the Editor of The Sun, and begs
to enclose an extract from a letter just received]
from the Naval Commander in Chief on the China
Station, from which it appears that the report of
H.M. gunvessel Gnat having been lost (which was
received by telegram a few days ago, and appeared
under the head of " Latest intelligence" from Ja-
pan) cannot be true :
Extract from letter, dated Penang, Dec. Gth :
" The Gnat, having visited Labuan on the pas-
sage to complete coal, proceeded to Hongkong on
9th November."

ITALY.

FLORENCE, Jan. 11.

Th© Correspondance Italienne of to-day says that,
at the first meeting of the Conference on Saturday
last, the Greek Plenipotentiary protested against
his position as compared with that of the Turkish
Representative, and subsequently withdrew from
the Congress.

CORRESPONDENCE FROM PARIS.

(FROM OUR OWN CORRESPONDENT.)

PARIS, SUNDAY, January 10.

The official journals are not coming on very well in their
defence of the Government in re Baron S6guier's resigna-
tion. They evidently do not like it the affair
is too dirty for any paper except the Pays, and
in consequence their half-hearted apologies are of
little benefit to the Imperial cause. So far as the
logic of the question goes, it is very restricted. The
official journals rely on the argument of passive obedience ;
the public prosecutor may have a conscience, they affirm,
but his conscience cannot cover an act of treason. But
this does not prove that a public prosecutor should
strive like an advocate to bring about a certairL verdict.
The aim of a State trial is, or ought to be, to administer
the strictest justice. But how could Baron S4guier
preserve due impartiality when he had received in-
formation from Paris that the accused were guilty, and
that he must act on that assumption ? The enormity
of such a procedure may appear less glaring in a country
where such discreditable tricks on the part of the Adminis-
tration are common, but transfer the circumstances to
England. 'We have no public prosecutor, but we have
lawyers who undertake that dutywhen occasion requires it.
Imagine, then, a trial at the Central Criminal Court, and the
counsel for the Crown receiving a private notification from
Mr. Bruce that the prisoner was guilty, and that counsel
must endeavour by all means to ensure his conviction.
Such a proceeding could lead only to one result on your
side of the water. The Minister who was guilty of it
would speedily have to seek refuge in retirement.
The law students of Toulouse, to the number of 300,
turned out a day or two ago, and marched in procession to
Baron Seguier's house. They had previously posted up a
notice at the doors of the school inviting all the students
to unite themselves in a body for the purpose of this
demonstration. " Honour and independence are senti-
ments too profoundly engraved in the hearts of
youth to render it necessary for us to insist
upon the utility of such a measure." Assemble in
a body the students accordingly did, and presented
themselves at the Baron Seguier's house. He was,
perhaps fortunately, not at home ; but the enthusiastic
youths forthwith resolved themselves into a committee of
the whole house, and drew up an address. Baron
Seguier responded by a letter in which he expressed his
intention of thanking them in person.
Prince Napoleon is getting better. He is so far
recovered as to be able to sit at table. There can be no
doubt, however, that the attack has been very severe.
Five doctors have been called in, and the Prince, who was
once so stout, has been reduced to a comparative shadow.
Excessive exhaustion, arising from his continued travels,
is spoken of as the cause of this illness. It will be some
time before he regains strength. Of the Marquis de
Moustier I can give no good account. The reports are
contradictory, but, according to the latest and most trust-
worthy, he had passed a bad night.
The Society Immobiliere will speedily make its appear.
ance before the civil tribunal of the Seine. Count de
Germiny, the president of the board, sought to postpone
the trial for two months, on the ground that negotiations
were now on foot, and that a convention of a nature to
satisfy all parties had been agreed to. It required only the
sanction of a general meeting which had been convened for
the 30th of January. This convention, I hardly need say,
is founded on an offer of the directors to pay an indemnity
to the shareholders of nearly a million and a half sterling
out of their own pockets. The court, however, decided
that the question of right had been opened, and that the
convention could not interfere with it. This action, which
has been brought by eighty-four shareholders claiming
full restitution of the value of their investments, must there-
fore take its course.
Your readers will doubtless remember the account I gave
a short time ago of M. Oudet's remarkable experience
while imprisoned for a political offence in Ste. Paagie Gaol.
A communiqué has been sent to all the papers, denying
the truth of these statements. M. Oudet, therefore, gets
the lie direct, but then—the public is inclined to believe
him.
Some rumours were current that, the Chinese Embassy,
now in Paris, would meet with rather a cold reception at
the European Courts, on account of an American being
selected as the representative of the Celestial Empire.
There is no foundation for such statements. I believe that
for once the Liberte represents the French Government in
saying that the desire of China to enter into the course
of civilisation will meet with general sympathy and
assistance.
The Emperor has received a letter from the King or
Bavaria, announcing the marriage of the Princess Sophia
Charlotte, daughter of Prince Maximilian, a Bavarian
duke, with the Duke of Alencon.

THE WEATHER TABLE-THIS' DAY.

TUTS LAW BUSINESS OF THE NEW TERM.

The common law cause lists shew a large amount of
business for the term commencing to-day. In the Queen's
Bench new trial paper there is one case standing for judg-
ment and sixty for argument. In the special paper
there are four for judgment—amongst them Phillips
v. Eyre and forty-nine for argument. In the
enlarged rule paper there are eight cases for
argument and three motions standing for judgment. In
the Crown paper there are thirty-six cases for argument.
In the Common Pleas new trial paper there are four
enlarged rules, five matters for judgment, twenty-two
for argument, and three postponed motions. There are
thirty-six cases for argument in the special paper, and there
are seventeen registration:appeals. In the Exchequer there
are three matters in the peremptory paper; in the new
trial paper three cases standing for judgment, and twenty-
two for argument ; and in the special paper there are
eleven cases for argument. In the Exchequer Chamber
there are two for judgment, and four for argument from
the Queen's Bench; four for argument from the Common
Pleas ; and one for judgment and seven for argument from
the Exchequer.—Law Tidies.