The Sun.
London, England, 1856-08-05 00:00:00

PANAMA AND THE AUSTRALIAN MAILS.

Information received through a private, but perfectly
reliable, source indicates a state of relations between the
United States and one of the South American republics
which may lead to further complications of the difficul-
ties which the former Government has already on its
hands in connection with Central America. A law was
passed by the Legislature of Nev Grenada, on the 25z.h
of April last, imposing a tax equivalent to ninepence
per ounce on the mails of all foreign nations not having
postal conventions with that State, for transit over
the Isthmus of Panama. This enactment is held by
the Cabinet of Washington to be a contravention of the
treaty between the United States and New Grenada,
and likewise a violation of the contract of the latter Go-
vernment with the Panama Railway Company. What
special motives have led to the enactment of this law it
is difficult to conjecture, with any degree of plausibility.
The American Government is said to be very indignant,
but the course which will be taken by it has not been
declared. Toere can be little doubt, however, that if the
Government of New Grenada will not listen to reason,
more potent arguments will be resorted to. Some per-
sons in America fancy they can trace the hostile course
taken by New Grenada to British agency, and that
trouble will come of it in some shape or another. Des-
: patches were sent on the sth to the American Minister
at Bogota, who was to be joined immediately by the
special commissioner lately charged, on the part of the

United States' Government, with the investigation of
the riot at Panama in April last, which constitutes an-
other ground of complaint against the authorities of
New Grenada. The official report has not yet appeared,
but it is understood that evidence has been obtained
which shows that the native authorities are impli-
cated in the responsibility of not crushing the riot at
the commencement when they had it in their power to
do so, even if they did not excite it. Since that
occurrence, and the subsequent accident on the line,
the business of the railway has gone on with its usual
regularity and success. Owing to the interruption
of the Nicaragua route, through the seizure of the
Transit Company's mules
,by General Walker, the pas-
senger traffic and the amount of treasure conveyed over
the railway have considerably increased. The gross re•
ceipts of the five months ending the 31st of May were
630,0005, and the receipts for Juno would it was thought
raise the aggregate of the hal year to 750,0005. A
half-yearly dividend of 6 per cent. was declared on the
30th of June, which would leave a surplus of about
300,0005. What pecuniary damage the company will
sustaia in consequence of the late accident cannot yet be
ascertained. No suits at law have been commenced, and
the directors are desirous to settle all claims amicably,
when the demand made is not exorbitant, though they
deny that they are legally liable to pay a single cent.
Their case is a very different cue to those of the New
Haven and Camden Companies, in the former of which
the train was run into the river, the drawbridge being
open and the proper signal flying, and in the latter the
train was being run backward at great speed. The Pa-
nama train was going at a speed of 15 miles per hour
only, on a part of the line nearly level, and where
there is no curve • so that the accident, whatever the
cause, could not have been occasioned by any fault of
the driver. The growth of the freight business is re-
tarded by the absence of suitable auxiliary facilities in
the Pacific, the want of which has been felt since tee
line was opened throughout.
' Several projects have been started for regular lines
from Panama both north and south, but no adequate
measure has yet been adopted. The company's steamer
Columbus, as we lately announced, will commence
running on the Ist October to Guayaquil and Buena•
ventura, and if the success of the undertaking is corn-
! mensura,te with the expectations that are entertained,
it will serve to stimulate further enternrises in the
same direction. The success with which merchandise
of all kinds has been conveyed from ocean to ocean,
i both as regards economy and safety, proves that
nothing is wanted but additional means of maritime
conveyance on the Pacific side to increase this branch of
the business of the line to an amount which scarcely
admits of a limit. On the Atlantic side the state of
things is much better, and will be further improved by
the establishment of the projected line of vessels between
Liverpool and Aspinwall, for the full employment of
which there is already a sufficient trade.
Tee trade of the west coast is increasing, and will con-
tinue to increase in the ratio of the facilities provided for
the transit of produce from the various ports to Panama.
Much of the Australian produce, too, will soon seek this
eligible route, by which it can be conveyed to England
much more rapidly and economically than by making the
circuit of Cape Horn. Though the business of the line is
not likely to be dietarbed by any difficulties which may
arise between the United States and New Grenada, yet
it would be desirable that the element of British influ-
ence should be introduced there • and it is therefore the
more to be regretted that the Government should have
rejected this route for the conveyance of the Australian
mails. The answer given by Mr. Wilson, last week, to
the question of Mr. Gore Langton, as to the inade-
quacy of the vessels named in the tender of the contrac•
tors to perform the voyage between Suez and Melbourne
in the stipulated number of days, is far from satisfactory.
The conditions of tender required that the vessels offered
should be capable of running 111 knots per hour, and
those offered by the contractors are well known to be
incapable of attaining to anything like that degree of
speed ; indeed they are sot down by the owners them-
selves at only Di knots, and no vessels of the requisite
speed are at their disposal, yet the Government have
accepted the offer, and point in justification to the heavy
penalties which the contractors will incur by failure, and
not a penciy of which is on any account to be retuitted.
The Government may, as we have already said, by
those onerous conditions, have secured the public purse
against direct loss in esaying a heavy subsidy for service
inefficiently performed, but the indirect loss that way
accrue from that inefficiency is altogether overlooked.
The contract may be sufficiently lucrative to make the
payment of penalties accord with the interests of the
contractors ; but will those penalties be a sufficient com-
pensation to the public for the losses, anxieties, and in-
conveniences which may result from an inefficient per.
formance of the service ? The loss of a knot and a half
per bout will constitute a delay of six days in the arrival
of the mail at Suez or Melbourne, setting aside what-
ever other cause of delay may arise in the shape of
monsoon and contrary winds. The penalty for six
days' delay will be 1,050/. ; it may suit the purpose of
the contractors to pay this sum, but the interests of the
public form a matter of much higher importance, and
these appear to have been entirely ever looked. And
then comes the question, what will Australia say ?
Later ad vices from the Isthmus, received by the Bal-
tic, state that a hostile feeling is springing up in the
minds of the New Grenadians towards the citzens of the
United States. The authorities at Panama have been se-
verely censured by the Government at Bogota fur their
' pusillanimity or treachery in not suppressing the out•
break in April last betere it became formidable, and they
are exceedingly angry and mortified at not being sus•
tamped by the Government. Considerable excitement
1 prevails at Panama on the subject, and manifests itself
among all classes of the people. It is diffieuit to say what
the iseue will be, but it is not likely to interfere inju-
riously with the interests of the railway, the neutrality of
the Isthmus being guaranteed by treaty. The American
Government is now sending out supplies for the Pacific
squadron by the railway, and the present appearances
indicate that this route will soon take the place of the
Cape Horn route entirely, so far as the GoNernment is
concerned. Nothing has yet been dons towards eta
bliehing a regular line of steamers for freighting pup see
from l'nnania northward, though there is a capital field
for commercial enterprise in that direction. The railway
company has despatched' two vessels from Liverpool to
Aspinwall, and are now, leading, the third ; but this is not
the province of the company, and if any respectable'
Liverpool firm would despatch vessels with any degree
of regularity they would be certain to find the speculation
a remunerative one.—Liverpool Albion.

LAW IN TELLI4ENC E.-Aug. 4.

VICE•CHANCELLORS' COURTS.
(13,,frra Vice• Chancellor Kinderaley.)

GAY V. PICCO, " THE BLIND SARDINIAN MINSTREL."
Mr. Denney (instructed by Mr. Hutchinson) of Bar-
nard's-inn) moved, on behalf of the ►plaintiff, Mr. John
Gay, of Hart•street, Bloomsbury-,quare, for an injunc-
tion to[restrain the c'efendant, Joseph Picchi, otherwise
Picco, "the Blind Sardinian Minstrel" (whose recent
wonderful performances on the whistle have caused con-
siderable sensation in London), from performing at any
theatre, or concert room, or at any public or private
party, or in any place whatsoever in the United King-
dom ; and that Antonio Poletti might be restrained
from interfering, without the consent of Mr. Gay, in
the direction and management of Picco until the further
order of the Court; the injunction being applied for

under these circumstances the month of December

last the plaiatiff, Mr. Gay, happened to witness the per-
formances of Picco at the Pagliano Theatre, Florence,
and believing him to be a man of uncommon musical
skill, made some inquiries about him, Finding that he
had contracted with Antonio Poletti and Gaetano Baga-

relli, professors of physico juggling, to play on the pipe
at their performances for a period of three years, and
that the adventure was not su successful as might have
been anticipated, and that they were in a distressed c in-
ditioo, he proposed to purchase Bagarell's interest in the
adventure, with the view of bringing Piece and Poletti,
who had the personal care of Picco, to England, where
his performances on the whistle might realise greater
profits. Bagarelli's interest was accordingly purchased
for 1301., and Mr. Gay became a partner with Poletti
in the contract for three years, and also in another
contract between Picco and Poletti for a further pe-
riod of six years, to commence at the expiration
of the other contract. Mr. Gay advanced to Po-
letti a sum of 5,000 francs, and also advanced the
expenses necessary for the removal of Picco and Poletti
and family to this country. Mr. Gay rented and fur-
nished the house, 33, Hart-street, Bloomsbury-square,
for their residence. Picco played under the direction of
Mr. Gay (who expended large sums in advertisements),
at Hanover-square-rooms, and at the Adelphi and St.
James's Theatres, with great success; but on the 11th
of June, Picco and Poletti and family departed from the
house, and refused to permit Mr. Gay any longer to in-
terfere in the management of the adventure. Picco
alleges that he is not bound by the contract, and now
performs in public independently of Mr. Gay's control.
The learned counsel submitted, however, that although
Piece was not actually a party to the instruments under
which Mr. Gay became the director of the adventure, he
had asseuted and ratified them, and had, until the 11th
of June, performed under the direction of Mr. Gay, with
whose direction, he expressed his entire satisfaction.
The Vice-Chancellor remarked that there was no evi-
dence that Picco bad entered into a written contract
with the plaintiff. Poletti had takt a IT in himse'f to
make the plaintiff Piece's master without Piece being a
party to the transaction. Could that be done? If
Picco were a horse or an ox it might. Picco swore in
his affidavit, in opposition to this motion, that whilst he
was in Italy his brother Angelo took care of him, but
that Angelo was sent away from him at the time of the
assignment of Bagarelli's interest to the plaintiff, and
that he, Piece, was now perfectly helpless in this coun-
try. P,Jietti, the juggler, had juggled away Angelo, and
there was not a single individual to take care of him.
Mr. Denney said his case was that Mr. Gay was made
the treasurer of the undertaking by virtue of the con-
tract into which he entered with Poletti. As treasurer
he had expended a considerable amount of money to-
wards making the adventure successful, and had made
remittances to Picco's parents in Italy, in conformity
with the terms of the contract between Poletti and
Picco. Picco had performed under Gay's directions,
and ought to be considered to be the servant of Gay.
The learned counsel referred to various cases, including
the well known case of Lumley v. Gye, add submitted
that an injunction ought to issuo, as a mere action at
law for damages against Poletti could not compensate
Mr. Gav for his expense and trouble.
Mr. G fierd (instructed by Mr. Lewis) appeared for
Piece, and reed an affidavit by the Rev. Fait di Bruno, of
Lincoln'esiun-fields, to the effect that Picco had fre-
quently complained to him that sufficient food and
elething had not be en furnished to him. He submitted
that no isjunction ought to issue, inasmuch as Picco
had never entered into any contract of any description
with Mr. Gay. It was alleged that Bagarelli had as-
signed his interest to Mr. Gay, but Bagarelli could do
nothing of the kind, because contracts involving Per.
sonal confidence were not assignable without the assent
of all parties to such contracts. He referred to the case
of Stevens m v. Bentley (1 Kay and Johnson's Reports)
and other analogous cases. Picco's brother, Angelo,
was a party to the contract between Picco, Poletti, and
Bagarelli, and Angelo ought to have been male a party
to the agreement between Mr. Gay and Poletti and
Bagarelli. Picco swore that he had not received pro-
per attendance from Mr. Gay. The case of Lumley v.
Gye did not apply to the present case, inasmuch as
there was a contract between Mr. Lumley and Madlle.
Wagner, and further she bound herself not to sing but
under his direction during the existence of the contract.
If an injunction were issued in this case, Picco would be
abs ilutely without remedy • against Mr. Gay, because
there was no contract between them.
Mr Denny, in reply, contended that Picco would
have a right to file a bill in this court against Poletti
and Gay to compel them specifically to perform the con-
tract between himself and Poletti ; and that, if so, Gay
also had a right to file a bill against Piece and Poletti
fur non-performance of the contract.
The Vice-Chancellor said this was a very Hovel and
mistaken applcalion. He would shortly dispose of the
motion for injunction against Po!etti (who, it is alleged,
has gone to Paris) by observing that he had not been
served with a notice of motion. With regard to the
motion for an injunction against Piece, he had to ob-
serve that Poletti, who had contracted with Piece and
Piece's parents and brothers to take care of him during
the existence of the contract, had taken upon himself to
o retract with Mr. Gay that he would oblige the blind
man Picco to follow Mr. Gay to any part of the world
that Mr. Gay might choose—in fact, to act as if he were
a horse in a mill. And such was the contract that Mr.
Gey asked the Court to compel Piece to perform. But
the truth was, that Picco could not be compelled to do
neything of the kind, for lee was no party to it. Even
if he were, the Court would hesitate much before it
would compel him to perform such a contract. The
learned counsellor the plaintiff had argued that Picco
would have a right to file a bill against Gay and Poletti
for the specific performance of the contract between him-
self and Poletti, and therefore Gay had a right to an
injunction against ; but the terms of the contract
were of such a nature that the Court could not at the
snit of Picco corny el its specific performance, for,
amongst ether things, it laid down in minute detail the
meat that was to be furnished by Poletti to Picco.
The motion was refused with costs as regarded Picco,
but no costs with regard to Paletti, as he did not ap-
pear.

PREROGATIVE COURT.
(Before Sir John D )(hon.)
HANLEY V. STACEY.

The facts of this testamentary case appeared in our
columns on the 29th of last mouth. The leaned judge
gave his decision this morning. It was a cause of prov-
ieg the last will of Thomas Eldridge, late of Bond-street,
Vauxhall, the suit being promoted by Mrs. Hanley, the
sister of the deceased, and only next of kin, against the
execstor named in the instrument. The ground of op.
position to the validity of the will was the alleged inca•
parity of Mr. Eidridge at the time it was executed—the
15. h uf December, 1853—and various instancy of in-
sane con luct had been placed in support of such opposi-
tion. On behalf of Mr. Stacey, however, proof had been
adduced to show that the testator was always treated as
a person of sound mind by his relatives iu matters of
business, and also, although his conduct was occasion-
ally eccentric, it was only from his intemperate habits,
and that he was never incapable from insanity. After
going carefully thron;h the whole case, the court was of
opinion that the wilt must be pronounced for a.; the act
Lf a capable testator.

AWL' g INTELLIGENCE.

OXFORD CIRCUIT.-GLOUCESTER, AUG. 4,

The commission for the county of Gloucester was
opened on SaturdAy last with the usual formalities. Mr.
Baron Alderson and Mr. Justice Wightman yesterday
attended divine service at the Cathedral. The business
of the assizes began this morning in both- court.; soon
aften ten o'clock, Mr. Baron Alderson presiding in the
civil court and Mr. Justice Wightman in the criminal
court.

The cause list contains an entry of 16 causes (including
one for the city), four of which are marked for special
juriev.
The calendar for the county contains a list of 32 pri-
soners, two of whom are charged with wilful murder.
The calendar for Bristol contains a list of four prisoners,
and that for the city of Gloucester one prisoner. Tile
offences charged iu the several calendars are for the
most part of a very light character, nearly half of them
being simple larceny.
CIVIL COURT.—(Before Mr. Baron Alderson and a
Common Jury.)
_ _ _ _

Nearly the whole of the day was occupied by the trial
of an action for the price of some hops.
CRIMINAL COIIIIT.—(Beforo Mr. Justice Wightmar.)
William James, aged 46, a farmer, was charged with
forging a receipt for 51. lle., with intent to defraud ;
and also with uttering the same, with the like intent, at
Cheltenham, on the 18th of June.
Mr. W. R. Cooke appeared for the prosecution ; Mr.
Sergeant Thomas defended the prisoner.
It appeared that the prisoner, who was a farmer, had
become surety for a person who had obtained a loan of
about 101. from the Cheltenham and Gloucestershire Loan
Society. Some payments, with interest, had been made,
b it in the month of February last a balance of 51. is. 31.
was remaining due. The matter was then put into the
hands of a Cheltenham solicitor, named Town, and, a
plaint being made in the County Court for the recovery
of the amount, the prisoner was summoned to appear on
the 20th of Feb. In the meantime—viz., on the 15th of
Feb.—he called on Town, and paid him the balance de.
manded, together with the costs, making in all 51. his
At the same time Town gave the prisoner a receipt fur
the 51. lls, on account of the debt and costs, but de•
manded a t additional slim of 15s. in respect of his "at-
tendance. • the rules of practice of the County Courts
it appears t,.tat if the debt and costs endorsed on he
summonses are paid "five clear days" before the hear-
kV, the attorney is not entitled to his fee of 15s.
"f a- attendance, ' bat in the present ease the prisoner
had delayed payment a few hours beyond the 14th, and
so bad become, in strictness of law, liable to pay tae
attorney 15s. for attendance, though it was never to take
place. Town therefore insisted on his right, and even-
tually sued the prisoner in the County Court, and reeo.