The Sun.
London, England, 1869-05-26 00:00:00

THE TICHBOR2'E BARONETCY CASE,

Another feature in this remarkable case carne before
Lord Penzance in the Probate Court on Tuesday. Dr.
Deane, Q.C., on behalf of a creditor, moved to appoint an
administrator pendente lite. The learned counsel said that
Lady Tichborne died on the 20th March, 1868, and the
question which bad arisen in another cause
was whether the son should administer the estate.
The Court of Chancery had appointed a receiver,
but he was not authorised to disburse sums of money, and
on account of this creditors could not obtain their money.
He, therefore, asked that Mr. Humphreys, who had been
appointed receiver by Chancery, should be appointed
administrator by this court. The learned counsel sub-
mitted that this course being adopted, the estate would
not be prejudiced, as the debts would have to be paid
some time.
Dr. Swabey, counsel for the plaintiff in the other cause
referred to, said he did not object to an administrator
being appointed ; but it was usual to refer such matters
to the registrar, who appointed a third person not objected
.
appointed at the instance of the defendant ; so, of course.
he (Dr. Swabey) objected to him.
The Solicitor-General, Q.C., opposed the motion. The
receiver appointed by the Court of Chancery had specific
instructions how he was to act. Another point was that the
Court of Chancery bad ordered payment of the funeral
expenses of Lady Tichborne out of the estate. That
could not be termed a personal debt, so that a fortiori
they would be able to order the payment of really personal
liabilities. The learned gentleman also referred to the
actions which were pending, and pointed out that the
costs in Chancery took precedence of the costs in a cause
in the Probate Court.

The Judge Ordinary said that the material question
was whether this court should arm a man with double
powers. He fully saw the difficulty of appointing two
receivers, one from this court and one from Chancery, as
people would not know who to pay the money to.
Dr. Deane thought that funeral expenses were different
to ordinary debts.

Lord Penzance said that on the face of it it seemed
unjust that a creditor, say of £lOO, should be unable to
obtain his money when there was a large estate ; but the
great question in his mind was whether the court had ever
granted administration at the instance of anyone not a
party directly interested in the will. He was of
opinion that the power sought far should be
obtained from the Court of Chancery, who had
given authority for the estate to be collected.
Under these circumstances, at present he should refuse the
appointment of Dr. Deane, but if the Court of Chancery
said they desired that he should appoint an administrator,
he should be most happy to do so.

The Western Daily Press says :—" The name of
an illustrious personage will be mentioned in association
with the co-respondents in the divorce case of Sir Charles
Mordaunt, but there is good reason to believe that the lady's
self-accusings wore the result of mental excitement, and
have no other foundation."

Another strike, this time of non-union men, has
occurred at the Denaby Main colliery. The non-unionists,
who bad been'engaged by the proprietors, have ceased to
Work in consequence of an attempt to make a change in the
system of payment, which the men regarded as equivalent to
a reduction of wages. The men on strike are endeavouring
to obtain admission to the Union, and to obtain help from
the association while they are unemployed.

THE KNIFE IN BELFAST. —On Saturday even-
ing two boys disputed on the lawn of the Botanic
Gazdens, when one of them stabbed the other in the arm
with a knife. The police were called upon, and they took
the wounded boy to the General Hospital. The boy who
used the knife has not yet been arrested. The affray
caused considerable commotion, and it was tmno,,,,d that
the boy was killed. The wound is not dangerous. This is
the only casualty mentioned in connection with the great
Protestant demonstration ; whether this was a party
quarrel is not yet ascertained.

THE REPRES ENTA TION OF NEWCASTLE. —The
Shields Daily News gives the following :—" The hon. mem-
ber for Newcastle, Mr. Joseph Cowen, M.P., is likely to
retire soon in favour of his son, Mr. John Anthony Cowan,
or Mr. Hugh Taylor, of Chipchase. Mr. Cowen is getting
old, and, although enjoyipg pretty fair health, is anxious
to lead a more quiet life. His son, Mr. Joseph CoWen,
jun., is now laid up, and enjoys bad health, so that his
becond son or Mr. Taylor are likely to come forward. Mr.
Hammond will again come forward, although the Conser-
vative party will have a man ready of their own choice."

ANOTHER FENIAN ARRESTED.—A young man
named Patrick Joyce, a national school teacher, aged
about 24 years, and residing at a place called Cushalagart,
within about three miles of Westport, has been arrested in
that town under the following circumstances was the
fair day of that town, and it appears the prisoner was
considerably under the influence of drink in the even-
ing, and was standing with his back up to a confec-
tioner's window. His unsteady attitude in this rather
delicate situation attracted the attention of the police,
when one of them desired him to " move on," which he
several times refused to do, when Constable Macgetigan,
of the Westport Quay, considered it his duty to arrest
him, and had him brought to the Westport Barracks, where
he was searched, when some suspicious documents were
found in his possession, purporting to be the Fenian oath
(in writing). Joyce was brought before a magistrate for
examination, and was lodged in Castlebar Gaol.
SERIOUS CHARGE AGAINST AN ENGLISH'CAPTAIN.
—On April 21 the French ship Bretagne from Buenos
Ayres to Bordeaux was run into off the coast of Brazil by
the English iron ship Explorer, bound for Melbourne, and
as the English vessel was going at a speed of nine knots
an hour, and the French at six, the shock was terrible,
and the latter foundered in a few minutes. Meantime,
the captain, who had his wife on board, launched the long
boat, which was found incapable of containing the
number of persons who crowded in it, and was
almost immediately capsized. The crew, therefore,
were left to struggle in the open sea with nothing
but a few beams and planks to grasp, and after an agony
of nearly an hour the captain, who had exhausted himself
in suipnneoorteisigngehinisg
herwife
toin
thethe
carewa oterf, resignedsom eof himselfntowhhios
fate
were seen clinging to the keel of the capsized boat. All
this time the English ship had continued her course with-
out paying any attention to the cries for assistance, but
having also received some damage, was obliged to lie-to to
repair. The shipwrecked mariners perceiving this deten.
tion managed to reach the vessel, and were reccivedby the
captain, but with a bad grace. He then sailed for Bahia,
but on arriving in sight of that. port, fearing that corn.
plaints of his conduct would be made and that he might
be detained, made the persons whom he had picked up get
into a boat and abandoned them, proceeding on his voyage.
They reached the land at six o'clock, having left the Ex.
plorer at two, and immediately waited upon the French
consul and made their report.
MAY MEETING'S.—After an interval, the May
meetings seem suddenly to have arisen again. Three
were held on Tuesday. The tenth anniversary of the
London City Missions was held. It appeared from the
report that the number of missionaries labouring within
the City boundaries during the past year has been
fourteen, and towards the support of that reduced
number of the society's agents the auxiliary
mis-
sionary. has
The National Temperance League
received £845 175., being a little over 60 abe
ld
a convolazione. About 1,000 attended. Large
lections of works of art were exhibited, and somephoetool-.
graphs of the East were lent by Dean Stanley.—The
annual mhlaeelsltt.iint
egat,oohfec
hlthelrtgisreue leave
mar supporters ewr shaoslo,cfi
holden
crowded.
lof.
dnu
egtdeh.se forsoa same
the
etYhe .deh—epoylml 'ahieten..
including the
flleoismetaenrtdhere was a choir of 600 children,
sailor boys in their uniforms from the training ship
Chichester. The report stated that since the commence.
meat of the work in 1843 there had been nothing but
ec
ro
progress and success. The Refuge work was
4family
o boys
oy nows a uttp d
under
112nn de thergirls. the care
largest of its kind in London, upwards ofsoonow the
committee iettaeovefbetfhygoere
and girls
ep
o bt.
consists
tehomeirmistttlp siineg
Ttsh ofdependenteo
weekly number in the Refuge during 1868 was 147. Of
the 369 admitted in 1868, 216 had been sent to the
training-
ship Chichester, which continued to be an inviluableotsp;
let for a large number of the boys sent to the Refuge , 22
boys emigrated during the year, of whom 18 were sent. to
Canada. The accounts received by the committee as to
the conduct of former emigrants were very encourassing,: I