The Sun.
London, England, 1860-05-01 00:00:00

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No. 21,143.

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THE . SUN: 'LCVSIION, TUESDAY EVENING,

MAY-

-~-"~=

1, 1860.

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P ÜBLICATIONS.°

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' seamen (always, a minority) will join the reserve at
all. There is not the least doubt but that if the
. .
rhen received their' bounty in proportion. as they
completed a quarter's or six months' drill it would'
lie easy to raise a reserve of 8,000 or even 10,006
men within a very Short space of time. Another
eause.which acts as
.a great check in the men join-
;i g is, to use the mildest term, the spirit of dissatis-
ction, which it is now useless attempting to con-
eal, ttifortunately preyails among the seamen of
he. Royal Navy on the question of leave ashore.
ease; ii'rfuet, is a mere term now, which means
verything or nothisg, according to- the
,Atudue . of , the captain or port admiral in
hose jurisdiction the ship may chance to anchor,
here is a rule for every possible emergency in. the
eriice. but one: and that is "leave" ashore.- A,
uadron comes into harbour and one captain giKes
whOle 'watch, 48 hours' leave, while the captain of
'e next ship only gives-12 or 15 per cent. of his
sick 24: hours' leave. Some then grumble; some
io worse, and arelea.vily punished, while the ealS-
;sins or-admirals who have given rise to the whole
point triumphantly
racas to the " spirit of insubor-
iination" azi an 'excuse fol. further severities.
Every- well:conducted sailor should have as much
I.
right to a eertain-ainonnt of leave ashore as he has
to bis giog, and until semi decisive rule is laid down
,Ag this point we must always fear a repetition 'of
the scenes which occurred on board the Princess
Royal, and lately in the Edgar, and to have the
ravel service more or less discontented within and
unpopular without.

„
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-Furnished, THRHE DED ROOMS; a Sitting
anti use,pf a Kitchen, _near healthy village twelVe"miles
froth London. Stands in a very _extensive garden
and is dose to Bushy Park, at an easy dist nec from two
statiOni..*Oninibuses b.,s&Within a few Minutes' VyslklOatid
from London, and .the stations several times dAring, tin
To thoSe Seeking rural retirement and quiet comfort. This ad-
vertisement offers unusual -advantages. Address, M. _E.,
Hampton Wick, Middlesex. -

• •
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THE OLD- CO-URT SUBURB.
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Hurst and Blackett, 13; Great Yarlborough-street.. •

orders for what is,ternwd a "drum-head court-Mar-
tial" to immediately assemble on the parade-ground,
when the officers who were selected to form the
court-martial sentenced the_ prisoner.to receive 50
lashes. The entire battalion then proceeded to the.
rear of the barracks;and,"the prisoner having been
stripped and fastened tole triangles, the full num-
ber of lashes was inflicted; the prisoner bearing his
punishment without uttering a word of complaint.
Or.-being released from the halberds he was re-
moved to Melville 'Hospital, and as soon as he is
able to leave that establishment will be sent to Fort
Clarence to undergolhe first portion of his sentence.
Ccl. Rca afterwardS assembled the division, and,
addressing the Men itynnergetie langulge, stated it
to be his determination to suppress' the slightest
symptouis of insubordinalien, and in nil breaches of
military discipline to catry`out the law. The in-•
fiction of corporal RupiShment is exceedingly rare
in the Chatham division of Royal Marines.
Yesterday Mornini the sentence of the general
court-martial held -at 'Chatham on privates Henry
Cartlidge and John Sullivan was promulgated to
the corps of Royal Marines, having been approved
by the Lords of tho' Admiralty. .The prisoner
Cartlidge was tried-for-havins assisted in rescuing
a prisoner from the eustrit*of the garrison picket
in. High-street, Chtlitattilt*id:for -having., when
a priainer, strtteld-k '044-`'ts:4ololtlT . tiiba,glted
Sergeant Or-"liiiiiittrlnetiegrtnent, who had
given evidence against him. The offences for
which private John Sullivan was tried were those of
having cut off the buttons from his jacket during
the time he was a prisoner in the cells, of having
struck Serg. G. Knott, 73d Regiment, and of having
behaved with gross disrespect to Captain Nepean,
Royal Marines, on the occasion of that officer visit-
ing him in the cells. Both the prisoners are men of
exceedingly depraved character, and have bemuse-
veraal times tried by court-martial. In consequence
of their threats and the general violence of their
character it required 12 Marines to convey them
from the guard-house to the court-martial room and
during the time of their trial they were handcuffed
and in charge of a double escort. They also treated
the Court with great contempt. The Court sen-
tenced Cartlidge to be kept in penal servitude for 14
years, and Sullivan to be kept in penal servitude for
6 years, in addition to which they will be both dis-
missed her Majesty's service.

METROPOLITAN, COUNTIES,' ANI)
GENERAL LIFE ASSURANCE SOCIETY.
27, Regent-street, Waterloo-place, London, S.W.
Life Assurance, Annuities,Endowments acid Loans. -
F. FERGUSON CA3IROUX, Manager.

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COLONNA and other POEMS.. By GERARD
LEIGH.
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.14.,
ACAULAY, his , LIFE .and LITERARY
LABOURS, With Anecdotes Gillis Early' Writingi.
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and;all•Booksellers.

Jastpublished, Bvo, in cloth,. price 55., by post freer ss: 64.,
(IN THE SUCCESSFUL TREATMENT .
V STRICTURES of the URETHRA; showing-why
so often appear Incurable, when in reality they' might be
removed by the most simple means.
By P. B. COURTENAY, M.R.G.5.E.,, - • • •
And formerly Surgeon to the Metropolitan ,Infirmary for the
Cure of Strictures of the Urethra; ' • -
" This work is the production of a surgeon 'whose special
attention has been directed, through a long. protessicatal life,:
to the treatment of strictures of the urethra.- The. cases
which Mr. Courtenay has given supply ample evidehee 'Ohio
great discriminative plower in the diagnosi* Of= thavariottc.
kinds of stricture, and ot the scientific principles . upim whieh
their management is founded. By his systematic manigenient
an immense mitigation of pain to the unhappy sufferers is •
attained, and future mischief prevented. The tWork.ive:tin'
Most unreservedly and- confidently recommend awa Viattable=‘
'contribution, both to the general and professional reader, and"
ought to be found in the private study of all who are subject
to stricture."—Medical Circular, Dec. Ist, 1858.
London: H. Bailliere, 219, Regent-street.

.144 pages, 70 Engravings, post free 2 stamps.
COMMON SENSE in a NUTSHELL; or,
Every Man his own Doctor. The ME DICAL ADVISER,
containing rules, prescriptions, &c., for the speedy cure, by
very simple means, of Spermatorrhma, and all the more com-
mon diseases of the urino-genital system, which, from neglect
or improper treatment, too often result in Pains in the Back,
Gravel, Nervousness, Exhaustion, and Incapacity. Sent post-
free for two Stamps, by Dr. DE Roos, 10, Berners-street,
Oxford-street, IV.

One most important feature in favour of the
Naval Reserve is that some of the seamen's unions
in the north have, through their delegates, now
warmly taken up its cause, and are forward in ad-
vocating its claims upon the support of the men.
Such aid on the part of the most provident and
careful body of seamen in the country, is of course
most important, and will soon yield good results.
Masters of vessels also give a decided preference to
reserve men, as naturally the most steady and best
trained, and this also is slowly though surely pro-
ducing its effect. If the Government were only
bold enough and liberal enough to take one step
more and pay the able seamen in the navy at the
same rate which they now receive in the merchant
service, we should hear of no more difficulties as to
want of seamen. This increase would add only
£140,000 a-year to the estimates—a small sum for
so great a good.

TILE CWILTIRCIAL TREATY.

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A man struggling between two adverse influences
has always been a favourite subject with painters
and sculptors, and poets and novelists; If any great
genius should just now be contemplating something
in the genre of Garrick between tragedy and comedy,
or Telemachus between Mentor and Calypso,
we beg to recommend as a practical and modern
idea in the same line Napoleon 111. between Free
Trade and Protection. Let M. John Dollfus, Pre-
sident of the Commercial Reform Association, pluck
gently at the hem of the Imperial garment on one
side, pointing to a row of extinct furnaces, a quan-
tity of abandoned looms, little knots of commercial
gentlemen, with their ledgers lying closed before
them, and to a crowd of hungry conzmis-voyageurs,
all out at elbows, and let him say, or seem to say,
sadly, " These are the effects of delay." Let the
President of the Chamber of Commerce be repre-
sented as clasping the Imperial knees ; at his back
let there be crowds of hungry workmen, and on the
floor beside him a copy of the Moniteur Industriel,
with long lists of bankrupts, tariffs of high prices
for bread and low prices for hardware, and pottery,
and cotton goods ; and let him say, or seem to say,
" These are the effects of precipitation." The ex-
pression of the Imperial countenance we must leave
to the discretion of the artist. Whether it should
be puzzled and irresolute, stern and indifferent, or
shrewd and triumphant, will depend upon hor
-much he may know of what has been done, ate:how far hp May be able, to calculate what will be
the `effect "-of -what has been done. Some Such
tableau as this would have the truth if not the dig-
nity of an historical picture, and would shadow
forth simply circumstances which have required
several of our columns for their due announcement.
If there be any Englishman who places the chief
luxury of life in daily libations of the sourest
French wine, and who at the same time pays no
income-tas, lct that gentleman stand furw.,rd and
sing the praises of the Cobden Treaty. We know
of no person otherwise placed who can greet it with
unconditional encomium. We all admit that it
has its good points, and that, upon the whole, its
good overbalances its evil. But then its evils are so
great, and they are so unnecessary. They do not,
for the most part, exist for any one's good. They
might have been so easily avoided. It is so vexing
to think that they are the results of nothing but
the ignorance of the contracting parties as to the
interests of their respective principals. Here is
the Emperor of the French straining his anxious
mind to obtain for his subjects some easy inclined
plane down which they might slide gently into the
sure groove of free trade; but, unhappily, not hav-
ing had the same practical experience of commer-
cial transactions which his predecessor on the
throne enjoyed, he has done harm where he was
endeavouring to do gool. To avoid harrowing the
feelings of his subjects, and to save them from sud-
den consternation, he has fixed a distant date for
his commercial millennium. The consequence is
that he has stopped all the commerce of France.
Every one is looking forward to that millennium,
for good or for evil, that is to be the rule of all fu-
ture commercial transactions. It never occurred to
the Emperor that no one will buy to-day what he
is promised a great deal cheaper a few months
hence. Every man will wait, economise, make
shift with old supplies, suffer any temporary in-
convenience, rather than pay more than will shortly
be its price for the article he wants. The Commer-
cial Re :orm Association declares openly that this
benevolent imperial plan has had no other effect
than "to paralyse consumption and labour," and it
calls upon all the chambers of commerce " to unite
their efforts to demand of the Government to
abridge these delays in the double interest of the
producer and consumer." Thus we see it is the
French, and Rot the English, who are calling aloud
for the removal of that special stipulation for delay
which the Emperor introduced for their intended
advantage. With the best intentions in the world,
he is ruining his own manufacturers by his cruel
kindness.

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lie' al business lic,sfetoto-bed0ne,..,7.1t has jo-beAlonp,
also; amid of the: ititOests- Wetted; Xs
iII be `seen' extracts: tve toidak, publish-
. fk-om tile Ittoz2itettr int14.4114.1..,.t1icYr0W4
t?urors, wliofi.d,_theyhaeseeure4. a. 1;1.2er cent.
i)n Stead Ofbiay.a- 30 per'bent: r;Oteitlin are
armfO to-TTiregetke::their iltihopekroi gedd•Jortu no..
The French .pnikermakers are- no less jealous and
ten-4'6015. Everything the Ymperer. nToSiv -deckle
iietneily.the mistakes made brthe'Enp,liish negotisa-
,
tors will have to be dorie under thci,difficulty:Pf,f9p-7,
posing, petitions. lie must do, it,fer big own •sake;',.
and fbr the sake of France. If, be.Wonldgive th`c
French consumer any advantig6
he must rectify its blunders, but it-144.zi becll-nYuch
better if the proper information had been brought.
to, the task in the first instance. A CerrtmitSiori has,.
however, no* been appointed;consisfingW;Messfi.
Cobden, Ogilvy, aud.flnliet, to revise these obvious
errors, and to do. new what Ought to have been-diiee
before the '4.estty was concluded: ' We hip& thiS
Commission,- acting is' it will, in: the fulndsiof „in-
formation, may reduce this Treaty_to, good 14'7,
'k-
ing System, which will 'alike 'satisfy'the...ilei4 of
those who originated it, and the legitimate inteiceSti
of those who. will have. _to • dondUtt- their business
under its stipulations.-,

So on our side of the bargain the same unhappy
consequences have arisen, and they have arisen
from the same cause—ignorance of commercial
details. It may sound very presumptuous to non-
commercial people for us to intimate that Mr. Cob-
den is capable of making a mistake in commercial
matters ; and we know it will be held rank blas-
phemy by any mob that may get together in any
Free-trade Hall to suggest that Mr. Cobden could
ever be mistaken upon any subject whatever. But
BO it is. With the very best intentions, Mr. Cobden
has shown a lamentable ignorance of the interests
with which he was dealing. We by no means at-
tribute this to him as a fault. It could not have
happened otherwise. We should search in vain
throughout England for a man who has an inti-
mate knowledge of the details of every branch of
English commerce. Mr. Cobden is oue of the last
men in whom we ought to expect such an universal
knowledge. He has been dealing with great prin-
ciples all his life. His career has been one war of
extermination against all imposts and all Custom-
houses. You might as well set Mr. Mechi to breed
wild rabbits as commission Mr. Cobden to decide
upon the most expedient form of an import duty.
However, he was set to do it, and he has done it;
and he has done it in such a way that the Bradford
Chamber of Commerce finds he has hopelessly ex-
cluded all our English worsted manufactures from
the French markets. He has consented to the fixed
duty being calculated upon the prices that ruled
during the last six months, not knowing that these
prices have been Et) exceptionally high that an ave-
rage of them will give a duty of at least 50 per
cent. not only upon present prices, but also upon
any prices at all likely to be obtained in future. It
is the same in the cotton trade; and. even Man-
chester is repudiating the bargain made for it by
its own apostle. In the same way, Mr. Cobden un-
fortunately knew nothing of the prohibition upon
the export of rags, and of the effect of this prohi-
bition upon the prices of paper. Had he known
better he would, of course, have stipulated for a
fair average of prices as the basis of the fixed duties,
and for the free export of rags in return for the
free import of paper. It was not Mr. Cobden's fault
that he did not know these things, but his want of
knowledge has occasioned all those vexatious diffi-
culties which are the bad points of his treaty.
The result of all this half-information is that the

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LA TV /...271.E.LlibE)VC,E,L,-tipii:7 30. •

COURT OF DIVORCB.": - :
' (Before: Sir:CresslieT absorb% Mr. Justice Hip,
d Ai
anr. Jusgee : W 4105,):
ALEXANDER V. ALEXANDER AND Alt'ioS.
This case was before the Court in November last,
when after evidence had been produced in support
of the allegations contained in the petition, their
lordships allowed the further hearing to stand over
in order that additional testimony might be brought
for their satisfaction.
This was a suit instituted by Mr. Samuel Alex-
ander against his wife Rebecca, on the ground of
her adultery with Frank Amos. The facts of the

case were as follows :—The petitioner married the
respondent at St. George's, Hanover-square, on Jan.
31, 1838, the lady being of great beauty, bat of
o together
. .meAe
son
neehrr
ofak na i ,
and
afi effbnraedi
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ekrl
naesttrtt aepatraitl orynt
Is
in
o ofwjh
eEie
err
England,
egh.
yul
a. s I
inb
dhalin,e
Towards
fc
tawoeri
rhidawosbawi
trt
head
dess
in n
end of last year they were living in Bewley Bay,
Jersey, when, according to the allegations in the
petition, it was discovered that Mrs. Alexander had
committed adultery with Amos, who was in her
husband's service as groom. There were four chil-
dren born of the marriage.
A witness, named Sullivan, who had been in Mr.
Alexander's service, deposed that about a month
after Amos came he saw Mrs. Alexander in the
dairy crying and saying she wished she was dead,
because she was in love ; and subsequently he saw
her in the groom's bedroom with Amos, who blew
out the candle, upon which witness, who was watch-
ing in the yard, threw some gravel up at the win-
dow. He afterwards told his mistress he should
inform his master of her conduct, when she struck
him, and Amos beat him also. On other occasions
he had seen Mrs. Alexander kiss the groom and
come out of his bedchamber.

On cross-examination by the Court,
Sullivan said he threw sand at the window be-
cause he could not reach it with his hand. The
window was not down to the floor, but the bed
was close to it. The first time he said anything
about the matter was after he had seen the
parties together in the wash-house. Mr. Alexander
used to be away occasionally in town, and the
daughters were absent with him, when the re-
spondent carried on an intimacy with Amos. The
reason he told his master was because he pitied the
children, and had been led to believe that Amos
was about to go to America with his mistress.
After he had made this disclosure he was turned
away from his situation by Mrs. Alexander.
This witness, who gave his evidence in a very
confused manner, occasionally contradicted himself.
A housemaid in the service of the parties also de-
posed to the existence of an undue intimacy between
her mistress and Amos. She had seen them in the
bedroom together, and noticed her sitting on his
knee and kissing him. Her mistress went away
from the house about three weeks after Amos left,
d nog Usz iT4p3,411.11.er m other— .317-_he n. wit-_.
nett Arai to4dtheTinfister.Aat,s6
served' that t 4atliebt'tifannt, Ve*totilit
•
not have -The' witness's testimony-was full ,of
contradictions, and on cross-examination her evi-
dence altogether broke down.

The Judge Ordinary delivered the judgment of
the Court. The case was in some respects a re-
markable one. The husband imputed to the wife
that she had committed adultery with a groom
named Amos. It seemed that Mrs. Alexander
was of humble or iglu as compared to the peti-
tioner, but the parties had lived together for many
years, and there we're several children of the
marriage. They had lived always under the dis-
pleasure of the husband's family in consequence of
the connexion, and six years ago an attempt was
made to effect a separation, which, however, the
wife would not agree to. During the whole of this
time there was nothing to excite the slightest suspi-
cion
as to the purity and chastity of her conduct.
The Court therefore started with the assumption
that Mrs. Alexander had up to a recent period con-
ducted herself in a manner which nobody could find
fault with. This being so, they were called upon by
the petitioner to suppose that this lady had condes-
cended to disgrace herself with a groom, who had
been only two months in her husband's service,
and had behaved with so little regard to decency
as to indulge in familiarities with him in open day,
and in the presence of other parties. There might
be such cases—there might be a passion approach-
ing to insanity, under which a woman might be lost
to all sense of shame and decency, but there was no
evidence of that sort in the present case. The
Court, after a careful review of the case, thought
there was something so unreasonable, extraordinary,
and altogether improbable and contradictory in the
story told by the witnesses, that it could not for a
moment believe it. Certainly no woman's character
would be safe if it could be destroyed upon such
evidence as. this. Their lordships were not satis-
fied that the case of the petitioner was proved,
and, therefore, they felt bound to dismiss the peti-.
tion,

COURT OF COMMON PLEAS.
Sittings at Nisi Prius in London.—(Before Mr.
Justice Williams and a Common Jury.)
ALLAN V. MASON.-SEDUCTION.

This was an action to recover damages for the
seduction of the plaintiff's daughter, and the de-
fendant pleaded that he was not guilty, and that
the daughter was not in the service of the plaintiff.
Mr. Sergeant Shee stated that the plaintiff, Mrs.
Eliza Allan, was the widow of a baker who formerly
carried on business in a very respectable manner at
Westminster. About eight years ago he died, leav-
ing her with several children, and among them her
daughter Ellen, whose misfortune was now the
subject of inquiry. About six years and a half ago
the plaintiff went to reside at Plumstead, and hav-
ing some little property the, with assistance from
her sons, lived in some degree of comfort and re
spectability. In 1854 Ellen made the acquaintance
of the defendant Henry George Mason, 'who was
then 24 years of age, and was the son of a respec-
table upholsterer and undertaker at Plumstead.
The defendant was then collector of taxes and
shortly afterwards he was appointed churchwarden.
Soon after the acquaintance commenced the de-
fendant proposed marriage. This offer was ac-
cepted. After the courtship had continued some
years, nothing having occurred to induce the young
woman or her mother to suppose that the defendant
had any but the most honourable intentions, he
induced Miss Allan to go to a tavern at Shooter's-
hill and there effected her ruin. He afterwards
admitted his conduct to her mother, and promised
to marry the girl without delay. H© consented to
the banns being published, but put off the perform-
ance of his promise on var;ous pretences till a child
was born, and then he positively refused to perform
his engagement.
Mrs. Eliza Allan--I am the plaintiff. I have 10
children, of whom three are daughters. The de"-
fendant made the acquaintance of my daughter a
year after I went to Plumstead, and he continued
his visits clown to 1858. In 1839 my daughter
was living with me, and assisted in the household
Work, and she also worked for wages at needlework.
In August, 1859, one of my daughters, Mrs. Dur-
ridge, made a communication to me, and in conic-
quence T wrote to the defendant asking him to conic
and see me, and he came the next day. I told him
I was very much surprised at his conduct, as I had
always considered him a very honourable man. He
said he was very sorry, it was all his fault, that
my daughter was not to blame, that he had very
great respect for her, he would do all in his power
to repair the wrong, and that ho would marry her.
He seemed rather depressed as though it was not
convenient to marry then ; and I said if it were
any convenience to him she could remain with me
till he could make a home for her. He said I had
removed all difficulty, and he would go and see my
daughter and arrange with her. My daughter was

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It is reported that the Government have signified
their willingness to negotiate for the Grcat Eastern to tako
out the telegraph cable about to be laid between Singapore
and Itangoon—an opportunity which it is presumed the di-
rectors will be glad to seize on any reasonable terms.
Eo
fR NERVOUS
present
r eGs
e0n1;
havea pt .
aHstairlimltoorne,li a lfr
oAtheNr
extra-
ordinary proof of the force of mouraise honk. lie was ap-
pointed governor of some foreign settlement—Newfound-
land, I think. During the vpyage he often talked of the
ELllONrd°llEriotC,
embarrassments of such a situation, and how painful it
would be to him to have a concourse of people perpetually
about him, and to be so marked an object as he must be
whenever he stirred out. All this lay very heavy on his
mind : however he endeavoured to shake off his apprehen-
asniodnsaadwurtihngintrhnlevdv7iapgeeo;pbleurteNavdh3e,
litoirleecceaimveehniemar, at! ere, shored
their huzzas, it entirely overcame him, and he retired into
his cabin and shot himself.—Life of _Edmund Malone.
[ADVERTISEMENT-]-1)11 Barry's delicious Revalenta
Arabica Food savestimes its - •
50
cures indigestion (dyspepsia), habitual constipation, ner-
vousness, biliousness, and liver complaints, flatulency, dis-
tension, acidity, heartburn, palpitation, nervous headaches,
hysteria, neuralgia, noises in the head and cars, pains in
the pit of the stomach taut between the shoulders, ei
'US, eruptions of the skin, impurities and poverty of the
blood, scrofula, cough, asthma, consumption, dropv,
nudism, gout ; nausea anal sickness (luring pi eguaney,
aflear eating, or at sea; low spirits, spasms, cramp.;, epi-
leptic fits, spleen, general debility, inquietude, sieeptes,ncss,
irritability, paralysis, tremors, dislike to society, unfitness
for study, loss of memory, delusions, vertigo, blood to the
head, exhaustion, nielancnoly, groundless fear, indecision,
wretchedness. It is, moreover, the ba-t foal for inl: Is
and invalids generally, as it never acid en no
weakest stomach, nor interferes with a good liberal
diet, but imparts a healthy relish for lunch and
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vous and muscular energy to the utost enfeebled.
En tins, at Is. 6d.; lib., 3s. ; 21b., ss. 9d.; 51b., 125.; 121 b.,
265. The 101 b. and 121 b. tins carriage free, on receipt of post-
office order. Du Earry and Co., 77, Regent-street, London;
Fortnum, Mason, and Co., 182 Piccadilly; A bhis,. 60,
Gracechurch-street ; 4, Cheapside ; 63, and 150, Oxford-
street; 330 and 451, Strand ; 49 and 60, Bishopsgato•
street ; 85, Tottenham-court-road. Also at Dublin,
Bewley .'and Draper ; at Edinburgh, Raimes and Cc.;
at Liverpool, Nixon and Thew ; at Manchester, Sharp an,:
Scott; at York, Raimes, Blanchard, and_Co..; at;Soutk
ampton, Randal laud Bon

staying with Mrs. Banal
sevOirtg end saw thealefen. ilit4...
l7name the day, and he said it was,,
~al.. . to
dy to-latt4- the day... I said_ in such.a.ca.selns-th is
his, day, 'be 'be, her day, i •
_llThen he left•ls-0 mild he
88
e:ru.4ll:liig:cfsthaili`edP:--a,nilltlirettacyr:-°A-41457;ximilebi'liii-st4i;lit:Sti:O:Sthelit'-6-",it3:llt-aiti,vltiolel:.::
.11819:ii.n? g' Isent
Mondaysf9i.' atillotelliMe tfito4l:l-lioikiulitni;ig'S°a'stiii)i-citalyi-e, 2'-'
roV: 12,-she was confiiiir -78Trie-elheiil she.thaavr
been
elicate health, and in consequence
eliged to keep a servantlarrittend on the child
na to do the wer4.hich ..TV . ,'dituOter_ had _done
. . .
.revimisly.
v 1 Cross-examined-a-My daughter-jai-low Ott. She.
riiiAltr-s".T Bilrridko :had: carriedieretee'er:si 'p -I • -
_._ ie nine
wle,s.s_legetber at IVestminster. The-dFre, nirifit lire sts
ith his father, and no establishment of ,bise
. .
•Wc m. The father is considered to -be a man- of pro-
pertj•-ahre 'fag a,very laege:besines.g in inakini;:cofs -, 1
.4.,11k. llawkinS—That -Is 'it - lively 'businese, es.pe-'4e'
. , .
igiailys as Plumstead.is a very healtiey ,plece. -,,, ; ~ ..
JlliSsF,llen Allan-sI ran thealhieghter of thieinet: - '.
witsies:s... ' I always consideieLniss.4ll.ns';43-ii _to '..-
the defendant. He visited me ,from 1841.0 I. -... ' .
at my mother's. In Fcbeuary, 1859, he Seelasseetee
at a house. at Shooter's-hill La child way ~s in .
Novembers - On the kith Sept: the defendant said `
he had, seen mether., and Male -all:arrangements, '. -
and that. he meant: to; marry me' assoon as hecould...
Ile. afterwards arranged With-Me for the prA,lica-
tione of, the banns, and ahoy were-published three
times atiVeStiniestere , .He had desired me to ge to
`the:Pa:if* elirk; In several conversations before
the child Wits bOrn. he said he meant to marry me,
but Tut.. it Off,..•T He never: -positively declined. to
Marry Ines ' - -.:' . ' '" ; • ,'' I ••
• , - . . .. .
Miss Jesse.Aliana--I am a daiighter of theailain-
Vire On
.Sept,'ll the defendant said sto me—ft- I ,
Ott goin'tO marry your sister Ellen-very shorfly.'', es':
1 Mr. Tindal Atkinson addressed the jury in niiti- ."
glition otAamages, but he called. no witnesses. -- -
.-Mr: '.J.tOie.9 • Ailliamo.,l9l(l. Ole jury that_ in .14 SI-.i'i
Opinion-the-ale Was a bad one of its Class, but their
business was simply to compensate the plaintiff for
the wrong done, and not to punish the defendant.
The jury found a verdict for the plaintiff—dama- .
ges £l4O.
(Sittings. in Banco, before Lord Chief Justice Erie
and Justices Byles and Keating.)
HOLDER V. SOULSBY. . •
This case arose on demurrer to the plaintiff's -
declaration. The plaintiff in his first count com-
plained that he had hired certain furnished apart-
ments in the house of the defendant, and brought
into them certain luggage, chattels, and effects,
and that the defendant, neglecting his duty, did
not take such due and proper care of his said house
as a, prudent owner would, by means whereof cer-
tain dishonest persons, in the absence of the plain-
tiff, were admitted into the defendant's house and
into the plaintiff's apartments, and took and carried.
away the said luggage, chattels, and effects of the
plaintiff. The second count stated that the plain-
tiff was about to yield up the said apartments, and
gave licence to the landlord, according to the usage
in such cases, to enter and show his apartments to
persons desirous of taking the lodgings, and that,
not taking proper care, some of the said persons
carried off certain of thel chattels of the plaintiff
which were in the said apartments. The defendant
pleaded that the first count, not alleging the defen-
dant to be a common innkeeper, or any contract
for insurance against loss, or any personal bailment
to the defendant, did not disclose any duty or lia-
bility on the part of defendant to take care of the
plaintiff's goods. There was a similar plea to the
second count. The plaintiff joined in demurrer.
Mr. Archibald appeared for the plaintiff, and Mr.
John Thompson for the defendant.
The Lord Chief Justice, in delivering judgment,
said that, in his opinion, the judgment ought to be
for the defendant. Upon the first count the plain-
tiff claimed in the mere relation of a lodger, and
assumed that the law created a duty of taking due
and proper care of the goods of a lodger. He had
to ascertain whether there was any duty by law
cast on the landlord of a lodginghouse to take care
of the goods of the lodger, and no law, no treatise,
no judge had ever affirmed that preposition. In
" Cayle's case" (1, Smith's Leading Cases) the lia-
bility of innkeepers was restricted to innkeepers
keeping common inns for wayfarers to use, and
the sedges in that case laid down a distinct rule
that a lodginghouse-keeper letting lodgings had no
such liability, if the goods of a lodger arc stolen in
his house by another lodger, much less by a
stranger. The reason of the law was that a way-
faring guest, having no means of knowing what
sort of persons might be about the inn, the law cast
the duty on the innkeeper of taking care of the
goods of his guest ; and he was put on his guard,.
.810 sea . right fet mttincs a .441,,,a_ 0.. ~.-44At 14,N!,..a: . 44?, ~ --:::„.„_,,
..,.:.....-„,-, -; -
'insuring Alin safety of his ,gnest'te ~cods. "11*st---s--'se,ssea -a.
reason of the law was perfectly intelligible, ai-iti:77,-5r , `,- ' 7.• -
was said that an innkeeper might co-operate with .
dishonest persons against 'a wealthy traveller '
and steal his goods from him. But none of these
reasons applied in reference to a lodger. The con-
tract must be taken as indicating the liability. Al-
though it was nut contended that it was an a'J.,:oluto
duty cast on the lodginghouse-keeper, and that he
was only bound to take due and proper care of his
lodger's geode, he \, :.:s most particularly averse
from affirming that a lodginghouse-keeper
was liable to take due and proper care,
To say that every lodginghouse-keeper was
liable for the loss of goods if he did not take due and
proper care of them would be casting on him a re-
sponsibility that no man could see the result of.
Looking at the infinity of character of the persons
received into lodgings—persons of every grade—if
lodginghouse keepers were to be held bound to take
due and proper care of their goods, or be liable for
them by an arbitrary verdict, it would be affirming
a proposition which would, to his mind, be a most
pernicious evil: The habits of lodginghouses must
vary according to circumstances. Near the seaside
to have the doors always locked would be a great
inconvenience. So it would be in a port where
lodgings were taken at short notice, and the lodgers
were continually going in and out. In all these
cases, if the law was that the lodginghouse-keeper
had to take care of the lodger's goods, it would be
a serious respoesibility. Of course, the lodger
could hare the same care taken of his goods as
when passing along the streets he handed them
over to a person to carry, by handing them over to
the landlord to care of. Cayle's case was a direct
authority against the plaintiff's claim. In the se-
cogcl count the lodger allowed his landlord to show
the apartments to persons who wanted to take
them. If a person to whom the apartments
were shown should take the opportunity of taking
off the lodger's goods, was the lodginghouse-keeper
liable ? In his opinion, not. The lodger who had
given leave to have his rooms shown, in ordinary
prudence, would put articles of value out of sight,and
under the circumstances would place his goods under
the care of the landlord. There was much more
danger of evil from the lodger arranging with his
companions to take off goods from the lodgings under
pretence of looking at them, and then the lodger
charging the landlord with it, than that a landlord
should enter into such a conspiracy. lie did not in
this judgment in the smallest degree interfere with
the liability that would arise if there was any evi-
dence at all that the landlord, by gross misconduct,
had facilitated •the loss, or had taken part in it. In
the present case the lodginghouse-keeper had done
his duty, and was called on to be responsible for
goods the loss of which was in no way his fault.
Mr. Justice Byles and Mr. Justice heating con-
curred in their judgments. Judgment for the de-
fendant,

BENSON'S WATCHES.
" Perfection of mechanism." —Morning Post.

Gold,
Silver 2to 50 guineas.

Bend 2 stamps for Benson's Illustrated Pamphlet, descr'p-
tive of every construction of watch now made, with their
prices.
Watches sent to all parts of the kingdom fres by post, or to
India and the Colonies for ss. extra.
33 and 34, Ludgate-hill, London, E.C. Established 1749.

THEATRE-ROYAL, HAYMARKET.
Lessee, Mr. J. B. Buskstone.
THIS EVENING, will be performed VICTIMS. Messrs.
Buckstone, Farren, Cullenford, Sze. ; Mrs. B. White, Miss M.
Ternan, Mrs. Griffiths, &c.
And BOX AND COX.
After which, a new fairy romance, THE PILGRIM OF
L OVE.

JO YAL PRINCESS'S THEATRE.-
Lessee, Mr. A. Harris.

THIS EVENING, to commence with MY WIFE'S
OUT. Mr. Widdicomb and Miss L. Keeley.
Followed by THE FOOL'S REVENGE. Bertucelo, a
Jester, Mr. Phelps.

To conclude with the extravaganza of THE SYLPHIDE.
Miss C. Leclercq, Miss Louise Keeley, Miss Helen Howard,
Miss Rose Leclercq, Mr. Shore, Mr. Baker, and Mr. Frank
Matthews,

Commence at 7.

ADELPHI, NEW THEATRE-ROYAL.
Sole froprietor and Manager. Mr. Benj. Webster.
Engagement of the celebrated American Actress, Miss
JULIA DALY, and Mr. LEIGH MURRAY.
THIS EVENING, TO PARENTS AND GUARDIANS.
Mr. Leigh Murray, J. L. Toole, C. Selby, Romer; Miss H.
Simms, K. Kelly, Laidlaw. and Mrs. Chatterley.
After which, OUR FEMALE AMERICAN COUSIN.
Messrs. Stuart, C. Selby, Billington, Eburne, Miss Julia
Daly:-K. Kelly, Laidlaw, and Mrs. Chatterley.
To conclude with the Fairy Extravaganza, THE FAIR
ONE WITH THE GOLDEN LOCKS. King Lachrymoso,
Mr. J. L. Toole ; Count Pleniposo, Mr. P. Bedford ; Viscount
Veryaoso, Mr. C. J. smith ; Graceful, Miss Woolgar ; Queen
Lucidora, Miss Emily Thorne ; Mollmopsa, Miss K. Kelly.

Box-office open from 10 till 5.
Private boxes, £2 21. ; Family Boxes, £l.
Orchestra Stalls, ss. ; Balcony, 45.: Front Circle Stalls, 3s. •
Pit Stalls, 2e.; Pit, is. 6d. ; Amphitheatre, Is ; Gallery, 6d.

A.oting Manager—Mr. Wm. Smith.

ROY AL LYCEUM THEATRE.-
Under the management of Mr. Wm Brourrh.
THIS EVENING, a new comic drama entitled NEXT OF
KIN. Messrs. Emery, S. Calhaem, Tilbury, &c. ; Mesdames
E. Travers and K. Saxon.

After which, the burlesque of THE FORTY THIEVES.
Miss Lyd!a Thompson, Rise Clara St. Casse, Miss E.Travers,
Miss K. Saxon, Mrs. Wallis ; Messrs. Emery, Tilbury, ;
and a numerous Corps de Ballet.
Followed by WHITEBAIT AT GREENWICH. Sir W.
Don.

To conclude with THE MIDDY ASHORE. Miss Lydia
Thompson.

Gmmence at 7.

ROYAL ST. JAMES'S THEATRE,
King-street, St. James's. Lessee, Mr. T. B. Chatter-
ton. Directress, Miss Wyndham. The nearest Theatre to
Chelsea, Pimlioo, and Westminster, the Park being open to
carriages and foot passengers all hours of the night.
THIS EVENING the performance, will nommenee with
a new and original comedy, entitled A FRIEND IN NEED.
F Robinson, C. Young, &c.

After which, A LADY AND GENTLEMAN IN A PE-
CULIAR PERPLEXING PREDICAMENT. Mr. Charles
Toung and Miss Wyndham.

Followed by a new burlesque, LITCREZIA BORGIA AT
HOME AND ALL ABROAD. Mesdames Wyndham, E.
Scott, Cecilia Ranoe, Miss Clara Morgan, and the Corps de
Ballet.

----
Reduced Prices—Gallery, 6d ; Pit, is. The Box-offloe open
from 11 to 5 daily. Doors open at half-past six ; perform
ance commences at 7.

ASTLEY'S ROYAL AMPHITHEATRE.-
Proprietor, Mr. Wm. BATTY.
Manager, Mr. EDWIN HUGHES.
First Appearanee of Little MONONI and the celebrated
Delevant' Troupe, who are engaged at a great expense.
Great and unprecedented success of the NEW GRAND
MILITARY SPECTACLE, universally pronounced to be the
most perfect and magnificent production ever witnessed in
this Theatre.
The enthusiastic approbation bestowed upon the novel
and varied Scenes in the Cirque is the best assurance of the
unequalled talent of the eminent Equestrian Artistes who
nightly appear.
THIS EVENING, and during the Week,
To commence with the Great Military Spectacle, in Four
Acts, called "Tnx HISTORY OF A FLAG,' succeeded by an
incomparable programme of Scenes in the Arena, supported
by the most renowned and talented Equestrian and Gymnas-
tic Artistes in Europe.
The magnificent Chan•'eliers are manufactured expressly
by Messrs. Defies and Son, of Houndsditch.
Doors open at half-past 6 o'clock, performance commence
at 7.

Box-office open daily from 11 till 4.
Stage Manager—Mr. W. WEST.

CANTERBURY HALL CONCERTS.-
THIS EVENING.
C. H. GOUNOD'S OPERA,
FAUST:
First Time in this Country.
Faust Mr. Henry Herbert
Mephistopheles Mr. C. Bernard.
Siobel Mrs. Anderson.
Marguerite
Conductor Mr. Jonghmans.
And selections from
Dinorah, Trovatore, Macbeth, and numerous other
Entertainments.
Balcony, is, Hall, ed.
Combo Vocalists —Messrs. George Hodson (the Irish Come-
dian and Mimic), and W. T. Critbhfield.
Pinfitroa arr. added to the Fine Arts
Gallery. The suite of Halls have been re-decorated and
beautified, and constitute one of the most unique and brilliant
sights of the metropolis.
The gallery is open from 5 till 11 on Sunday Evening.

THE WEATHER.-SUN OFFICE, MAY 1, 1360.

THERMOMETER, IN THE SHADE.
62—highest since noon yesterday.
44 —lowest this morning and during the night.
62 —this day at noon.

MtROMETER-30.38 ; falling.
WIND, Easterly; fresh, with fine weather.

HIGH WATER AT LONDON BRIDGE.
THIS DAY.—Morning, 10h. 12m.—Afternoon, 10h. 48m.
To-Moaßow.-Morning, 11h. 21m.—Afternoon, 11h. 49m.