The Sun.
London, England, 1860-11-26 00:00:00

Ldal- INTELIZGENCE—(TILIS DAY).

COURT OF CHANCERY.
(Before the Lord Chancellor.)
APPEAL —JUDGMENT.—LOCK V. GORRISSnN.
This was an appeal from a decree of the Master of the
Rolls dismissing the plaintiff's Lill.
_ _

It appeared that the defendants, Auguste William and
Co., previous, and down to the month of November, 1857,
carried on the business of merchants, in copartnership in
London, and acted in London as the correspondent of
Icham Lorver and Co,, merchants, in Hamburg, in this suit,
representing plaintiff. On June 8, 1857, the Hamburg firm
instructed the London firm to purchase £lO,OOO of Mexican
Bonds, and hold them at their disposal. The London firm
purchased the bonds and drew bills on the Hamburg bowie
for the amounts which were accepted and paid when due,
and the question raised was, whether the London firm had
a general lien on the bonds for general advances to the
Hamburg firm.';
_

The Lord Chancellor was of opinion that there was no
general lien on;the bonds for'general advances, and reversed
the decision of the Master of the Rolls, and ordered the bonds
to be delivered up by the defendant to the plaintiff, and to
pay the costs of this appeal.

JUDGMENT.--31ASWELL V. lIASWELL.

This was an appeal from a decision of the Master of the
Rolls. By a post-nuptial settlement, dated 3d Sept., 1839,
between Frederick Thomas Haswell and Elisabeth, his
wife, on the one part, and trustees on the other, it was
provided that the sum of £1,400 should be assigned
to the trustees in trust to pay the interest to
the husband unless and until he should become insolvent,
or until his death, which ever should first happen, and after
the happening of either of such events his trustees were to
pay the interest of the fund to his wife for life ; and after
the determination of the several trusts thereby:before created,
Li trust to the children of the marriage, the survivor should
appoint, and in default of appointment, to the brothers
and sisters of the husband and wife, or on the sooner de-
termination of the interest therein before limited to them
respectively in trust for the children of the marriage equally.
The husband became insolvent, and the wife afterwards
died in the lifetime of the husband. Under these circum-
stances the Master of the Rolls held that the power of ap-
pointment given to the husband was extinguished, and that
on the death of the wife the fund was divinable among the
children of the marriage in default of appointment. The
husband appealed.

The Lord Chancellor was of opinion that there was u pro-
vision in the settlement that the children and grandchildren
should take in default of appointment, and effect must be
given to it. His lordship dismissed the appeal with costs,

APPEAL-JIIGDMENT-3I4LACHLAN- V. TAIT.

This was an appeal from a decision of the Master of the
Rolls, holding that the children of the testator were en-
titled to take the benefit of the freehold and leasehold estates
on surviving their mother,

The Lord Chancellor was of the same opinion, and dis-
missed the appeal with costs.

APPEAL-JUDGMENT-DAVIS V. SNELL.
This was an appeal from the Insolvent Debtors' Court,
without leave of the Judge of that Court.
The Lord Chancellor dismissed the appeal.

CRIMINAL COURT.-(THIS DIY.)

OLD COURT.

The November sessions of the Central Criminal Court
commenced this morning, before the Lord Mayor, Alder
man and Sheriff Abbis, Aldermen Challis, Finnis, Rose,
and Gabriel, the Under-Sheriffs, and the other civic
authorities.

The Recorder, in charging the grand jury, said the num-
ber of persons waiting for trial wai comparatively small,
and the offences with which they were charged were not of
an unusually serious nature. The offences principally
consisted of burglaries, an offence which he regretted ap-
peared to be on the increase. The learned gentleman then
referred to several of the cases to be brought before them,
and said he did not think they would experience any diffi-
culty in the performance of their duty.
The grand jury then retired to their room, and after a
short time the trials proceeded.

THE GARIBALDIAN VOLUNTEER 6.

Colonel Peard has addressed the following letter
to the editor of the Daily News :

Sir,—Nothing is more annoying to me than to be dragged
before the public, particularly in a newspaper controversy.
But as your correspondent, Mr. Lander Freed, has made
a personal attack upon sue in connexion with the affairs of
the British volunteers, in your paper of the 6th instant, I
feel obliged to reply to it.
Let me premise what I have to say by declaring that I had
nothing whatever to do with the appointment of the officer
who was sent to England to recruit, and that he was no
agent of mine, as your correspondent asserts. I think, in
company with some other English in the service of the
Italian army, that I signed an address inviting our coun-
trymen to join us in the great cause in which we were em-
barked; if I did so, your correspondent is welcome to make
the most of it he can ; bat Capt. Styles was not appointed
by me. All I knew of him was that I was introduced to
him at Genoa as an English officer late of the Fusilier
Guards, for so I was informed he represented himself. I
never saw hint again until he came with Colonel Purle's
regiment to the position we were th.•n holding before Me.
lazzo, for during the intermediate time he had been in the
American clipper which was detained by the Neapolitan
Government at Gaeta. Nor did I ever hear anything
more of hint until after my arrival at Naples, and being
appointed by the Dictator to take the command of the
brigade on its arrival, when the two letters I received from
members of the committee in Lon,,ddoinhsopnoekset:so,,t;,h,,isw‘h‘
which
would "extravagance," and
would doubtless form the subject of inquiry on his arrival
at head quarters." Nor was he the only person whose
honesty was called in question in the letters I received
Your correspondent asserts that " the expenses in-
curred on the part of the legion, not by the com-
mittee, but by agents sent by Colonel Peard and his
colleagues, were £15,000, &c." I again repeat that
neither Captain Styles, nor any other person, was an agent
of mine. Some members of the committee wrote that Cap-
tain de Rohan had, in consequence of the incompetence of
Captain Styles, taken the management of affairs. Captain
de Rohan was not my agent, nor did I know he was in
England until I received the intimation from those letters.
One word more as to agents. I had seat none, for ono
simple reason, that until I received from General Garibaldi
himself, about Sept. 20, the intelligence that he had
ap-
pointed me to command the brigade, I had no more idea
I that I was to eemmand it than your correspondent himself.
It was given by the general without any solicitation on my
part, and was tetally unexpected by me.
As to stopping the payment of Messrs. Isaacs' claims, it
was solely done that the accounts might be verified. I
told Mr. Isaacs so ; that there was no doubt expressed as
to the honesty of his account, but that until the arrival of
the brigade, and that his claim had been examined and com-
pared with the vouchers and quartermaster's accounts of
articles received, he as a tradesman must know that ha
ought not to require payment from the Government. I had
never previously seen Mr. Isaacs, but from what I can
judge he is a straightforward man, and had he been left to
himself I believe a 'great deal of unnecessary trouble would
have been saved.

Captain de Rohan telegraphed to me, " Pay nothing ; do
nothing till I come." He did not arrive here till some
week or ten days after the brigade. I heard of his arrival
front Mr. Arrowsmith, the owner of the Melazzo, when at
the advanced posts before Capua, and sent him a note by
that gentleman to say I would call on him whet I could
manage to get to Caserta. A morning or two after I had
occasion to go to see the Dictator, on duty. Whilst wait-
ing in the ante-room some one remarked that he was in the
room. I turned round and saw him about three paces from
me. I addressed him, when he immediately turned round
and walked off. He afterwards told everyone that I refused
to speak to him. The chairman of the committee wrote me
that Captain de Rohan had all accounts and vouchers with.
him. He has never shown noroffered to show me anything.
And I further beg to state that Major Vecchi, who was au-
thorised as wall as myself to examine the accounts, corn-
pla'ns that Captain de B,ohan would keep no appointment
made with him, oe produce any documents for his inspec•
tion, or account for sums paid to him by Mr. Ashurst.
I am not going to take shelter under the acts of my mili-
tary secretary. Any responsibility rests solely with me. I
believe Lieut. Seymour has acted in everything as a man of
honour. It has suited parties whose honesty is questionable
to malign him, but he must fight his own battle. One
assertion alone I will allude to, viz., that he has reported
that £30,000 had been subscribed in Glasgow. The irst
intimation I have had of such a subscription is contained
in your correspondent's letter. I certainly have heard from
many quarters that £2,700 was sent by the liberality of the
people of Glasgow.

As to my advertisement to the treasurers I cannot see
how it can excite any feel;ngs of indignation in their minds
or that cf any honest men. It was the only means I had of
communicating with gentlemen with whose names and re-
sidences I was unacquainted.

With regard to Mr. Isaacs' account, I forgot to mention,
what %ill prove that inquiry was not unnecessary, that his
claim was for the equipment of 1,000 men, whereas only
660 arrived in Naples.—l am, &c.,

J. W. PEARD, Colonel-Brigadier.

Naples, Nov. 16.

The following letter from an ey•-witnesB,

condemnatory of Colonel Peard's conduct, wo
extract from the Nanchester Guardian :
Sir,—ln your leading article upon the British Legion in
your to-day's impression you make a statement which is
slightly calculated to mislead your readers. You state
that when the men wore ordered out by Colonel Peard to

attack Capua you were informed by an eye-witness that
Captain Styles, the officers, and men very sensibly refused
to obey his commands. Now, by the word " men " being
used it will naturally be inferred that the whole of the men
were ordered out upon this madcap expedition ; but as one
who has just returned from among the brave fellows out
there, I beg to inform you that such was not the case. I
did not keep a diary out there, and I am consequently un-
able to give the date of this affair, but upon the night in
question .the whole of the left wing of the battalion, and,
with the exception of Captain Styles's company (to which I
had the honour to belong), the 6th and, I think, the ith
companies, the right wing also, were on picket duty and
could not leave their posts, so that when we were roused
from our straw beds at 10 30 p.m. (I remember the hour
distinctly for I looked at my watch) we found we numbered
92 men. We all of course thought that additional sentinels
were wanted on the picket, but were soon informed to the
contrary, for we were ordered to fall in without blankets,
simply arms and accoutrements. Being ordered to observe
a strict silence we were then marched the whole length of
the camp, past all the outposts, and when we had pro-
ceeded some distance, were halted, and immediately the
colonel commenced to address us, and it was very evident
to every man present that he was not in a fit state to have
thelcommand of men, and especially in such a perilous posi-
tion as we were in ; in fact, it was the unanimous opinion
of all present that he was in a state of intoxication, and I
can must certainly say for myself that I never heard any
one talk more like a drunken man in my life. What he
wanted us down there for, at least so few of us, we could
not exactly understand from what he said. He commenced
by informing us that the General was much pleased hy our
gallant conduct on the preceding Friday, and felt prou
that he commanded us (more than any of us could say ofto
him), and was glad that we had done so much honour
vhat
he
Old England, and then he commenced to tell
huasd
finished
wanted done ; but I must confess thet whent
he had
any wiser
I was not, nor do I think any one present
seory walls of the town
prmeseenfaint idea that he
than when he began; but we had
had brought 92 men underntthee
thve bank of the Volturno,
almost and wished to
with our camp that way, lie
so stop any communicfa tined
us
surprise the sentries, agntododnpouvil a bridge across the river and
that he had forgotten his
also very candidly
whole of the battalion
had been
apparatus for so doiinngo,rbut had sent back for it. Now, this
was all very well if the
present, but them en reasoned. among, themselves in this
; they Suppose w e and do this thing or
attempt to do so, and an alarm is raised and they rush down
the town, with what success can we, hand-
fuluas- strain
us
from
of men, repel the attack l" With none at all. We
consequent)halte)a- ,when
should not be able to make a stand, and should be sacri-
ficeda tehye
oyahad observe,bee
n
t mant
le furtheran d
and
marched the)-,
very sensibly refused to move on again, and I don't think
to
aa
we should have moved.on after the first halt had not the
officers addressed their men, telling them to have confi-
dence in them. Captain Styles came to us and said—
" Now, boys, confide in me and I will see that you are not
led on too far;" thus showing the great confidence ho
had had in the officer in command. At the second halt
we stood still for about half an hour, and were then ordered
back to our quarters, where we arrived shortly after two
a.m. Such, sir, is the truthful account of the affair, and
is, in my opinion, the most scandalous passage in Colonel
Peard's command. I have written you this letter so that
you might not be led away with the idea that the British
u
Legion had refused to obey orders, for I can assure
that a braver set of fellows never existed, and it is
kon
lament-
able to think that they have been allowed to breasure
no
account of bad treatment and neglect ; but I
to rush on
one will blame a few of that Legion refusing
to certain death.—l am, sir, yours obedientlY,
1 B L
v Corpora
Jos. DUN E,
•-•Z
23, 1860.
33, Princess •5treetaber............._

env,tbabasletiaseurvsicaes of cer-
MADAME 11IaRio.---The Neapolitan correspon-
dent of the Times, speaking of tli
min persons in the hospital o Sebastian, In
more
to' has manifested all the endu-
than the spirit of a man,
6h woman On the •
what catego.ry shall I put life: ale Mario ?
ranee and self-sacrifice of a . night of the
let Oct., 1 have it from othcers, she made 14 trips to St.
Angelo exposed to great danger, to bring off the wounded.
Fuiupwanis of 38 hours she never took off her clothes. Her
tault has been that she has attempted too much, per-
onlyhapll the small birds are pecking at her, mainly be-
persons who talk loudly about liberty ( i
cause she is a Republican ; but to say nothing of the incon-
wahtahtiscionnnection there is between her political
catvoinesnwaoyst; tahnadt divinesl,lkliee
tp:inPra
ins: touniew:°scYli : et stronglys, andb ut humanitytorhpueptrohseaciudtoj
uh se tri
ci ane nrhdeecireundi
oernre ge•
politicalel
has deserved well of Italy, andhaa
country." honour to her own