The Sun.
London, England, 1856-06-05 00:00:00

THE SITN, LONDON, THURSDAY EVENING, JUNE 5, 1856.

Spirit of the Public Journals.

(From the Morning Herald of this day.)
Either England is in a state of unexampled secu-
rity, or she is not.
If she is, Lord Palmerston is the wisest, as he is
the most mysterious, statesman who ever existed.
If she is not, she might, with reason, be supposed
by many to be as near her end as was the Gothic
kingdom of Spain when Count Julian invited over
the Moors from Africa.

None can deny that her fate is completely in the
Premier's hands. The authority of the Crown has
passed, as Lord Hardwicke showed, into his posses-
sion ; he is sure of a majority in both Houses of
Parliament ; all his decrees are accepted by the
country ; he is allowed to withhold all explanation
as to his measures, either future or past ; reclama-
tion against anything he says or does is ineffective ;
and even those who, like ourselves, watch passing
events with the deepest apprehension, have merely
the power of protest, and can do little or nothing
to make that protest effectual.
England is beginning to understand, in some de-
gree at least, that she is no longer that isolated
island which she was at the commencement of the
last century, whose inhabitants dwelt secure amidst
the isles, saved by their ocean bulwarks from any
possibility of foreign aggression, dependent on none
but themselves for their supplies of food, living
within their means, and not trading beyond, and
not meddling with the affairs of the nations of the
Qontinent at all.
Our modern system is wholly different, and the
time for such security is past ; during the last 30
years particularly, Lord Palmerston has contrived
so to complicate our affairs with every nation, that
those who have no key but conjecture and the
chapter of accidents to open the explanation to them,
must be bewildered to understand how the Premier,
with his admitted abilities and unlimited power,
can have brought this country in face of a crisis
which few but himself can fully calculate.
We ourselves are, therefore, in the condition of
shareholders who are alarmed at the magnitude,
and apparently unprofitable nature of the specula-
tions in wltichthey are involved, who can get no
account from their agents ; who have their suspi-
cions confirmed by that circumstance as well as by
others ; and who, therefore, lose no opportunity of
conveying a warning to those who are in the same
position as themselves.
To do this the more effectually we will endeavour

to " take stock" as regards our present relations.
We shall do so moderately and temperately ; but
we entreat our readers, if they arrive at the same
conclusion with ourselves not to lot an hour go by
without doing their utmost to call their agent, the
Prime Minister, to the very strictest account.
As to our home state we are spending more than

our income, we are raising new loans, we are no:

•
raising food enough for our own consumption, and
we therefore depend on foreign powers for our
support. We have just spent enormous sums of
money, and lost' many valuable lives ; and no man
can say specially, distinctly, and definitely, that we
have got anything but new complications by such

expenditure.
We have rendered besides by far the largest part
of our population much discontented by this and
by other causes.
With regard to our neighbour France, we pro-
fess ourselves to be in the very closest alliance, but
at the same time we stand in the most critical pos-
tion with her—a position which is nothing short of
that of joint occupiers of the Eastern empire of
the world. We have been forced to extend the
original 40 days stipulated for the evacuation of
Turkey to 6 months ; and it is but too apparent
that England will not retire from the position which
commands the empire of the world, leaving France
in possession, nor will France place greater confi-
dence in England ; they both, therefore, as well
as Austria, remain as joint occupiers, with sepa-
rate interests, which may, under_ the existing Go-
vernment, mature secret jealousies which, under a
British Administration, would never have been
created. France, also, has the better position.
As to Belgium, she has been bullied at the Con-
ferences, and must seek support somewhere, either
by throwing herself into the arms of France, which
is unlikely, or, as is more probable, into those of
Russia.
As to Prussia, her neutrality during the war has
certainly not been changed into any anti-Russian
spirit by the peace ; nor is there any reason why it
should, for nothing has been done to relieve Poland,
and Poland is the weight by which Prussia is held
down by Russia. Prussia, therefore, is the anta-
gonist of England.
Austria has decidedly suffered at the Conferences
a defeat at the hands of Russia, backed by Eng-
land and France; her consequent state of isolation
is not likely to make her take a line favourable to
England when the joint oocupation in Turkey shall
have produced confusion among the nations.
We shall speak at present with due caution of our
position as to the United States; suffice it to say
that any moment may bring into collision the two
great divisions of the Anglo-Saxon race, and that
owing to causes which, whatever be the fault on
their side, we are so far from being blameless, that

their first complication dates hack to a time ante-
rior to the Bulwer-Clayton Treaty, to a period
when our present Premier occupied the post of
Foreign Secretary.
We yesterday explained how, in event of such a
fatal collision, we had been deprived of our chief
arm, by Lord Clarendon's surrender of the right of
search, and that, therefore, any war between us
and our Transatlantic kinsmen would not only be
destructive, but interminable.
Of Turkey we have to a certain extent spoken ;
suffice it to say that by various modes the Sultan
has been isolated from his subjects, who are rising
•in rebellion against his recent decree, so that ho is
literally supported by the. foreign bayonets who
occupy his territory with separate interests.
Persia, Denmark, Sweden, and the minor states
of Germany have been thrown into the arms of
Russia.

As for Russia we shall not say much : no man
disputes that it is her avowed object to gain the em-
pire of the world, and that by the convulsion of it,
and by waiting her time until all other powers
have worn each other out, and then coming in as
the general pacifier, arbitrator, and suzerain.
In all the complications we have detailed there
is not one that can affect Russia injuriously.
We need scarcely advert to the fact, that Eng-
lish capital is to be extensively employed in the
development of her internal resources ; that not a
word has been whispered of indemnity from her,
nor of security to the Circassian tribes ; nor of
barring her succession to the crown of -Denmark ;
and that England, by the recent treaty, has re-
nounced, as Lord Clarendon says, her maritime
rights in favour of the Russian dogma, " Free
ships, free goods."
Such being the actual state of thd world, and
such the very critical position of England, we really
think it is time some better defence were found
for Lord Palmerston than that usual one of his
political opponents, " Don't embarrass the Mi-
nistry by attacking them while negotiations are
pending ;" or its inevitable consequent, " What is
the use of attacking them after the thing is done ?"
We maintain, on the contrary, that there is no
way of saving England from that " day of wring-
ing of hands" predicted by Lord Derby than that
of either hindering the Premier's acts before they
aro accomplished, or when, as in the recent case of
Lord Clarendon, the law has been plainly broken,
of proceeding against him after the fact. Either
prevent or punish.
It is hard to look on and see this great empire
mined and sapped in secret, and to know what a
very small amount of sense, courage, and patriotism
would suffice to save it.

Bislronic OP CHRISTCHUEOH.—The Rev, H. J. C.
Harper, M.A., vicar of Mortimer, Berks, has, on the
nomination of the clergy and laity, in public meeting
assembled, accepted the Bishopric of Christchurch, in
the settlement of Canterbury, New Zsalarld. The Rev.
gentleman will be consecrated in England, towards the
end of July.
[AnvmaTissmENT ]—Tile possibility of abandoning medicine
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I street,

LAW INTELLIGENCE.—June 4.

COURT OF EXCHEQUER.
TAYLOR V. JOHNSON-USE AND OCCUPATION.

Mr. Edwin James and Mr. Murray appeared for the
plaintiff, and Mr. Huddlestone and Mr. Hawkins for
the defendant.

This was an action brought by the plaintiff, an archi-
tect, residing at St. George's-terrace, Hyde-park, to re-
cover 621. 10s., being the amount of a quarter's rent of
a house, 64, Bond-street, from the defendant, Mrs. John-
son, an artist. The defendant pleaded never indebted, a
set-off by reason of work performed amounting to 891.
18s., and that the agreement on which the plaintiff
founded his claim was obtained by fraud. From the
evidence adduced on behalf of the plaintiff, who admit.
ted the set-off, it appeared that he first became ac-
quainted with the defendant in March, 1855, when he
called at her studio, in Oxford-Street, fur the purpose of
having some sketches made and some pictures cleaned.
The work was performed to the general satisfaction of
the plaintiff, who, conceiving Mrs. Johnson a lady of
talent, and always finding her hard at work when he
called, proposed that she should remove to a house he
had in Bond-street, where she would soon, by becoming
better known, realise an independence. Various inter-
views took place between the parties, and finally Mrs.
Johnson entered on possession of the premises, on the
verbal understanding that if she succeeded in the object
she had in view she was to pay the rent, 2501. a year.
Accordingly, in the June following, she entered on pos-
session, and it was suggested that a person named Barnes
should enter into partnership with her, and that she
should be instructed in colouring photographs. Things
went on smoothly enough until the plaintiff's return
from a tour, alter having enjoyed the honeymoon, when
"a change came o'er the spirit of -his dream," and he in
December last called upon Mrs. Johnson, and requested
her to sign an agreement binding herself to pay 2501. a
year for the house. In defau't of payment of the quar-
ter's rent, due the 25th of March last, the present action
was brought. In support of this view of the case, the
agreement was put in evidence, by which it appeared that
the defendant bound herself to pay 2501. a year for the
house.

Mr. James, on the conclusion of the plaintiff's case,
said he would not call on the defendant for costs or rent
if she would give up the key of the premises.
This proposal not having been accepted, the follow-
ing witnesses were called for the defence :
Mrs. Johnson said she was the defendant, and became
acquainted with the plaintiff about 15 months ago, when
she saw him ia her studio in Oxford-street.

Mr. Baron Martin—Why proceed with the matter
any further ? If the plea alleging that the agreement
was obtained by fraud is good, the agreement is bad, and
the plaintiff can at once obtain possession of the house.
Mr. James repeated his offer, but with the same success.
Examination continued—She accomplished the work
as set forth in the particulars of set-off for the plaintiff,
and he made no objection to the items, but said he would
pay her the same as any other person he employed.
Shortly after the work had been done he called on her,
and induced her, by the representations he made, to give
up her studio in Oxford-street, and she accordingly did
so, and removed her property. He said he would take a
house for her in Bond-street, and the understanding at
the time was that she was to pay 1501. for the entire
house after she had been in possession for one year, during
which period shs would not be called on to pay any rent.
On her expression of gratitude for this liberal offer, the
plaintiff said, " Oh, I have let the shop to Mr. Cox for
1401., and I shall be no loser." He said he considered her
a person of talent, and that he would stand by her and pro-
mote her interests. After the plaintiff's marriage he intro-
duced his wife to her, and said she would be a friend to
her, and at one interview at which Mr. Barnes was pre-
sent, he said he would not claim any rent for the
first year. She bad a perfect recollection of the plain-
tiff calling upon her when the agreement was signed.
He said, " How is it you look so cheerful
this morning ? I am afraid what I have to tell you
will break your heart; my wife and my lawyer are
going to turn you out of the house." She said,
" flow can you be so unjust ? I have done nothing to de-
serve this, or to forfeit your respect." He replied, " I
can only think of one thing to enable you to baffle the
lawyers, and that is for us to enter into an agreement,
which I will show them." Upon this he took an agree-
ment from his pocket, and said, " If you sign this I will
go to my solicitor and urge it as an argument in your fa-
vour, and there will be no more said about it: I am sorry
.for you, but if a man does anything for a woman a wrong
construction is always put upon it." She signed the
agreement, which she did not read, and was very much
up,ct, and cried, and he said, " Don't cry, I will bring
you the agreement back this evening." She did not read
the whole of the agreement, but on seeing 250/, entered
as the annual rental she said it was impossible to pay
that amount, even if the business were established. He
said, " Never mind, I don't expect you to pay it." He
again celled shortly after, and desired her to have every
faith in him.

Cross-examined—Her goods were removed before the
quarter-day. Smne were sent to her mother's, and some
were pledged. The plaintiff Lad given her carpets, and
they were amongst the articles pledged. After the goods
were removed she locked up the house and had still pos-
session of the key. The plaintiff had paid 271. fur a loan
made to ber by a loan society.
Mrs. Meredith, the mother of the defendant, proved
that the plaintiff had stated that he would not make any
claim for the first year's rent, and that it was afterwards
to be at the rate of 1501, a-year.
Mr. Daniel Smith said he was present at interviews
which took place between the plaintiff and the defend-
ant, when the plaintiff stated that Mrs. Johnson was not
to be called upon for the first year's rent, and that after-
wards she was to pay 1501. a-year.
Mr. James—Did you ever say that "your experience
proved tat Mrs. Johnson was a dangerous, lying, and
undeserving character ?"
Witness —I did, but I beg to apologise to Mrs. Johnson
for saying that. It was said when I was under the impres-
sion that she had stolen Mr. Taylor's carpets—that im-
pression was -without foundation, as I believe she was
guilty of nothing of the kind.
Mr. James—You said she was a liar. A person
might take a carpet without being given to lying.
Witness—l thought she was guilty of slight prevari-
cation.
Mr. James—Well, in what respect was she danger-
ous

Witness—She is a spirited woman, and has been nearly
ruined.
Mr. James—ls every spirited woman dangerous
Witness—No, but her misfortunes were 133 great that
she might have become dangerous. I hardly know
whether the proposition for the plaintiff to become secu-
rity to the loan society emanated from himself or from
me. I paid more than 51. to the loan society on account
of the advance. The defendant paid the balance, 271.
The case for the defence having closed,
The learned judge left it to the jury to say whether,
taking all the circumstances of the case into considera-
tion, they were of opinion that the agreement had been
obtained by fraud.
The jury returned a verdict for the plaintiff, damages
221. 125., being the amount claimed, allowing for the
cet off.
Mr. James, after the verdict was returned, said he
was oven now willing to bind his client to a rule of
court not to call on the defendant for the amount of the
verdict if she would forthwith give up possession of the
premises.

INSOLVENT DEBTORS' COURT.

IN THE ?LATTER Or WILLIAM GENGE STEWART, -FACILITY
OF CREDIT.

This insolvent, a young man, ,vho had been Cornet in
the 2d Dragoon Guards, applied to be discharged from
the Queen's Prison.
Mr. Griflits opposed for several West-end tradesmen—
Messrs. Browne, tailors, Princes-street, Hanover-square;
Mr. Hill, tailor, Old Mond-street; Messrs. Pulsford,
tailors, St. James's-street; Messrs. Matthison and am-
atts, tailors, Conduit-street ; and also Messrs. Beale and
Newan, hosiers, in New Bond-street. Mr. M`Cakey
appeared for a Mr. Becker, residing at Brighton. Messrs
Hamburger and Rogers, outfitters. of King-st., Covent-
garden, opposed in person. Mr. Sargood supp .rted.
The insolvent is now 24. He joined the 2,1 Dragoons
at Dundalk, in Ireland, in May, 1853; and since he had
been in prison his commission had realised 8401., and of
that sum 6461—Was in court for the creditors. The debts
in the schedule were 5,5481., and of that sum 3,1501.
were without consideration, arising on liabilities for
other persons, to which cause, with the smallness of pay,
Is. a day, his kppcarance before the court was attributed.
His father, Mr. Duncan George Stewart, oFtaange-
alley, had made him an allowance of 3001., but he had
exceeded that sum, and out of an advance by his father
he had paid some bets lost with brother officers. H.
had been in prison since November. He had a number
of transactions with Alfred Whaley Cole, who was a
barrister out of practice, and bad since been a merchant
in Cannon-street, and who had gone abroad. He had
a -cepted bills for him, ani was by him introduced to
Mr. Joseph Joel, a money-lender. He had ab-o some
bill transacqons with Lord Forth, which appeared on
the schedule.
Several of the opposing creditors complained of the
manner in which their debts had been contracted. Mr.
Pal-ford and Mr. Immace were called, as also two clerks
from Messrs. Browne and Messrs. Matthison, In addi.
tisn to clothes to nearly 1001., the insolvent obtained
551. of Messrs. Browr, and gave his bill. Mes rp. Puts-
ford, after banking hours, advanced 201. on a cheque of
Cole's for 301. They were only creditors for clothes,
including a fancy court dress for the character of Sir Giles
Oveireaeh, for which 131. was charged. There were 54
creditors on the schedule, of which " ten" were tailors,
besides outfitters, hosiers, rte. In a.fevy months of last year,
having returned from Ire'and with his regirnentin June,
he contracted a number of debt.. His outfit, sup-
plied by Me=srs. Ha nburger, was 3501, and for wearing
apparel there were several hundred pounds in a very
snort time. The complaint of Messrs. Hamburger was
that the insolvent gave them a cheque for 2001., which
would have born pai i out of the commission, but the
payment was countermanded. The case of Mr. Becker
could not be proceeded with, as he was unable to attend
on the present occasion.
Mr. Graffito submitted that the insolvent had acted
in a fraudulent manner towards his creditors, particularly
with reference to the complaints of Messrs. Pulsford and
gessrs. Mathison, in which he had been assisted by
Alfred Whaley Cole.
Mr. Sargood admitted the extravagance of the insol-
vent, but contended that there was no fraud to be im-
puted to the young man. It was lamentable to see the
facilities of credit given to young men, and that creditors
should rely on their fathers or other members of their
family to pay their debts. Were such men to come to
this court and ask for a judgment ? One of the creditors
had said he foun4l he was the "son of his father," cod
that was the secret of the case. They relied on Mr.
Duncan Stewart to pay the Debts, and did not look so
much to the young man before the court.
The Chief commissioner required creditors tr? be served

and the broker of the court to value some clothes left in
the possession of a person named Ray, which had been
redeemed from Cox's Hotel, in Jermyn•street, out of
10001. advanced by the army agents on the sale of the
commission. His Honour, in reference to the complaints
made, alluded to the number of tailors in the schedule,
and remarked that the fairness of all dealings consisted in
the equal knowledge of facts between the parties.
Judgment deferred to the 25th inst.