The Sun.
London, England, 1867-01-11 00:00:00

THE SUN, LONLON, FRIDAY EVENING, JANUARY 11, 1867.

MENT SECU

190
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96 98
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88 ?0
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102 1(4
163 tOS
102 tOS
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72 lj 21

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,ITIES.

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LAW INTELLIGENCE.—This Day.

COURT OF CHANCERY.
(Before the Lord Chancellor.)
WATERS V. THE EARL OF SHAFTESBURY.

This was an appeal from a decision of Vice-Chancellor
Stuart. The plaintiff was land steward of the defendant
from the year 1851 to July, 1863, at a salary of £430 a
year. In May, 1857, the defendant entered into a contract
with the General Land Drainage and Improvement Com-
pany, by which the company under the powers and autho-
rities of their Act of Parliament, were to advance a certain
sum of money to the defendant, and to execute some ex-
tensive drainage works on his settled estates, the amount
of which was to be charged upon the inheritance of the
laud. By an indenture of the same date made between the
company on the one part and the defendant on the other
part, the company a,-;reed to execute the drainage works
for £15,600, in consideration of a rent charge for 30 years
at £6 per cent. on the amount of contract. By another
indenture between the company and the plaintiff, Mr. R.
2. Waters, and made at the same time, the company en-
gaged the plaintiff and contractor to complete the drainage
works, the Ea'l of Shaftesbury to advance the necessary
money, materials, &c., from time to time. In 1862 other
contracts between the same parties were executed for fur-
ther works for £11,270. In 1863 the plaintiff left the defen-
dant's service, and then claimed the whole amount advanced
by the Company to the defendant, in respect of the works
completed under his (the plaintiff's) contracts. The amount
stated to have been received by the defendant was
£21,008 135., whereas ho had only paid the plaintiff
£17,181 is., and this bill was filed by Mr. Waters to re-
cover the balance of £3,827 12s. The defendant resisted
the claim on the ground that the plaintiff, being in his
employ eta paid salary, was only his agent in the matter,
and therefore only entitled to change the actual amount
expended on the construction of the works, which amount
had been paid. Moreover, it never could have been in-
tended by the Legislature that a steward to a landowner
to whom all his services were due could be allowed to
make a profit out of the drainage works on the estate at
the expense of the persons entitled to his services. The
case for the plaintiff was that ho was merely a contractor
for the company for the construction of the works; that
this contract was entered into with the full knowledge and
sanction of the defendant, and had nothing whatever to do
with his duties as steward to the defendant, and therefore
he was entitled to the whole benefit, of the contract.
Tho Vice-Chancellor held that there was nothing in the
position held by the plaintiff as steward to the defend-
ant to prevent his entering into the contracts in ques-
tion provided ho had taken no advantage of that
position. No such case had been made out against
him, and therefore the plaintiff was entitled to the
balance of the contract money, after making deduction for
all such sums as had been paid by the defendant for mate-
rials supplied during the execution of the works. Front this
decision the defendant appealed.

The Lord Chancellor held that Mr. Waters had entirely
railed to establish his case, and reversed the Vice-Chancel-
lor's decision.

COURT OF QUEEN'S BENCH.
BATES V. HUNTER.

This action was originally tried before the Lord Chief
Justice of the Queen's Bench, at Guildhall, and by it was
sought to recover the value of a policy effected on a vessel
called the Georgia, whose name became somewhat famoos
from her being in the service of the Confederate States of
America. The vessel was insured for a voyage from
Liverpool to one of the Portuguese settlements, and when
the claim was sent for the loss of the vessel, payment was
refused by the underwriter, on the ground that at
the time of her insurance a material fact was
withheld, viz., that she had been in the ser-
vice of the Confederate Government. The jury
found a verdict for the defendant, and Mr. Mellish now
moved for leave to show cause why the verdict should not
be set aside and judgment entered for the plaintiff, on the
ground that certain evidence had been excluded, and also
that had the defendant taken the proper steps, he might
at once have become aware that the vessel had been in the
Confederate service.
The Court granted a rule.

IRELAND.

DUBLIN, Jan. 10.

The Conservative journals are exulting in the
small attendance at the annual meeting of the Na-
tional Association. They remark on the absence of
members of Parliament, the middle class being but
slightly represented and the people keeping aloof.
'Mr. E. W. llibbert, of Piccadilly, sent over the
largest subscription, £5. The Cardinal came next
with £2, and about 30 bishops, priests, and laymen
contributed £1 each. It must be admitted that
there is something anomalous in the position of thi:
associatiou,---it is so attenuated and retiring, appa-
rently so destitute of Parliamentary aad popular
support, and so ill-supplied with funds, though en-
joying in a larger measure than any ether politi-
cal society in this country the blessings of the
Church. In fact, it may be said to have been
ushered into the world by the hierarchy, who have
ever since watched over its cradle and prayed for its
prosperity. Why, then, does it not prosper? Why
does it not hold its meetings in some large hall, and
why do not the people crowd round its platform ?
This question is easily answered by the Conserva-
tive journals. They say the people don't care about
it, because they feel no grievances, or because they
will not allow the lead of their bishops in politics.
Yet, small :and insignificant as the body appears
when it comes before the public, we see what tre-
mendous power it can put in motion when the
occasion for action arrives. Tipperary and Water-
ford bear witness that the National Association is
like an engine-driver, not very formidable to look
at, but having power to put on the steam at high
pressure till the.speed becomes dangerous to life and
limb. The association, echoing the voice of the
prelates, has emphatically disclaimed any desire to
share in the funds of the Established Church. They
say " Away with the temporalities ; let them
be secularised." They will not have the plan of
attaining religious equality by " levelling up," but
are determined to have it by levelling down."
Their general policy has been expressed in resolu-
tions, which 1 subjoin :

"That a Reformed Parliament being the readiest means
by which the people of this country can obtain a satisfac-
tory settlement of the Church, the land, and the education
questions, it is therefore the duty of the executive commit-
tee of this association to aid the movement for a more just
and equitable representation of the people in Parliament.
" That as the House of Commons, as at present consti-
tuted, inadequately represents the people of the United
Kingdom, and persistently refuses to legislate beneficially
for Ireland, wo hereby pledge ourselves to co-operate, by
every means in our power, with the Reformers in the three
kingdoms in their efforts to obtain an extension of the
franchise, with vote by ballot. _ _

" That we hail with satisfaction the expressiou of sym-
pathy and tender of support so generously promised by
Mr. Bright and other leaders of public opinion in enabling
the people of Ireland to obtain the redress of those griev-
ances under which they have been weighed down by cen-
turies of misrule ; and we heartily reciprocate the kindly
feeling lately manifested by English and Scotch Reformers
in our regard.

" That, in order to give effect to the foregoing resolu-

tions, steps be taken immediately by the Executive Council
of this association to prepare petitions for and obtain sig-
natures in every parish in Ireland; that it be requested that
said petitions be returned when signed to our secretary,
in order that a monster petition be organised and presented
in the House of Commons as early as possible."

At the conclusion of Mr. Kennedy's evidence on
Monday evening respecting the riots at the Water-
ford election, Mr. Waters said he expected, as an act
of justice, that the military authorities would
parade, for identification, every man of the Lancers
who joined in that charge by which two peaceable
men had lost their lives. Mr. Waters' demand,
says the Cork Examiner, was greeted with demon-
strations of the most enthusiastic approval by the
auditory, who cheered, clapped their hands, &c. The
coroner said he would not allow the public to re-
main inside the court if such interruptions were
continued. The applause instantly subsided, as, in-
deed, did the former outbursts which circumstances
occasioned during the inquiry, and which seemed
the uncontrollable expression of strong popular in-
terest and feeling.

" Mr. Julian said he had no authority to parade the
Lancers for identification. With such manifestations of
public excitement it would be unsafe to bring the men
here. •

"Mr. Waters. —Major Wombwell is here, and I tell him
wo require these men hero for identification. Ho as officer
commanding the regiment can communicate with the pro-
per authorities on the matter."

At this point the people, by whom, when the pro-
ceelings were at the close, the court-house was
densely filled, cheered vociferously, and several un-
complimentary epithets were bestowed upon the
troopers, such as " blackguards," " cowards," &c.
Threats of vengeance upon the Lancers in case they
should return to Dungarvan were also made.
At the sitting of the Court on Tuesday, Alice
Crowley, servant to Captain Kiely, deposed that
she was at the window of her masters's house, when
she saw the people running away from the Lancers.
One man was knocked down and a horse made to
dance on his feet, but not on his body ; she saw a
Lancer dart his lance at the same man while on
the ground, but did not reach him. Then, where
there was no crowd, and no stones had been thrown,
the Lancer who had thrown down Brien rode up to
her master's door, where he was standing on the
steps, and made a dart at his neck, which he missed.
He then turned his horse quickly round and pierced
his breast, and at the same time rode his horse up to
the flag of the door. The Lancer then turned and
made a thrust at a young woman standing in a
gateway. When witness saw the Lancers making
the " prods" she cried " 0 Merciful Jesus !" but
she did not then know that her master was killed.
John Murray, mariner, swore that he saw from
his boat the charge of Lancers. A place called the
"binney " was chockful of people trying to escape.
There were but two persons on the quay at that
time—one fell under a cart, and the hat of the other
was carried away on the top of a lance and waved.
" The Lancers were looking for some one to kill."
He swore that positively, and said they were a
disgrace to the flag they were under. He saw
them dart at the women as well as the men.
It was a cowardly act, and if they were before
the foe they would not go so fast. Mr. Julian
said they never turned their back on the
foe. Mr. Waters replied this very regiment did in
India. Patrick Bowdon, captain of a hooker, gave
similar testimony, but on cross-examination he ad-
mitted that he saw one stone thrown. He saw no
broken bottles on the streets that day ; nor did he
see sticks " shied" at the soldiers, nor stones in any-
body's hands. He heard no shouting or noise but
what the cavalry made ; and he said they were
" a set of cowards, and a disgrace to the
flag."

The inquest was resumed yesterday morning. Five
witness were examined during the day. It was ad-
mitted that stones had been showered on the Lan-
cers before they forced the mob back from the
bridge, in order to make a passage for the voters.
Mary Anne Donovan, a pauper, 104 years of age,
died this week in the North Dublin Union, having
been 40 years in the house. Her father was sur-
geon in the Scots Fusilier Guards, and she expressed
a wish to be buried with the soldiers in St. Paul's
churchyard. The guardians humanely complied
with her request, and Mr. J. Norwood proposed
that a headstone should be placed over her grave.

CRYSTAL PALACE.—Thera appears to be every
probability that the portion of the Crystal Palace
which was destroyed by the calamitous fire on the 30th
ult. will speedily be restlred to its original perfection.
The shareholders and season ticket holders will, it is
understood, contribute largely to this object ; and a move-
ment has been originated by Mr. Francis Fuller, one of
the founders of the Crystal Palace, to promote a public
subscription in aid of their exertions. Ire believes
that 1,500 persons can be readily found to subscribe or
collect £lOO each, which would suffice to restore a build-
ing which may be said to be of national importance,
and which has so greatly tended to the refinement and
social progress of the people. Many offers of sums of this
amount have already been received ; an iikpential com-
mittee is being organised, and it cannot be doubted that
all classes of society will cheerfully contribute, according
to their means, to accomplish the desired object. M.
Blondin has addressed Mr. Fuller, expressing his deep
regret at the loss which the public have sustained, and his
desire to give, as his contribution, two gratuitous perform-
ances on the high rope in the Crystal Palace, in aid of the
Restoration Fund, which will, in all probability, produce a
=adorable sum.