The Sun.
London, England, 1867-06-07 00:00:00

INFANCY.

A remarkable case, " Cooper and another v.
Weston," was yesterday tried before Mr. Under-
Sheriff Burchell, in which the plaintiffs, Messrs.
Cooper and Isaac, house agents and auctioneers at
Plinlico,sought to recover of the defendant, a young
woman named Harriet Weston, a balance of £l7 Gs
Gd for furniture bought at auction. Three pleas
pleaded, and two—infancy and immorality—wer e
relied upon. Mr. Purcell was counsel for the plain-
tiffs, and Mr. Thomas Johnson, an attorney, ap-
peared for the defendant. Mr. Cooper one of the
plaintiffs, said he had let the defendant a house in
Stanley-street, Pimlico, when he knew she was not
married. He did not know she was not of age, and
she told him she was going to be married. He sent
her a catalogue of a sale, and she bought some fur-
niture, and the balance was £l7 6s Gd. He let her
another house, Cumberland House, 39, Cumberland-
street, Pimlico, at £7O a year, and she paid a quar-
ter in advance. A person was introduced as her
husband, and gave his name as George Weston. He
did not know that she was a kept woman. A per-
son named Cox, who had purchased the furniture on
commission, was called. The case or. the part of
the defendant was that she was under twenty years
of age, and was kept by a gentleman. Her evidence
was to the following effect : She told Cooper she
was not married. She never told him that she
was going to be married. He said the landlord re-
quired a married lady, and he (Cooper) sent a per-
son to him to represent himself as her husband.
She had never represented herself as a married
woman. A clerk to the defendant's attorney,
Peter S. Parkins, and her housekeeper, a Mrs.
Baker, said that Cooper wanted the defendant to
get some person to represent himself as her husband.
She refused to do so. Mr. Philip Byfus said he was
the landlord of the house, 39, Cumberland-street,
which was let by Messrs. Cooper and Isaacs,
through his agents, Messrs. Smith of Adelaide-
place, London Bridge. Cooper represented that
defendant was a married woman. A stout per-
son called on him, brought by Mr. Isaacs,
as Mr. Weston, the husband, and gave reference
to his tailor, and said he banked with the Bank of
England. He went to the tailor and was not satis-
fied, and then went to the house, and afterwards
called at the offices of Cooper and Isaacs, and there
saw the same stout man, who slunk away when he
saw him. He had endeavoured to get possession of
his house, but had not succeeded. The defendant's
Mother, a woman in a very humble position, proved
that her daughter had been born in July, 1847, and
had been a servant. The plaintiff Cover was re-
called, and said there was not one word of truth in
what the defendant bad said about the familiarities,
and as to the stout man being at his office when Mr.
Byfus called, he was there on a matter of business,
and he knew nothing about him. The learned
'Under-Sheriff, in placing the case before the jury,
declared that he had never heard such evidence in
all his experience. Either Cooper had bees guilty
of disgraceful conduct, or be had been the subject
of a most wicked conspiracy, and the jury would
have, by their verdict, to say to which side they
gave credence. There were several points for them
to consider—whether the defendaht was an infant
and the goods were necessaries. Every one must
feel that Mr. Byfus was the witness of truth, and
r,
te
the jury would not forget his elvvidasen
cte •C
010
imposed on that gentleman ? i%p eho hand
who had fallen
plaintiff, -or the woman Weston,
from her position of a servant, aud
man, it was said,
under the protection of a gentle? He re-
viewed the principal features of the case as disclosed
by the evidence, and left the questions for decision.

Courtact. on Tuesday,
In the Manchester Countyyn
dealer,ion was brought
Long-mila-
bbyefoTrehonras. E. Ovens,
provisionjud
, recover
Long-mill-
gate, aFgaarinnf,t
nEetal Edward a
Ar ds
hßtorono_
IT
nhae:rdn e farmer, Me dloc k
The particulars of
£5O damages. claim stated that
in January the defendant :-:old to the ' • platatiff a -" nu it
round, goo.la:iil, and shop and app •ui •
tenances in
Long -millgate, Manchester, for £9O •
1 and that
the defendant a.reed to supply the plaintiff
with
goo 1 near milk at 21. per dozen quarts
below
the
market price, but had failed so to do, and had
s..ip-
plied instead a campuund of milk and water, or other
fluid or substance, whereby the plaintiff hal lost the
price paid by him to the defendant, together with
the profits which he ought to have derived from the
business; and had otherwise been inj • ured in his
business and reputation. There were also two
counts for misrepresentation. Mr. ll' • iggin, for the
plaintiff, said that, soon after the plaintiff took pos-
session of the business which he had bought from
the defendant, complaints were made by his
customers of the quality of the milk. At length
ono
of the customers, named Travis, being possessed of
an instrument called a lectometer, tested a quantity
of the milk. The process was to get the milk to a
temperature of 60 degrees, and to place in it this
instrument, the index of which showed the propor-
tion of water in the liquid. In the instance
in ques-
tion the lactometer showed that there were three
quarts of water, in a dozen quarts of the liquid sold
as milk. On the plaintiff' remonstrating, the de-
fendant's wife said her husband not
would . stipplr
milk without water to the plaintiff or anyone else.
The plaintiff confirmed his counsel's statement, and
added that, though at first he sold a daily aver age of
36 dozen quarts, at the end of April he sold not more •
than 14 dozen daily, and he finally sold for £9O the
business for which he had given £9O. The wbble-•
sale profit was about 14-d. a quart, and the retail
profit 2d. per dozen quarts. Cross-examined by Mr.
Leresche—When the milk came from defendant he
(the plaintiff) added water in the proportion of on e
quart to the dozen ; but be did so only to make
up the measure of 13 quarts to the dozen, which
which one of his customers required. He also got
milk from another farmer, and in this he (witness)
put three quarts to the dozen. Ile did not add any
water to the milk supplied to Travis. Joseph
Travis, milkseller, Cross-street, Swan-street, proved
the testing of the defendant's milk. He at first de- '
nied that he had heard of annatto ; but afterwards
inadvertently remarked that a druggist had told
him that it was a colouring matter, and on being
questioned he said he had used it to give milk a
rich cast. The defendant, in answer to the judge,
said he did not know what was the usual proportion
of water iu milk sold by farmers to milk dealers. •
Sometimes they rinsed their cans, and then put a
few quarts of water in them. The Judge—What
did you mean by agreeing to supply good milk?
Witness—Milk to suit customers. The Judge—
The defendant was a wholesale customer of yours,
and you have no right to put in all the water—you
ought, you know to have given him a chance. Wit-
ness—He should have suited himself in that. I
didn't tell him to put in any water. The Judge—
Then you put in the same water for wholesale cus-
tomers as for your retail customers, three quarts to
the dozen? Witness replied that he did not put in
that quantity of water, but he would not say that ,
in his milk there were not two quarts of water to
the dozen. The defendant's son said that when he
delivered the milk he had seen the plaintiff takeout
dozen canfuls and then put in their place a dozen
quarts of water. The plaintiff's late housekeeper
gave similar evidence. Of the defendant's milk, she
added, the plaintiff used on every occasion to take
four dozen quarts, put it in a churn, and then add
15 or 16 quarts of water, a little salt, and some an:
natto to colour it. Witness used to keep a milk-
I shop, and when the milk was pale she used to add
som e. annatta to it. Mr. Leresche—"•Tliat's my
1
case, your Honour." The Judge—" And a very
nice case it is." In giviug judgment, the Judge
said ho had no doubt the plaintiff's real com-
plaint was that the defendant had put more
water in his milk than he ought to have
done, and that thereby the plaintiff had not
had a fair chance of making a further addition.
As to the proportion, from the experience
he had had, he did not believe that four quarts of
water to the dozen was sufficient to prevent
customers buying the milk. It was simply impos-
sible to get at the truth in the present case. If the
plaintiff had come into court with clean hands he
(the Judge) would have awarded him the £5O be
claimed; but this was not the case, for, in his
opinion, he put in the milk as much water as the
defendant put in it. By the contract " good new
milk" was to be supplied by the defendant, and he
should consider the words to mean pure milk. Mr.
Leresche said the words only meant the milk of
commerce, which, he contended, the defendant had
supplied. The Judge said he should not take it
that there was a recognised practice of supplying
adulterated milk. The result of his judgment
would be that both parties would in effect be fined.
The plaintiff had already lost considerably, as he
only got £2O for what cost him £9O; and defendant
would be a loser of .120, for which sum he now
gave the plaintiff a verdict. Each must pay his
own costs. (He (the Judge) wished he had the
power to fine the plaintiff and defendant £lOO each.
—Manchester Guardian.

THE HOWDEN MYSTERY.-011 Saturday Mr.
Clayton, of the firm of Claytenand Co., shipbrokers, agents
tothe owners of the schooner Howden, of Goole, applied to
the stipendiarymagistrates for warrants against two of the
crew of the Howden. lie said the captain was very ill, or
he would have applied personally. The difficulty in the
case was that the body of the man found in the boat could
not be identified. Mr. Travis asked where the two men
wore. Mr. Clayton replied that that was not known. Mr.
1 Travis observed that warrants could not be granted unless it
was known where the mon were. Mr. Clayton answered
that the chief object of this application was to get tho
men's description inserted in the Police Gazette—the Hue
and Cry—but that could not be done until a warrant was
granted. Mr. Travis said the better plan would be for the
captain to go to Dungeness, where the plundering of the
vessel took place, and apply to the authorities. As yet it is
entirely unknown whether the two missing men are alive
or wliether they were murdered, and the mystery attend-
ing this very remarkable affair is as great as ever.
SINGULAR ACCIDENT.—On Sunday night as the
last train from Welshpool neared lianwopd, on its journey
to Shrewsbury, the driver perceived four horses quietly
trotting down the track, about 300 yards ahead of the
engine. Ho turned on the whistle and otherwise tried
to frighten them off the rails, but without effect, and
as the train had got too near to b 3 pulled up with
safety, there was no other course than to go on at full
' speed. This was done, and the buffer of tho engine striking
rue of the horses full in the body, literally cut it into two,the
train passing ou with a shock that was scarcely perceptible
in the hindermost carriages. A portion of the body of the
unfortunate horse, however, being left on the threw
off the leading wheels of a third-class carriage, which was
dragged along le this condition for about 200 yards, when
the accident was perceived and the train stopped. Consi-
derable alarm was created among the passeuger! by the
occurrence, but the consequences to t
'ern werelimited to
the inconvenience of having to wait half an hour while the
carriage was got on to the rails again.
[ADVEIVITSSSIIINTT.]IIeriCfrtIi no en; the valuable
properties of Du 11irrfs lralth-ret. g en a Aral2ica.
Invalids' and Infants Fool, since to. t who of blessings
it has already received from Invalids whose position had been
deemed hopeless, we may now attl that of his. Holiness the Pop,
whose health has been perfectly restored by it after thirty years-.
of unsuccessful medical treatment. We quote from the "Gazete
du midi," July 25th :—" Rome, July 21, P 3113.—" The health'of
the Holy Father is excellent, especially since, abandonint, a
other remedies, ho has confined himself entirely D
to u Bfrry'ls
Revalenta Arabica Food, of which he consumes a
at every meal. It has produced a surprisingly I,,,Pni„afj,„,
effect on his health, and his Holiness cannot praise this
excellent food too highly." We extract a few
Out of
more than m 53,216, oo cures:—Cure No. of the
away,
Marchioness
de Brehan, of seven years' liver complaint, wasting
debility, nervousness, with a nervous palpitation all over, bad
digestion, constant sleeplessness, and the most intolerable ner-
vous agitation. Cure No. 1,771: Lord Stuart 9 Deems, Lord
Lientensat of Waterford, of many years' dyspepsia. No. 49' B';'2 •
" Fifty years' indescribable agony from dyspepsia, uervusn
asthma, cough, constipation, flatulency,
vomiting.—Maria Joly." Cure No. 4j2to79srsi sickness, and
of Frimley, Surrey, of 30 years' , r. 811C!„9 Roberts,
liver derangement, and partial dd,isaefased lungs, spitting of blood,
deafness. Important
Beware of the many unsavoury than ppyijmatift7o.—us
to which, without authority, aroun I.,tteell.34e•,'snansr,?ts most auda-
ciously attached.
In tins at Is. ltd.; 1 lb_ `,:; 93. ; 2 lbs., 4s. 61. 5 lbs., 11s.;
12 lbs., 225.; 21 lbs., 401 —BAR. ItY Du BARRY nd Co., No. 77,
Regent-stns.:A, London; also Fortnam and Mason, 182, Piccadilly
and at 61, Gra,cechurch-street; 4. Chembide; 61, 150, and 2C3,
Oxford-street; 330, Strand; and all grocers and chemists,l

LONDON, FRIDAY, JUNE 7, 1867.

It is to be regretted that a check has been put
upon the festivities at Paris, or, at all events, that
a gloom has been cast over them by the event of
yesterday evening. As the Czatz and his two sons
were returning from the review at the Bois de Bou-
logne, in a carriage, with the Emperor of the
FRENCH, a. Pulish youth fired at the CZAR. Most
fortunately the attempt was a failure, the only suf-
ferer being the assassin himself, for the pistol was
overloaded and burst, the explosion carrying away
the hand of the Pule. The greatest enthusiasm pre-
vailed when it was ascertained that the two Em-
perors had escaped injury, and the indignation of
the crowd was most excessive, a desire being ex-
pressed to hang the culprit on the spot. While we
rejoice at this so far satisfactory termination of
this untoward affair, it may be inferred, with some
justice, that there has not been much wisdom dis-
played by those who have attempted to arrange
matters in Paris during the stay of the Imperial
guests. Too mu,Al caution was shown upon the
day of the EMPEROR'S arrival, and had he set
off from the station in an open carriage, very likely
he would have been in reality more safe than
h Is since proved to be the case. ft was the more
striking, because the Emperor NaroLEoN himself
has never adopted the expedient of socking to
avoid danger or the appearance of it, and very
likely this over-scrupulosity for the safety of their
visitor has defeated its own end in the long run.
From time to time we have heard of the CZAR hav-
ing been made the object of abuse, and he was
mobbed on the occasion of his appearing in public,
but all this was trivial if annoying. It was no
secret that there was no good feeling between the
Parisians and the CZAR, or rather the policy of
which he is the representative, for personally ho has
shown himself the friend of progress and the ex-
ponent of advanced views to his people. Still that
arguod nothing against his safety, and no doubt the
Parisians themselves are more vexed at this un-

lucky contretemps of yesterday than any one else
can possibly be.
It must have been a great disappointment to
them that their guest should have been exposed to
injury, and indeed to death, while he was in a manner
under their protection. Although it was not a
native of France who made the cowardly assault,
still it was vexatious that it should have been com-
mitted while the Czar, was in Paris. The well-
meaning Parisians must now doubly regret the
exhibitions which have been made against the Est
rEßoil on account of his treatment of the Poles,
for it may have led indirectly to the act of yester-
day. It is always best, in large and small things,
in serious as in trivial mattters, t.) keep to those rules
of courtesy which custom upholds and good feeling
sanctions. had these been strictly adhered to
during this visit of the Autocrat to the French
capital, the misguided individual whose act has
just been chronicled might not have taken up wild
ideas of the sympathy of the Frenoil, and mag-
nified notions of the wrongs of his country. Be-
sides being ill-timed, these manifestations were un-
fair, because the present Emperor has never shown
himself to be exclusively devoted to tho main-
tenance of a representative system, and so
far as the stringent laws of his empire allowed
him he has been liberal, and in many instances
merciful towards offenders.

Another guest is at present sojourning in the
capital of France, who is personally far more un-
popular than the Emperor ALEXANDER, and whose
recent policy has been most inimical to the French
ideas of nationality. It behoves all who have the
honour of their country at heart, and all who
rightly estimate the responsibility that devolves
upon them, to keep on the alert that there
may be no repetition of the outrage of
yesterday. These illustrious individuals do not
come to France to proclaim their own views or to
challenge the justice of this or that line of action ;
they came, upon the invitation of the French EM-
PEROR, to share the hospitality and witness the
achievements of a people whose boast it is that they
are the most polished among the nations of the earth.
They must not find out that their entertainers have
forgotten the substance for the shadow, and are con-
tent to let those who have claims upon the nation
take their chance of result and inquiry, while ex-
travagant politicians and ignorant youths give vent
to their real and affected 'indignation upon subjects
that are not now before the public. The reception
of King WILLIAM in Paris was a cold one, which
circumstance need neither excite astonishment nor
give rise to regret. It would be idle to assume the
likelihood of the Prussian Monarch being a welcome
guest in Paris, and if anything could have made
him more unpopular, it would have been the
presence of the statesman who accompanied him.
At the present moment we should say that Count
BISMARCK is the most unpopular man in France,
and all the more so for the audacity with which he
has acted in pretending to advance the cause of free-
dom. The French have too lively a sense of liberty,
whether they enjoy it themselves or not, to be taken
in by appearance, and they know that the Minister
who now accompanies his Sovereign to France has
done more harm to the cause of real freedom than
any other man living. We see no reason
for requesting that the reception of Wednesday was
a cold one, not that it can be surmised for an in-
stant that those most affected by it will learn any-
thing profitable to themselves or pleasant to
others, but there is no harm in the indication
of a truth, and the condemnation of many
errors. What we have most to do with now is
that these illustrious visitors should leave Paris in
safety, and that during their stay in the French
capital they should be treated in a manner
befitting their exalted position, and worthy of those
who are the guests of France. We hope that the
French themselves will recognise the true from the
false in this instance, and not follow a vision until
it leads them into the presence of a reality they
will regret. This is not the time nor the place to
express their opinions upon the character and
nature of Russian or of Prussian policy, but
it is an occasion which demands from
them the exhibition of good taste and good
feeling. These Sovereigns are in Paris because they
have been requested to come, and, being there, they
have claims on the honour and good faith of
Frenchmen, and we earnestly hope that there will
be no more vexatious circumstances occurring dur-
ing
the period of their stay, for it would be much
to be regretted if there were.