The Sun.
London, England, 1867-08-17 00:00:00

THE SUN. LONDON, SATURDAY EVENING, AUGUST. 17, 1867.

THE TAILORS' STRIKE.

PROCEEDINGS AGAINST TILE " PICKETERS."

Alfred Bailey, vice-president of the Amalgamated
Society of Journeymen Tailors ; Peter Horrocks,
secretary of the same society ; Samuel Partridge,
president of the Operative Tailors' Association ;
Jenkin Jones, Tamuel Newbury, Edward Otnerod,
Thomas Geary, Morrice, James Glendon,Thomas
Flood, George Templing, Alfred Sherman, Robert
Knox, Robert Druller, —Stokes, and Winterton
were summoned before Mr. Knox, at Marlborough-
street, Police office, for that they did, on the 29th
May, unlawfully conspire, combine, confederate,
and agree, with divers others, to impoverish in
their respective trades as tailors, Henry George
Poole of Savile-row ; Joseph Stohwasser, of
Conduit-street ; Thomas Womershausen, Thomas
Bowater, Thomas Guthrie, J. H. Smalpage, and
other master tailors, by forcing journeymen to de-
sert their work, and preventing them from working
for the complainants. The real question was to try
the legality of what is called the picketing system.
Mr. Sleigh and Mr. F. H. Lewis (instructed by
Messrs. Valiance and Valiance) appeared in sup-
port of the summonses ; and Mr. Edward Lewis,
of Great Marlborough-street, appeared for the de-
fendants.

Mr. E. Lewis asked whether any practical advan-
tage would be gained by going on with these cases,
while cases of a similar character were pending for
trial at the Central Criminal Court on Wednesday
next. As a matter of policy he would ask for a
postponement for the purpose of allowing the sum-
monses to abide the event of the forthcoming trial,
when, if the verdict of the jury was against them,
the defendants would feel bound to respect it.
Mr. Sleigh said Mr. Lewis was present when the
late intended trial was postponed, after a similar
pledge had been given by the defendants through
their counsel, and must be aware that notwithstand-
ing that solemn pledge the system was renewed in all
its vigour. Mr. Baron Bramwell at the time ob-
served that he would only consent to postpone the
trial on the understanding that the pledge was
given in good faith. The return for this indulgence
was for the Journeymen Tailors' Associations to
place pickets on all the leading establishments in
London, and to carry on that system of picketing
more effectually and pertinaciously, if possible, than
before. Under these circumstances he must ask
the magistrates to hear the case at once.
Mr. Knox did not know that he had the right to
stop the proceedings. He would speak out plainly.
He had been so shocked at what he had learned
about unions since his return to England, that
after learning that a solemn pledge, solemnly given,
had been so shamefully violated by the operative
association, he must consider they were disentitled
to any indulgence, and he should, therefore, decline
to accede to the application for postponement.
Mr. Edward Lewis then took several objections,
the principal of which related to The form of the
summons, which, he said, charged three statutable
offences, and ought, therefore, not to have been in-
cluded in one summons.

Mr. F. IL Lewis said, in reply, that the sum-
mons contained really but one charge, varied in its
form.

Mr. Knox said Mr. E. Lewis's objection ap-
peared to amount to this—that each defendant
ought to have been served, not with one summons,
but three summonses. Ile did not think the objec-
tion of weight, and he must overrule it.
Mr. E. Lewis must ask the magistrate to take%
note of his objection.

Mr. Knox promised to do so.
Several witnesses having been called to prove the
picketing system, the case was adjourned till to-
day.

Naval and Military Intelligence.

The Prince of Wales' yacht Osborne, 1,034 tons,
and 430 horse power engines, Corn. John D'Arcy,
is
moored alongside the T pier at Woolwich Arsenal,
awaiting the embarkation of the Prince and Princess
for the Continent. During the course of yesterday a
series of telegrams and messages was received from
the Board of Admiralty and the War Department as
to the regulations to be observed, so as to secure the
absolute exclusion of the public, and to render the
embarkation free from the slightest commotion in
consequence, it is stated, of the indisposition from
which the princess still suffers. A large number of
applications have been addressed to the authorities
for permission to be present, the whole of which
have been answered with the words "No admis-
sion." The embarkation will be undsr the command
of Commodore Edmonstone, C. 8., senior Admiralty
officer of the district, and Commander Biddlecombe,
C. 8., Master Attendant of Woolwich Dockyard ;
and the arrangements of the pier will be directed by
Capt. Gordon, C. 8., and his officials, beyond whom
none will be present under any pretext. Commander
D'Arcy was summoned to the Admiralty yesterday
afternoon to receive additional instructions for the
vessel's departure, and the Prince of Wales was in-
formed that the ebb tide would break at half-past 2,
at which hour it would be advisable that the vessel
should take her departure. According to present
arrangements she will proceed direct to Dortrecht,
in Holland, the sea passage being calculated to oc-
cupy about ten hours, and that of the Thames and
the Meuse about the same time, making a total of
20 hours after leaving Woolwich, as stated by Mr.
Sarratt, the master of the Osborne. The vessel
may probably, however, be ordered to disembark at
Rotterdam.

A court-martial, under the presidency of Capt.
the Hon. Fitzgerald A. C. Foley, of the gunnery
ship Cambridge, assembled yesterday morning on
board the flag-ship Royal Adelaide, in Hamoaze,
Devonport, for the purpose 'of trying Mr. William
Collier, engineer of her Majesty's ship Revenge,
for having, on the 29th November, 1865, obtained
and disposed of a certain bond, with intent to defraud
the Three Towns Bank (Plymouth, Devonport, and
Stonehouse) of the sum of £3O. Mr. William
Eastlake, Judge-Advocate, assisted. The first
witness called was Mr. E. S. Anstey, the agent, who
stated that he received a letter from the prisoner,
dated at Pembroke, asking for a loan. Witness sent a
form of proposal, which was returned, and he then
sent a bond which was, after some delay, returned
with the signatures of Mr. Moore, engineer of the
Revenge, and Mr. Carter. The first instalment not
being paid application was made to the securities.
Mr. Moore denied all knowledge of the bond. No
answer came from Mr. Carter. The next witness,
Mr. W. Moore, stated that in the latter part of
1865 prisoner asked him to sign a bond, which he
refused. The signature to the bond produced was
not in his handwriting; it appeared to be written
by prisoner, but without any authority. George
Philips, engineer's cook, stated that on the prisoner's
application he had signed his name on a blank sheet
of paper. The signature on the bond produced was
his, but the names of Mr. Collier and Mr. Moore
were not there when he signed it. The prisoner's
defence was that he had received authority to attach
the signature. He was sentenced to two years' im-
prisonment at Exeter, with hard labour, and be dis-
missed the service with disgrace.

The crew of the Princess Royal, Capt. John W.
Seccombe, were paid off at Devonport on 11Tednes-
day by Mr. J. F. Phillips, paymaster, in less than
an hour. Wm. T. Annes, who belongs to the band,
received a gratuity of £5 ; Wm. Herbert, cooper,
£lO ; C. Jago, saihnaker, £l5 ; M. Newman, able
seaman, £5 ; T. Cook, boatswain's mate, £5 ; W.
Hoskins and W. Perkins, quartermasters, £l5 each;
and J. Greeves, ship's cook, a pension.
In pursuance of the General Order issued by the
Commander in Chief, granting permission to the
troops to absent themselves to join in harvest work,
the Commandant at Woolwich yesterday made
known that "if application is made for assistance
in harvesting, good characters may apply for leave
for the purpose."

During the week the sth Dragoon Guards have
been moving in detachments from Dublin to Liver-
pool. Yesterday the fourth and last detachment,
consisting of 9 officers and 99 men, and 116 horses,
under command of Col. the Hon. S. G. Calthorpe,
arrived at Liverpool and proceeded to their destina-
tion. On Monday next the 81st Regt. will embark
at Liverpool for Dublin.

vince, compiled. from information obtained by the
police. This is 'the first paper in the series of what
are really dig vital statistics of Ireland. The
number of acres under other crops and the number
of live stock will. soon be ready for publication, and
we shall probzOly have a foretaste of them as
usual at the amsnal banquet of the Royal Agricultu-
ral Society. From this return we learn that the flax
crop covers 253,105 acres this year. Last year it
covered 263,507 acres. There is a decrease, there-
fore, to the extent of 10,402 acres in the area devoted
to the crop throughout Ireland. From a closer exa-
mination of the figures it appears that the falling off
has been almost entirely in Ulster. The number of
acres of flax in that province in 1866 was 245,356,
while this year it is only 234,491, showing a defi-
ciency of 10,865 acres. In the prov:nca of Munster
the numbers stand thus:—ln 1866 there were 4,170
acres; in 1867 there are 3,250, being 920 less. In
Leinster and Connaught, on the other hand, there
has been a slight increase. In 1866 the crop covered
7,262 acres; this year it covers 8,050 acres ; an
increase of 788 acres. Iu Connaught the number
of acres under it last year was 6,719, while this year
it is 7,314, showing au increase of 595 acres. In
Ulster there are 1,393 scutch mills, in Munster 39,
in Leinster 19, and in Connaught 32. If we go
back for some years we find extraordinary fluc-
tuations in the crop. Beginning at 1851 we
have 140,536 acres under cultivation ; in 1852,
137,008; 1853, 174,579 ; 1854, 151,403 ; 1855, a
descent to 97,075; 1856, a slight advance to 106,311;
1857, another fall to 97,721 ; 1858, to 91,646; 1859,
a reaction, and the figure rose to 136,282 ; 1860,
128,595 ; 1861, 147,957 ; 1852, 150,070 ; 1863,
214,099 ; 1864, 301,693 ; 1865, 251,433 ; 1866,
263,507 ; 1867, 253,105. It will be seen from the
above figures that the decrease this year, though it
may seem large at the first view, is comparatively
very small, and when it is remembered that during
the American war an extraordinary impetus was
given to the linen trade of Ulster, there will be less
occasion for wonder that the extent of the staple
crop has to any extent diminished than that the
trade has sustained so large a share of permanent
advantage, and that its stability has been so little
affected by the sudden collapse of the civil war. The
fact is, that by the energetic perseverance and enter-
prise of the Ulster manufacturers, new outlets for
the surplus stock have been opened, and the trade
has continued steadily to prosper. The slight im-
provement in the acreage of Connaught and Leinster
is also a hopeful sign, but the want of scutch mills
and of markets is sadly felt.
Lord Hastings, son of the Earl of Huntingdon,
has strengthened the ties which bind him to Ireland
by a matrimonial alliance with a daughter of the soil,
Mary Ann Wilmot, only child of the Hon. Col. and
Mrs. Westenra, of Shanavogue, King's county. The
ceremony was performed yezterday in presence of a
distinguished assembly at Ettagh Church, Roscrea.
There was of course a splendid dclettner and a ball
in the evening.

MR. JUSTICE SHEE ON ELECTION

RIOTS.

At the opening of Gloucester assizes, the charge
to the grand jury was delivered by Mr. Justice Shee,
who referred to three men and a boy committed for
taking part in the riot at Dursley on the day of the
declaration of the poll for West Gloucestershire.
His lordship said : " The case renders but few ob-
servations on my part necessary. It is a charge of
riot and assault against four persons on the 31st of
last month, the day of the declaration of the poll
at Dursley for the last election for this county.
Now, gentlemen, I need not tell you that a riot
is a tumultuous disturbance of the peace by
three persons or more assembling together
on their own authority, with an intent
mutually to assist one another against any one
who shall oppose them in the execution of some
enterprise of a private nature, and afterwards
actually executing the same in a violent or turbulent
manner, to the terror of the people. Whether the
acts alleged in this case were lawful or unlawful, the
assembly WAS lawful. But yet, if three or more
persons, being thus lawfully assembled, did con-
spire and confederate together to do some act of
a private nature, to effect some private object,
or enterprise, in a violent and tumultuous manner,
no doubt they would be guilty of a riot if they
carried that conspiracy and confederacy into
effect. Now, the private object and enterprise
which the prisoners in this case are alleged to
have had in view was the object of insulting,
annoying, and assaulting two gentlemen of position
in this country. It was an object unhappily dis-
gracefully extended in a brutal and most offensive
manner to the ladies of the family of one of those
gentlemen in question. Intending to assault the
two gentlemen in question—for some reason or
other, of which I have not the smallest idea, and
which I do not care to inquire about—who were
unpopular in that crowd, the refuse of recently
slaughtered animals and a quantity of eggs
and stones were thrown at them. The police
officers say that what was done by the four per-
sons was calculated to excite uproar and alarm.
That, of course, we know would be a necessary
ingredient of the offence of riot. Whether they
thought more of what occurred before their eyes on
account of the great respect which they entertained
for the persons who were assaulted, or not, it will
be for you to determine. At general elections a
good deal of license does take place, which rarely
ends in indictments for riots, though certainly vio-
lence is of ten exercised upon persons in somewhat
inferior stations. The position of those on whom it
was exercised in this case may in some degree ac-
count for persons taking an active part in bringing
the offenders to trial. Probably if a little more time
had elapsed it might not have been thought neces-
sary to prefer these indictments for riot. I cannot
help saying that it would have been as well if, as in
one case on the same occasion, the magistrates had
inflicted a fine on the persons who were guilty of
the assault. However, all these matters are for
your consideration. The great advantage of a
grand !jury is, that they are in a position, by rea-
son of their station and the respect and confidence
which they enjoy in a county, to mediate be-
tween the parties, particularly during the
heat and excitement and license of a contested
election. The legal difficulty seems to me that
the acts were done in so short a time ; there was
hardly time for persons who were undoubtedly as-
sembled upon a lawful occasion to conspire and
confederate together to commit the assault upon
the two gentlemen who were attacked. It is rather
to be regretted that so soon after a contested elec-
tion a matter of this kind should come before a
judge and grand jury ; and I cannot help saying
that it would have been as well if the matter could
have been deferred to the next assizes,
when all
I parties would have had time to cool."

CRUELTY TO CIIILDREN.—At the Truro Board
of Guardians on Thursday the Rev. J. Perry brought
before
the notice of the Guardians the case of a woman,
with five children, living in the parish of Perranzabuloe.
It appears that about three years ago the woman's hus-
band died, leaving her with four children unprovided for,
and up to about two months ago she had been in receipt
of Gs. a week from the Union. At that time, however, she
gave birth to an illegitimate child, upon which the relief
was stopped, and the woman was offered the workhouse.
She refused to enter the house, and went out daily to
work, leaving her children locked up in a room without
any furniture, and having one old shawl as the only article
of clothing among them. The oldest child was eight years
old. They were frequently without food all day, unless
the neighbours, who were themselves very poor, took
compassion on them. The Guardians decided that the
woman should again be "offered the house," and if she
refused it she should be brought before the magistrates on
a charge of cruelty to her children.
SUICIDE IN WINDSOR GREAT PARIC.—A domestic
tragedy has just occurred in Windsor (3-reat Park.
An old soldier named Wm. Wells, aged 63, lived with his
wife in the village of Spite], near Windsor. The couple,
it would appear, had many disagreements, and lived some-
what unhappily. Wells, too, had frequently threater ed his
wife, and for one of these offences was committureties for
ed to pri-
son for a year, in 1864, in default of finding s
his good behaviour for that period. On Tuesday his wife
applied to the magistrates' clerk, and Mr. Inspector Reeve,
of the Becks constabulary, with a view of obtaining some
protection from her husband. Whether Wellsbecame aware
of this has not been elicited, but about half-past 3 o'clock
on the afternoon his body was found in a ditch in the
Groat Park, near a small bridge, from which it had, it is
said, dropped, the handkerchief with which the deceased
had hung himself from the rail having given way.

7HE MINERAL WEALTH OF THE
UN]? ED KINGDOM.

We are favoured with the sheets of the " Mineral
Statistics" for 186 G, which will, in a few days, be
issued from the Mining Record-office in the
Museum of Practical Geology. In the ." Notice"
by Sir Roderick Murchison, the Director-General,
which introduces the labours of Mr. Robert Hunt,
especial attention is drawn to " the continual in-
crease in the production of coal, notwithstanding
the depression which has been felt throughout the
year in many manufactures, and especially in that
of iron." This is really a point worthy of close
attention. The quantity of coals produced in each
of the last four years has been as follows :--

Tons.
1863 88,292,515

Tons.

1861 ... 92,787,873 increaso 4,495,358
1865 ... 98,150,587 „ 5,137,145

1866_ 101,630,543

3,479,95 G

We find upon examination that our exportation
of coals in 1866 was 782,631 tons in excess of that
of 1865. We have therefore to account for two
million and a-half tons, which have been consumed
in this country during a period of extreme manu-
facturing depression, in excess of the consumption
of the previous year. These returns inform us that
there was a falling off in the manufacture of pig
iron to the extent of more than 290,000 tons,
the production of which would have consumed
nearly a million tons of coal. We find, how-
ever, upon examination, that there has been a uni-
formly increased consumption of coals over every
part of the country, and all the returns of "rail-
way distribution " being considerably in excess of
former years. To our steadily increasing popula-
tion, and to the enlarged means of a great majority
of the people, enabling them to enjoy more of the
comforts of life, may be referred this increase in
the consumption of coal, at a period when manu-
facturing depression would lead us to expect a con-
trary result.

The large quantity of coal raised in 1866 was
obtained from 3,188 collieries, and the great deve-
lopment of coal mining is shown by this fact that in
1857 there were but 2,815 collieries in active opera-
tion.

InoN.—The quantity of iron ore produced in this
country last year was 9,665,012 tons. This was
smelted in 613 blast furnaces, and of pig iron we
produced :
Tons.
In England „. 2,576,928
In Wales 959,123
In Scotland 994,000

Total of Great Britain 4,530,051

Of this pig iron we exported 497,138 tons, re-
serving more than four million tons for conversion
into merchant iron. These returns inform us that
there were 256 ironworks in activity in 1866, in
which there were 6,239 puddling furnaces and 826
rolling mills.
The proportions in which the iron ores of this
country were used in our furnaces is given as
follows :

Argillaceous and black band carbonates 42 per cent
Cleveland stone ••• 28 71
Lancashire and Cumberland red ores ... 15 „
Brown ores ...............1. ,7
Spat hie Carbonates 2 ~

TlN.—The year 1866, Mr. Robert Hunt intimates,
was so disastrously remarkable in connection with
tin and copper mining, that a more than usual close
examination of the condition of the mines of Devon-
shire and Cornwall was considered necessary. The
lists of mines given in the " Appendix to the
Mineral Statistics" show that at the end of 1866
more than 300 mines had been suspended which
had been within the few previous years in full work.
This necessarily threw a large number of miners
out of work, and it appears that more than 7,000
Cornish miners emigrated.
The production of tin ore in 1866 was 15,080
tons, and the mean average price for the year was
£4B 10s. 9d. per ton ; whereas the production of
1865 was 15,686 tons, and the mean average price
of the ore was £55 6s. per ton. The consequence
of this is a depression from which, under favourable
circumstances, it will be long before our western
mining counties can recover. Some important tables
showing the progress of the Dutch tin trade since
1855 are given. From these we learn that the
Island of Banca produced in 1866 158,626 slabs of
tin, and that of Billiton 33,000 slabs (1,000 Baum
slabs weighing from 33 to 34 tons).
COPPER.—There were 174 mines in these islands
producing and selling copper ore in 1866. These
produced of copper ore 180,378 tons, valued at
£759,118, from which we obtained metallic copper,
11,153 tons, valued at £1,019,168. This shows a
considerable falling off in the produce of copper
mines. During the year there was an increase of
more than 7,000 tons in the copper ore and regains
imported ; of this Chili alone sent us nearly 56,000
tons.
LEAD AND SILVER.—There has been but little
variation in the production of these metals from
our mines. In 1865 our lead mines
gave 90,452
tons of lead ore, yielding 67,181 tons of lead and
724,856 ounces of silver. In 1866 we mined
91,047 tons of lead ore, producing 67,390 tons of
lead and 636,188 ounces of silver. The silver given
in 1865, it is explained, is in excess of the real
quantity obtained, many mines having returned
the silver contained in the ore, which was not
eventually separated by the smelter, since when the
lead contains less than four ounces to the ton it
does not pay for separation. The quantity given
this year is the quantity actually produced, as nearly
as this can be ascertained.
GOLD.—Our gold mines in North %Vales produced
2,927 tons of auriferous quartz, from which 7430 z.
of gold were obtained.
Of the other metals nothing need be said beyond
the statement contained in the following summary
of the minerals raised and the metals produced in
the United Kingdom in 1866 :

--- - _
MINERALS.
Estimated value at place
M.i.11."311051,r633i5°0,5d4.4 tons ... £25,4077635
of production.
Coals
Iron Oro 9,665,012 „ '"
3,119,093
Tin ... 15,080 „ 731,946
..•
Copper ... 180,378 „ 759,118
•.•
Load 4.• 91,047 „ 1,161,223
..6
42,655
•••
Zinc 12,770 „ 4.11/
77,932
71
Pyrites ... 135,402 •••
METALS.
Iron ... 4,530,051 tons ... £11,326,127
Tin ... 9,990 „ ... 885,363
Copper ... 11,153 „ •.. 1,019,168
Lead ~. 67,390 „ •.• 1,381,509
Silver ... 636,188 ounces ... 174,951
Gold 743 7, 2,656
•.. ...
Zinc ... 3,192 tons ' ... 69,916
The total value of our mineral productions for the
year 1866 will be, according to 31r. Robert Hunt's
return and estimate :
Metals obtained from the ores raised from
£14,951,695
the mines of the United Kingdom f
...ro-
Coals —estimatedprice at the place 25,407,635
o p
duction ... .. ... ... ...
Earthy Minerals (not inclsding building
"'... ... ... 1,350,
stones) ... 000

211,712,330

SHIPPING INTELLIGENCE.—This Day.

QUEBEC, Aug. 14.

The Peruvian arrived here to-day.
PLYMOUTH, Aug. 17.

The barque Beaumont arrived in the Sound this morn-
ing, having iu tow the brigantine Silver Lake, Captain
Johnson, from Swansea, for St. Thomas, which lost both
her topmasts in a gale on Thursday.

THE WEATHER IN YORKSHIRE.-MALTON3 Fri-
day.—During last night the heaviest rainfall ever regis-
tered here took place, the fall for the whole 24 hours being
1.70 inches. The great fall was between 8 p.m. and 5 a.m.
There being no wind the rain came steadily down, and the
crops in consequence are not nearly so much laid as was
anticipated. To-day there is a brisk wind and rising baro-
meter. The crops have dried rapidly, and the laid corn
will mostly be got up little injured early in the week.
THE PUBLIC PARK AT HALIFAX. Sir F.
Crossley, Bart.; who in 1857 presented to his fellow-towns-
men a People's Park, which cost £30,000 (subject only to
the payment of the amount necessary for its maintenance
in good order), has commemorated the tenth anniversary
of the opening by presenting to the town of Halifax a sum
of £6,300, the interest of which will provide sufficient
funds for payment of the salaries of the park-keepers and
the other expenses, and the park thus becomes the unre-
stricted property of the town for ever.

SPORTING INTEL LIGENCE—This Day.

VICTORIA CLUB BETTING—Tars DAT.

The attendance was not a large one, nor were the
transactions of a heavy nature. The Ebor Handi-
cap was made the medium of most speculation.
There appeared no great disposition to back Brada-
mante, who however was nominally first favourit e
at 5 to 1, while 6 to 1 was so freely accepted about
the newly named Goodwood that at the close that
price was not obtainable, 5 to 1 being the current
offer on the field. Challenge was friendless at 12
to 1, there being an evident disposition to support
him for the Leger to be in the first three, for which
event the general impression seems to be that he
will be reserved. The other prices are appended, but
they were accepted to small amounts. Marks-
man, said only to have been walking this week,
was in bad odour for the Leger; fifteen ponies were,
however, accepted about him, but an offer to bet
even money against his running failed to find a
taker. 2 to 1 would have been readily accepted
about Hermit had it been obtainable. The prices
are appended :

BBOR HANDICAP.
sto 1 agst Bradamante (offered)
6 to 1 agst Goodwood (taken freely)
10 to 1 agst Beeswing (taken)
12 to 1 agst Challenge (offered)
100 to 8 agst Ailesbury (taken)
100 to 8 agst Fairwiud (taken)
100 to 6 agst Seville (taken)

ST. LEGER.
7to 4 agst Hermit (offered—take 2to 1)
3to 1 agst Vauban (taken and offered)
11 to 1 agst Achievement (taken)
15 to 1 agst Marksman (taken)

JOHN STIRK,
25, WELLINGTON-STREET, STRAND,
Executes Commissions on all the races to any amount.
The full market odds laid.
Price list daily.

Ma. GEO. IVEun executes commissions, by letter only,
at his residence, 125, Queen's-crescent, Haverstock-hill,
and has lists posted daily at the City Arches ; also through
his Agent, Mr. F. Butler, near Meux's Brewery. No con-
nection with any other person using the same name.