The Sun.
London, England, 1866-01-19 00:00:00

THE SUN, LONDON, FRIDAY EVENING, JANITARVI 19, 1866.

LAW INTELLIGENCE*•---This Day.

COURT OF QUEEN'S BENCH.

(Before Chief Justice Cockburn and Justices and
Blackburn and Mellor.)
BRYANT V. FOOT.

Mr. Mellish this morning resumed his arguments
in this case, which has been pending since 1863.
It came before the court as a special case, the ques-
tion to be decided being what was the legal fee, if
any, payable to the clergyman for performing a
marriage ceremony in the parish of Horton, in the
county of Bucks. The declaration charged that the
defendant, who is rector of the parish, refused to
marry the plaintiffs, and the defence was that they
refused to pay the usual fee of 13s. 4d. for the rector
and clerk. The parties got into some complicated
pleadings, and when the matter was brought before
Mr. Justice Blackburn he ordered them to be
struck out, and in their place a special case as to
what was the legal fee for a marriage in the parish
of Horlow was directed to be argued before the
court. Mr. Mellish contended, for the plaintiffs,
that the law was perfectly clear that a clergyman
had not a lien on his fees, but that he must per-
form the service first, and when he had done that,
then demand his fee, and, if not paid, he must sue
in the Ecclesiastical Court for it. His main objec-
tion was that the fee was too large, and that it was
impossible to believe that it had existed from time
immemorial. The value of 13s. when Richard the
First returned from the Holy Land was equivalent
to £2O of the present money of the realm, and it
was therefore absurd to say that it had
existed at that sum ever since the time
when legal memory commenced. There were,
unfortunately, cases in the agricultural
districts where this enormons fee actually prevented
parties going through the marriage rite ; and there-
fore, although that did not touch the main point, it
was only another circumstance which showed the
impolicy of fixing the sum at such a figure. When
fees were established for marriage under the 6th and
7th of William IV., in the registration offices, the
Legislature fixed is. for notice, which was equiva-
lent for banns, and 10s. for marriage by licence,
and ss. otherwise, and it was unreasonable that the
fee claimed at Horton should be equal to two
weeks wages of an agricultural labourer. He was
of opinion that the fee was an uncertain one, and
that it was bad, and could not be maintained. The
learned gentleman having concluded his argument,

The Court said it would take time to consider its
decision.

THE QUEEN V. WINSOII-THE WHOLESALE CHILD

MURDERERESS.

Chief Justice Cockburn, seeeing the Solicitor-
General in court, said there was the case of the
Queen against Winsor standing on the paper, and
he did not think it ought to be indefinitely post-
poned.
The Solicitor-General said he had communicated
with Mr. Folkard, the counsel for the defendant,
and he hoped the case would have been ere this
disposed of. Circumstances, however, had trans-
pired which had prevented it.
Chief Justice Cockburn said the case could be
taken next Wednesday or Thursday.
The Solicitor-General said that would be incon-
venient to him as he had to appear in the Banda
prize money case on that day.
It was eventually fixed that Winsor's case should
be taken on Saturday week.
The point to be argued, it will be recollected, is,
whether the prisoner can be put in peril twice for
the same offence. The i"Judge, at the first trial
discharged the jury, who could not agree as to their
verdict when she was indicted for murder, and a
new trial was had, the prisoner found guilty of wil-
ful murder, and sentenced to death, but her counsel
altogether objected to the legality of the second trial.
Sentence, however, had been respited until the
point now before the court is decided.

COURT OF DIVORCE.
(Before Sir J. P. Wilde.)
TODD V. TODD.

This was a suit by the wife for a dissolution of
marriage on the ground of her husband's adultery
and disertion. The respondent was permitted by
the court to appear and answer a considerable time
after the petition had been filed on him, and he
traversed the allegation of adultery.
Dr. Spinks and Mr. Price appeared for the peti-
tioner, and Dr. Tristram for the respondent.
From the opening of counsel it appeared that the
respondent held a situation of £5OO a year on a
plantation at Assam, in which ho held a share.
The marriage took place in London in October, 1861.
The parties had been engaged for some time, but the
marriage was opposed to the wishes of the lady's
parents, with whom, however, a reconciliation was
effected, and they were on friendly terms with the
respondent shortly after the marriage. The re-
spondent and the petitioner went to Calcutta, and
very shortly after their arrival there the conduct
of the respondent to his wife became very strange,
and he openly avowed that he had loved her at the
time of the marriage, and that he made her
his wife entirely from a sense of honour, as
they had been engaged. He subsequently
stated that he loathed her, and ultimately sent
her to her parents in England, with whom she
at first resided, but afterwards removed to Franco
and Germany, with a view to perfect her in the
languages of these countries. Before the separation
the respondent settled an allowance of £l2O a year
on his wife. It further appeared that in 1864 the
respondent was living in London and Paris, and it
was discovered that he was then living in adultery.
The petitioner was afterwards induced to commence
the present proceedings.
(The case was not concluded when we went to
press.)

POLICE INTELLIGENCE.—This Day.

-.0.-

MARLBOROUGII-STREET.

A SON COMMITTED FOR ASSAULTING HIS MOTHER.
—John llardy, about 30 years of age, described as
a labourer, was charged before Mr. Knox with vio-
lently assaulting his mother by striking her with a
chair. He was further charged with stealing two
chairs, the property of his father, but that charge
was not pressed.
Mrs. Johannah Hardy, the wife of a clerk,
residing at 29, Charles-street, Middlesex Hospital,
said that yesterday the prisoner, who was her son,
came to the room and took away her looking-glass.
She went out to look for a constable, and on her
return saw the prisoner coming out of the house
with two chairs on his head. She went up to him
and told him they were her chairs, when the pri-
soner—she having a baby in her arms at the time
—struck her on the head with the chairs in a violent
manner, knocking her down, and she had to go to
the hospital to have her head dressed. The prisoner
had threatened to murder them ; and, although they
gave him a share of eyerything they had, he treated
them very cruelly.
James Dawson, a porter, residing at 21, Berner-
ton-street, Caledonian-road, said he saw the priso-
ner knocking in the door in a violent manner.
A constable proved taking the prisoner into cus-
tody, and hearing him threaten at the station to do
for his father.

Mr. Knox said he seldom heard anything which
filled him with more disgust and horror than the
present case. It was a case to be dealt with with
severity, and he should commit the prisoner for six
months, with hard labour.

was alone responsible for the still, and had been
working it ever since it was erected.
The prisoner said that what the officer had
stated was perfectly right. He was out of work,
and was told if he was detected he would not be
imprisoned, and that only the still and utensils
would be seized.

Mr. Pargiter was recalled, and said the spirits
seized had been manufactured from molasses wash.
The stuff was hawked about the sea-coast and in-
land towns and villages as smuggled brandy. It
was not rectified.
Mr. Paget said he had no alternative but to fine
the prisoner £3O, and in default to be imprisoned
for three months and kept to hard labour.

TIEIRD EDITION.

SUN OFFICE, 7 o'CLocK.

LONDON GAZETTE—This Evening.

ADMIRALTY, JAN. 16.
George David Maclaren, Esq., has been this day pro-
moted to the rank of Deputy Inspector-General of Hospi-
tals and Fleets on.the Retired List.

Mr. Michael Harris has this day been promoted to the
rank of Acting Engineer, with seniority of 16th January,
1866, Mr. Harris' promotion to the rank of Acting Engi-
neer' with seniority of 24th May, 1864, having been can-
celled.

The Casual Poor in Lambeth Workhouse.

At the meeting of the vestry of the parish of St.
Mary, Lambeth, held at the Vestry Hall, Kenning-
ton-green, last evening, and presided over by Mr.
Robert Taylor,
Mr. GEORGE HILL called the attention of the
vestry to statements which had recently appeared in
some of the newspapers respecting the treatment of
the casual poor in Lambeth Workhouse. These
statements having been circulated throughout the
country, Lambeth Workhouse had become the sub-
ject of general comment, and he considered that the
sooner the matter was explained, and an answer
given to these statements, the better it would be for
the parish authorities and the credit of the parish at
large. In order, therefore, to give the guardians
an opportunity of explaining, he would ask them, in
the first place, whether there was such a casual ward
as that described by the writer in the newspapers.
Secondly, whether the baths were in such a filthy
state as he described ; and, thirdly, whether there
was that want of superintendence which he com-
plained against.
Mr. ItnonEs, one of the guardians, stated in reply,
and as the result of inquiries he had made into the
matter, that the statements .Mr.llill had referred to
were very much over-coloured, and in many points
devoid of truth. The area on which the workhouse
stood was entirely built over, and there was conse-
quently no room for the extension of the premises.
The guardians had, however, in the terms of the
Act of Parliament, fitted up two casual wards, one
for males and another for females—the former ca-
pable of accommodating 31 men, and the latter 30
females. These wards are fitted up in the most
comfortable manner, with fire and gas, and having
beds separated from each other. There were three
warders attached to each ward. They had been
highly approved of by the Poor-law inspector, and
certified by him. The baths were immediately
below these wards, and there was a stair covered
with matting leading up from them to the men's
ward. On the night in question, the Bth
of January, there happened to be a much
larger number of casuals requesting admission than
on previous occasions. There were, he believed, as
many as 64 men and boys, while the new casual
ward could only accommodate 31. In this emer-
gency the shed, or what was called the crank yard,
was had recourse to. It was made as comfortable as
circumstances would admit of, and the floor being
stone a platform of wood was erected for the parties
to sleep on. Coverings were given them in theshape
of four rugs to each, two of these being sewn toge-
ther, and 74 shirts were distributed among the 64
casuals, which showed that no one could have been
without one. In regard to the state of the baths,
they were at present under repair, and the paupers
had to carry the waterin pails for the supply of them,
which was no easy matter, but he was assured there
was nothing filthy to be seen about them unless it
had been the scum of the soap on the water, for
they did give those parties soap to wash themselves
with. There were three warders who had charge of
the casual wards, but all the warders in the house
could not prevent those parties from. talking obscene
language. They might, however, state that the guar-
dians had given up the use of the shed, and had re-
solved on hiring lodgings in the neighbourhood for
the use of the casual poor who might seek admis-
sion, and which they had not accommodation in the
house for. These they had hired at the rate of 4d.
per night.
The Rev. J. F. LINGIIAM, the rector of the parish,
said that in consequence of the statements he had
heard depreciatory of the workhouse administration
he had himself visited it last night, and was prepared
to say, from all that he had seen and the explana-
tions which had been made to him, that the state-
ments referred to were much exaggerated, and in
several instances untrue. He believed that the whole
matter had been got up for sensational purposes,
and was, in fact, exaggerated and over-coloured.
Mr. FRANCE said he had visited the shed in ques-
tion, and could testify as to the account which had
appeared in the newspapers respecting it being true
in every respect.
Mr. D 0 ULTON, M.P., said—The guardians having
complied with the act of last session, and fitted up
two casual wards, which had been highly coin-
mended by the Poor-law authorities, he did not see
what blame was to be attached to them. These
wards were considered largo enough to accommodate
all the casual poor who would seek accommodation,
but the fact was, these wards had been made so
comfortable that larger numbers came seeking ac-
commodation than was ever anticipated, or which
could ever have been anticipated, and in such a case
what were the guardians to do ? They could not
have refused them admission, as if they had they
would have been pulled up before the magistrate
next day. They had done the best thing they could
under the circumstances, and even admitting that
the shed was in the condition in which it had been
described, he maintained that no blame could be
attached to the guardians, as they had no other re-
source. He must,however, say that if in consequence
of the large influx of casual poor seeking accommo-
dation at the workhouse, and for which there was
none, the guardians were to hire lodgings for them,
as they were told they were now doing, at the rate
of 4d. per head per night, it would soon become a
serious matter on the ratepayers. As the act was
very hurriedly passed through Parliament at the
close of last session, he considered that it would be
necessary to endeavour to obtain an extension of it
'1 during the ensuing session.

Mr. GILES contended that the statements which
appeared in the newspapers had been fully borne
out by the facts of the case. In fact, the guardians
had admitted it by discontinuing the use of the shed.
But for these statements they would no doubt have
continued the use of it.
The matter then dropped.

MARKETS—This Day.

MARK-LANE.

The arrivals of English wheat fresh up to our market
to-day were very moderate. Tie trade for good and fine
dry samples ruled firm, at full prices ; but damp produce
was a dull inquiry, at Monday's currency.
With foreign wheat the market was fairly supplied. The
trade was firm for all qualities, and previous quotations
were supported.
Floating cargoes of grain were in fair demand, and prices
ruled firm.

Barley was in fair supply, and the trade for all qualities
ruled quiet, at about late rates.
The malt trade was quiet, on former terms.
Oats were in but moderate supply. The trade, however,
ruled quiet, but at full prices.
Beans and peas met a slow sale, at the late decline in
their value.
Flour was in but moderate request, at late rates.
SHIP ARRIVALS THIS WEEK.
Wheat. Barley. Malt. Oats. Flour.
English and Scotch 770 780 1,390 2910 850
Irish
Foreign 2570 no 5390

820 sks.
3930 brls.

The Insurrection in Spain.

(From the Correspondent of the Times.)
MADRID, Jan. 15.

" Events follow, but do not resemble one another."
History never repeats itself, not because the same
cause could fail to produce the same effects, but
because the causes, however similar, can never be
thoroughly identical. It occurred to me, as it
naturally did to most other persons, to look upon
Prim's military revolt at Aranjuez as a mere repe-
tition of O'Donnell's mutiny at Vicalvaro. There
was and is very great similarity between the situation
of Spain in 1854 and the condition of the country
at the present period. Independently, however, of
the actual merits of the different actors, the stage
itself is essentially changed. We must take into
account the powerful influence which railways and
telegraphs have since the last 11 years placed at the
disposal of the Government. We must consider the
different organisation which has lately been given to
the State ; the changes introduced into the military
system ; the altered disposition of the people. Army
and country have been strongly centralised, distances
have been comparatively annihilated, and modern
contrivances have so much economised time that an
exploit which once required three months must now
be achieved in three days.
There is little doubt but General Prim is in the
eyes of Spaniards a far more popular hero than
O'Donnell was at any time. His valour is of a more
dashing character ; his liveliness and courtesy pre-
sent a favourable contrast to his rival's stiffness
and uncommuuicativeness. But O'Donnell is in
possession, and has on his side all those who have
nothing to gain by a change. From the colonel
upwards the army is under the control of Marshals
who have comfortably feathered their nests. Truly
there is no lack of aspiration and restlessness among
the non-commissioned officers ; but discipline has
been strenuously established, and the steed is tho-
roughly broken, however fretfully he may champ
on the bit. We heard of four generals being leagued
with Prim at the outset ; but Pierrad and Nouvilas
were put out of harm's way, and such officers as
Milans del Bosch, who have been with their chief
throughout, have thrown no other weight into the
scales than that of their sword. The plot in the
various corps was said to be widely spread ; but
O'Donnell had conjured the storm with timely pre-
cautions ; disaffected regiments were displaced or put
asunder, suspected officers removed, the backbone of
the conspiracy broken ; and when Prim, who was all
the time playing with the cards on the table, seeing
all his plans upset, hurried on to a conclusion, it
was found that out of a thousand partisans, only
one—that poor Major Campos at Avila—deemed
himself bound to strike a blow for his leader. For
the rest,. we had and have symptoms of dissatisfac-
tion, of anxious expectation here and there among
the various garrisons, but nowhere an outcry for
Prim, nowhere an outbreak.
The attitude of the people is not greatly different
from that of the army. The discontent is indeed
very general ; there is everywhere a vague, unde-
fined longing for change. Were the public feeling
allowed a free utterance, no' doubt an immense ma-
jority would pronounce in favour of Prim, although
they have but little reason to entertain a high opin-
ion of him ; a change they would like, but not at
the expense of the dangers and sufferings entailed
upon them by a revolution. The Spaniards revolt,
but do not fight. Rather, I should say, they only
cheer on the soldiers who revolt and fight for them.
We have been for the last twelve days looking out
for squalls in Barcelona, in Valencia, in Seville ;
but the expectation was, not that the mob, but only
that the garrisons would rise ; the troops have been
firm, and the populace hardly gave signs of life.
Could a town be brought to venture on an insurrec-
tion, and were it even mighty Barcelona itself, an
isolated fact would have but slight consequences,
and an overpowering force could easily be brought
to bear on a single point in a few days. Of all places
in Spain, Madrid is the least likely to show fight.
With the best materials in the world for barricades,
the narrowest streets, and thickest paving-stones,
the Madrilenos show the least talent in the world
for revolutions. The distress among the lowest
classes baffles description. The summer and winter
have been equally bad seasons for Madrid ; trade is
at the lowest ebb ; not only labourers but clerks and
overseers are everywhere thrown out of employment,
and the men out of work throughout the provinces
never fail to come and swell the ranks of the starv-
ing multitude in the capital. The elements of strife
and bloodshed are rife enough about us ; but there
is something stronger even than want and despair
to keep them down, and that is bodily fear. Their
would-be leaders, the champions of the Progresista
party, have either fled or are hiding; a few are in
the hands of the public force; the noted haunts of
discontent, the hatching nests of plots and 6neittes 1
popular clubs and newspaper offices are closed ; we
have occasional, almost involuntary, attempts at
disturbance at the Puerta del Sol, or at some of the
Lower Quarters. We had a rush of people with
lowered bayonets at their heads in the first-named
locality even last evening ; but as for a regular set
to, it would be madness to look for anything of the
kind on the part of these Madrid people. The Pro-
gresistas and the other Liberal politicians set up
their Retraimiento as a magic watchword. They
shirked a legal struggle in which they were in duty
bound to engage. No wonder the people equally
put their trust in inaction, and leave it to the gods
or the saints to fight their battles.

Abandoned to himself, uncheered by the slightest
demonstration in his favour, Prim can hardly bear
up for any length of time, nor would any prolonged
resistance on his part now avail either himself or his
country. What might have happened had he struck
one great blow and distinguished himself with some
brilliant achievement at the outset it would now be
idle to speculate.
I have givenup all hope of making out the position
of the belligerent parties from the bulletins published
daily in the Madrid Gazette. By all accounts we
ought to be led to the conclusion that the insurgents,
or part of their forces, at least, were yesterday at
Alia, in the district of Caceres, towards the end of
Estremadura ; they were closely followed by Zabala,
and had Echague in front, who showed determination
to cut off their retreat. The probabilities are, never-
theless, that the rebels are striving to reach the Por-
tuguese frontier, and that the Government will not
oppose their exit if it can possibly help it. In the
whole matter of this movement of Prim there will,
in all likelihood, not be a single blow struck, not
one drop of blood shed.
It will be found to have cost not a little, neverthe-
less. The waste inseparable from the march of so
many large columns of troops will be immense ; and
no less considerable the losses occasioned by the stag..
nation of trade and industry, and the discourage..
ment of all useful enterprise. Possibly some
good
may also arise from this as from most other evils.
O'Donnell's Government may be so far strengthened
by their easy victory as to bo able to be magnani-
mous, and to exercise a permanent and thereby a
beneficial sway over the destinies of this distracted
of stability in the rulers may
country. The sense
revive confidence among the subjects. What Spain
requires above all things is peace and security, work
and work's wages. Liberty is a good thing, but
order—real order—is also good. A free Constitution
is a great desideratum, but even with an indifferent
one, education, economy, toleration, and all other
social blessings are to be attained. The greatest
evil that Prim's movement will be found to have in-
flicted upon Spain is the interruption of all real Par-
liamentary labour, the postponement of all salutary
Government measures. The Chambers, it is need-
less to say, have hardly met for the transaction of
any business for the last fortnight. The Minister
of the Finance is, I am told, quite ready with his
Budget, but he has had no opportunity of present-
ing it. Possibly, also, the movement of such
numerous corps may have the effect of somewhat
affecting the correctness of his estimates. The same
Minister is hurrying on the work of the Commis-
sion charged with drawing up the project for a
reform in the Customs duties and navigation laws.
The Commission was sent, or will soon send forth
their interrogatorios, sets of questions by which inte-
rested parties are consulted as to the expediency of
the proposed measures. The eels are being asked
whether they wish to be skinned. A lapse of 40
days is allowed for the answer, Possibly this may