The Sun.
London, England, 1866-05-11 00:00:00

THE SON, LOINDO.N, FRIOAY EVENING, MAY 11, 1866.

aiming. and that with a determination and energy
bich sivow they are in earnest, and consider their
po; ition to by; precarious. We find that the reign-
ing SovCrei'gns of Wurtemburg, Hesse Darmstadt,
Nassau, and Baden, with Plenipotentiaries from
five othe r German States, held a conference on the
Bth insts nt, for the purpose of deciding upon the
concentration of their respective contingents, and
settling upon the strategic positions that it will be
most de: irable for them to take up. The Bava-
rian Diet is to be convoked, in order that it
may vote a credit for extraordinary mili-
tary expenses, and nearly all the men
eligible for military service have been called
out. No one who is at all versed in military
affairs can deny that there is every reason for fear
on the part of these States. Neither of the two
great German Powers is at all likely to respect them,
and the notion of neutrality we know was com-
pletely ignored by Prussia at the commencement of
the disunions which have led to these unfortunate
results. Austria has put herself so forward
in her military preparations that it seems she
entertains no doubt of a satisfactory settle-
ment of affairs. The rumour now afloat that
Austria will consent to give up Venice shows the
peculiar state of things. If it should turn out true,
it would be far the best thing that Austria has done
for years, and could not fail to strengthen her
Government considerably. Altogetherthe aspect of
things abroad is sufficiently alarming, and it is no
exaggeration to say that those concerned in the
struggle, both directly and indirectly, are now so
well prepared that at any moment war may be de-
clared. Indeed the excitement has become so great
in various directions that nothing short of open
hostilities will satisfy the expectations of some or
allaying the irritation of others ; besides so many
ambitious projects are depending for realisation on
the chances of war.

It is unfortunately proverbial that a debate on
Indian affairs speedily empties the House, and cer-
tainly Mr. SMOLLETT'S experience last evening does
not tend to contradict the theory. .'Yet the question
which he brought under notice was one of no slight
importance, and one which not only affects our
Anglo-Indian subjects, but our own commercial
classes as well. The cotton supply is not happily
so momentous a question at the present moment as
it was a few years back, but it is still a matter of
much consequence, and therefore Mr. SMOLLETT'S
motion in reference to the effect of the present con-
dition of land tenure in Bombay and Madras on the
supply of cotton might well have been expected to ex-
cite a little more interest. Mr. SMOLLETT objected
very strongly to the existing system, and declared
that by it the peasantry, on whom the production of
cotton depended, were reduced to the condition of
serfs. The chief point of which Mr. SMOLLETT
complains is the great subdivision of the soil in the
south and west of India ; yet Mr. STANSFELD, in
his reply, showed that there is a good deal to be
said in its favour. In some degree the change
which Mr. SMOLLETT wishes to introduce will be
brought about by the permanent settlement system,
which will tend to accumulate the holdings in
fewer hands. Mr. SMOLLETT in his speech failed
to do justice to the great benefit which all
classes in India are likely to derive from the pub-
lic works now being carried on—the road-making,
the construction of canals, the extension of the sys-
tem of irrigation, &c. The poorer classes will profit
by these undertakings as well as those above them,
since the improvement of the soil must tend to
enrich the cultivator as well as the owner. We
cannot legislate for India piecemeal, and it
would be very imprudent to attempt a sudden
and violent change in a system which on the
whole works well, and to which the people have
become accustomed. The concentration system
advocated by Mr. SMOLLEIT would give rise to a
great deal of injustice towards many of those small
occupiers of whose number he complains, and would
lead to litigation, of which Indians are already too
fond. Mr. SMOLLETT was apparently satisfied with
the opportunity of stating his case, for he subse-
quently withdrew his motion, without having by
any means established the necessity or advisability
for the comprehensive change which he recommends.

CORRESPONDENCE FROM PARIS.

(FROM OUR OWN CORRESPONDENT.)
PARIS, Thursday Evening.

The Moniteur does not contain a word of news
respecting Germany, but it publishes a private letter
from Florence, dated May 6, which gives some par-
ticulars of interest relative to Italy. The letter,
evidently from a writer of influence, states that
most of the Italian cities present a scene of move-
ment and agitation which recalls to recollection the
aspect they exhibited in 1859 and 1860. The an-
nouncement of an approaching war, uncertain as
the event may be, has excited the national mind.
In the southern provinces, at Naples and at Palermo,
the troops who march towards the frontier of the
north are greeted with enthusiastic acclamations.
The feeling in the north, although more restrained,
exhibits itself nevertheless by the enrolment of many
volunteers. Turin and Milan appear to be the
cities which have furnished the greatest numbers.
The Government, on its part, takes very active
measures, and sends in mass towards the Po the
greater portion of the military forces, divided into
four corps d'armee, whose head-quarters will be
established at Plaisanee, Lodi, Cremona, and
Bologna. The two Parliamentary Chambers have
relieved the Government from the administrative
or financial difficulties with which it might meet in
accomplishing a national task, by authorising it,
unanimously (with one exception in each Chamber),
to provide for the necessities of the situation by a
simple decree. The most important exceptional
measures which these necessities have up to this
time required are the forced circulation of
the notes of the National Bank and the loan
of 250 millions, which the Bank in return consents
to grant to the Government at one and a half per
cent. A corps of volunteers is to be raised. In
spite of these warlike measures, it is still affirmed
that diplomacy will prevail with the Court at Vienna,
and that by a Congress, or some other means, war
will be averted. All the armaments and military
precautions have not yet led to any act of provoca-
tion on either side. Austria, after having strongly
fortified all her military positions, seems to assume
an expectant attitude. As to Italy, she feels too
strongly the responsibility she would incur were she
to take the initiative in any act of aggression, to
commit any act of imprudence. The declarations
of M. Rouher, in the name of the French Govern-
ment in the Legislative Body, will contribute to calm
feverish impatience. The statesmen of Italy, and
the great mass of the Italian people, however, rely
more upon, themselves than upon such declarations.
The gravity
f ongrerevai
gevrintty ofhel
nevertheless,
journalss
st,hiet
represent
ortietosnseoni
ts t
hirt notetaotteon
be,ibe n ga
ncaocsinnicleoasmlteaodyf,
ti-
nwe rieteeedn ttlhi
itataitel
y, allau ae
Austria
ssotfi ae n
fioaruri
eitibgsruesshapkoeunolddf
ehdosf
mlbliuctiecisonndbseeifidt
com-
mence on the side of Germany.
In spite of the answer of Mr. Layard in the
House of Commons, some of the Paris papers still
sacyirsc :u—lai on
Gazette fora weeksaid thatpast. the
id
cling to the idea that there will be a Congress to
discuss the differences between Austria and Prussia.
T
The report of a Congress has
had
On
nea the
sth ofh e
extensiveSiec/e
may the Cologne of
a general European Congress was believed in the
badly
best-informed circles, and that England and Russia
•
were earnestly desirous of
,co Sunarryinogf ittitioajnedecaty,
and that the proposition had not been re-
ceiYecl at the Tuileries,

confirmed the news. The Patrie also states that
Colonel Schweinitz, military attachl of Prussia at
St. Petersburg, had been the bearer of a letter to
King William from the Czar of a very conciliatory
character, and favourable to the assembly of a
C on gress."

On the other hand, the Invalide Russe, the Rus-
sian official organ, opposes the notion of a Congress,
on theground that the passions of the people are at
present too much excited in Austria.
The Gazette de Breslau, of the sth inst., says it has
heard from a sure source that an order to prepare
for war reached the 6th corps d'armee on the pre-
vious night.

The Patrie seems to have a stronger belief in the
report respecting the Congress than the other
papers, and remarks that, although Mr. Layard
denied that England had made a proposition for
such an assembly, yet this did not exclude the idea
that some step had been taken with a view to this
result, and that the English Government had taken
" some steps." In further illustration of its belief
in the possibility of a Congress, the Patrie says it
thinks it right to publish the report of the conversa-
tion between Earl Cadogan and Earl Clarendon,
which it received "by means of The Sun, at the
same time as the telegraphic despatch reached it."

A letter from- Berlin states that the man who
attempted to assassinate M. Bisinark is not the son
of the refugee Charles Blind in London, formerly
editor of the .Nouvelle Gazette Rhenane of Cologne.
M. Blind is a man of 40, and has no children. The
real name of the assassin is not yet discovered.
A lady who travelled from Fontainbleau to Paris
on Tuesday gave birth to a son in the railway car-
riage. On arriving at the station at Paris she was
well enough to request one of the railway officials
to accompany herself and child to her residence at
Gros Caillon.

LATEST INTELLIGENCE.

(REUTER'S TELEGRAM.)

ITALY.
FLORENCE, MAY 11.
A modification of the Ministry is about to take
place.
General La Marmora will receive a military com-
mand.

The Minister of Finance has presented his
Budget for 1867 in the Chamber of Deputies.
The Florence papers regard war as inevitable.

AUSTRIA AND PRUSSIA.

CARLSRUHE, MAY 11.

The official Karlsrulu'r Zeitung publishes a letter
announcing that Count Bismarck has declared to
Count Karolyi, the Austrian Ambassador at Berlin,
that he would only accept a solution of the question
of the Duchies from a German Parliament.

BAVARIA.
MUNICH, MAY 11.

The Bavarian Government has, in consideration
of the serious state of political affairs, ordered the
immediate mobilisation of the entire Bavarian army.

The Chambers have been convoked for the 22nd
instant.

THE PRINCIPALITIES.

BUCHAREST, MAY 10.

Signor Visconti Venosta, the new Italian Ambas-
sador to the Sublime Porte was received with enthu-
siastic demonstrations on his journey through the
Principalities to his post at Constantinople.
The Municipalities of Giurgevo, Ibraila, and
Galatz presented him with addresses expressing
their sympathies with Italian unity.
Signor Visconti Venosta replied, thanking them
in the name of Italy.

NEW SOUTH WALES.

SYDNEY, MARCH 20.

Great excitement has prevailed in Parliament on
the State-aid (Free-trade) question. The debate
on the subject has been adjourned after lasting 20
hours.

It is expected that Parliament will be prorogued.

Banquet at the Mansion• House.

-- -

Last evening, according to custom, the Lord Mayor and
the Lady Mayoress entertained her Majesty's Judges and
many of the more distinguished members of the Bar at
dinner at the Mansion-house. Among the guests, nearly
300 in number, were Lord Chief Justice Erle, Mr. Baron
Bramwell, Mr. Justice Keating, Mr. Justice Shee, Mr.
Justice Lush, with their ladies ; Right Hon. Spencer Wal-
pole, M.P., and Mrs. Walpole, Sir Harry Verßey, M.P.,
the Queen's Advocate and Lady Philimore, Hon. George
Denman, M.P., Sir Thomas Henry, Lord and Lady Bury,
Hon. G. W. Lewis, M.P., Sir Thos. Fremantle, Mr. Locke
King, M.P., Hon. G. C. Norton, Gen. Sir W. J. Codrington,
C. 8., Lieut.-General Sir Edward Cust, K.C.H., Lieutenant-
General Sir John Pennefather, K.C.8., Vice-Admiral
Codrington, C. 8., Sir George Bowyer, M.P., Sir John
Simeon, M.P., Sir Patrick O'Brien, M.P., Sergeants Bal-
lantine, Payne, Simon, Pulling, Atkinson, and Robinson,
Mr. Bovill, M.P., and Mrs. Bovill, Mr. Childers, M.P., and
Mrs. Childers, Mr. Thomas Hughes, M.P., Mr. Scholefield,
M.P., Colonel Sykes, Colonel French, M.P., Lieut.-Colonel
Loyd Lindsay, M.P., and Hon. Mrs. Loyd Lindsay, Mr. R.
W. Kennard and Mrs. Kennard, Mr. R. N. Philipps, Mr.
Shirley Brookes, Mr. Beresford Hope, M.P., and Lady Mil-
dred Hope, Mr. Tite, M.P , and Mrs. Tite, Mr. Dyke,
M.P., Capt. Jolliffe, M.P., Mr. Wyld, M.P., Mr. O'Beirne
Mr. Forsyth, Q.C., Mr. and Mrs. George Moore, the High
Sheriff of Kent and Mrs. Farmer Bailey, Mr. H. Pownall,
Mr. R. N. Fowler, Mr. C. H. Mills, Colonel and Lady liar-
riettWarde, Mr. and Mrs. Theodore Martin, Mr. Kemshead,
Mr. Mullens, the Metropolitan magistrates, Mr. W. Leaf,
Mr. W. L. Leaf, Mr. and Mrs. E. Levy, Mr. P. Holt, Mr.
Gassiott, the Master of the Blacksmith's Company ; Mr.
and Mrs. Barnet, Mr. Henry and Mr. Geo. Phillips ; Mr.
and Mrs. Allcroft, Mr. L. Cohen, Mr. and Mrs. H. Smith,
Mr. and Mrs. S. W. Block, Mr. and Mrs. Hawes, Mr. W.
Ashhurst, Mr. Horne, Major Snell, Mr. and Mrs. Penny,
Mr. R. Dawson, M.P., and the Hon. Mrs. Dawson ; the
members of the Court of Aldermen and the Sheriffs, with
their ladies,

The Lord Mayor and the Lady Maysress received the
guests as they arrived in the saloon, and at 7 o'clock the
company sat down to dinner, which was served in the
Egyptian Hall. On the removal of the cloth the customary
loyal toasts were given from the chair.
The LORD MAYOR, in proposing the toast of "the Army,
Navy, and Volunteers," said when they found a Minister of
the Crown stating that. there was at this moment a million
of armed men in Europe it made them feel, they knew not
how soon, the brave army of England might be called on to
maintain its honour and dignity; but he hoped he might be
permitted to express a hope that the sword of England
would never be drawn but to defend her national honour.
Gen. Sir W. Codrington acknowledged the compliment on
behalf of the Army, Vice-Admiral Codrington spoke for
the Navy, and Viscount Bury for the Volunteers.
The LORD MAYOR then rose to propose the toast of the
evening. Speaking of " the majesty of the law," he said, in
its independent, impartial, and merciful administration it
afforded security to rich and poor, gave strength to the
weak, courage to the timid, hope to the down-trodden, and
consolation and protection to all. Among the many privi-
leges of the chief magistrate of the city, ho knew none more
congenial than that of receiving her Majesty's judges within
those walls. It was an ancient and honoured custom, and
he hoped it would bea perpetual one. He gave "Her Ma-
jesty's Judges," coupling with it the name of Lord Chief
Justice Erle, whom ho designated as one of the most able,
learned, independent, and impartial members of the judicial
body.
The toast was drunk with acclamation.

Lord Chief Justice ERIE, in acknowledging the compli-
ment, said he was happy to be able to reciprocate most cor-
dially all the expressionsthe Lord Mayor had been pleased
to use towards the judicial body. They were thankful for
their kind reception at that hospitable board, for the noble
words ho had addressed to them in reference to their duties,
and for extending his invitation to the ladies who accom-
panied them there, and whose presence enhanced their sa-
tisfaction. For the judges of the land, whom he had the
happiness to know so well, he felt great admiration. He
believed there never was a body of men whodevotedthem-
selves with more untiring energy to the discharge of their
duties, to administer the laws firmly, but beneficially, and to
promote the permanent welfare of their country. He believed
too there never was a country in which the people enjoyed
important sights in such calm and comfortable security
under the protection of the law. The judges knew that their
exertions would be useless if the laws did not live in the
affections of the people. He bad great satisfaction in refer-
ring to the magistrates of the corporation of London and
to the officers in its high departments, and he looked back
to all his official intercourse with them with high respect
and with grateful feelings.
Mr. WALPOLE, M.P., speaking to the toast of " the House
of Commons," which had been proposed from the chair,
said it was the oldest, wisest, and greatest representative
assembly ever known in the world, and it afforded the
greatest satisfaction to be complimented by the represen-
tative of the oldest mercantile community the world had
ever known. There were three circumstances connected
with the occasion which characterised at once the glory, the
greatness, and the confidence of England, and these were
commercial industry, judicial independence, and political
freedom. With respect to that commercial industry he
trusted it would continue to flourish in this city as it had
always flourished for centuries and centuries unimpaired—
perhaps he might be permitted to say, in these times of
troublous doubt and anxiety, unimpaired by reckless specu-
lation--(hear, hear)—and still more unimpaired by still
more reckless ambition and war. (Cheers.) He trusted,
whatever might be the result of passing events, the City of
London, with its great mercantile interests, would never
wear a more lowering aspect than it did now. Of the
judicial independence of the Bench ho spoke with perfect
confidence, but the extensive learning, the cultivated in-
telligence, the high-minded integrity which had always
characterised the administration of justice in this country
would not be lessened in the hands of those able Judges
who now sat at the table of the Lord Mayor. With re-
spect to the last point he trod, perhaps, on delicate ground.
They all knew that in one sense the House of Commons
was at this moment on its trial, but ho had such confidence
in the good sense of that house and of the country that he
firmly believed it would como out of that trial, as it had
come out of former trials ; that they would find, whatever
might be the result of the changes it was now likely to
pass through, it would still be the true exponent of the
feelings and wishes of an intelligent people, bound to that
people by the closest ties of sympathy and interest, and
determined to promote the public welfare, and that the
future career of that great assembly would be as distin-
guished as that which had immortalised its past history.
(Cheers.)
The Lord Mayor then gave " The Bar of England," to
which Sir Robert Phillimore, the Queen's Advocate, re-
sponded., The "Health of the Lord Mayor," at the instance
of Lord Chief Justice Erie, was drunk with great cor-
diality; and that of the Lady Mayoress having been pro-
posed by Mr. Baron Bramwell in graceful terms, the cora-
-1 Pany reputed About 11 o'clock.

LAW INTELLIGENCE—(This Day).

SHOREDITCH COUNTY COURT.
(Before Mr. Dasent.)

EXTRAORDINARY AND DARING FRAUD.-A LEGAL PUZZLE.

COCKERELL V. GARRETT.

This was an action in trover to recover the value of
certain goods in the possession of the defendant, and the
facts of the case disclosed one of the most extraordinary
and daring systems of fraud ever brought to light.
Mr. Coles appeared for the plaintiff, a glass and china
dealer, of Spitalfields ; Mr. Horace Earle, representing de-
fendant, who is an auctioneer, of 195, Hackney-road.
It appeared that a short time ago a person named
Gardner, who was a stranger to the plaintiff, called at the
s .p and selected articles to the extent of nearly £lO. He
desired that the goods should be sent to 155, Hackney-
road, with a bill and receipt, and he would pay for them
either by a cheque or in cash. Indeed, he went so far as
to ask plaintiff which ho would prefer, a cheque or the
cash, to which plaintiff replied "cash," but if a cheque
was intended it must not be crossed. It was arranged
that the goods should be at 155, Hackney-road, by half-
past three in the afternoon, and plaintiff's man started with
them in a truck. He could not find No. 155, and as he was
looking about him, Gardner came up and said that he was
behind his time. Plaintiff's man replied that he could not
find 155, whereupon Gardner said, "I did not give that
number. I gave 195." The truck was then drawn up to
195, and Gardner walked into the house as if it belonged to
him. He directed the man with the truck to unload the
goods, and asked him for the receipted invoice. While the
man was unloading the goods, Gardner took a small fancy
musical box, and remarking that he was just going to cross
the road in order to put it in the window of a toy-shop
opposite, walked away. After being about a minute in the
toy-shop, he c'tme out, recrossed the road, and suddenly
disappeared, neither the plaintiff nor defendant hearing or
seeing anything of him to this day. The plaintiff's man
waited patiently for some time, and then walked into the
house, and asked for Mr. Gardner. The servant told him
he knew no such person, and subsequently defendant told
the man that he had advanced £3 15s. upon the goods to
Gardner, who had coolly represented himself as a manu-
facturer requiring assistance.' When plaintiff heard where
the goods were he applied for them, and upon defendant's
refusal to give them up brought this action.
It was urged on the part of the plaintiff that a person
was entitled to sue the holder of stolen property, oven sup-
posing that he had taken no steps to find out the thief ;
but Mr. Earle contended that in this case the property was
not stolen, as there had been an absolute sale to Gardner,
who even now hold the bill and receipt.

His Honour said that no doubt Gardner had been morally
guilty of a fraud upon both plaintiff and defendant, for
which one or both would have to pay. Gardner appeared
to be a person who had closely studied how far he could go
with impunity, and he just went to the extreme point and
there stopped. His Honour had no hesitation in saying
that there were some unprincipled men who know more of
the law governing cases of this kind than any judge in
the land, and tradesmen could not be too careful in their
dealings with strangers. Looking at all the facts of the
case, he thought the loss ought to be divided, neither side
to have any costs.
Mr. Wilson, the registrar, directed that the hearing fee
should be returned, and the order then stood that plaintiff
was to have back his goods upon paying £1 17s. 6d., or
half the amount defendant advanced to the absent Mr.
Gardner.

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

A BRACE OF SCOUNDRELS.—George Bennett and James
Smith, two well-dressed fellows, were charged before Mr.
Knox with the following disorderly conduct :
Police-constable Wood, 202 C, said that about half-past
one that morning he saw the two prisoners rush out of the
urinal in Vine-street, fighting, and Bennett tried to strike
the other with a stick. He then took them into custody.
Inspector Harrison said he believed Gordon, 33 C,
could throw a little light on the case.
Gordon said the prisoners belonged to a gang of men
who frequented urinals for the purpose of extorting
money from gentlemen. He believed that they had got
some money from a gentleman, and could not agree about
the division of it.

Inspector Harrison said there had been numerous com-
plaints of persons of the prisoners class.
The stick found on Bennett was handed to the magis-
trate, and was found to be loaded at one end.
Mr. Knox said he should require the prisoners to find a
surety of £5O each to keep the peace for three months.