The Sun.
London, England, 1866-07-06 00:00:00

THE SUN, LONDON, FRIDAY -EVENING, JULY 6, 1866.

LAW INTELLIGENCE—This Day.

VICE-CHANCELLOR'S COURT.
(Before Vice-Chancellor Wood.)
THE UNITED STATES OF AMERICA V. PRIOLEAU-JUDGMENT.
Vice-Chancellor Sir. W. Page Wood delivered judg-
ment in this case, which raised an important question with
regard to international law. The United States Govern-
ment had filed a bill to recover from the defendants, who
are merchants at Liverpool, a considerable quantity of cot-
ton which had been consigned to them by the Confederate
States, and which had been contributed by residents of the
Confederate States to enable the Confederates to carry on
war against the United States. When the matter came
before the court about a year ago, the Vice-Chancellor
allowed the defendants to receive £20,000 out of the pro-
ceeds of the cotton towards satisfaction of their claim
against the Confederate States, for whom they were
agents during the American war, but he re-
quired them to give securities to the amount of £50,000
until the final hearing of the cause. In February last the
defendants filed a cross bill against the President of the
United States for the purpose of obtaining a full discovery
with reference to this affair. The defendants averred that
there were matters peculiarly within the knowledge of the
President of the United States in• reference to the cause'
and that his evidence would be important ; and a motion
was made on behalf of the defendants for the purpose of
enlarging the time for closing the evidence in the original
suit until a mouth after President Johnson should have
answered the cross-bill on oath. It was contended by the
counsel for the defendants that notwithstanding the exalted
position of President Johnson, he could not escape from
the rule which applied to ordinary individuals who came
before the Court as plaintiffs--namely, the obligation of
answering upon oath a cross-bill filed against them for the
purpose of discovery. The Vice-Chancellor took this view
of the case, and said that all who came for justice to that
court must conform to its regulations. In all cases of cor-
porate bodies a properly appointed officer should answer on
oath, but he doubted whether the President was a suffi-
cient person, because it was not clear that the United States
had sufficient control over him to compel him to produce
papers, &T. What was asked for now was that the writ
should b 3 delayed until the President of the United States
had put in his answer. He could not accede to that appli-
cation, because he could not take judicial notice of the Pre-
sident, but what he could do was to allow the writ to be
delayed until an answer was put in by a properly accre-
dited officer of the United States, and he should make an
order to that effect.
As soon as all these preliminary matters are settled, the
case, which excites much interest in commercial circles,
will come on for hearing.

COURT OF DIVORCE.
(Before Sir J. P. Wilde and a Special Jury.)
CHAPLIN V. CHAPLIN, MULLER, AND MOORE.

This was a suit by the husband, a wine merchant in St.
Mark's-lane, City, for a dissolution, on the ground of his
wife's adultery with both co-respondents, and all the de-
fendants merely pleaded denial.
The Queen's Advocate and Dr. Wambey were counsel
for the petitioner. ; Mr. Sergeant Ballantine and Dr. Spinks
for the respondent ; and Mr. Sergeant O'Brien, Mr. Inder-
wick, and another learned gentleman for the defendants.
From the statement of counsel it appeared that the al-
leged adultery with Muller lasted from May, 1864, to July,
1865, and with Moore during portions of the years 1865
and 1866. The defendant was only 17 years of age,
and the respondent was 35, and held the situation of house-
keeper in a tradesman's family when they were introdu:ed
to each other by a relation of the latter. They were mar-
ried shortly afterwards in 1852, and went to reside in
Islington. They lived together until December, 1861,
when some disagreement arising between them they sepa-
rated by mutual consent, and the petitioner agreed to
allow the respondent £2OO a year, and advanced her £lOO
to purchase furniture and other necessaries. A change
subsequently took place in his circumstances, and he re-
duced the allowance to £lOO a year. The respondent
after the situation took lodgings at Mildmay-road,
Islington, where she formed the acquaintance of the co-
respondents, one of whom was a commission agent and the
other a clerk in a respectable establishment. She removed
to St. Mark's-toad, Notting-hill, and her intimacy with
Moore was continued. The petitioner asked for no
damages.
William Downs, a cousin of the respondent, proved to
having introduced her to her husband. Ho believed the
latter was about 21 and the respondent was older. He
visited them after the marriage, and Mr. Chaplin always
treated his wife with great kindness. He deposed also to
having seen the respondent in company with both co-
respondents, and under circumstances of suspicion.
Mr. William Chaplin, brother of the petitioner, gave
similar evidence as to the intimacy with the co-respondents.
Other witnesses were called for the petitioner's case.

POLICE 'iv lELLJA/ENtix;.---This Day.

MARLBORO UGH-STREET.

A SAD STORY.—THE MARQUIS TOWaSHEND AND TEE
BEGGARS.—Mary Ann Heaviland, a girl charged by the
Marquis Townshend with begging in Piccadilly, was again
brought before Mr. Kr ox.
The girl begged of the Marquis in Piccadilly, and on his
recognising her as a girl he- had once before charged at
this Court, but who was allowed to go at large on her
father promising that he would not send her out begging
again, he gave her into custody.
Mr. Knox ordered inquiries to be made respecting the
girl, and
Sergeant Bunco, 5 C, who invariably displays great care
in his inquiries, said he had ascertained that the girl's
mother was dead, and the father, who got his living as a
tinker, had lately broken up his home, and gene, he be-
lieved, into the North of England, and the poor girl was
now destitute.
Mr. Knox said he thought the best thing would bo to
send the girl to a school.
A poor girl with a child in her arms got into the witness
box, and stated that she was the prisoner's sister.
Mr. Knox asked her whose child it was she had in her
arms ?
The girl said it was her mother's, but her mother was
dead. She would look after her sister if the magistrate
would let her go.
Mr. Knox put some questions to the sister, and from her
answers it was evident she had a hard struggle to main-
tain herself and her child.
The Marquis Townshend said he would look after the
sister and see whether something could not be done for
her.
Mr. Knox said it was proved the girl's father was away,
and that she was utterly destitute. Ho should certainly•
send her to an institution for five years.
The girl was subsequently taken by Welsh, the office-
keeper, to that valuable institution, the Cripples' Home,
Marylebone-road, and at once admitted.

MERICA.

The Royal Mail steamship Scotia, from New
York on the 27th ult., arrived at 10 p.m. on Thurs-
day at Queenstown, with 248 cabin passengers
and 96,000 dollars in specie. She landed a portion
of the mails, consisting of 75 sacks, and also 55
passengers, and proceeded for Liverpool at 11.15
p.m. All well.
NEW YORK, June 27 (Morning).

Fifteen Fenian prisoners have been committed to
gaol at Sweetsburg, Canada, in order to await their
final trial, which will be commenced in a few days.

A Fenian meeting was held on Sunday in the
vicinity of Jones'-wood. It was addressed by James
Stephens, who declared that Roberts and Sweeney
were not in concert. On Monday night a Fenian
mass meeting was held in Union-square. Roberts
spoke, and in the course of his remarks said that
the next time the Fenians moved it would be with
an impetus that no power could withstand. A
letter from Horace Greeley expressing sympathy
with the Fenian cause was read to the meeting.
Resolutions were adopted declaring that " the
truckling of the Federal Executive and the Secre-
tary of State to the designs of European monarchists
merits the strongest reprobation.
The Senate has passed the bill to continue in
force for two years the Freedmen's Bureau. The
bill now goes to the House of Representatives for
concurrence.

In reply to the late resolution of the house the
President has sent to Congress a list of all Ameri-
can citizens reported to have arrived in Ireland
since the suspension of the Habeas Corpus Act.

The National Union Club has issued a call for
a national union convention on August 14th, to
aid in completing the restoration of the Union.
Delegates from all States and territories are to
atttend.
Mr. Seward is rumoured to have concluded a
secret treaty with the Emperor Napoleon, the
understanding being that the United States should
observe strict neutrality and non-intervention in
the affairs of Mexico. After the withdrawal of the
French, Maximilian would secure his election as
President, and would afterwards declare himself
Emperor, thus avoiding the Monroe doctrine.
Mr. Schrockmarton (Conservative) has been
elected Governor of Texas, receiving nine-tenths
of the votes. Cholera has appeared at Elizabeth,
New Jersey-40 cases, 11 having been fatal, have
been reported. The Moravian, Germania, the New
York, and the City of New York have arrived out.

WHOLESALE SWINDLInG.

The particulars of one of the must gigantic
swindling schemes ever concocted on the other side
have just been revealed in this city by the arrest of
some of the principals at Lockport, New York,
where several of the villains had retireki to spend
their ill-gotten gains, in the expectation of undis-
turbed felicity. The frets as detailed present a
scheme so skilfully planned as might have ensured
success but for the circumstance that their o.'etims)
once on the alert, were as sharp as the swindi.ers,
and now, with the aid of detectives, have succeeder:
in bagging the greater number of them. About 8 or
10 months ago an establishment styled the Canton
Banking House was started in the town of Canton,
St. Lawrence County, New York. The persons en-
gaged in the undertaking—some 30 in number—ob-
taining all the paraphernalia of a legitimate institu-
tion, had made their business notice sufficiently public
in " Thompson's Bank Note Reporter," and took other
precautions to endeavour to assure the public that
they were on a sound basis. Meanwhile their
swindling operations were set on foot—persons being
despatched in all directions with drafts on the Se-
cond National Bank of New York, drawn by a Mr.
Clarke, who has since turned State's evidence, in
the hope of escaping from the web so completely
woven around his confederates. He has stated that
no less than $200,000 in this worthless paper was
issued, all payable at the bank named, where for a
few days the sum of $5OO lay to the credit of one of
the parties concerned, but that it was all, with the
exception of $12.50, withdrawn a few days subse-
quently. The many agents of the concern here
then flooded the country with this worthless
trash ; $200,000 was a large stake, and if
they only won occasionalLy there was yet
a large per centage over the rewards of
honest labour. In Buffalo a considerable sum
was cashed, New York was slightly " bitten," while
even as far south as Kentucky and Alabama the ras-
cals are said to have pushed their unlawful scheme.
It il,estimated that by this means fully $lOO,OOO of
the waste paper was disposed of to the duped vic-
tims. The first intimation of the affair in Canada
was made in December last, when Mr. H. Forbes,
broker, of this city, was asked to cash a draft for
$4,500 on the bogus concern by a party represent-
ing himself to be a cattle buyer in want of money,
and who had been introduced as such by Mr. Pal-
mer, of the Albion Hotel here. Mr. Palmer had been
assured of the reliability of the fellow only by a con-
federate, a man named Hezekiah S. Bennet, on whom
the weight of the law is now likely to fall in full
force as one of the principals in the affair. Mr. Forbes
consulted the detector, found the house advertised,
and the party, a man named Loomis Willard, appear-
ing to answer his own representations, he cashed
the draught immediately ; but scarcely had he done
so when he thought something was wrong. Tele-
graphing to the banking-house he only received an
answer from an operator saying that Mr. Clarke,
the drawer of the draft, was in New York. This
heightened his doubts to a well-founded suspicion,
and telegraphing to the Second National Bank,
their presumed agents, he was informed that they
had only $12.50 to their credit. He immediately
went to Lockport, and on reaching there was in-
formed that one of the drafts for $1,500 had been
presented at the Exchange Bank of that city and
was about being paid, the clerk having retired to
obtain the sanction of the manager, when the
operator, suspecting that he was detected, made off,
leaving the draft in the possession of the clerk, who
only then became aware of the narrow escape from
being victimised. Mr. Forbes's visit, to Lockport was
almost on the same day, and he had just entered the
First National Bank of that city when they in-
formed him that a draft for $l,lOO had been cashed,
fully believing that it was genuine. The doubts of
Mr. Forbes changed their tone, and by the aid of a
detective they shortly afterwards recovered the full
amount. Mr. Forbes, however, found Willard worth
nothing, but, after some trouble, succeeded in con-
nectingßennett with the scheme—the former having
been acting as Bennett's tool, he receiving $5OO of
the money for his services as " stool pigeon," while
Bennett retained the lion's share. The man C. E.
Clarke, who has " peached" on the rascals, appears
to have been fully as guilty as the others ; but his
not obtaining his expected share in the proceeds, as
well as the fear of the State prison, induced him to
reveal his scheme in the transaction, and help to
bring the others to justice. Several other parties in
Canada have lost more or less by the swindlers—
Mr. J. W. Murton, of Hamilton ; Mr. Patterson,
of Port Hope ; and others, being named. It is also
said that the Bank of British North America, at
London, has lost $l,OOO by one of the parties hav-
ing deposited a large sum there for collection, and
obtained an advance to that amount. In Buffalo
several extensive hauls were made, and Detroit and
many sections of Pennsylvania were visited with
the same intention—in many cases successfully. One
party in Buffalo a few days ago recovered $4,500,
an amount sufficient to cover all loss and damage,
besides a bonus, from a man named Chappell, the
agent negotiating there. A serious difficulty has,
however, presented itself with regard to the two
prisoners, Bennett and Willard, arrested at the in-
stance of Mr. Forbes, they having committed the
act in Canada, while the conspiracy to defraud, on
which they are held, was concocted in the Unif,ed
States. Still, strenuous efforts will be made to bring
the perpetrators of the scheme to their full deserts,
and, if possible, they will be held to account for
their actions. The trial commenced at Lockport on
Tuesday last, the arrest having been made a few
days previously.—Toronto Daily Globe.

THE AMERICAN GOVERNMENT AND CAPTAIN
KENNEDY, OF THE CITY OF PARIS.—At a meeting of the
Liverpool Local Marine Board yesterday (Thursday), a
presentation was made to Captain James Kennedy, of a
splendid gold chronometer, from the President of the
United States, for gallant conduct on the part of Captain
Kennedy in saving the crow of an American ship in
January last. The following letter addressed to her Ma-
jesty's Lords of the Admiralty, fromthe American Minister
in London, was read at the meeting : -" Legation of the
United States, London, 14th May, 1866. My Lords—The
American ship Meridian sailed from New York, on the
24th November last, bound for London. It appears from
reports received by my Government, that on her voyage
she encountered a succession of storms, which by the 24th
of December had had the effect of leaving her a floating
wreck at the mercy of the winds and waves. On the Ist
of January she was descried by the steamer City of Boston,
which at once came to the relief of the distressed people on
board. But such was the state of the ocean that no assist-
ance could be rendered except by the agency of the life-
boat belonging to the steamer. In this emergency Captain
Kennedy, with the aid of a picked crew, who cheerfully
exposed themselves to this perilous experiment, succeeded
in saving the lives of all the persons on board, and trans-
ferring them in safety to his own vessel. The conduct of
Capt. Kennedy, through the energy and promptness dis-
played in the direction of this enterprise is described
by the rescued persons as eminently conducive to
its success. Whilst, therefore, my Government has taken
the necessary steps through other channels to recognise
the value of the services of the boat's crew, I have been
directed especially to mark the sense entertained by the
President of the action of Capt. Kennedy, by asking of
your lordships to cause to be transmitted to him the ac-
companying gold watch, together with an assurance of his
high appreciation of his noble, friendly, and humane con-
duct upon this critical occasion.—Remaining, &c., CHARLES
FRANCIS ADAMS." We may add that Capt. Kennedy is in
command of the City of Paris, one of the Inman line of
steamers, and has just accomplished one of the quickest
voyages from New York to the Mersey on record.
MURDER AND ATTEMPTED SUICIDE.—On Wed-
nesday morning Mr. Robert Armstrong, the owner
of considerable property, living in Lowther-street, Carlisle,
was murdered by one of his tenants, named Holywell, who
keeps a large inn. Holywell, in a tipsy state, went to Mr.
Armstrong at his own home, to see him about some griev-
ance, but his landlord told him to come when he was
sober, and then he would speak to him. The man was
complying at first, and had got as far out as the kitchen,
when he turned round, grasped Mr. Armstrong by the
collar, dashed him against the door, threw him upon the
kitchen floor, and, still holding him by the collar
pounded the back of his head against the flags until it was
reduced almost to a jelly. Alarms were raised, and Holy-
well made off home while others were bringing a surgeon.
lie got another dram of whisky and ran up stairs, where
he was stopped in the act of adjusting a rope round
tund his
o r.
neck. Mr. Page, surgeon, was speedily brought lasrhoourgtiy
afteUr-
Armstrong, but it was hopeless.
wards. His assailant has, of coursile,e-be been apprehended.
Mr. Petruccelli della Gattina, thed ltalian deputy,
who has been for some time the Italian correspondent.
.of
the Debats, has received orders, the Armenia states, to
dis-
continue his military ow:respondence with the French
.press under PAD of Ivigg.-arre§ted. • • . .