The Sun.
London, England, 1859-03-18 00:00:00

THE SUN, LONDON, FRIDAY EVENING, MARCH 18, 185).

LAW INTELLIGENCE.-(THIS DAY)

ROLLS COURT.
(Before the Master of the Rolls, Sir John Romilly.
JUDGMENT.-ADAMS V. FENWICK.

His Honour the Master of the Rolls said—The question
for decision in this case is, whether certain calls, which
were made on some new shares in the Union Bank of Aus-
tralia, were payable out of the property specifically be-
queathed by the testatrix, or payable by the specific legatees
of these shares, or payable out of the general or residuary
funds of the estate. It appeared that the directors of the
bank had agreed to extend the capital of the bank to about
one million, in shares of £25 each. About 150 of these
new shares were allotted to the testatrix, and she
paid up the calls till her death. And in her will and codi-
cils she directed her executors to continue the payments
afterwards. She divided the shares into specific propor-
tions, and bequeathed them to legatees 9zommatum. And
the question raised was whether the executors or legatees
should pay the calls upon these shares, and receive the
dividends due thereon.
His Honour detailed very minutely the proceedings of
the directors at their several meetings, and the resolutions
come to respecting the issue of the new shares ; and after
considering several clauses of the bequest in the testa-
tor's will, and referring to the case of Armstrong and
Peacock as a case in point, came to the conclusion
that the calls or payment of the instalments upon the new
shares, of which due notice was given, ought to be paid by
the legatees, and should not come out of any general or
residuary estate of the testatrix, and declared accordingly.
His Honour directed the costs to be taxed as between
party and party and solicitor and client, and to bring the
matter again before the Court.
His Honour requested affidavits of the married lady legatees
in Calcutta in England to be produced, to show that they
had not disposed of any of their shares by marriage settle-
ments or otherwise; the minutes to be arraigned by the
registrar, with liberty to apply.

WHITECHAPEL .COUNTY COURT.
(Before Mr. Sergeant Manning.)
CHARITABLE INSTITUTIONS-SINGULAR CASE-COHEN V.
ANSELL.
This was an action to recover £4 alleged to have been lent
to defendant by plaintiff.
Mr. Young appeared for the plaintiff, late collector of the
Relief for the Aged and Destitute Charitable Institution,
and Mr. Warrand, of Basinghall-street, for the defendant,
the president and founder of the same institution.
The peculiar features of this case are that the, plaintiff
declares he lent defendant £4 out of the funds in his hands
belonging to the charity. It was about the 13th or 14th of
October last, and plaintiff had since made good the sum
from his own funds.
In cross-examination by Mr. Warrand, he admitted that
he had still in his possession the books and money of the
charity, and that he was dismissed. At two committee
meetings he was present with defendant, but when he was
about to ask for the £4 he was cried down.
A Mr. Levi was present, who upon being called, said he
remembered the money being lent.
Mr. Warrand said this was one of tke most scandalous
attempts ever brought under the notice of his Honour. The
facts were that the plaintiff was so lax in his returns of the
collected moneys that defendant, as president, called upon
him to insist upon his paying in all moneys. That was in
October, and then plaintiff handed over £4, which sum
defendant had paid to the treasurer in due course. In
consequence of the dissatisfaction expressed at_plaintiff's
conduct, he had been dismissed, and hence the present
action.
To support this statement, defendant and the treasurer
were called, and both distinctly swore that such was the
case. The treasurer said that Mr. Ansell had in October
and November respectively handed him two sums of £4
each as moneys received from plaintiff, being collections.
Upon this plaintiff produced receipts for £8 odd and £7 odd
in October and November ; and the treasurer said he (plain-
tiff) had paid those amounts at the dates of the receipts, less
the £4 paid by defendant.
His Honour said there was oath against oath, and he
did not see any evidence to prove that defendant borrowed
the money.
Verdict for defendant.

POLICE INTELLIGENCE.-(THIS JAY.

MARLBOROUGH-STREET.
DARING ROBBERY OF A MERCHANT'S WATCH.—Anne
Clark, a prostitute, was charged with stealing a gold watch
of the value of £lO, in a very daring manner, from the per-
son of Thomas Bold, of the Conservative Club, and Can-
ning-street, Liverpool.
The prosecutor said he was about to enter the house
where he was at present staying, in King-street, St. James's,
when the prisoner came up to him and accosted him, and
thrust herself into the doorway, pressing him to take her
into the house with him. He refused, and at that
moment felt a twitch at his watch chain, and
immediately observed her pass something to a man, who
directly started off. He then, to detain her, pushed her
into the passage and gave an alarm. He then felt in his
pocket, and his watch was gone, the chain hanging down.
He taxed her with stealing it, but she denied having done

James, 17 C, proved taking the prisoner into custody.
She denied having taken the watch, and at the station on
searching her it was not found.
Mr. Inspector Steer, of the C division, asked for a re-
mand as she was known to the police.
Mr. Bingham said if she thought proper to plead guilty
In would deal with the case at once.

The prisoner said the prosecutor had been speaking to
two other females. She would not plead guilty as she was
innocent.

The prisoner was then committed for trial, the prosecutor
rather reluctantly being bound over to prosecute,

THAMES,

JEALOUSY AND AYiE2:I ---------- —Jane Prince,
aged 27, and described as a bookbinder, was brought before
Mr. Yardley charged with being disorderly in the house of
George Bindley, a vocalist, of No. 13, Vine-court, White-
chapel, and' attempting to inflict grovious bodily harm
upon him with a razor.

'lt appeared from the evidence that the parties had lived
together for some time, and they parted about five months
ago. The prisoner had since attempted to renew the
acquaintance, but the complainant had refused any further
intercourse with her. She had repeatedly met him, and
attempted to force him to live with her again, but in vain.
She met him once with a female and vowed revenge.
Last Tuesday they met, and she attempted to strike
him with a tea cup, on which he struck her with
his fist on the face, and, to use her own phrase,
" smashed it." Yesterday evening the prisoner
went to the shop of Mr. William Hims, a cutler, in High-
street, Whitechapel, and bought a new razor, for which she
gave him ls. Mr. Hims observed it was rather unusual for
a young woman to buy razors. She smiled and said
nothing. The prisoner then repaired to the house of her
former paramour, and knocked at the door. He lifted up
the window and said he would have nothing to do with her.
She continued knocking at the door for some time, and at
last Bradley sent for a police-constable to take her away.
The prisoner rushed into the house as the man opened the
door; attacked Bradley with the razor, and declared she
vVould murder him. He seized the razor with his hands
and took it from her, but not before his hands were severely
cut. At the station-house she told Inspector Dendy that
she bought the razor for the purpose of murdering Bradley,
and that she would at one time or other effect her purpose.
This morning she told Anderson, a police-constable, that
she wished she had done for Bradley.
The prisoner said in her defence that she was drinking
yesterday, and got excited.
Mr. Yardley—But you were not excited this morning.
John Montague, a photographic artist, said the prisoner
was his sister-in-law, and that a man, with-whom she for-
merly cohabited, who was a singer at the'Phcenix Concert-
room, allowed her 3s. per week, and Bradley persuaded her
to leave him.

Bradley denied this statement. lie never had 3s. per
week with her, and when her former paramour claimed her,
he (Bradley) persuaded her to return to him. He did not wish
to punish the prisoner—only to have protection.
Mr. Yardley said inquiries were to be made about the
prisoner, and remanded her until to-morrow.

THIS DAY'S MARKETS.

CORN EXCHANGE.

Our market to-day was again scantily supplied with Eng.
lish wheat, coastwise and by land carriage. Owing to the
thin attendance of millers, the demand ruled very inactive;
but, compared with Monday, no quotable change took place
in prices.

Rather over 4,000 quarters of foreign wheat have come to
hand this week. For all descriptions we had a dull inquiry
on former terms.

Floating cargoes of grain sold ,at full prices.

There was a good demand for malting barley at full quo-
tations ; but grinding and distilling sorts commanded very
little attention.

Malt was in fair request, and Monday's prices were well
supported,

Oats were steady in value; but the transactions in beans,
peas, and flour were limited, on former terms.

ARRIVALS THIS WEEK.

Wheat. Barley Malt. Oats. Flour.
English 1,050 I 180 ; 1,060 ' 40 I 490
Irish
Foreign 4,150 i 11,720 I 4,300 1,560 sks
200 blv

NEWGATE AND LEADENHALL.
Fair average supplies of each kind of meat were on sale
here to-day, and the trade generally ruled steady, as fol-
lows

Per Blbs. by the Carcass.

s. d. s. d. 1 s. d. a. d.
Inferior Beef 3 4to 3 6 1 Infr. Mutton. 3 6to 4 0
Mid. d 0..... 3 Bto 3 10 1 Mid. do 4 2to 4 4
Pm.largedo. 40to 4 2 1 Prime do. 46to 4 10
Do. small do. 4 4to 4 8 i Veal 3 10 to 4 10
Large pork.. 3 4to 3 8 Small pork
Lamb, 58 8d to 6s 6d.

THE NEAPOLITAN EXILES IN

ENGZAND.

From a conversation with Signor Raffaele Settembrini,
the brave and affectionate son who, at the risk of his own
liberty, has achieved with such remarkable adroitness and
resolution the deliverance of his father and of his country-
men, we learn some particulars of the affair which have not
yet been published. It appears that this young officer, who
after serving a short time in the Sardinian navy, obtained
an appointment on board the Prince Albert, one of the new
Galway and American line of steampackets, was indebted
to Messrs. Bake, Adams, and Co., the chief proprietors of
the North African Steamboat Company's vessels, for per-
mission to go to Cadiz in the character of mate of their
steamer, the Warrior, for the purpose of seeing whether he
could do anything for his father, since it had been reported
in all the newspapers that the Neapolitan government
steamers, the Stromboli and the Ettore Fieramosca, were
expected to bring the prisoners to the port of Cadiz prepara-
tory to their shipment for America. Signor Raffaele Set-
tembrini expresses his gratitude to Messrs. Bake, Adams,
and Co., as well as to Captain Cooper, the commander of
the Warrior, for the kind assistance he received from
them. His own intention at that time was simply to en-
deavour to effect the escape of his father in the harbour of
Cadiz. His precise age we do not know, but he looks not
more than one or two and twenty, and since he had not
seen his father during a period of ten years' iuprisonment,
the loving recollections of childhood must have remained
without addition in his mind. Whilst the venerated patriot
and senator has lain immured in the chill dungeon of Santo
Stefano, buried in a seagirt rock of the Mediterranean, and
shut out from the hope and life of the world under a sen-
tence of perpetual incarceration, the gallant son has trodden
the decks of free Sardinia, or of free Britain, cherishing but
two desires—the first being to liberate his father, and the
second, that he might one day be enabled to contribute some
effort for the liberation of his country. With a noble and
characteristic modesty, he will not hear a word of praise or
compliment upon what he has done, and only expresses regret
that he was not able to find an earlier opportunity of
contriving his father's escape from the prison. To return
to our narrative, accompanied by several of the officers and
crew of the Warrior, and dressed in his proper uniform, he
rowed towards the Stromboli, the Neapolitan frigate, in a
boat displaying the British Union Jack at its stern, and
having been received with dole naval honours by the Nea-
politan officers, who ordered the guard to present arms to
him, supposing that he was an officer of our Royal Navy;
he introduced himself in his true name, as the son of the
prisoner, Luigi Settembrini, and begged permission to have
a farewell interview with his aged father previous to the
departure of the latter for transatlantic shores. The request
appeared so reasonable, and the young man's official uni-
form was so imposing that the captain of the frigate Strom-
boli did not hesitate to comply, and sent to the other Nea-
politan Government vessel, the Eltore Fieramosca, which
lay close by, ordering the prisoner Settembrini to come on
boardthe Stromboli, and meet his son. We can imagine the
emotions with which they met upon the deck of the Strom-
boli, and poured out, with all the fervour of the Italian na-
ture, that affection which so many years of torture, loneli-
ness, and despair had not extinguished in the elder man,
and which the vicissitudes of education and enterprise, in
the opening of an active career, had not tempted the youth
to forget. But their interview was strictly watched. It took
place under the eye of the Neapolitan commander, and not
a word of any plan for the future could be exchanged. Raf-
faele Settembrini took a final leave of his father, and re-
,turned to the Warrior, which was on the point of starting,
in order to continue her trip to Mogador, and the other
North African ports. He had hoped to be able to get a boat
alongside the Neapolitan steamer in the darkness of the
night, and help his father to escape over the side. This was
his original design, but so vigilant a watch was kept in both
the Neapolitan ships, that it was impossible for any boat to
approach unobserved. He promptly altered his plan. Quit-
ting the English steamer, which presently left Cadiz with-
out him—but whilst the Neapolitans believed him also to
have gone—he landed and proceeded to make his arrange-
ments in the city. He had got an introduction to Mr. Ben-
jamin Oliveira, our well-known countryman, who received
him most kindly and rendered him the greatest service. It
was understood by that time that the American clipper
David Stewart was chartered by the Neapolitan Govern-
ment to transport the 66 prisoners to New York—a transac-
tion of the illegality of which, to say nothing of its mean-
ness, we apprehend there cannot be any doubt—seeing that
they were not shipped as free passengers, but as convicts or
slaves, on board a vessel of the United States, under sen-
tence of a foreign tribunal. However, there was an honour-
able Spanish gentleman at Cadiz, the Count di Casabrunette,
who had some interest with the consignees to whom the
David Stewart had been sent, and he and Mr. Oliveira, en-
tering into young Settembrini's dutiful wish to accompany
his father, used their influence to have him taken by Capt.
Prentiss, of the David Stewart, as a seafaring lad, a native
of Cuba, who having been left at some European port,
wanting to work his passage over to New York, in order that
he might afterwards get to his home at Havannah. This was
allowed as a favour, since there were no other passengers
taken on board the American clipper, except the Neapolitan
prisoners themselves. The adventurous youth, disguised in
the rough clothes of a common shipboy, joined the crew of
the clipper, a mixed crew of Yankees, Irishmen, and negroes :
he had one narrow escape from discovery when the captain
of the Ettore Fieramosca, who had previously seen him
dressed in an English uniform, came on board the David
Stewart, and stood close to him, but without recognising
him. If ha had been detected when on board the Neapolitan
frigate, he would assuredly have been claimed as a subject of
King Bombe, and carried off to pine away and rot in some
of the notorious and horrible caverns where, loaded with
irons, and starved with the privation of food and daylight,
the unhappy victims of that almost incredible cruelty are
doomed to endure a livingdeath. But at last the clipper, with
her noble freight of patient and suffering witnesses to the
cause of right and truth, towed by the Neapolitan steamer,
stood out to sea. It would be an error to suppose that, in what
was subsequently done to change the destination of the
vessel, Settembrini and his comrades had no other object
than to spare themselves the fatigue and loss of time of a voy-
age to and fro across the Atlantic. It is true that those who
might survive on the arrival of the David Stewart at
New York would have been exempt from personal restraint
after their landing, and free to come to Liverpool, or to
Havre, or to Genoa, if they conid obtain the means of doing
so ; but we aro assured that some of them were already in
so shattered and exhausted a condition, having been sud-
denly removed from their loathsome cells, with constitutions
enfeebled by their long and painful confinement, and ex-
posed to sickness in an ill-found vessel upon a rough and
stormy sea, that it is probable they could not have been
landed at New York alive. At any rate, the discomforts
and perils of this " middle passage," and the uncertainty
of their future fate at a distance from Europe, were well to
be spared ; and it was for the sake of something more than
bravado that they determined to avail themselves of the
gallantry of young Settembrini, and to get to England at
once. For the first two days he did his work with the
other seamen, and was treated as an extra hand—a stray
Cuban, making his way home from Spain ; but when the
clipper had got 200 miles to the west of Cape St. Vincent,
and the Ettore Fieramosca, had cast her off and turned
about again, Raffaele Settembrini put on his uniform, and
walked up to Capt. Prentiss with that written protest signed
by all the Neapolitans which has been published. Quietly
and without any open demonstration they had imparted
to each other, as soon as their enemy disappeared below the
horizon, the plan which had been determined upon. They
now burst forth into joyful acclamations, and hailed the
young hero as their deliverer, embracing him, and kissing
his hand, as it is the matter of southern men sometimes to
do ; and even the sailors, inspired by this contagious e'xcite-
meat,
came thronging around him, cheering him altogether
lustily, and one by one begging his pardon for any little
incivility or practical joke which might have passed between
them whilst they only regarded him as a poor messmate
thrown by chance amongst them. The skipper, however,
like a cold-blooded, impassive Yankee as he was, remained
unmoved ; and whereas the most despised " nigger" in his
motley crew did not appear insensible to the sentiments 9f
compassion and humanity, upon such an occasion, or refrain
from expressing his pleasure at this admirable surprise, in
the calculating mind of Capt. Prentiss those considerations
were outweighed by the almighty dollar, and it was not
until Settembrini invoked that potent American idol, that
he could prevail to alter the captain's purpose. Yet it should
be understood that of the sum of 8,600 dollars, which was
the amount of the freight, two •thirds had actually been
paid in advance, besides which a present of 400 dollars had
been made to Capt. Prentiss by the commanders of the
Neapolitan ships of war. However, on the first day, the
demand of the Neapolitans that they should be conveyed to
the nearest English port, though expressed in the most
courteous and respectful manner, was obstinately refused.
Next day, the 21st of February, they renewed their impor-
tunities, and gave him notice of a regular suit and action
for damages; on account of their illegal detention, to be in-
stituted by every individual of the 66 Neapolitans before
the competent courts of the State of New York. This
argument it was that made Capt. Prentiss think better of
it. No violence was attempted or threatened ; howeverjustifiable, in case of extreme neeessity, such conduct might
have been, none of the elder prisoners, and certainly not
Signor Luigi Settembrini, would have sanctioned it. Capt.
Prentiss wanted to put them off by promising to land them
at Madeira, but they were resolute, and would go their own
way. At last he " caved in," if we may quote a phrase of
his own people, and turned the David Stewart about for
Cork, after calling his crew aft, and explaining to them that
the gentlemen obliged him to set aside his contract. We
should add that nothing could be more sulky and disagree-
able than his behaviour during the rest of his voyage.
Though not the slightest attempt was ever made by Set-
tambrini or the other Italians to interfere with his com-
mand of the ship, though they treated him with the utmost
civility and complaisance, offering him their cigars and in-
viting him to friendly conversation—he would scarcely
vouchsafe a word to any of them, and by supplying them
with filthy water and with the nastiest and most unwhole-
some food he aggravated the hardships and inconvenience
of their voyage, until after 14 days' tedious experience they
at length reached Queenstown, and got ashore in safety to
receive the congratulations of all Ireland, England, and
Scotland, as an earnest of their happy restoration to their
native land.

Tr

THIRD EDITION.

SUN OFFICE, Seven o'Clock,