The Sun.
London, England, 1859-07-11 00:00:00

the Austrians to attempt one of "these night at-
tacks, for they would have to deal with demons,
not men. _ _ _ _ _

The heat for the last two days has been terrific.
It was doubly felt in this village, shut out from the
Mincio by the high hill on which the castle is built, '
and exposed to the reflection of the parched plain
towards Verona. In the afternoon the heat reached
29 Reaumur of 97 Fahrenheit in the shade. The
slightest exertion became an intolerable burden,
and even in the coolest room you did not know how
to guard yourself against heat and flies. And what
flies ! The Egyptian fly is a modest being, and the
Wallachian fly a bashful creature in comparison
with the Lombard fly in the month of July; while
all the rest of the animated creation was over-
powered by the heat, and even the noisy cricket,
the indefatigable chanticleer of Lombard fields, was
dumb, the flies seemed to derive from it but in-
creased liveliness and petulance. As for chastising
it by well-meant wavings of your handkerchief, or
with a fly-flapper if you had such a thing, it was
out of the question, it seemed only to excite their
passion for sport. As for punishing them they
buzzed at your efforts. Even coaxing, that most
desperate of expedients, would not answer; in vain
did you expose pieces of sugar and other dainties
to satisfy their greediness. They left them to
assault your face and hands. Their tenacity was
such that I verily believe they have followed us
here from the battle field of Solferino, where they
have acquired a taste for our species.
But if you had all this misery to support when in
your room, where you were at least in the shade,
and could think how to mitigate the evil, you may
imagine what it was if you had to go out exposing
yourself to the full power of the sun, to the glare
of the road, covered with several inches of fine
white dust, and to the unmitigated fury of your
tormentors the flies. It required almost heroism to
. face these combinations of evils, and tolerably good
strength to bear them. Nor did night afford relief,
not a breath of air, scarcely any difference in the
temperature, and mosquitos and other vermin in-
stead of flies. .

Well, all I can say is, let every one who wishes
to keep up his illusions about the land "where the
lemon tree blooms" keep away from the Mincio
the country about it. At any rate now it bears a
most uninviting aspect. It is all very well in autumn
and in fine times of peace, with here and there an
adventurous tourist who goes so far out of his way
as to see these hills, but it is quite a different thing
in the dog days, a short time after a sanguinary
battle with an army of more than 200,000 men with
its camp followers, and following on the heels of
another army of at least the same number as that
which occupied the country before it.
I must confess that I was weak enough to despise
the rich plains of Lombardy, overflowing with
milk, and honey, too, no doubt ; but of this I can-
not judge, detesting the very sight of it. Well,
they seemed dull and monotonous, and my soul
brightened when I got among the hills about the
Mincio and the Lake of Garda. The first impres-
sion of the blue lake and the Alps beyond ; the fine
extensive views, instead of the roads and lanes shut
in by rows of trees ; the first peep at Pe3chiera, one
of the angles of the guadrilatere ; the sight of so
many places renowned in the history of war ; those
mediaeval castles with which the hills bristle—all
this made such an impression upon me that I turned
my back, scoffing at the plain which we left be-
hind. I have the consolation to think I was not
alone in my delight at the hills ; it was general in
the allied armies, except, perhaps, with here and
there a fine-scented cautious Intendant or an old
Zouave, well versed in the art of foraging, who
turned their eyes longingly back towards the plain,
as the more practical children of Israel may have
done after crossing over from Egypt into the mag-
nificent mountain of Sinai.
I think by this time every one has come back to
the practical views of Zouaves and Intendants, and
these views are expressed loudly and in energetic
language by no means complimentary to the Mincio
country.
I don't: know how the Austrians fared when
they came through, but I can say from experience
that they left very little behind them. One cannot
grudge them this ; they were the first to arrive,
and had made a quick march from the Po and the
Sesia. No wonder they fell to at the first halt,
which, as you know, was in the country between
the Chiese and the Mincio. All the hay of last
year, oats, barley, poultry, bread, wine, &c., were
gone before the Allies arrived, while the new
supplies are brought up as fast as they arrive. As
soon as a division or corps comes to a place every
one rushes off to make purchases, and all that is
found disappears. Head-quarters, which arrive
last, fare the worst. So much has passed through
that the country is bare of everything. If you ex-
press your astonishment, the answer is, " The
Tedeschi have taken it all." Now and then you
are told to wait ; that the thing does exist, but
was hidden for fear it would be carried off by the
same Tedeschi. Thus my landlady, when I in-
stalled myself in one of the villages, begged my
pardon that the bed was not made, because she had
hidden her chest with linen in the garden, and was
going to fetch it. In the same manner as bed linen,
there are now and then other things forthcoming
after a cautious scrutiny as to your solvency. Of course
it has all been hidden from fear of the Austrians,
which may be true enough, only it is not brought
out until you have established your name as good
and safe customers, and then you are made to pay
sure enough. I suppose we have to pay for the
unreceipted bills left behind by our predecessors.
The idea hitherto connected with war was, that the
army plundered the country people and lived at
their expense. The present war has certainly re-
versed a good deal this view of affairs. The means
of transport are, above all, at a fabulous price,
which is owing to the scarcity of the articles. The
people possessing horses are loudest in their com-
plaints about the requisitions of the Austrians. One
man had to take guns to Piacenza, and got for his
four horses and himself one florin, or about two shil-
lings, per diem. At the end of the journey one of his
horses had broken knees, and another had been
taken without payment for a battery. Another
man had to transport stores beyond the Mincio,
remained a fortnight, and, seeing no chance of
being let go, left cart and horse and ran home on
foot. Almost every coachman and cart-driver has
his story, if you will but listen to it.
But even if most of the stories which you hear
about the requisitions of the Austrians were exag-
gerated, the fact of this district having had the
pleasure of dispensing a forced hospitality to two
large armies in succession would be sufficient to ac-
count for the scarcity or absolute want of many
things, for the country is just as poor as it is pic-
turesque. The source of the richness of Lombardy
is the elaborate system of irrigation ; the more per-
fect this is in a district, the greater are the resources
of it. Now, the country from the plain before
Montechiaro, through the hilly district to the south
of the lake up to Verona, is on too high a level to
be accessible to the beneficial effects of this great
fructifying agent. It is entirely dependent on the
bounty of the skies, which is not over generous in
spite of the vicinity of the Alps, as you see from
the poor crops of corn and maize which you meet
with. In breadstuffs all this district scarcely pro-
duces what it wants for its population. The two
great articles of its production are wine and silk,
which you can easily recognise from the quantity
of vineyards and mulberry tress. What the wine
is you conclude from the number of manufactories
of vinegar you see and the virulent acid smell
which strikes your nostrils in passing through a
place. The silk has been, until lately, a source of
comparative well-being, but the malady of the silk-
worm for the last few years has brought down this
prosperity considerably.
As for the Austrian Government, it is but just to
say the peasantry has nothing to complain of, for
you will be surprised to hear that, with the excep-
tion of the indirect taxation by the monopolies of
salt, tobacco, stamped-paper, and the Custom-house,
the peasant pays not a farthing of direct taxes.
Formerly there was a kind of a poll tax, but this
has been done away with. All the taxes are on the
shoulders of the landlord. The greater part of this
district consists of great properties, the owners of
which reside for the most part in the towns, coming
only during the autumn to spend a few weeks on
their properties. Only very few small properties
are found which are cultivated by the labour of the
owners ; all the rest of the country people are merely
farmers and labourers. Those who have four or
more oxen belong to the former class ; they are
given, according to their means of work, a certain
amount of ground, with a house on it, which is sup-
plied by the proprietor of the soil. They have to
get the seed and provide the necessary labour, and
of the produce two-thirds belong to them and one-
third to the landlord, who, as proprietor, has to pay
out of this third the heavy land-tax, or, as it is
called, the " prediale." Those who have no cattle or
the means of procuring them are hired as yearly
labourers. They get a house supplied, a certain
number of oxen according to the extent of the land
they are to cultivate and the manual labour the
family can supply. The whole produce goes to the
landlord, who gives out of it a certain pay in money,
corn, maize, hay, wine, wood, &c , to his peasants,
who are called " Lovarii." It is scarcely necessary
to say that it is again the landlord who has to pay
the l
cultivation of silk is an affair apart. The
land-tax.
Th
landlord forms what is called a ' Societe,' or society.
He gives a certain quantity of the eggs of the silk-
worm to each family, and assigns to it a correspond-
ing number of mulberry-trees for the maintenance
of them.
He
w suppliesi
twith
itsfarm
a house
or
as
lf a theboufraemrs. family has
pro-
duceasotequally between the landlord and
landlord as owner of the mulberry alreadyis
dividedon
his partner. The

trees As again the man who is taxed by the Govern-
ment. But tis is not all ; the landlord has to bear,
besides , all the risk, and this has been great during
the last few years. For what happens ?' says my in-
formant, a simple-minded but intelligent parochial
'priest, "The partner comes to the landlord and says
Padro:ne (or, as he pronounces it, parron') I want
some p clenta to feed my family.' There,' says the
landlord, is your polenta.' Another comes, and
says, Parron, I want some wood, for it is cold, and
the worms will die unless I keep them warm.'
There is the wood,' says the landlord. Again
another wants money to pay those who strip the
leaves from the trees and bring them, and gets a
copper or two from the landlord. And so it goes
on, the landlord having to supply all preliminary
expenses. Then comes the time of the galette,' or
cocoons, and, lo it is a failure ; not only does the
landlord get no silk, but he has to pay the taxes
and loses into the bargain polenta, wood, and
money,
" This expose will throw some light on the dispo-
sition of the Lombard peasantry, and show why it
has hitherto remained tolerably indifferent in the
plains. It pays nothing except for salt and tobacco,
and has to give recruits. Like most peasantries in
the world, it has not raised itself to any other
ideas except to eat, drink, worship its favourite
saint, propagate the species and die. It would be
ridiculous to expect enthusiasm unless some mate-
rial advantage is offered. It is with this view that
the new Government has decided on a great reduc-
tion in the price of salt, with which it hopes, and
perhaps not without reason, to catch the peasantry
in the plains. In the mountains, there are more
small properties, and where consequently the poc-
ket is emptied by the heavy land-tax imposed by
the Austrian Government, the peasant is just as
much for the overthrow of the Austrian rule as the
upper classes and towns are everywhere in Lom-
bardy."

LAW INTELLIGENC.E-July 9.

COURT OF QUEEN'S BENCH.

(Sittings at Nisi Prius, at Guildhall, before Lord
Chief Justice Cockburn and a Special Jury.)
JONES V. REYNOLDS-LIBEL.

Mr. Edwin James and Mr. Karslake conducted
the case for the plaintiff; and Mr. Sergeant Shee,
Mr. Hawkins, the Hon. George Denman and Mr.
Prentice that of the defendant.

This was an action for a libel, brought by Ernes
Jones, of Chartist celebrity, against the defendant
as the publisher of Reynolds' Newspaper, to re-
cover compensation in damages for a series of al-
leged libels, which the plaintiff contended reflected
on his character. The defendant to this action
pleaded not guilty, and he further pleaded a justi-
fication.
The learned counsel for the plaintiff, in opening
the case, observed that Mr. Ernest Jones was a
gentleman who was extensively known to the public
by reason of his having taken an active part in
political discussions. The defendant was the pub-
lisher and proprietor of a weekly publication which
was called Reynolds' Weekly Newspaper, and also
of another publication, called Reynolds' Miscellany.
It was alleged by the defendant that his first
named newspaper had a weekly circulation of
150,000, and as to the second, it circulated half a mil-
lion copies, so that the jury would see that any libels
published in either of those papers must go from
one end of the world to the other, and therefore
the injury inflicted must be proportionably great.
He would now state to the jury who and what Mr.
Jones, the plaintiff, was. He was a gentleman by
birth and education, and was the only son of a
gentleman who was a colonel in the 15th Hussars,
and had been equerry to the Duke of Cumberland
when King of Hanover. In 1844 the plaintiff was
called to the bar. Mr. Jones, in early life, had ex-
pressed what in those days were considered to be
very strong opinions ; but he had every right to
express those opinions in a country like England,
where free discussions upon all subjects were per-
mitted, provided the law was not infringed. Those
opinions were called Chartist ideas ; they insisted
on six points being granted—the ballot, registered
manhood suffrage, annual Parliaments, paid mem-
bers, no property qualification, and electoral dis-
tricts. At this moment one of those points, the
qualification, had been ceded. This question of the
charter had led Mr. Jones to use very strong lan-
guage. The defendant also was a strong advocate
for the charter. In 1848 Mr. Jones was prose-
cuted for his strong language upon this subject of
the charter used by him at a meeting in Bonner's
Fields, and, being convicted, was sentenced to two
years' imprisonment; he underwent that imprison.
ment, accompanied by the silent system. Upon his
discharge, it struck Mr. Jones that the better way
to obtain the charter was to enlist the support of
the working classes. This gave umbrage to the
defendant, and in September, 1858, he com-
menced attacking Mr. Jones ;• he continued his at-
tacks as far as January, 1859. In September, 1858,
Mr. Jones had offered himself to the electors of
Greenwich as a candidate for their suffrages,
and in his addresses he advocated the union
of the middle classes with those who were called
Chartists. The defendant upon this charged the
plaintiff with having sold the People's Paper, and
defrauded those to whom it belonged ; with having
sold himself to the Manchester Liberal party ; with
having obtained money from his dupes, and existing
upon the gullibility of those whom he had got into
his power. The language in which these libels
were couched was. exceedingly strong, alleging
that the plaintiff was obliged to have recourse to
recourse to the meanest shifts, and
the begging box, with being a mendicant clap-trap
speaker, having
the most mendacious means to keep the People's
Paper going. That the plaintiff was never at a loss
for an excuse for sending round the begging box,
and it was alleged that his profession of a barrister
had never produced him a crust of bread. That he
was
no
tonly
a contemptible but dangerous person,
determined to live on those who earned their bread
by the sweat of their brow. It said that he was
the most shameless of mendicants and illiterate of
beggars. That the People's Paper belonged to
them, and that the profits arising from it ought to
go to the advancement of their cause. The libels
alleged that the plaintiff had sold it without their
knowledge and had pocketed the money. They
spoke of the plaintiff's frothy vanity of having been
an honourable guest at the Queen's table, and of
being a relative of the Plantagenets. The plaintiff
could not submit to those continual attacks, and
was therefore obliged to bring this action, and ask
a jury of his country to give him such damages as
would reinstate him in society and place his charac-
ter in its proper light.
Mr. Ernest Jones—l am the plaintiff. I was
educated abroad. I came to England when I was
nineteen years of age. I entered myself for the bar,
and was called in April 1844. In 1845 I espoused
the Chartist cause. I became acquainted with the
leaders of that party. I became joint editor with Mr.
Feargus O'Connor of the Northern Star and The
Labourer. In 1848 I resigned my situation, worth
£250 or £3OO a year, and became an unpaid dele-
gate of the Chartist Assembly. I made a speech in
Bonner's-fields in that year, for which I was arrested
and imprisoned for two years under the silent sys-
tem. I took an interest in the Chartist cause after
my release. The Northern Star theu ceased to be
published. I published in 1850 a new paper, called
the Notes of the People. It was issued weekly at
2d. It became the Chartist official organ. I wished
to establish a paper for the exclusive advocacy of
the Chartist movement. In every large town com-
mittees are elected to represent the Chartists.
They are to communicate with similar committees
in London. I suggested that the body should sup-
ply me with funds to support an organ in their be-
half ; half the profits to be paid to the treasurer of
the National Conservative Association, the other
half to myself. All loans, where demanded, had
been repaid. I had an audit committee appointed.
The details were published by me in the paper. I
purchased type in July, 1852. Then I went to
Halifax to contest that borough, when there was a
systematic attempt made to get the paper from me ;
but a vote of confidence was passed in my favour.
I brought the paper out, and it lived till the 26th
June, 1858. Subscriptions were paid in from time
to time, but the paper never paid. I appealed in my
own name several times for subscriptions at there-
quest of the committee. Every shilling that was
received was acknowledged as received, and applied
to the People's Paper. Its success was variable. I
had the London News, and contributed to other
publications. All the proceeds went into Mr.
M‘Gowan's hands. The printer and committee had
cognkance of all that was going on. There was a
weekly debt, and I was the responsible party, and
found money for bringing it out in addition to sub-
scriptions, receipts, and donations. I was from
£1,200 to £1,300 out of pocket. I had taken no-
thing for my services; part was for cash advanced,
and part for debts for which I was responsible.
When I sold that paper there were three executions
in the office on account of the paper. The difficul-
ties were referred to in the People's Paper of the
13th of March, 1858. I stated that helps to the
amount of £BO must be given at once. Nearly £9O
was sent, but that did not prove to be sufficient to
save the paper. I was unable to go on with it, and
received £2OO and £5O ; the latter sum was for the
People's Paper, but I was to retain two columns as
my copyright for Chartist purposes, and I bound
myself not to write for any other paper for five
years. Mr. Baxter Langley was associated with
me. He got the paper, and then commenced at-
tacks upon the Chartist party, and I replied to
them in my two columns.
A juror here begged to ask if they were to try
Mr. Jones's political consistency ?
The Lord Chief Justice said it was assailed, and
for corrupt motives.

Examination continued--I issued a circular, and

the committee of the Tower Hamlets offered to
repay Mr. Langley, and get the paper back. I
never received one farthing for serving the Char-
tist cause. I always regretted it. I have always
advocated the views of the working classss on the
fair and just basis set forth in the St. Martin's Hall
Conference. I had opposed several attempts at union
considering them to be mere traps, and they turned
out to he so. I joined Mr. Herbert Ingram's move-
ment on the suggestion of the Chartist body. I saw
my uncle when I came out of prison ; he is now
dead. He was possessed of large estates. He told
me if I persisted in disgracing myself he would
have nothing to do with me. I, however, declined
to accede to his request, and he has left his property
to an old gardener. I have no recollection of stating
that I was a guest of the Queen. I have been pre-
sented at the levees by the Duke of Beaufort (as was
understood). I have replied to questions of corres-
pondents that my wife was the last lineal descendant
of the Plantagenets, and I can prove such to be th•
fact. The London News ceased, and I started the
Cabinet ; that circulates about 1,750. The London
News had a circulation of about 17,000. There is a
prejudice against my paper on account of the de-
fendant's articles. lam still the head of the Char-
tist movement, and the Cabinet is the organ of the
body. The defendant is an ultra-Chartist, and is
more violent and abusive than I am. I suffered from
defendant's attacks at the last Nottingham election.
I never wrote against Mr. Feargus O'Connor, but
have always defended his character. I asked for
an apology, but it was declined.
Cross-examined—I have never practised as a bar-
rister. I went circuit once with Mr. Tindal Atkin-
son. I was offered £2OO a-year if I would take the
sessions practice at Manchester, but I preferred
politics to law. In consequence of having put my
name to bills I petitioned the Court of Bankruptcy
in 1846. I had been swindled. I don't think my
debts were stated to be £6,000.
The jury said it was immaterial whether the
plaintiff was senior wrangler or a bankrupt.
The Chief Justice did not see that it was.
Cross-examination continued—l paid some small
debts in 1844 and 1846. I did not pass the Court in
1852, but I petitioned. I had from five guineas
to twenty guineas a-week from my literary labours.
I sacrificed all for the People's Paper. I had paid.
£1,300 on its account. I was not in extreme po-
verty when I first started that paper. I have had
to struggle against difficulties since I came out of
prison. I was then a poor man. All the means I
possessed I devoted to the paper.
Re-examined—My imprisonment ruined me. In
1841, I married. My wife has a settlement of an
estate in Cumberland and £5,000, in which I have
a life interest, but I gave it up to my creditors on
my insolvency.
By the Chief Justice—One year the subscription
amounted to £29, but in another it was only a few
shillings. The contributions amounted in six years
to about £4OO.

Several witnesses were examined, who stated
that the People's Paper was a losing concern. The
Peacock Committee had purloined the books, and
wished to get the paper from plaintiff. There had
been a meeting, but which had been put an end to
by one putting out the candle and another turning
off the gas.

The jury said it was unnecessary to give further
evidence upon the audit.
The Chief Justice asked the learned sergeant if
he heard this.

Mr. Sergeant Shee did not dispute it.
The Chief Justice thought it went far to show
there had been no misapplication of the funds.
Mr. Sergeant Shee did not charge the plaintiff
with personal pecuniary corruption.
The Chief Justice said it was for the jury.
Mr. Sergeant Shee said his client would be happy
to withdraw all imputation of personal corrup-
tion. Although the defendant had used strong
language, he did not intend to give pain to the
plaintiff, and he wished it to be distinctly under-
stood that he did not believe, nor ever wistied it to
be believed, that the plaintiff had been guilty of
personal pecuniary corruption.
The Chief Justice said the libels had conveyed
that impression to his mind.
The jurors said base imputations had been made
against the plaintiff, and without there being any
pretence for their being made.
The Chief Justice—However they might dis-
agree with the political opinions of these gentlemen,
and think them mistaken, yet there was not a sha-
dow of pretence for the imputations that had been
thrown out against the plaintiff's character.
The jury said they fully concurred in that opinion.
Mr. James said the only condition he should ask
was that the defendant should publish these remarks
in his paper. The plaintiff only wanted to vindi-
cate his character.

The Chief Justice—l think that will be fair. I
ha-re no doubt the defendant will see the propriety
of it.

Mr. James observed that the plaintiff had not
sought a money consideration, but a vindication of
character. He should only ask for a verdict for 40s.
with costs.

The jurors said it was a verdict for 40s. by con-
sent, and the costs ought to be on the higher scale.
The Chief Justice—Certainly.
The verdict was then entered for the plaintiff.
Damages 405., with the higher rate of costs by
consent.