The Sun.
London, England, 1859-02-25 00:00:00

THE SUN, LONDON, FRIDAY EVENING, FEBRUARY 25, 1859.

~ITRACHAN and CO.'s Celebrated Domestic
P., Black TEA, at 3s. 2d. per lb., or 3s. in original packages
if 40 and 801bs. This Tea is particularly adapted to large
consumers, as it possesses extreme strength and roughness.
26, Cornhill, London, opposite the Royal Exchange.

LEGAL and GENERAL LIFE ASSURANCE
SOCIETY, Office, No. 10, Fleet-street.
London, Feb. 24,1859.
NOTICE IS HEREBY -GIVEN, That the ANNUAL
GENERAL MEETING of the members of this Society will
be held at this Office, at 1 o'clock precisely, on TUES-
DAY, the 15th day of March next, when the present
vacancy in the office of director, by the resignation of the
Honourable Mr. Justice Crowder, as well as the vacan-
cies to be then created by four other of the directors
going out in rotation will be filled up ; at the same time the
present vacancy in the office of auditor, by the resignation of
Montague Edward Smith, Esq., Q.C., and also the vacancies
to be then created by two other of the auditors going out in
rotation, will likewise be filled up. The respective directors
and auditors going out in rotation are eligible for immediate
re-election. By order of the Board,
JOHN NETTLETON, Secretary.

PURSUANT to a Decree of the High Court of
Chancery, made in a cause " WORN against SHALE,"
the creditors of JAMES SMALE, the elder, late of Wood-
side, in the parish of Croydon, in the county of Surrey, farmer,
who died in or abOut the month of November, 1854 ; also, the
creditors of JAMES SMALE, the younger, late of the same
place, farmer, son of the said James Smale, the elder, who
died in or about the Month of February, 1856 ; are, by their
solicitors, on or before the 11th day of March, 1859, to
come in and prove their claims at the chambers of the Vice-
Chancellor Rindersley, at No. 3, Stone-buildings, Lin-
coln's-inn, Middlesex, or, in default thereof, they will be
peremptorily excluded from the benefit of the said Decree.
Wednesday, the 16th day of March, 1859, at one o'clock in the
afternoon, at the said chambers, is appointed for hearing and
adjudicating upon the claims.
Dated this 7th day of February, 1859.
CHAS. PUGH, Chief Clerk.
MASTERMAN and UPFILL, 15, Clifford's-inn,
Plaintiff's Solicitors.

HART'S PATENT ECONOMISING GAS
BURNER.—" Polytechnic Chemical School, London.
—This is to certify, that I have carefully conducted a series
of experiments with various gas burners in present use, and
find that 'Hart's Patent Economising Gas Burner' is the
most economical of all, producing, when compared with
others, a saving of 40 per cent.—Signed, this 14th December,
1858, EDWARD J. GARDNER, Professor of Chemistry, &c.,
&c., &c.-309, Regent-street." (Sealed).

RUPTURE S. - WHITE'S MOC-MAIN
PATENT LEVER TRUSS is allowed by upwards of
200 professional gentlemen to be the best for Hernia. It con-
sists of a small and elastic pad, to which a lever is attached,
and (instead of the usual steel spring) a soft bandage, fitting
so closely as to avoid detection. A descriptive circular may
be had, and the truss forwarded by post, on the circumference
of the body, two inches below the hips, being sent to the
manufacturer, Mr. John White, 228, Piccadilly.
Single Truss, 165., 215., 265. 6d., and 31s. 6d. Postage, is
Double ditto, 31s. 6d., 425., and 525. 6d.—Post-office Orders to
John White, Post-office, Piccadilly. Maker of Elastic Stock-
ings, Knee-caps, &c.

PARLIAMENTARY DIVISION.

HOUSE OF COMMONS-FEB. 24.
ROMAN CATHOLIC OATH.

Motion made, and question put, " That this house do re-
solve itself into a committee to consider the Act 10 Geo.
4, c. 7, in relation to the oath thereby required to be
taken and subscribed, instead of the Oaths of Allegiance,
Supremacy, and Abjuration." The house divided—
Ayes, 122; Noes, 113.

• AYES —122.
Agar-Ellis, Hon. L. Foley, J. H. H. Paget, C.
Anderson, Sir J. Forster, Charles Pease, 11.
Ayrton, A. C. Fortescue, Hon. D. Philips, Robert N.
Baines, M. T. Fortescue, C. S. 'Pilkington, James
Baring, Sir E. Fox, W. J. Pritchard, John
Baring, Thos. Geo. Garnett, W. J. Puller, C. W.
Bass, M. T. Gibson, T. M. Ramsden, Sir J. W
Baxter, W. E. Gilpin, C. Ricardo, 0.
Beamish, F. B. Glyn, G. G. Ridley, G.
Black, Adam Greene, Capt. J. Robartes, T. J. A.
Blake, J. A. Greer, S. McCurdy Rothsohild,Baron L
Bowyer, George. Grey, Ralph W. Roupell, W.
Brocklehurst, John Gurney, John H. Russell, Lord J.
Brown, Wm. Hadfield, Geo. Russell, A. J. E.
Browne, Lord J. T. Hamilton, Captain Russell, F. W.
Bruce, H. A. Ilatchell, John! Salomons,Alderman
Buchanan, W. Hayter, Sir Wm. G. Samuelson, B.
Buller, J. W. Headlam, Thos. E. Scholefield, W.
Byng, Hon. G. H. C. Herbert, 11. A. Smith, J. A.
Caird, James Hodgson, K. Smith, R. Vernon
Campbell, R. J. R. Holland, E. Somerville, Sir M.
Clay, James Hutt, W. Spaight, J.
Clifford, J. C. Ingham, R. Stapleton, J.
Clive, George Ingram, 11. Steel, John
Cogan, W. H. F. Jackson, W. Sullivan, M.
Collins, T., jun. Jervoise, Sir J. Thompson,Maj-Gen
Cox, Wm. Johnstone, Sir J. Thornely, T.
Craufurd, E. H. J. Kershaw, J. Tollemache, lIon.F.
Crook, Joseph Kirk, W. Turner, J. A.
Daiglish, Robert Labouchere, H. Waldron, L.
Davey, Richard Laslett, W. Watkins, T. L. V.
Deasy, Richard McCarthy, A. Western, T. S.
Denison, W. H. F. M'Cann, J. Westhead, J.
De Vere, S. E. Maguire, J. F. Whitbread, S.
Devereux, J. T. Mangles, Capt. C.E .White, J.
Duff, M. L. G. Matheson, A. Willyams, E. W. R.
Dunkelin Lord Melgund, Visct. Wilson, J.
Dunlop, A. M. Monson, W. J. Wood, W.
Elphinstone, Sir J. Nicoll, D.
Esmonde, John Norreys, Sir C.
Evans, T. W. O'Brien, I'.
Ewing, H. E. C. Ogilvy, Sir J.
NoEs-113.
Adderley, C. B. Foster, Sir G. Montgomery, Sir G
Adeane, 11. J. Fraser, Sir W. A. Mowbray, Rt. Hn. J
Arbuthnott, Gen.H. Gard, It. S. - . Naas, Rt. Hn. Lord
Archdall, Capt.M.E. Greenwood, J. Newdegate, C. N.
Baillie., Charles Gray, William North, J. S.
Mille, H. J. Hamilton, Lord C. Northcote, Sir S. H
Ball, E. Hamilton, Jas. H. Onslow, Guildford
Barnard, T. Ilanbury, R., jun. Paeke, C. W.
Bernard, Lieut.-Col Hardy, Gathorne Peel, Rt. Hon. J.
Barrow, IV. H. Henley, J. Pevensey, Viscount
Bentinck, G. W. P. Hopwood, J. T. Pigott, Francis
Beresford, W. Horsfall, T. B. Pryse, Capt. E. L.
Botfield, Bcriah Ilotham, Gen. Lord Rebow, J. G.
Bovill, Wm., Hudson, G. Richardson, J.
Bramley-Moore, J. Johnstone, J. J. H. Scott, Hon. F.
Bridges, Sir 8., Bt. Jolliffe, Sir W. Sibthorp, G. T. W.
Cairns, Sir H., Kekewich, S. Smith, Sir J. M. F.
Cartwright, Col. H. Kelly, Sir F. Smyth, John G.
Child, Smith King, J. K. Spooner, R.
'Churchill, Lord A. Kinnaird, Hon. A. Stanhope, J. B.
Close, M. C. Knatchbull, W. Steuart, A.
Cobbett, J. M. Knightley, R. Sturt, 11. G.
Codrington, Sir W. Knox, Major W. S Sturt, Capt. C. N.
Conolly, Thomas Langton, W. H.P.G .Tempest, Lord A.V.
Corry, H. T. L. Langton, 11. G. Trefusis, Hon. C. H.
Cubitt, Ald. W. Lefroy, A. Vance, John
Darner, L. S. W. D. Lovaine, Lord Vansittart, G. H.
Disraeli. Benjamin Luce, T. Vansittart, Wm.
Dobbs, W. C. Lytton, Sir E. B. Verner, Sir Win.
Dod, John W. Macartney, E. Walcott, Adm. J. E
Du Cane, Chas. Macaulay, K. Walpole, S. 11.
Duncombe, Rear Ad. Mackie, J. Warre, J. A.
Estcourt, T. S. Mainwaring, T. Whiteside,Rt HnJ
Farquhar, Sir W. Matins, R., Woodd, B. T.
Fellowes, Edward Manners, Ld J. J.R. Wynne, W. W. E.
Finlay, A. S. Maxwell, Lt.-Col.J.
Fitzgerald, W. R. Miles, W.
Foley, Hon. J. W. Miller, T.
Forester, Col G. C. Miller, S.

For Against
Mr Ennis ....Mr Farnham
Mr O'Connell Sir It G Booth
Mr Bagwell ..Mr Noel
Sir R Levinge.Mr Jones
Mr Beale .....Mr Laurie

Mr Kinglake.. Sir W Carden
Mr M`Mahon Gen Wyndham
Honl'BouverieSirJ Pakiagton
Mr It Crawford Mr Wadding-

"ton
Mr Bland
__ Col Gilpin

TELLERS.
Fitzgerald, J. D.
Fagan, W. T.

TELLERS.
Whitmore, H.
Adams, W. H.

For Against
Mr Slaney Mr M'Clintock
Col Clifford Mr B John-

Mr Monsell Col Taylor •
Mr Mellor Mr Paull
TheO'DonoghoeCol B Knox
Mr Gregson MrKerSeymer
Mr Locke ..., 31rMorgan
Sir G Pechell Mr Bennet

stone
Sir E Colebroke Mr Percy
Mr C Villiers ..MrHGLiddell
Mr Horsman —MrKendall
Lord Bury FarlofLincoln
Sir H Verney ..Mr C Bruce
Mr F North Mr Robertson
Mr Schneider ..Mr W 0 Gore
Mr Handley ... Lord B HUt
My Hastings Lord W Gra,
Russell
Sir J Trelawny Mr Mbody
.;Mt; Powell Mr Cross

Mr Comoghaut Mr Rolt
IMr Price Mr Decdea

BANK RETURNS.

The Bankers' Magazine furnishes the returns of the cir-
culation of the Private and Joint-Stock Banks in England
and Wales for the four weeks ending Jan. 15. These
returns, combined with the circulation of the Scotch-and
Irish Banks for the same period, and the average circula-
tion of the Bank of England for the four weeks ending the
12th Jan. (the nearest date furnished by their returns),
will give the following results of the circulation of notes in
the United Kingdom, when compared with the previous
month :

Dec. 18, Jan. 15,
1858. 1859. trtereage. Decrease.
--- _ -..--..
Bank of England 20,113,189 20,444,689 331,500
Private Banks 3,325,405 3,343,026 17,621
Joint-stock Banks 2,877,234 2,904,770 27,536
—_. .—,
Total in England 26,315,828 11154692,485 376,657
Scotland 4,355,438 4,100,052 255,386
Ireland I
6,756,8891 '6,729,747 27,142
I
United Kingdom. 37,428,155, 37,522,284 94,129

And as compared with the month ending the 16th January,
1858, the above returns show an increase of £1,684,020
in the circulation of notes in England, and an increase of
£2,555,237 in the circulation of the United Kingdom.
On comparing the above with the fixed issues of the seve-
raLbanks the following is the state of the circulation :
fha English private banks are below their fixed
£1,061,909
issue
the English joint-stock banks are below their
fixed issue £397,587

Total below fixed issue in England.... £1,459,496
The Scotch banks are above their fixed issue .. £1,012,843
The Irish banks are above their fixed issue .... £375,253
The average stock of bullion held by the Bank of Eng-
land in both departments during the month ending the 12th
of Jan. was £19,113,524, being an increase of £237,978 as
compared with the previous month, and an increase of
£7,061,389 when compared with the same period last year.
The following are the amounts of specie held by the Scotch
and Irish banks during the month ending the 15th Jan. :
Gold and silver held by the Scotch banks £2,530,709
Gold and silver held by the Irish banks.. _ 2,407,244

£4,937,953
Being an increase of £107,054 as compared with the
previous return, and an increase of £392,207 when compared
with the corresponding period of last year.

THE LATE MR. JOIIN , PARSONS COOK.—The
tombstone of this deceased gentleman has just been placed in
Rugeley churchyard. It is the work of a London artist, and
is of a plain unpretending exterior. It is a solid block of
Bath stone and oblong in shape, being about six feet long by
two feet wide, and its elevation is also about two feet. The
following is the inscription on the stone :—" Sacred to the
memory of John Parsons Cook, late of Calthorpe-lodge,
county of Leicester, whose life was taken away on the
night of the 22d of November, 1855, in the 29th year of his
age " Amiable and affectionate in his disposition, kind
and generous in his conduct, he was sincerely beloved, and
will long be lamented by his kindred and friends." On the
sides of the stone are inscribed several texts' of Scripture.
—Wolverhampton Chronicle.
•

MANNING THE NAVY.

(From the Daily News.)
Last night, in the House of Lords, Lord Stanley
of Alderley very properly drew attention to some
irregularities attending the presentation of the
Report of the Commission on Manning the Navy.
Where was the evidence ? Why had not the com-
mission itself been printed, so that it might be
seen whether the report was that of all the mem-
bers ? Where was the separate report of Mr. Lindsay,
and why was it not laid before Parliament ? The
replies of,the Earl of Hardwick° to these questions
were very inconclusive and unsatisfactory, and it is
evident that there is a secret history of this report
which needs to be unveiled.
Taking up theconsideration of the report at the
point where we interrupted our observations yester-
day, we beg now to call attention to the proposed
plan for obtaining an adequate and constant supply
of trained seamen.

It commences with a recommendation to enlist
adults at once from the short voyage traders, and,
for the future maintenance of the force, to rely on
boys, specially. trained, in conformity with the
practice long since adopted with so much advantage
to the service.

The new body, it is suggested, might be called
the "Royal Naval Volunteers," and, as inducements
to join, it is recommended that they should be paid
at short periods—receive remuneration while being
trained, and pensions on attaining the ages of 50 and
55—be admitted from time to time into the Coast-
guard, and finally participate in the advantages
of Greenwich Hospital. The obligations on the
part of the corps would be to practise gunnery and
to serve at sea in case of emergency. Conditions
would also be imposed securing their coming for-
ward to serve on board ship at any time on short
notice.
With respect to the future supply, the proposi•
tion is that at each of the large ports a training-
ship should be established, with accommodation for
from 100 to 200 boys, half of -whom should be
maintained by the Government, and that these
vessels should be under the superintendence of the
Board of Trade, the main intention being to train
boys for the merchant service. However, after the
period of instruction has passed, the boys are to be
inspected, a limited number only having the option
of going into the navy. It is presumed that these
training ships would furnish annually 1,200 able-
bodied lads, and that the different seaports would
yield•as many more. to the maritime occupations of
the country, all of whom shipowners would be
willing to take ; contributing at the same time a
small annual sum in aid of the Pension Fund. It
seems that an annual contribution of la from the
age of 14 would secure to the sailor a pension of
£l2 a year by the time he attained 50 ; of £l5 from
52 to 53; and of £lB at 55. It is therefore recom•
mended that £5 be paid quarterly to the seamen
themselves, so as to secure their appearance at short
intervals, and that the State, moreover, should con-
tribute £1 per annum to the Pension Fund for
every man. The total annual cost of these school-
ships, including training in gunnery, wcPild probably
be £200,000 per annum.
Recapitulating, then, briefly, the whole of the
recommendations in the report, the country would
by their adoption acquire a reserve of 60,000 men
in addition to the 5,000 marines, suggested as a
judicious increase to that force, and in addition
also to 5,000 volunteers, who would probably be
absent on leave in the merchant service. For
the alleged increased security thus obtained the
country would have to provide an annual sum
altogether of £598,821, or in round numbers of £lO
per man, for these additional levies. Admitting
that anything like absolute immunity could be
thus guaranteed, the charge cannot be deemed
excessive, when we regard the enormous amount of
insurance, the premium on which is thereby repre-
sented. The question is, would the adoption of all
the recommendations embodied in the report meet
every probable exigency? We think not; and, as
we have already observed, we consider that the
scheme is not only likely to prove abortice, but far
from being sufficiently comprehensive in its provi-
sions. No doubt the problem to be solved is a diffi-
cult one ; but apart from all ulterior considerations
it really amounts to this—How are we to have
always an ample amount of reserves in time of peace,
capable of being instantly available on the occur-
rence of a sudden emergency, without unnecessarily
crippling in the meanwhile the industrial resources
of the community ? We have now seen the result
of the aggregate wisdom, after long inquiry and
mature deliberation, of a body, composed of peers
of the realm, members of the legislature, admirals,
and shipowners. At the same time it must be
borne in mind, as already stated, one Commissioner,
Mr. W. S. Lindsay, whose opinion as a plain prac-
tical man and as an extensive shipowner -would
have been most valuable, declines to append his
signature to the report. He must obviously have
stated his reasons for adopting such a course, yet
no clue whatever is afforded as to his grounds of
dissent. . _

Again, the report is entirely silent upon a very
material topic, one which in the opinion of all ex-
perienced nautical men is at least as important as
any that have been touched upon—namely, the
means of insuring an adequate supply of officers in
case of war. The public at large no doubt suppose
—considering the long roll of officers of all denomi-
nations comprised in the Navy List—that there is
enough, and more than enough, to meet any crisis.
But this is a complete fallacy. Let us select, for
instance, the lieutenants whose names stand on the
roll for Jan. 1, 1859.
The total number is 1,038, of whom 67 per cent.
are
nsosv important, actually
leaving engaged on various services more
or le
350 to meet all contingen-
cies. But of these how many would prove effective?
Some ten or a dozen of them are, it is true, afloat,
l
but mostly on board ships in ordinary. The lieu-
tenant who heads this list has held his commission
for nearly half a century, and must therefore be
past 70, while the most juvenile must be some-
where between 40 and 50, consequently almost past
the time when the greatest amount of physical
ability can reasonably be expected of him. Of the
last 500 on the list, there are 365 afloat, so that
-only 17 per cent. of those in the prime of life are
left by way of reserve.
There were, on the Ist January, about 250 ves-
sels of all classes in commission, including 32 ships
of the line. Now, supposing a sudden and serious
emergency to occur, whence are we to obtain a
requisite number of efficient officers, under the
grade of commander ? We have surely seen enough
of late, without specifying instances, of the ill
effects of entrusting important posts to superan-
nuated veterans ; is it wise to run the risk of a
recurrence of similar mishaps ? Still, no sugges•

on has as yet been offered to meet the very paten.

defect above indicated. It is possible that impor-
tant advantages might be secured to the country
by some approach to an amalgamation between the
Queen's and the merchant service. In professional
education, in social position, no less than in general
attainments, the majority, of officers in the mercan-
tile marine are scarcely, if in any respect, inferior
to their brethren in the Navy. If an opening were
afforded whereby, those who had distinguished
themselves professionally on board merchant ships
could, upon passing a suitable examination, become
eligible for commissions in the Royal Navy, not
only would a higher tone be speedily infused into
a fine body of gallant and enterprising young men,
already trained to a sea life and to a certain extent
disciplined, but the Government would be relieved
of what must necessarily prove a formidable em-
barrassment on the first breaking out of hostilities.
Whether this suggestion be adopted or not, it
might be a wise course to throw open the advantages
of Greenwich Hospital to well-conductedseamen who
have served meritoriously for specified periods on
board merchant ships. The income of that noble
institution is now £140,000 a year, a sum which, if
more judiciously expended, would provide a com-
fortable as for a far greater number than are
benefited by the relief it provides, at the same time
that, as a home in old age, its hospitable shelter
would be eagerly sought, instead of being, as under
the present regnne, shunned.
With respect to minor matters, there are many,
well known to all naval men, to: which we have
scarcely space to advert just now, but they include
a better organised system of payment, the abolition
of the present obnoxious practice of flogging, as
also the establishment under suitable regulations
of libraries on board ship for instruction and
amusement.
We are upon the eve of great changes in the
navy, changes that have been long imperatively
called for, and the sooner the reformation of all
admitted abuses is set about in earnest, the better
it will be for the service. Far more is needed than
is embodied in the report just printed. Indeed, as
that document stands, we have little hesitation in
expressing a conviction that it will never be acted
non.

SYMPTOMS OF THE END OF THE SEPOY REPEL.
LloN.—The berths on board the homeward Indiail
packets for several weeks to come are all taken.

LAW INTELLIGENCE.—Feb. 24

COURT OF QUEEN'S BENCH.
(Sittings at Nisi Prius, at Guildhall, before Lord
Campbell anda Special Jury.)
NEAL V. SEALE.
Mr. Sergeant Ballantine and Mr. Barnard ap-
peared for the plaintiff; Mr. Hawkins, Q.C., and
the Hon. G. Denman for the defendant.

The plaintiff in this action, Stephen Neal, de-
scribed himself as a mining engineer and secretary
to three mining companies, and he sued the defen-
dant, Edwin Wilmot Seale, the proprietor of the
Sunday Times, to recover damages for three libels
published in that newspaper, imputing to the plain-
tiff that he was a getter up of bubble companies,
&c. The defendant pleaded the general issue, and
also a plea of justification, alleging that the matters
complained of were true in substance and fact.

ntine, in opening the case to
the jury, said the plaintiff had acquired some taste
for mining affairs at Matlock, in Derbyshire, where
he was born, but, having left his native place when
18 years of age, he went to Manchester, where he
became inspector of nuisances, and afterwards, for
a number of years, held the appointment of chief
constable of Salford. In the course of last year he
brought an action against a Mr. Isaac, of the firm
of Isaac and Campbell, in Regent-street, and the
jury found a verdict in his favour. The cause itself
was of little interest, but it so happened that the
trial excited a great amount of interest, from the
circumstance that the plaintiff had been mixed up
with the doings of the notorious Col. Waugh. The
trial was reported at length in the daily papers,
and was commented upon with great force in the
Times, Daily News, and Morning Herald. But
the Suizday Times, without publishing any report
of the trial, on the Sunday following, viz., on the
19th of Dec., 1858—published an article in which
they made their first attack on the plaintiff.
The article was headed "Raising the Wind," and
the learned sergeant proceed to read the greater
portion of it, passage by passage, saying as he .pro •
ceeded that he should prove that the libellous
porfions of it were entirely without foundation.
As the article was afterwards read at length we
insert it here entire. It was as follows :

" RAISING TILE WIND.
" It is incredible how infinite is the variety of expedients
whereby personal ingenuity draws upon public credulity for
the means of subsistence—in this Babel of active and ener-
getic-life—from the modest inquiry of Jeremy Diddler,
Hive you such a thing as 10d. about you ?'—to the mag-
nificent delusions of a Sadleir or a Waugh. •
" The recent trial of ' Neal v. Isaac,' which at this mo-
ment occupies so large a portion of public attention, and
which has elicited the editorial indignation of the Times,
Daily Hews, and Morning Herald, against the fugitive
colonel of Eastern Bank notoriety, may be turned to
more practical use as a caution against the bubble mongers
and bubble schemers who infest society. These harpies
exist, and sometimes thrive, upon the weaknesses of their
fellow-creatures. Their business is to delude the unwary,
that they may realise a golden crop from the seed of im-
pudence which they have sown broadcast upon the soil of
ignorance and greed.
" Theigentlemen of the scheming genus are of divers
grades, from the crow to the kite ; and it is amusing to note
the thousand expedients by which they feed themselves
upon the tiny worm as its pokes its inquiring nose above
the ground, in the purlieus of Bartholomew- •lane, or upon
the elephantine capitalist, who, obtruding his proboscis
within the sanctum of Capel-court, falls a victim to the
-violent designs of more voracious cormorants, and becomes
mere carrion for the fattening of the ignoble vultures.
" Recurring to the trial in the Queen's Bench on Monday
last, we -would observe that the verdict was found upon evi-
dence which was short of the whole truth ; and it is an ano-
maly in our courts of judicature, that when the jury is
sworn to give a verdict upon the evidence, the judge should
presume to interpose his imperious authority in prevention
of the whole truth (pertinent to the inquiry, and essential
to the attainment of a just verdict) being told by the wit-
ness and heard by the jury.
" In his summing up, Lord Campbell left the question as
one of credibility, and seemed to have forgotten that when
the learned counsel for the defendant endeavoured to elicit
evidence touching the devices by which the plaintiff sought
a livelihood, he had dictatorially intervened in protection
of Mr. Neal from the possible consequences of such iuves-
tigation. Without impugning the conscientiousness of the
jurors—for they only formed their conclusion upon the evi-
dence which was permitted to reach them—we think it
extremely possible that, had they been better informed as to
the position and pursuits of Mr. Stephen Neal, they would
have returned a verdict more in accordance with the merits
of the case, and much more conducive to the interests of the
community."
- - - -

Mr. Hawkins said he did not intend to justify
that passage. (Lau.p;hter.)
Lord Campbell said, he should not complain.
Mr. Sergeant Ballantine said, it was impossible
for the defendant to justify that paragraph, for the
fact was that Mr. Isaac's counsel (Mr. Chambers)
never was stopped in his life, and, moreover no ex-
ception was taken to his lordship's ruling, and no
application was made for a new trial.
Lord Campbell then addressed Mr. Hawkins and
asked him whether he meant to justify the whole
of the article. It could not be said that it was a
fair comment on the trial.

--
Mr. Hawkins said he meant to rely on the plea
of justification.
Lord Campbell said the learned counsel would
have a formidable task, as he would have to go
through the whole of the plaintiff's life.
The plaintiff, Stephen Neal, was then called and
examined by Mr. Barnard. He said—l am the
plaintiff in !this action. I reside at Islington. I
am a mining engineer, and secretary to three mining
companies. lam also London agent for a Man-
chester house, Messrs. Kershaw and Co. I have
been connected with mines and miningtransactions
since I was a boy. I was born at Matlock. I left
at 18, and was in employ at Manchester for many
years. I was at first warehouseman, and then
superintendent of nuisances for 12 or 14 years. In
1848 I became chief constable of Salford, and re-
signed that office in 1852, and shortly afterwards
left Salford for London. I was the plaintiff in the
action of " Neal v.lsaac," tried in this court on the
13th of Dec. before Lord Campbell and a special
jury, when a verdict was found for the plaintiff for
£347 ss. _ _

Cross-examined by Mr. Hawkins—At 18 I had
got my living at mining. I have been connected
with, 'I should say, 10 mining concerns. I wGuld
not swear I have not been connected with 25 or 30.
There was one called the Haslam Pipe and Shining
Rock Company. That was my father's property.
I was a proprietor, and worked at the mine. lam
48 years of age now. In the action against Mr.
Isaac I claimed £2,035, and my verdict was £3411
ss. I claimed £l,OOO for going over to Spain to
get an affidavit made by Col. Waugh. I swear Mr.
Isaac promised to give me that sum. Mr. Isaac,
on his oath, denied that he had made that promise,
and the jury, after hearing us both, gave a verdict
for £347 ss. I was insolvent in 1852. My debts
were rather over £5OO, My assets were, excepted
articles, " over coats, boots, &c.," valued at £9 4s.
I had some mining shares of no value. My creditors
have all been paid. I married the widow of a
chemist and druggist, and carried on the business
for 12 years. In June, 1853, I had become connected
with the Delarue Silver Lead Mining and Smelting
Company that was to carry out some mines in
Sweden. My name was advertised in the Mining
Journal as Stephen Neal, Esq., 13, Charlotte-street,
Bedford-square. That company is now in existence
under another title, paying handsomely, I am told.
It only existed five months and was sold. I did
not endeavour to sell shares of the company. The
directors never arrived at the stage of paying any-
thing on their shares. The committee paid the
expenses. The shareholders did not threaten to
sue, to my knowledge. Mr. Freebody was the
secretary. I never to my knowledge asked Mr.
Freebody to record his acts and my acts as the acts
of the board. In 1856 there was a company pro-
moted, calledthe Gloucestershire Colliery Company.
No annual return was made to the Registrar of
Joint-stock Companies. I was shareholder and
honorary secretary for probably six months. It
was registered in 1855 as the London Coal Con-
sumers Company. I attended most of the meet-
ings, and paid £250. The name was changed ;
no returns were made under the Act. In
March, 1856, I was in communication with Mr.
Beaven, a solicitor of Bristol, in reference to
this company. This letter is in my hand-
writing. (Read.) The letter referred to other pro-
perty, intended to be put into another
1853 companyhe
That company was never formed. In ter
was a company promoted called tleearreg ova
Copper Mining Company. I never dealti in shares
h
in that corn pany. I may have asked a person named
Crow to dispose of shares. Its name .
has been
changed to the Denbigh Mining Company. There
was another company called the Cardiganshire
Silver Lead and Copper Mining Company. I was
printed in the prospectus as the secretary of that
company. It was never registered under the new
name. It was not carried out. My duties as secre-
tary were not light. I was paid secretary. I was
not connected with the Clew Bay Copper Mining
Company. At the close of 1856 I became acquainted
with Col. Waugh. I formed one of a deputation to
him from a railway company. I met him at the
London and Eastern Bank. On Feb. 2, 1857, I
prepared a report on the Branksea property. My
place of business was at 16, Parliament-street. I
did not pay for the room. I. was there as a civil
engineer. It was at Messrs. Toogood's. (The re-
sport on the Branksea Alum Works was here put
lin and read.) The witness said "his report had
been
_examined into by many scientific men and