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

MARLBOROUGH-STREET.

OPEN-AIR MEETINGS. A respectable-looking man,
stepping into the' witness-box, said that for some time past
large open-air meetings hid been held in the neighbourhood
of Newport Market every Sunday, in support of teetotalism,
but yesterday they were prevented holding it by the police,
and, on expostulating with the police for stopping it, they
were referred to the inspector at the station-house, who told
him he had better attend at the Court and see him (the
magistiate).

Mr. Beadon said the inspector had told him quite wrong
—he had nothing to do with the holding of meetings. It
was entirely with the Commissioners of Police.
Mr. Holden, inspector of the C division, said the police
had orders, owing to the obstruction caused by the assem-
bling of large numbers of persons, and the loud complaints
of the respectable inhabitants, not to allow the meetings to
be held, the order coming from Sir Richard Mayne.
Mr. Beadon said the applicant could see the Commis-
sioners if he thought proper, and the applicant withdrew.

• _ _
EMBEZZLEMENT.-Robert Russell, porter, in the employ
of Messrs. George Harrow and Son, trunkmakers, of 5,
Swallow-street, was charged with embezzling various sums
of money received on his master's account.
One case having been proved against the prisoner he was
remanded.

STVINFEN

ELMSFORD. lodging for the rest of her life, while every gossip
in the county had it to say that she had compro-
No cause tried in a civil court of justice for years mised her case because her own witnesses had tes-
has created so much interest in the legal profession tified to her malpractices, and she ought to
as that of " Swinfen v. Lord Chelmsford," which think herself - fortunate that the kindness
has just occupied the Lord Chief Baron and a special of the, heir-at-law gave her any portion of the
jury for two days at Guildhall. It is not too much old man's property. In this case we cannot help
to say that the questions involved in it were among thinking that Sir F. Thesiger overstepped the
the most important which affect the interests of the bounds of sound judgment, nor can we think that
community. These questions can hardly be said to such compromises are within the just authority of
be decided, since the verdict only acquits the de- any body of men, however learned or honourable.
fendant of conduct which it was mere folly and in- _Times.
solence to impute to him, and it is doubtful whether
the ulterior proceedings will ever raise the real
point which the public would desire to see decided.
The facts of this extraordinary case are as follow :
In the year 1851 there lived at Swinfen-hall, in the
county of Stafford, an old gentleman not far from.
80 years of age, named Samuel Swinfen, of an in-
firm state of body. Whether his mind was equally
affected became afterwards the question in a long
series oflitigation. His son ,H en ry John S win fen ,was
the husband of Patience Swinfen, the plaintiffin this
cause. In 1854 Henry John Swinfen died, in the life-
time of his father, and Mrs. Swinfen, who, if her
husband had in the course of nature survived his
father, would have come into possession by her
husband's will of a property worth from £1,700 to
£2,000 a-year, found herself dependent on the
bounty of her father-fii-law, old Samuel Swinfen,
then in his 81st year. The death of young Swinfen
took place on June 15, 1854, and then old Swinfen
was in very feeble health, and could evidently not
last many weeks. Mrs. Swinfen had thus lost her
inheritance by a most unfortunate fatality. How-
ever, old Samuel had become very fond of his
daughter-in-law, who had been residing in his
house for three years, and on the 7th of July, three
weeks after his son's death, he made a will, leaving
all his real estate to her. A large amount in the
funds and other securities had previously been
transferred.into her name. On the 27th .of July,
three weeks after making this will, old Swinfen
died. Behold, then, Mrs. Patience the possessor of
the Swinfen estates !
But she was not to enjoy them undisturbed. The.
heir-at-law, Frederick Hay Swinfen, knowing
that his aged relative had been in weak health,
and, to say the least, of eccentric habits, at once
filed a Bill in Chancery against Mrs. Swinfen, and
the result was an order by the Master of the Rolls
that the issue of the testator's capacity to make a
will should be tried under a writ issued out of the
Court of Common Pleas by Mrs. Swinfen against
Frederick Hay Swinfen. The trial came on in due
course at the Spring Assizes for the county of Staf-
ford. For Mrs. Swinfen appeared Sir F. Thesiger,
Mr. Alexander, Q.C., Mr. Whitmore, Q.C., and
Mr. Gray—a sufficiently formidable bar. For the
heir-at-law were retained Sir A. Cockburn and
other learned gentlemen. Mr. Justice Cresswell
presided. The trial began on Saturday, March 15,
1856. At the close of the day's proceedings, about
six o'clock in the evening, Sir F. Thesiger was ob-
served to have a few minutes' conversation with
the Judge. He then returned to his juniors, and
in the course of the evening warmly urged on Mrs.
Swinfen the necessity of consenting to a compro-
mise. We cannot go into the question whether
at that or any other time an annuity of £l,OOO
a-year for life was suggested to Mrs. Swinfen
as a fair basis for a compromise ; it is suffi-
cient that Sir F. Thesiger communicated to his
client his impression that the case was going
against her, and that she had better consent to an
arrangement. The lady was evidently from the
beginning averse from a compromise. but on the
Saturday evening she did not absolutely reject it.
She said she was going home to Swinfen-hall, but
that the next day she would send an answer. Ac-
cordingly, about 2 o'clock the next day came a te-
legram, " The offer is refused." Now, the argument
that no specific offer had been made by the other
side, and that the words of the telegram were con-
sequently unmeaning, seems to us to have no
weight. No one could mistake the meaning of the
sender ; it was, that the notion of a compromise
was rejected, and that the trial must go on. So
thought Sir Frederic, his learned friends, the at-
torneys, and every one. But the next morning,
Monday, before the meeting of the Court, Mr.
Simpson, the attorney for the plaintiff, waited on Sir
Frederic and communicated to him certain intern.
gence, and the consequence was that the learned coun-
sel, without waiting for the arrival of Mrs. Swin-
fen, who was expected within an hour of the sit-
ting of the Court, hurriedly compromised the
cause, accepting for his client £l,OOO a-year
for ife, £1,250 for costs, 'with other minor
details, the, attorney entering into the discussion
respecting the various points, but distinctly stating
to Sir Frederic that he, Mr. Simpson, would take
no responsibility on himself. " You must protect
me from my client," says the attorney. " Oh, yes,"
answers .Sir Frederic Thesiger. " I take all the
responsibility on myself," answered the eminent
advocate in the full belief of his authority.
But Mrs. Swinfen was a woman of determined
temper. She came into court a few minutes after
the initials of her counsel, appended withqut her
authority, and in spite of her express prohibition,
had converted her from the possessor of a fine estate
and the mistress of Swinfen-hall into an annuitant
for life, with perhaps a blasted ' reputation as
having been afraid to defend a will which she had
promulgated—as having been unable to maintain
in a court of justice the sanity of the old man, who,
under her care had made a will in her favour.
She at once repudiated the agreement. refused
to perform it, and the series of events took
place which have made " Swinfen v. Swinfen " so
celebrated a cause. The Court of Common Pleas
was only prevented by the dissent of Mr. Justice
Crowder from treating her as guilty of contempt,
they holding it as indisputable law that the counsel
absolutely binds his client to whatever he thinks
proper to agree upon. The Court of Chancery,
however, thought differently. Mrs. Swinfen ob-
tained a new trial, succeeded, and is now the mis-
tress of the Swinfen property. But the delay and
expense she had incurred determined her to bring
against her counsel the action in which a verdict
was given yesterday.
In the hands of an astute, even-tempered man of
the world, such as leading counsel generally are,
Mrs. Swinfen might have proved a formidable an•
tagonist to Lord Chelmsford ; but, unfortunately for
her, and we think for the public, which is so much
interested in the question, her advisers have been
guilty of every fault which can beset a lawyer.
Instead of a declaration charging Lord Chelmsford
simply with having compromised the case without
the authority and against the will of the plaintiff,
and thus caused her to incur great expense and
trouble, there was the monstrous document which
we published on Tuesday, in which the defendant
was charged with having fraudulently betrayed
the interests of his client, in which the Judge is
declared to have "privately, clandestinely, and
illegally" communicated with the defendant, who,
"in collusion with the said judge, wrongfully and
fraudulently" compromised the cass of the plaintiff.
The speech of Mr. Kennedy corresponded with
hese absurd and malignant charges, and showed
hat neither cultivated mind nor academical dis-
nctions are any guarantee for judgment, taste, or

AQUATICS.

ROYAL THAMES YACHT. CLUB.-THE
SCHOONER RACE. .

The schooner race of this distinguished club has been
generally hailed as the great feature of the aquatic season,
but the disparity of size in the yachts for the race last
Saturday detracted from the interest of the nvatch, the mani-
fest superiority of the -winner over the rest enabling it to
achieve an easy victory. The course intended to be sailed
was as usual, from Gravesend round the Mouse Light, snel
back to Greenhithe, and the Eagle, which had been char-
tered to accampariy the race, was conveniently filled with a
very Sashionable assemblage, headed by the noble commo-
dore of the club, the Right Hon. Lord Alfred Paget, M.P.
The following were the boats entered
Yachts. Tons. Clubs. Owners.
1.. Alarm ..... 248 R.Y.S Mr. Joseph Weld.
2. Zouave..... 105 R.T.C. Mr. Richard Arabia.
3. Vestal .... 75 R T.Y.C Mr. F. Ord Marshall.
4. Destiny.... 120 R.S.Y.C Lieut.-Colonel Grimes.
As there was no time allowance, the Alarm, the van-
quisher of the America, and of many o_ther clippers, was,
the favourite at 2to 1. The Alarm had the best station,
being well over to the southward, off Rosherville Pier, but
there was actually not a breath of wind to move them. The
gun to prepare was fired at oh. 2 min. 30 sec., and the
starting gun at oh. 7 min. 30 sec., when a splendid sight
was presented to the admiring gaze of the spectators on
board the steam boats and elsewhere. The Vestal was
liveliest, and had her mainsail up in 33 sec., the Destiny'
being the second to set her after canvas. The Vestal WWI
first rigged, the Destiny second, and the Alarm last. The
Vestal, after canting, drifted away with a slight lead, fol-
lewed closely by the Alarm, who presently forged ahead
off the Town Pier, and with her thirty hands and crowd
of canvas she was something grand to look at. Zottave came
Up, and went by the Vestal to windward, and in a few
more minutes pressed hard on to the Alarm. • Off the
Terrace Pier a slight breeze sprung up east and by south,
and the Vestal made the first board, the Zouave following
suit immediately.. This order was preserved to Coal
House Point, when the Zouave headed the fleet, with the
Alarm close up, Vestal a furlong astern, and Destiny no-
where already. For,about a mile sortie skilful mantettelitiir
went on between the two headmost craft, till in the middle
of the Lower Hope the Alarm showed herself not at all
behind what she has been. The Alarm tacked, as if to
make a board, Zonave close by, like a wise general
followed suit; Alarm was immediately shaken up, in-
stead of being allowed to go about, and the Zouave
not having the opportunity of following up this feint,
the Alarm came out to windward well ahead.
The Vestal was now nearly a quarter of a mile astern to
the Zouave, and right ahead were some splendid vessels in
company, including the Coquette, Zoe, Halcyon, Colum-
bine, Mosquito, Amazon, Volante, Avalon, and Whisper.
A good breeze springing up from east south-east, the
Zouave had again approached the Alarm very closely, but
now the latter began to feel her old friend, a wholsome wind,
and sped along well under a mainsail, fore and aft foresail,
fore gaff-topsail, stay sail, and jib. Vestal sticking to the
Zouave, but the Destiny being between three miles astern.
Thames Haven was passed at lh. 57m. Alarm half a mile
ahead, and increasing her lead the further she went. The
Vestal now made it appear to lie a close thing between her
and the Zouave, and abbut a mile and a half down Sea
Reach she became second, going ahead well to leeward,
but at Hole Haven she again-succumbed to her larger op-
ponent. Off the Chapman the Destiny went aground, and
it being found, between Leigh and Yantlet Creek, that the
tide had run out some time, a boat was dropped for the ves-
sels to round, which they did in the 'following order arid
time :

12. m. s.
Alarm 3 41 55
Zouave
Vestal..

Great excitement was caused at rounding as to •which of
the last two would be first. The Zouave came up well to
round at 4 h. 15 min. 30 sec., but fell short, and had to
make a long board. The Vestal was coming down very
fast behind her, and passed, looking much more likely to do
the turn, but falling off near the boat than the Zouave had
done, she had to make a much longer board, and the
Zouave.; as seen above, went round 3 min. 15 sec. in ad-
vance. The Vestal immediately sent up an enormous top-
sail, but failed to improve her position ; with every stitch
of canvas set the Alarm was going home at the rate of
six or seven knots an hour, and the vessels arrived at
Greenhithe as under :

Alarm
Z ouave
Vestal

h. m. S.
5 43 40
. 6 42 50
6 52 45

LOld ALFRED PAGET, in presenting Mr. Weld with the
cup (a very handsome silver-gilt one, valued at £lOO, ma-
nufactured by Garrard and Co.' being a vase surmounted
with Neptune holding a trident, with serpent handles, and
ornamented with marine subjects), said that that day was
a Very gratifying one to him, not only because Mr. Weld
had afforded him and other members of the club the oppor-
tunity of seeing the magnificent vessel he haffbrought there
that day, but he had additional gratification in seeing an
old and much-loved friend of his (Lord Alfred's) late and
much-respected father. His father and Mr. Weld he might
call two original sailors of that day. Mr. Weld had out-
lived his father. They said the term of man's life was
threescore years and ten. Mr. Weld had passed fourscore
years, and was hale and hearty yet, and he (Lord Alfred)
only hoped he would come among them and sail win in
their matches.
Mr. WELD responded, signifying his intention of be-
cominc, a member of the club.
Ihe band of the Blues, under the able direction of Mr.
Tutton, band-master, applied themselves most indus-
triously throughout the day to amuse and enliven the
company. The club expressed their warmest approbation
of the commissariat department, under the direction of Mr.
May, the steward. Captain Brain, of the Eagle, is also
entitled to his rneed of praise for the excellent view of the
race which he afforded, under the direction of Lord Alfred
Paget; and he materially shortened along day by bringing
the company from Greenhithe to London in an hour and
20 minues.

A well-contested race took place on Saturday evening
last, between two four-oared boats, the rowers being ap-
prentices of Messrs. Myers, the eminent builders of Lam-
beth, the distance being from Westminiter-bridge to Bat-
tersea new bridge, for money prizes. The following are the
names of the crews that contended :
First—Blue.

D. Garnscy. _ _
1 H. Granby.
J. WHugh. A. Crouch.
H. Tammage, coxswain.
Second—Red.

T. Reed.
J. Lewis.

J. Htint.
M. Norris.

W. Land, coxswain.
They rowed level for the first half mile, when Red began
to draw away, and at Millbank-pier were two lengths
ahead ; at this point Blue put on a tremendous spurt, and
at Pimlico they were rowing oar and oar, when, after as
fine a race as ever was seen, Blue eventually won by a
-length and a half.

MURDEROUS OUTRAGE IN THE

STRANGERS' HOME.

temper.
It need not be said that Lord Chelmsford's coun-
sel took advantage of the wrongheadedness of their
adversaries. It was made by them all through a
question of Lord Chelmsford's personal honour,
They easily proved that the witnesses on the first
day broke down ; that the judge's communica-
tion was some trifling remark to the effect that
" Cockburn has damaged your witnesses a little ;"
that Sir F. Thesiger was informed by the at-
torney that a witness on their own side would
be obliged to contradict Mrs. Swinfen on
a most important point ; that, in short, Sir
Frederic had good grounds for believing that a
compromise was the best thing for his, client, and
that he effected it in perfect good faith and sin-
cerity. The result was a verdict for the defendant
—the only one which could be returned on the
issues which the jury had to try.
But we, as, representing the public, may be
allowed to revert to the real question which in-
terests
us all. Are counsel supreme and irrespon-
sible in dealing with the interests of their clients,
and when we bring a cause into court do we abne-
gate all control over it ? The Swinfen cause has
established that this is not law, inasmuch as Mrs.
Swinfen refused to acquiesce
he in her counsel's
ld by the Court
arrangement, and has been up
of Chancery in her recusancy. But
the
Lord Chief Baron, nevertheless, laid down
the proposition positively in his address to
neverthe ju jury. Werog trust. gl h
thtahte Esunchis a Power will
arrogated
d by
bar, or con-
ceded by the courts of the country. Undoubtedly,
ar
the conduct of a cause must be left wit • h
counsel,
and in very amanY cases it must be committed
to their judgment whether a compromise shall
be accepted. The limits of this power it is,
indeed, hard to define, but that there are limits
every man of judgment must see. In a .compli-
cated question of t ccounts, or to' avoid protracted
litigation, a counsel .may take £3OO instead of
£5OO, and it is desirable that suitors, who are often
unacquainted with their
nothing of the breakers true interests and know
ak
ers and quicksands of the
law, should not be
charges against encouraged to make frivolous
their counsel or to repudiate
reasonable arrangements.
of
mankindwill
i But the common sense
1 nsure sympathy with poor Mrs.
Swinfen, who, after telegraphing expressly to say
that she would not compromise, came into court
on that Monday morning to find her estate given
away to her opponent, her home, where she had
lived
for three years, and where she was undoubt-
edly respected, made his property, and herself con-
verted into an annuitant, live ' t o in some London

THAMES.—A negro named Oudee Ojun, but
who is better known as John Burdoe, who was
tried and acquitted at the Central Criminal Court,
on Thursday, on a charge of cutting and wounding
Charles Oliver, a City policeman, was charged be-
fore Mr. Yardley with murderously assaulting and
wounding William Bailey, Gregory Powell, John
Frederick, and a Mohammedan named Kurritn,
with a knife and a razor, in the Sailors' Home,
West India Dock-road, Limehouse.
The prisoner, who, it is feared, has become a
hopeless lunatic, in consequence of the treatment
he received as a slave by a Genoese captain, and
further injuries in a conflict in an attempt to kid-
nap him on board another vessel, was so weak
that he could scarcely stand, and his head was
bound up with plasters, as well as one of his hands.
It appeared that after his release from
Which he
watched
Newgate
on Thursday he was taken to the Sailors' Home.
Duringwhere a manFridayhnaidghptlathceedpfaisoknneirfe, having
w
with
had eaten liis
gotdinner,up, a
andnd h
alsoav i
us seen e us e
a cutnd blind man
with arazor,
nheth uirsll e ose
e weapons, made a furious attack, firston blind
with whom he was sleeping, and then upon
others, who, before they could get the weapons from
him, were frightfully cut and wounded—two so
severely that they are now in a dangerous state in
the hospital. On the a •
val of a policeman the
rri
accused was found beating the blind man with a
poker; and it was only by bringing the prisoner
down with his truncheon that his fury was stopped,
and himself secured from further mischief.
Lieutenant-Colonel Hughes, secretary to. the
Sailors' Home, at whose expense the prisoner was
defended on Thursday, expressed a belief that the
ill-usage the poor creature had received had driven
him mad. He was under an impression that he
was about to be dragged again into slavery.
The prisoner, in answer to Normoyle, the inter-
preter, said he was a black slave, and that the peo-
ple at the Sailors' Home said they would kill him.
This appears to have been a delusion, as he was
treated there in the most kind manner.
Mr. Yardley expressed his conviction that the
man must be insane, and remanded the poor fellow
to be taken care of in the House of Detention until
a proper investigation can take place as to the state
of his mind.

THE REVENUE DEPARTMENTS. The total
amount of the Estimates for the expenses of the 13,evreno.sute.
Departments—the Customs, Inland Revenue, d
ananincrease
office—for the year 1859-60, is £4,739,453, being fizure
of £16,304, compared with 1858-59.
9,664_, the st-
fooffir
ce f507r,1225:0t5hie,21in31,
ran £1,3
nuations of the thlree
departments for £481,221. Part of this has been
departments
money
voted "on account." The Customs employ 5,871 persons,
the Inland Revenue, 6,439, and the Post-office 24,409.
ananddit theev esnuapee for
THE FRENCH FLEET.—The Channel squadron
which it has recently been determined to form is to consist
of 12 liners 10 of which are at Brest and Cherbourg.
This is, I 'believe, independent of the Ocean squadron
which is fitting out at Brest. The St. Louis and Via de
Paris have just returned to Toulon, and are under orders
to join the Channel squadron. It is stated, with wl hat
foundation I do not pretend to say, that before many we eke
are passed the Brest and Channel squadrons will be all a to
form a fleet of 30 ships of the line, besides the proper
frigates. The greatest activity is displ: eyed of heavy
in Toulon dockyard to get ready and launch the. two
frigates Invincible and Gloire.—Times Correspondent.