The Sun.
London, England, 1866-06-20 00:00:00

li;E SUN, LONDON, WEDNESIMY EVENING, JUNE 20, 1866.

LAW INTELLIGENCE—This Day.

ROLLS COURT.
(Before Lord Romilly.)
THE CASE OP BISHOP COLENSO AND mans.
The case of Dr. Colenso, Bishop of Natal, against the
Right Hon. W. E. Gladstone, M.P., Vice-Chancellor Wood,
Mr. Hubbard, M.P., and others, the treasurers and trus-
tees of the colonial bishoprics fund, was resumed this
morning. It will be remembered that the case for the
right rev. plaintiff was opened and concluded on a previous
day. The Rev. Canon Hawkins, D.D., who was formerly
secretary of the fund, and many other clergymen were

present.
The Attorney-General appeared this morning on the
part of the defendants, the Master of the Rolls remarking
that ho must regard him as Sir Rounded Palmer, and not
as Attorney-General, he being a party to the suit. After
sonic conversation on this point, in which several prece-
dents were cited, the learned gentleman was allowed to
proceed. He contended that as between the plaintiff and
the defendants personally there could be no personal con-
tracts, and said he understood that the plaintiff rested his
claim simply upon the fact that a certain sum of
money had been irrevocably supplied to the bishopric
of Natal, of which see the plaintiff had been iu legal
possession since his consecration. If that case were made
out in all its parts, of course the plaintiff would be entitled
to his claims, but his (the Attorney-General's) case was
that no legal bishopric had ever been created in Natal—
that no such diocese had ever been created in the sense of
the information, and that no irrevocable appropriation of
the money for the purposes of the see had ever been made.
The funds out of which many of the Church bishops were
paid arose out of a letter written by the Bishop of London
to the Archbishop of Canterbury, and made public, as it
was, of course, intended to be. It was dated April 24, 1840,
and was the foundation of the whole scheme, which must,
therefore, be constructed to a great extent upon the terms
of that document. His lordship, in that letter, expresses
his desire that Church polity should be adopted in various
colonies and dependencies of the British Crown, letters
patent being granted by the Crown as an essential part of
the scheme, in order that it might have legal effect. It was
the Church of England which was to send the mis-
sions to those countries, and the Church, as it
had been founded in the East and West Indies,
was cited as the basis on which everything should be done.
Accordingly, in 1841, a meeting was held, at which reso-
lutions were passed providing for the establishment of a
fund, having for its object the planting of the Church at
various places under the systematic and authoritative
superintendence of bishops of the national church, whose
system, character, and doctrine wore to be carried into
these colonies and other places. They were then to be
essentially legal bishoprics under the Crown of England.
That such were the views of those who liberally contri-
buted to the fund was evident from the letter which had
been written by Miss Burdett Coutts, although, of course,
the letter could have no legal bearing on the present case.
It had been said that no legal jurisdiction could have
been given to the proposed bishopric which at that time it
was proposed to establish at Valetta. His learned friend
(Mr. James), who used that argument, seemed to have
forgotten that an act had been passed previously—the
Jerusalem Bishopric Act—for the express purpose of
giving such jurisdiction.
Mr. James said he rather thought the Attorney-General
would find that that Act was passed contemporaneously.
The Attorney-General said, on referring to tho Act, he
found that it was passed contemporaneously, and would
thus so far help out his argument—Parliament having
given to the Crown power to grant spiritual jurisdiction.
Mr. James said the Bishop of Jerusalem could not hold
his Episcopal Court under that act.
The Attorney-General said that although that might be
so, it would not in any way affect the present case. He
contended that every clergyman under such an arrange-
ment was liable to the jurisdiction of the Bishop, although
the laity might not be so, any more, indeed, than they
were at home in England, where the laws did not bind
the clergy to obedience to the laws of the Church, inasmuch
as any layman who was indisposed to obey the laws of the
Church might, if he pleased, dissent from it.
The Attorney-General proceeded to argue at great
length on the nature of the constitutions of Cape Town
and Natal, arguing that when Dr. Gray resigned the
bishopric of Cape 'Town, for the purpose of obtaining new
letters patent and to subdivide the diocese, he did not in
ary way affect the bishopric, which remained in force not-
withstanding that temporary resignation. He argued that
it was doubtful whether the Crown had a right to sub-
divide the diocese of Cape Town as it did ; and that, con-
sequently, upon that ground the plaintiff might not bo
entitled to the claim he at present made. He then dwelt
minutely upon the events of 1853, when Bishop Gray
sought to be relieved from a portion of his largo diocese,
and to have new dioceses in South Africa erected. Re-
ferring to the letter which at that time Bishop Gray wrote
to Mr. Hawkins, the secretary of the Colonial Bishops'
Fund, he said that much had been made of a remark in it,
that the Queen's letters patent were worth little more than
waste paper.
The Master of the Rolls said that little importance was
to be attached to casual expressions of that kind. The
bishop was merely urging the importance of making better
provision for his diocese.
In answer to the Judge, the Attorney-General said his
contention was that Bishop Colenso was merely a titular
Bishop of the Church of England, and that no diocese had
been erected in Natal.
The Master of the Rolls—lie has a cathedral and a
palace, has he not ?
The Attorney-General said that was irrelevant.
The Master of the Rolls said all he understood the
Judicial Committee to have decided was that the Bishop of
Cape Town had no compulsory jurisdiction of the Bishop
of Natal.

The Attorney General hold that the Judicial Committee
decided that the Queen had jurisdiction over Dr. Gray and
Dr. Colenso, as titular bishops of the Church of England,
but that in tho Cape colony the Queen's letters patent wero
absolutely worthless.
The arguments are likely to last some days.

myn-street, then of Charles-street, St. James's, now of
Motcombe-street, of no cccupation.
His lordship came up on his own petition, which was
dated June 4,*and he thus describes the cause of his failure.
"In consequence of the Fenian disturbances in Ireland,
together with the money panic, I have been unable to ob-
tain the purchase money from a company formed and
registered for-the purchase and working of my interest in
a valuable slate' quarry in Ireland, which I had ar-
ranged to sell to them, and the expenses incident thereto."
The accounts filed show—Debts, £7,610, the greater part
of which is said to have been incurred in forming the
company. The assets, which may prove to be considerable,.
depend on the amount to 'be recovered from the company.
The principal creditors are the Universal Insurance Com-
pany, who claim £l,OOO, and the Naval and Military In-
surance Company, who claim £5OO. The assignees chosen
were Mr. H. S. Malon, gentleman, of Piccadilly, and Mr.
Dubois, of the City. The next.sittiug is appointed for
July 20th.

POLICE INTELLIGENCE.---This Day.

MANSION-HOUSE.

Lewis Schonfield, a poor miserable-looking young man,
appeared to a summons taken out by his master, Mr.
Lloyd, packing• cas maker, of Bush-lane, City, charging
him with absenting himself from work without permission.
Mr. Lloyd said the defendant was under a stamped
agreement to work for him for a term of three years, and
for the last week or two he had absented himself without
leave.

The Lord Mayor (to defendant)—What have you to say
to this. You render yourself liable to imprisonment for
not working for your master.
Defendant—l would work for him, your lordship, but I
can't live upon what I get for it from Mr. Lloyd. I hope
your lordship will,
if you can, kindly cancel the agreement.
The Lord Mayor—l can't do that. What do you give
him a week, Mr. Lloyd ?
Mr. Lloyd—The agreement says he is to have 10s.
a week, but if he likes to work industriously ho can earn
more than that.

Defendant:l can't, your worship. Mr. Lloyd has now
put me on piece work.
Mr. Lloyd—lt was at his own request.
Defendant—Yes, because I thought I could earn more
at it, but I can't. I have to earn 225. before I even get the
10s. Mr. Lloyd has broke the agreement, and I hope my
lord you will cancel it. Ile told mo I could earn from
20s. to 28s. a week for myself after he had taken his 12s.
out of my earnings, but I can't. I can't live on the money
I get from Mr. Lloyd. My wages have not averaged Os.
a week. lam 22 years of age, I can't live on that. lam
perfect in my trade. I am willing to work if I can got
enough only to keep me.
The Lord Mayor—You seem Mr. Lloyd to make a profit
out of the labour of these lads ; can't you cancel the en-
gagement of the defendant ?
Mr. Lloyd—lf I was to do that I should have all the
other lads at the shop doing the same thing. What's the
use of having apprentices if you do not have some advan-
tage ? You might as well have 'journeymen at once. The
defendant can earn 255. to 30s. a week if he likes.
The Lord Mayor—But then you deduct 12s. a week from
it. What hours would the defendant have to work to earn
that ?

Mr. Lloyd—Prom Gin the morning to Bat night. lie
can earn good wages if he likes.

Defendant—Look at me, my lord, I haven't a
shoo to my foot, and I'm in rags. I have worked
as hard as any man can, and while I've been
with Mr. Lloyd I've 'toyer got more than
about Os. a week. On one occasion I recollect I got 17s. 3d.,
but I had to work a week, and nearly a half of the next for
it. Do cancel the agreement, niy lord—l don't wish to do
anything wrong. I have had tc bog bread and butter from
the men in the shop to keep up my strength to do my
work. I don't think that looks as if I was unwilling.
Mr. Lloyd—He can earn good wages if he likes.
Defendant —I can't, after you take your 125., work as
hard as I may. I never hate more than Os. for myself. I
can't get the necessaries of life with that.
The Lord Mayor—l don't wish to send the poor fellow
to prison, and I cannot cancel the engagement. Come,
Mr. Lloyd. can't you make it a little easier for him. He
seems a willing hand. • _ _

Mr. Lloyd—Well, I'll say I'll only take 10s. out of his
earnings.
The Lord Mayor—Say Bs., to oblige me.
Mr. Lloyd —Very well, my lord.
Defendant—Thankye, my lord, for your kindness.
The Lord Mayor—Now, you go home, work with a
willing heart, and no doubt you and your master will get
on better.

TIIE WAR IN GERMANY.

(REUTER'S EXPRESS.)

1 PARIS, June 19.
Intelligence received here shows the following to
be the situation in Germany as far as is known up
to the present :

While the Hanoverian army is concentrated in
Gottingen, -southorn enclave of the kingdom of
Hanover, bordering on Hesse Cassel, the north of
the. kingdom and the capital, appear to be defini-
tively in the occupation of the Prussians, who have
restored the railway communications which had for
several days been interrupted between Berlin and
Magdeburg on the one hand, and Minden and
Cologne on the other. The King of Hanover and
the Prince Royal are with the troops at Gottingen,
but their exact position is not known. Indeed,
the most natural movement for the northern
army, after the evacuation of the northern
part of the kingdom, was to fall back
towards the south in order to effect a junction with
the troops of Hesse Cassel, and to rest with the
latter on the line of the Maine, which was protected
by the Federal and Austrian forces.
But the march of the Prussian troops coming from

Wetzlar and taking the direction of Gissen, had in-
tercepted the railway connecting Gottingen with
Cassel and Frankfort, and had thereby placed the
lianoveriaus in a somewhat critical position. From
Gissen the Prussians advanced towards Marburg in

Hesse Cassel, thus threatening to surround the
army of King Georges V., while they at the same
time could engage the forces of the Elector of

ease.

The movement of the Prussians towards Frank-
fort was evidently only a reconnaisance by detached
companies, for the Prussian troops in this quarter
are not in sufficient force to contend with the Bth
corps of the Federal army, commanded by Prince
Alexander of Hesse, which comprises the Wurtem-
berg, Baden, and Darmstadt contingents, and num-
bers about 40,000 men, all massed round Frank-
fort, and supported by the Austro-Bavarian corps
encamped at Aschaffenburg.
The natural line of defence against the Prussians
in this part is the Maine, and all the efforts of the

Hanoverians as well as of the llessians should be
directed towards gaining that river and subsequently
assuming the offensive, and re-occupying the terri-
tories which they have been compelled to abandon
to the Prussians.

Prince Frederick, heir presumptive to the Electo-
rate of Hesse Cassel has placed himself at the head
of the Electoral troops. This prince, who married
a Princess of Prussia, and who is therefore brother-
in-law to Prince Frederick Charles, commander of
the Prussian army in Saxony, was by his mother's side,
heir to the throne of Denmark to which he renounced
his claim by the treaty of London, in favour of the
now reigning sovereign, in order to preserve
the integrity of the Danish monarchy. After the
violent separation of Schleswig-Ilolstein from Den-
mark Proper, he vainly endeavoured to retract his
renunciation which had now lost its object, and to
make good his rights to the Danish succession.
This Prince, notwithstanding the ties which unite
him to the Royal family of Prussia, appears deter-
mined not to lose another crown, and to defend
with energy the independence and sovereignty of
Hesse Cassel. The troops under his command are
endeavouring to combine with those of Prince
Alexander of Hesse Darmstadt, as is also the in-
tention of the Nassau contingent. A formidable
combination of troops would thus be concentrated
near Frankfort-on-the-Maine.

In the direction of the kingdom of Saxony the
concentrating movement of the Prussian forces con-
tinues. At noon on the 18th they occupied Dresden.
On the eastern frontier Prince Frederick Charles'
left wing entered is a line extending from Bantzer
to Zittan by way of Loban, Bernstudt, and Ostritz.
Bantzer is strongly garrisoned by artillery. Zittan
to the south is the extreme front of the movement,
The extreme front of Bohemia territory pene-
trating into Saxony is on the line of march of the
Prussia❑ corps. The latter have pushed forward
their advanced posts as far as Wurzellsdorf and
Gersdorf, quite close to the Austrian frontier, which
it is thought they may cross at any moment. A
slight skirmish bad even taken place between some
Austrian and Prussian cavalry a short distance
from Rumburg, in Bohemia. The Prussians, not
being in large force, retreated.
The kingdom of Saxony is, therefore, to a great
extent, in the hands of the Prussians, who have
already commenced levies for military service,
forcing all Saxons between 20 and 40 years of age
into the Prussian ranks.

Railway Traffic Returns for the Week.

Railways.

bllles Opened. Renelpt.
•
1b65. 1865. 1866 1865

_ .-
.£ £
Belfast and N. Counties 931 001 2,0)1 2.001
Belfast and Cousety Down 49 19 690 689
36 10 2,665 2,0,6
Blyth and Tyne •
Brecon and Merthyr
Bristol and Exeter l2ll 1211 7,'52 7,553
Caledonian, Scottish Central 4l7} 408 26,823 25,453
Cambrian
Cockermouth K & Pent'lth .. 316 311 4.2 416
Cockermouth and Workin
20 20 46) 474
Cork and Bandon
Cork, Blackrock, & Passage 6l t 1 202 301
Cork and Youghal .•• 3:5 32 531 480
Cornwall
Deeside l7 17 3.57 541
Do Extension
Dublin & Belfast J unction.... 63 63 1,118 1.413
Dublin and Drogheda 75 75 1,793 1 981
Dublin and Meath
Dub. & IVicklow and Wextd lO6 100 3,010 8,6 6
Forth and Clyde Junction
Furness, &o 5O 5 i 3,818 24 4
Glawow & South-Western
Gt. Eastern,Nrik.,&E.Union
Great Northern 422 4UI 34.759 32,023
Great, North of Scotland 5B 53 1.893 1.9 9
Do Branches 42 4! 1,572 1,405
ti t. N °ruin. & IVestn• (lrel.) B2 711 633 1,51
"it.Suutliu. & Westn.(lrind.) 3B7} 38;} 8,615 8.637
Great Western 1292 1280 73,995 70.223
llu'l & llornsea
Highland •.. 248 246 3,873 3,393
Irish North-Weatern 145 145 1,570 1,710
Lancashire & Yorkshire 403 403 45.184 56511
Limerick and Ennis..
Limerick and Foynes 26 26} 151 121
Llanelly 46 462 850 778
Llynvi Valley
London & North-Western
London & South-Western
Lond. Brighton, &S. Coast 2932 2672 21,21.1 24,610
Loudon, Chatham, & Dover ; 11351 127} 2 13,1 87 11.160
all Metropolitan Extension 1 12} 112 J 2,898 3,250
Do. Kent toast
Lon., Tilbury, & Southend
11an.,Sheflield.& Linoolneh
Mauch. S.J un.& A ltrincham
liaryport and Carlisle
Sletropolitau
Midland (incl. N.-Western) 6725 C 631 50,19 J 50,787
Midland (4t.Weatn. of hind 2rof 2602 6.733 5 7.16
31ontnoutlish. Rail. & Canal 44 44 3.2 8 2,57,
North British, Edin., Perth
and Dundee
N-Eastern and Stock. & DarL 12071 1171} 72,235 7.,208
North London ll o 4.851 3.93'
North Staffordshire 248 258 8,184 8.763
Pembroke and Tenby lll 111 130 162
Rhymney l9l 192 1,285 987
Scottish North-Eastern ll3 138 1,480 6,f,57
Somerset and Dorset 66 66 1,31) 1,010
South Devon
South-Eastern 315 308 21;453 29 76!
Tail Vale 6l 61 6,6 9 4,974
Ulster
Vale of Clwyd.
Waterford and Kilkenny 3l 31 889 302
Waterford and Limerick 77 77, 1.318 1,349
W'haven,Cleator,& Egrmnt
FOREIGN AND COLONIAL.

Austrian B2B 828 46.993 81,?24
Bahia and San Francisco
Belgian Eastern J unction— 256 266 314 398
Bombay, Baroda, & Cen. India 306 306 1 ,934 4.'53
Detroit and Milwaukic lBO 180 6,878 5. 93
Dutch Rhenish lOBl 1( 81 5,349 6.330
Eastern ol France 1065 Its t 73.038 67,86 u
Eastern Ben,gal .........
East Indian

. .
Grand Trunk of Canada .
1'477 1477 23,,71 14,115
Great Central of Belgium 285 2..5 6,764 6,210
Great Indian Peninsula Nat 690 15,967 21,314
Great Luxembourg 134 134 5,731 5.167
Great Southern of India
Great Western of Canada 345 315 12,115 11,750
Madras
Madrid, Sarav,ossa St, Allcant 778 713 19,901 19,758
Northern of Canada
Northern of France 764 724 6 ,507 01,235
Norwegian Trunk
Ottomea
..
_. ...
____ _

aria, Lyons. & Ilediterrn 20P6 r.O 6 142,712 12P,233
Paris and Orleans IS2I lelB 78.102 71,210
Recife and San Francisco. &o 77e 77e 1,4v3 1,3ti7
So,nde.

Do. Punjab, &o 263 45 2 343 3-4
South Austrian, .to .. . 1798 1645 tit.lB7 67,44
Southern of France 9lO 823 36,1t,0 2:,5;
Victoria
Welland 2.5 25 ,
West & N-Wn: of France

INTERESTING EXPERIMENTS.-011 certain rare
occasions the sun assumes a distinctly blue or green colour.
This has been noted at times when the air has been un-
usually clear, and just before the sun has disappeared
below the horizon, and has been attributed to the atmo-
sphere decomposing the light as a prism does, and the
earth acting as a screen. Professor Rosco has experi-
mented with a view to testing this theory by demonstrating
the chemical properties of the light after passing through
such medium as opal glass, solutions of sulphur, &c., by
means of glass globes of an extremely thin kind containing
a mixture of hydrogen and chlorine gases. lie found that
where the light was not deprived of its chemical power
the gases united and exploded with a loud report, of
course bursting the bulbs. This seems to support the
above theory very clearly.—English Mechanic and JiiiTor
Science.