The Sun.
London, England, 1859-05-12 00:00:00

THE ARMY.

Messrs. Sidney Herbert, Dr. Sutherland, and the
other Government Commissioners visited Dundalk
Barrack during the past week, as well as those of
Drogheda, Newry, and Armagh, accompanied by
the barrackmaster of the district, Capt. Shrapnel.
The report that Dundalk is the best and most health-
ful cavalry barrack in Ireland. It is expected that
Dundalk will be selected as a cavalry depot, as it is
certain that a large tract of land has been laid off
outside the present boundary as a rifle range.
'Yesterday afternoon Major-Gen. H. Eyre, the
Commandant at Chatham, had the whole of the
troops now at that garrison assembled on Chatham
lines for brigade drill. The troops on the ground
consisted of three battalions of Infantry, each
about 1,000 strong, the corps of Royal Engineers,
and the battalion of Royal Marine Light Infantry,
to the number of about 4,000 men of all ranks. After
the troops had been formed in line, Gen. Eyre
arrived on the ground, and immediately put them
through a variety of brigade and other movements.
Although the men belonging to the Indian depots
are mostly young soldiers, the steadiness and preci-
cision with which they executed the various move-
ments showed the high state of discipline to which
they have been brought in a comparatively short
time. The battalions of infantry at Chatham can
now furnish nearly 1,000 men of all ranks.
The first of the additional companies of Royal.
Engineers to be sent to the Mediterranean left head-
quarters, Chatham, yesterday morning, the company
selected for embarkation being the 28th. The offi-
cers who left Chatham to embark with the 28th
company were Capt. E. L. Bland, Lieuts. H. F. C.
Lewin, and M. Lambert.

On Monday Lieut.-Gen. Love, Inspector-General
of Infantry, attended by Major Page, Aide-de-
Camp, visited Colchester, for the purpose of
making his half-yearly inspection of the troops
atthe camp. The same day the 9th depot bat-
-14,0n, consisting of the Ist Royals, 6th, 54th, 56th,
‘-' La, and 88th depots, under Lieut..co,.
Dixon. the command of
1 th, C. 8., assembled on parade for
the ins •
hooka of their kits,the and afterwards
KS of the battalion were examined.
On the following day (Tuesday) the 10th depot
battalion, comprising
37th, 38th, 97t the sth Fusileers, 34th, 44th,
depots, under the command of
Lieut.-Col. Street, C.Bilic
underwent a similar ordeal
of inspection, after W
with Col. Bloomfield, commandant
Love proceeded
of the camp, and
the staff to inspect the hospital, Yesterday (Wed-
nesday) the two depot battalions numbering
numbering up-
wards of 1,000 men, headed by corps of fifes
and drums, playing lively martial airs, marched
from the camp to the old barrack ground ( h w ere
the British German Legion were encamped when
stationed at Colchester), for the purpose of being
inspected in review order. Among the mounted
officers in the field, besides Lieut.-Gen. Love and
his Aide-de-Camp, were Colonel Bloomfield (late of
the 11th Regiment of Foot, the newly appointed

Commandant of the Camp, in place of Major-Gen.
Slade, recently promoted to a superior military ap-
pointment at Guernsey), Lieut.-Col. Dixon, C. 8.,
Capt.-Adjt. Dunning, 9th depot battalion : Lieut.-
Col. Street, C.B. • Major Warry ; Ma, West,
10th battalion; Brigade-Major Cooc ; Captain
Stavely, Acting Aide-de Camp to Col. Bloomfield ;
Capt. Pender, sth Fusileers. A ban i of pioneers,
equipped with spades, hatchets, and pickaxes, ac-
companied each battalion. The troops for about
two hours were put through a great variety of mili-
tary evolutions, which they executed with admir-
able skill and precision. The troops concluded by
giving the general salute, the bands played a slow
march, and the battalions marched back to camp
about one o'clock. At the close of the inspection
Lieut.-Gen. Love expressed to Col. Bloomfield and
staff his entire satisfaction at the discipline and
efficiency of the troops. We understand that orders
have been received at the camp to clear out some of
the huts for the reception of the City of Dublin
Militia Artillery, who are shortly expected to
arrive, when the three batteries of artillery, con-
sisting of six 18-pounder guns, stationed at the
camp to protect the coast will be put in practice on
the Government farm, called Mildlewick, a mile
from the camp. About 200 artillerymen are also
shortly expected to arrive to practise gunnery. On
the Ist of July, a draught of 700 men will leave the
camp for Indian service.

Capt. B. D. Wardlaw Ramsay, 75th Regiment,
has been appointed Deputy Assist.-Quartermaster-
'General at headquarters, in the room of Capt. Fred.
Sayer.
Instructions were yesterday received at Wool-
wich Arsenal notifying the dissolution of the Royal
Ordnance Select -Committee, which is to be totally
reconstructed, and will henceforth consist of a small
body of officers, who are to dedicate their time and
attention exclusively to the functions of that de-
partment, and it is understood they will be salaried
accordingly ; Col. St. George, R.A., is named as
President, and Capt. Sir Wm. S. Wiseman, R.N.,
Vice-President. The dissolution of the late com-
mittee, it is understood, emanated from a sugges-
tion of the members themselves, who, during the
successive wars in the Crimea, China, and India,
devoted a considerable portion f their time to the
business of the select committee which from time to
time was laid before them, and received no addi •
tional emolument. The pressure of the present
demands for equipments to secure the defence of
our home and foreign stations having augmented
the already overwhelming duties of the depart-
ments, it was resolved to propose the disunion of
the important office of the select committee. Major-
General Peel, in conforming to their proposition,
has acknowledged in the strongest terms the value
of the services they have for several years past ren-
dered to the public, and, through the medium of
Sir B. Hawes, in an official despatch communicates
his thanks for the time and labour they have de-
voted to those important duties.
On Tuesday four officers and 100 men of the Edin-
burgh City Artillery Militia, lately re-embodied,
left Edinburgh to occupy Dumbarton Castle, on the
Clyde, which has been for some time left ungarri-
soned. A detachment, consisting of an officer and
30 men, left Edinburgh on Monday for Fort Matilda,
on the Clyde, to replace a similar detachment of
the Waterford Militia. The remaining portion of
the regiment, for some time billetted on the town,
are now to occupy the Castle of Edinburgh, thus
relieving a detachment of four officers and 100 men
of the Waterford Militia, who are on their way to
join headquarters at Portsmouth.
The Fifeshire Artillery Militia, consisting of 16
officers and 400 men, at present billetted on the
town of Cupar-Fife, are under orders to proceed to
Devonport in a few days.
The Forfarshire Artillery Militia, at present
quartered at Kinsale and elsewhere, will leave Ire-
land on Monday for Sheerness.

ELECTION INTELLIGENCE.

MIDDLESEX DECLARATION.

Yesterday at noon the official declaration of the
poll for this county was made by the Sheriffs of
London and Middlesex, from the hustings in front
of the Town-hall at Brentford. Throughout the
morning the town had been paraded by a set of
" roughs," whose behaviour was at times of so
menacing a character that most of the tradesmen in
the High-street deemed it prudent to close their
shops. Shortly before 12 o'clock these fellows
marched out to meet the procession which had gone
to escort the successful candidates to the hustings,
and then, facing about, they headed it into the
town, hooting and singing, and performing the most
absurd antics as they passed along. Many had their
faces blackened, and most of them carried banners
with ridiculous inscriptions. Some wore the tawdry
habiliments of sweeps on May-day, and their out-
rageous conduct, swollen faces, and torn clothes be-
token a night spent in riot and debauch. One lad
who was mounted on the shoulders of several others,
had his head shaven so closely as to encourage the
idea that he had just quitted a lunatic asylum, or
the wards of a fever hospital. His face was
blackened, and he brandished a large sweep's brush,
which was ornamented with Mr. Haig's colours.
When the speaking commenced this lad was brought
exactly into the centre of the mob, whence, sur-
rounded by a drunken set, all sporting the same
colours, he directed a well organised course of in-
terruption, which was maintained durinr, the whole
time Mr. Hanbury was speaking. Indeed, to pre-
vent this gentleman being heard appeared to be the
sole object of these persons, for they were tolerably
quiet throughout Mr. Byng's address, while they
hailed Mr. Haig with an applause which, consider-
ing its source, must have been highly gratifying to
his feelings.

Something like order having been for a few
moments established, Mr. Sheriff I-lA.LB stated the
result of the poll as follows :

Hanbury..
Byng ..
Haig ..

.. 3,678
.. 3,618
.. 1,147

He thereupon declared Messrs. Robert Hanbury
and George Byng to be duly elected to represent
the county of Middlesex in Parliament.
_ _

Mr. Halbury, Mr. Byng, and Mr. Haig having
addressed the elceOrs, the proceedings terminated
with a vote of thanks to the High Sheriff.

YORKSHIRE (WEST RIDING).
The signed defeat of the Conservative candidate
(the Right Hon. James Stuart Wortley), and the
triumphant return of the two Liberal candidates
(Sir J. Ramsden and Mr. F. Crossley) at the poll
for the -West Riding, on Tuesday last, were the
cause of much rejoicing among all classes of Liberals
throughout the riding. The official result of the
poll will be declared at Wakefield to-day (Thurs-
day), and until then the exact number of the votes
recorded for each candidate will not be known.
The aggregate return published yesterday (Wed-
nesday) morning by Messrs. Ramsden and Cross-
ley's committee was as follows :

Ramsden (Liberal) .
Crossley (Liberal) ..
Wortley (Conservative) ..
Majority of Ramsden over Wortley
Majority of Crossley over Wortley ..

16,021
15,471
13,529
2,492
: 1,942

At Leeds, on Tuesday afternoon, soon after the
poll closed the result was announced in the area of
the Coloured Cloth-hall, where some thousands of
persons were gathered. Mr. J. W. Childers (late
High Sheriff of the county of York), the chairman
of Messrs. Ramsden and Crossley's committee, read
the numbers so far as they were known. Those
numbers gave each of the Liberal -candidates a ma-
jority of upwards of 2,000 over Mr. Wortley.
Sir C. WOOD, M.P., who was received with loud
applause, then addressed the assembly. He said—
I congratulate you most heartily on the victory your
energy has won. It is the greatest victory that has
been accomplished during the present election ; and
depend upon it that triumphant as Lord Derby's
Government may have been in some of the victories
they have bought, the victory achieved by the elec-
tors of the West Riding will damp their joy.
(Cheers.) I am proud to see
etleu two
triumphantlywomeureturneadt
whom your votes ha 7e placed
the head of the poll. I am glad to see Sir John
Ramsden and Mr. Crossley returned—a better
landlord and a better manufacturer you could not
have ; and I, for one, am better pleased to see the
representation of the riding in such hands than in
any who have been elected for some time past. We
now know that the Government can no longer
trifle with our wishes ; that they can no longer
trifle with the Reform question, or swamp the
boroughs, or overpower the independent voters in
the counties. (Hear, hear.) They tried to deceive
us by the bill they introduced to the House of Com-
mons, but we were not to be deceived; and they
next thought they might manage to purchase the
votes of the country. (Hear, hear.) They have
failed in both. (Hear.) No amount of bribery or
intimidation has been sufficient to force the electors
of the kingdom to subscribe to doctrines which they
repudiated. They have gained some votes, but they
have not gained sufficient to secure them a majo-
rity ; and let them appeal again and again, the
independence of the country will not be overpowered
by their best efforfi. I should for my part be
ashamed of such victories as they ha: e won. (Hear,
hear.) We stand on different ground in the West
Riding. We have won by our own unbought and
unpaid for exertions. (Loud cheers.) All of us
have sacrificed our time—which to us is money—
and I say again that we, the electors of the West
Riding, have a right to be proud of the triumph
we have won. (Loud and continued applause.) I
am sorry to lose Mr. Craikrey as a colleague, but I
am proud to have him as my representative. (Re-
newed cheers.)
Mr. E. BAINES, who was received with
applause, said—ls it not a happy and noble thing

to see, under this English constitution of ours, that
a man who has risen from the ranks—who is proud
to tell us that he once worked in a mill—has been
elected to the honour of representing the first con-
stituency in England, or the world? (Hear, hear.)
This is by far the most important victory that has
been gained for Reform in the West Riding for
more than twenty years. We have had two Tories
representing us; at another time a Tory and a
Liberal; and at another .time we have had two
Liberals returned by a small majority; but it is
twenty-three years since we had such a great vic-
tory, or two such decided reformers as we have
gained to-day. (Hear.) I trust that Lord Derby
will now perceive that the people are determined
to have an efficient measure of reform, and that the
electors of this constituency will not allow him to
parcel us out and otherwise deal with us as he pro-
posed. I hope this constituency has now given the
deathblow to all sham reforms, and a deathblow to
the Government. (Hear.)
One or two other brief congratulatory addresses
were delivered, and loud cheers were given for
several of the most active supporters of Messrs.
Ramsden and Crossley.
Halifax was in a state of intense excitement all
day. Many of the mills were standing, and thou-
sands of people from the surrounding neighbour-
hood were in the town. Here Mr. Crossley was at
the head of the poll all day ; but Sir John Rams-
den was only a little behind him. As soon as it
became known that the Liberal candidates had
been both returned, the enthusiasm of the crowds
around their committee rooms seemed to know no
bounds. Mr. Crossley arrived at Halifax in the
evening. He was met in the station by a large
concourse of people, who gave him a most enthu-
siastic welcome, and accompanied him in procession
to the Manufacturers' Piece-hall, preceded by a
band of music. By this time there could not have
been fewer than from 15,000 to 20,000 persons pre-
sent. Addresses were delivered by the successful
candidate and several of his leading supporters,
after which Mr. Crossley was escorted to his resi-
dence at Belle Vue, the crowds of people who lined
the streets lustily cheering the bon. gentleman at
various points of the route.
At Sheffield the contest excited very great inte-
rest. Alderman Dunn, the chairman of the Liberal
committee, in an address at the close of the poll,
attributed the Liberal majority in the Sheffield dis-
trict mainly to the support of the small freeholders.

The Conservatives attribute their defeat to a
conjunction of unfortunate circumstances—firstly,
the almost entire neglect of the register by the
Conservatives for several years ; secondly, to the
Liberal candidates being the first in the field; and
thirdly, to the much greater energy, zeal, and acti-
vity shown by the Liberals in seeking out all voters
of a doubtful or neutral character.

The contest has been a very costly one, probably
not less than from £15,000 to £20,000 being spent
on each side.

It is creditable to all parties that the election has
been conducted in a very respectable manner. From
the quietness which prevailed yesterday in all the
towns in the riding, no one would have supposed
that a great and exciting political battle had been
fought in the same towns only a few hours before.

LAW INTELLIGENCE May 11.

(Before Vice-Chancellor Wood.)
GTE V. GRAZIANI AND SMITH.

At the conclusion of the arguments,
The Vice-Chanellor said he was of opinion that
Mr. Gye was entitled to an injunction, he under.
taking, in case the court should be of opinion at the
hearing that the defendant was entitled to insist
upon a modification of the contract in clauses 4 and"
11, to consent to such modification. The onus was
no doubt thrown to a great extent upon both de-
fendants to show a cause which would justify them,
on the face of the contract with Gye, in entering
upon a new and inconsistent contract—a contract
plainly and avowedly contemplating legal pro-
ceedings, as was shown by the indemnity given to
Graziani. Any person signing such a contract
without fairly acquainting the person with whom
he had previously treated of it could only expect
that his conduct would be scrutinised with the ut-
most rigour. Such a person could not complain if
he was subjected to considerable inconvenience, nor
could he make so much of the plea of delay as one
who acted more fairly. Before the first contract
could be got over he had a full expectation that it
would have to be brought before a court
of justice. With regard to the objection of
delay, when was the first point urged against
the plaintiff, his Honour considered that until
the 10th of March no ground existed for filing a bill,
and the bill was in point of fact filed on the 18th
of
.April. The engagement, so far as that court
could enforce it, was of a negative character only,
and it formed, therefore, no part of Mr. Gye's duty
to file his bill on the first rumour of the defendant
being about to break it. Until the 10th of March
there had been no distinct intimation by Graziani
that he was about to break his engagement. On
that day a letter from Paris was inserted in the
Morning Post, and the plaintiff then saw for the
first time a distinct statement that the defendant
was engaged at Drury-lane. On the 21st of March,
Mr. Gye wrote to Mr. Smith making a very fair
and reasonable proposal, viz., to submit their claims
to arbitration. On the delay between the 22d of
March and the 18th of April, some comment might
arise, but looking at the difficulty in such a case of
gettingin mind the conduct esidence actoParuiest of N. Graziani and elsewhere, and bear-
ingnhdimself
his Honour could not say that the delay ought not
to prejudice the plaintiff. With regard to the
merits of the case, it was quite clear that Mr. Gye
was entitled to some relief upon the contract. If
the matter turned only upon there being a stipula-
tion that the £l6O should be paid before the end
of September, as asserted by Graziani, the balance
of testimony would be in his favour. It was to be
observed that the creditor was likely to have the
better memory upon the point. The letters written
in September showed great anxiety on the part of
the defendant as to his re-engageme.lt, but they
made no mention of the £l6O. No doubt it might
be said that the time for payment not having then
expired, Graziani would be unwilling at such a
moment to dun M. Gye. The agreement for 1859
was drawn up in consequence of Graziani's repeated
requests as to his engagement. These engagements
were usually settled early in the autumn, and by
formal instruments. His Honour considered that
there was no fraud whatever in Harris propounding
the agreement in the form he did to the defendant.
It was clear that Graziani looked at the written
terms contained in the contract, for he men-
tioned his objections to some of the clauses. Harris
wrote to plaintiff on these objections, and received
his instructions as to the renewal. There were two
or three interviews before the agreement was signed,
and when it was signed it seemed that nothing was
said about the £l6O. The evidence even of Bruzzi
went to show that nothing like a condition prece-
dent that the £l6O was paid was made a stipula-
tion on the signing of the agreement. In Lumley
v. Wagner such a condition was actually inserted
in the contract, and payment stipulated for by way
of earnest. But the £l6O was an old debt, arising
out of a former contract, upon which Graziani
might have sued the plaintiff at any moment. In
truth, this making of the £l6O a stipulation by way
of condition precedent was entirely an afterthought.
In the letter of the 3d Dec. not a word was said by
Graziani as to the promise by Harris to pay the
£l6O. And again, when Graziani attacked Harris
in Paris as to the manner in which he had been led
to sign the agreement, he never said a word about
the non-payment of the £l6O. His complaints were
upon a wholly different ground. It might be as
Bruzzi said—at one of the interviews in reference
to the contract Graziani mentioned his debt, and
very likely Harris said it should be sent him; but
Harris was not the money agent of Gye, 'nd even
if he were, the doctrine of that court would not
allow a contract to be set aside upon the failure of
money considerations. It was to be regretted that
the plaintiff had not paid more attention to the
pressing letters which Graziana wrote for payment
of the £l6O. There might have been reasons for
this, but whatever these were Mr. Gye's conduct
was not justifiable on that account. As early as
Oct., 1858, there had been negotiations as to the
engagement of Graziani by Smith between the
agents on either side. Smith's affidavit stated that
it was proposed to him in Dec. that he should en-
gfeargeed
by
Graszimanik and
Anadodnit
Jan.
4 thel£Bo eanmgzetmh
ewnatswoafs
signed.-
Then itNov
of
sththisaptaGltrryazian
excuselfirs tacs contemplated
et
hmep
£lalt6e do
availing himself
firnom Smith'sorder to accept
accaltdthavit wheneextra he first heard salary. Itdidnrd of the
not appear
been
nh
i t
someyHG.
eYe engagement, He
guhaseg e t
smal nyenu stth,taf however,
indemnityr
was
are
Graziani
could
sr
ael,
ndn hit
nav
rooenet
gtgliulNe-ier6eMr. Smith credit for candour towards Mr.
Gye, whose interests he was endeavouring to damage
by withholding a principal performer, when after
doing all this he informed the plaintiff's manager
of what was done. The manner in which that in-
demnity had been withheld from the knowledge of
Mr. Gye, on the ground that it was a privileged
communication, was open to much comment. Look-
ing at the reliance necessarily placed on the oath
of a defendant as to what were privileged commu-
nications, that protection ought never to be claimed
until those who claimed it had satisfied themselves
of the justice of the claim. His Honour imputed
nothing in this matter to M. Graziani, who, as a
foreign-gentleman, must necessarily be in the hands
of his advisers on such a matter. It was true
it was a letter from Graziani's solicitor to him,
but then it contained the indemnity, and was such
a doexunent as could not be protected. Those who

attempted to screen such a document by the oath of
the defendant rendered themselves open to strong
observations. With reference to the plaintiff ten-
dering the money to Graziani in Paris much com-
ment had been raised. But the course taken ap-
peared to his Honour a natural one. It would be
strange indeed if a man threatened with litigation
might not see his adversary with a view to staying
that litigation. The conduct of Harris, too, ap-
peared perfectly natural ; and there was nothing in
the case to throw any discredit upon him. With
respect to the interview in Paris, if Graziani had
gone in the high tone of indignation which had
been suggested, would he not have openly avowed.
his agreement with Smith, but on his own admis-
sion this was not the course he took. He talked of
a treaty after the engagement had been actually
signed. Looking, therefore, to the whole of the
matter, his Honour came to the conclusion that he
ought not to refuse to interfere in this case. The
order, therefore, would be to restrain the defen-
dant (Graziani) from singing at any opera or con-
cert in London other than at the Royal Italian
Opera, Covent-garden (except private and gratis
concerts), without the written permission of the
plaintiff, and particularly from singing at the
Theatre Royal, Drury-lane, and restrain the de-
fendant Smith from permitting Graziani to sing at
Drury-lane Theatre or elsewhere in London.