The Sun.
London, England, 1859-07-02 00:00:00

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,LAW INTEL.

THIS RA I'. )

VICE-CHANCELLORS' COTTRTS.
-(Before Sir W. P. W00d...)
GYE GRAZIANI.

The hearing' or ,this case was resumed this.morninq. Zt
;was filly reported The Sun. when Mr. Gye obtained an
interim injunction 'to prevent Graziani fzom singing at
DrUry-lane 'theatre, in• opposition to an agreement: that
•plaintiff Mairp-.alTle,d, haelentered it to ,with, him fbt the
seasons 1860 and '6l, at the Royal Italian Opera, trOvent-
g.arden. The bill filed by plaintiff prays for a decree to
compel Graziani to carry out the contract.
• .

At the eonclusion of the arguments,
The Vice-Chancellor delivered judgment. His Honour
directed the injunction to be granted on daendant consent-
ing to perform the agreement on his part, plaintiff consent-
ing to abandon the provisions in the contract for 1861, and
the provision that the defendant shell not sing within the
liberties of London without the plaintiff's consent. Costs
to follow the result of the suit. '

POLICE INTELLIGENCE.-(THIS

MARLBOROUGH-STREET.

ATTEMPTED BURGLARY AT LADY CAROLINE NErLD'S
^FORTUNATE DISCOVERY.—Henry Bennett, a rough-
looking fellow, described as a coachmaker, was charged as
follows

William Huggin, coachman to Lady Caroline Neeld,
said, he lived over the stables at the back of the house.of
her 'ladyship, 26, Upper .Brook-street, and that morning,
shOrtirbgfore five, wbile looking out of his window, which
cOmnianded,aView of her ladyship's drawing•toemihe saw
the'prisoner on, the leads examining the fastenings of the
different windows, and afterwards go down lthe area. He
went into Park lane and called a constable to him, but saw
no more of him till at the station in Vine-street.
Wheatley, 175 C, said hearing an alarm of thieVes he got
over the garden wall at the back of 26, Upper Brook-street,
and with another constable heard , footsteps pp to No. 16.
11#•got into' the area of.'To. 16,, and passed through the
''kitchefi,andWPasSigo leading to the front area, and came
to a c'osed door, and ow 'opening it saw the prisoner on the
area steps, the, gate being' locked at the time. He asked
the. risoner what he did there, Wh6n he said "He got over
to sit dovin,uas he was. tired." :He then took him into CMS.;
tody with assistance of another constable. ,(The prisoner
being a desperate-looking felloiv, was brought to the court
handcuffed.)-• -

Thomas Johnson, butler to. Richard Monckton Miles,
M.P., of 16, VOA. Brook-street, said he fastened the area
door previous to going to bed, but the door leading to the
leads was not fastened, and never was.
Mr. Beadon .said he Would'recommend that for the future
it should be:, ~
The witness ,said the prisoner must have unfastened some
of the doors to get into the area.
Sergeant Teater said he had compared the foot marks in
the gardens of several houses from. 29 to 16 Upper Brook-
street. Ile also found that an attempt had been made to
effect an entry at the window of No. 29, and in the garden
he found a hammer, the marks on the window exactly cor-
responding with- the claws of it. After the prisoner was
taken to the station he tool off one of his boots, and-care-
fully tried it with:the foot-marks, anti ' there wa.s no (gat
the marks were made by the prisoner's boot. - •
Mr:lnspector Webb, of the C iliVision, who has ilharge
•g the case, •was directed 'by 'Mi. Beadon to pursue the in-
quiry, and the prisofier-tvas rentanded fora week.
The- prisoner is•believed fo be one of a gang of desperate
burglars., ' • •

•, _ • M.I?..'COBDBN.

(From tht,TimeB.)
Arr. Cobden has declined to -accept the seat in the.
Cabinet _which 'wag reserved'for`him at the forma-
tion.of the present • AdMinistration.. We must, of
course; ilegtitd the' uestion merely as a public one,
and clit'est It, of . all private considerations which
may have swayed Mr. Cobden's mind when he arrived
tat this resolution. -The'Liberal party throughout the
;country will hear Mr. Cobden's decision with great
regret..,. How are the middle classes ever to be re-
presented, in.the Cabinet if those gentlemen who
by thaexercise ofd their own ability and
genius have won their way to Parliamentary posi-
tion decline-any practietTl 'h'hare in the government
of the country p Hit ei:to. it has been possible to
tieciahi at hi4titilis and at indignation meetings
against the exclusiveness of the aristocracy and. of
particular cliques of ; but what is to be
done if the 'natural represoitativei of the middle
clasSeerefuse power when it .:is offered to them ?
Two seats out of sixteen in the Cabinet have. been
offered. to Messrs. Cobden and' Gibson—that is to
say, one-eight share of political ppwor. Now, the
Party in which these;, gentlemen have occupied so
prominent. a place certainly does not number one-
eighth of the whole House of Commons—possibly
they may count for one-sixth of that motley con-
gregation of members which we speak of by the
generic term " the Liberal Party." That party,
then, has not been unfairly dealt with in the dis-
tribution of offices. The only doubt which can re-
main on the mind of the most ultra-Liberal is whe-
ther, upon the refusal of Mr. .Cobden to accept
office, the name of another gentleman who has
fairly won his way to great Parliamentary distinc-
tion should not be substituted for that of the Free
Trade Leader. By Mr. Cobden's refusal, however,
a great opportunity is thrown away. Mr. Cobden
might have largely contributed to break the spell
by which the possession of political power in this
country has been too long held to be the birthright
or perquisite of certain great families. This has
been more especially true of the Liberal Party, and
the, independent members had great reason to corn-
plain,that they were invariably pressed for their
zealous support, but were never suffered to parti-
cipate in power. The answer has always been
that it proved a practical impossibility, whenever
the thing was tried, to obtain the assistance in the
Cabinet of independent members who carried any
weight with the house and the country, and who
were also willing to devote their time to the public
service. The old 'hacks of office were always led
out and harnessed to the Liberal coach, simply be-
cause it was impossible to find a team elsewhere.
This has been denied, hitherto we admit without
reason, but how will stand the facts henceforward?
Upon other grounds, too, we should have sup-
posed that Mr. Cobden would have accepted Lord
Palmerston's offer. He is emphatically the repre-
sentative of two opinions, the embodiment of two
ideas. Free Trade and Peace make up Richard
Cobden, the public man. How is it that lie can
throw away such an , opportunity of keeping, or
helping to keep; England out of all participation in
the war which is now raging in the south of. Eu-
rope P As a member of the Cabinet Mr. Cobden's
opinions would carry with them great weight, even
though he might be outvoted by his colleagues in
e long run. It is in the Cabinet that the incu-
bation of measures takes ylaee. There it is that
the leading idea is originally started, amplified,
modified, accepted, or dismissed. There it is that
suggestions tell, and account is taken of the reluc-
tance of a colleague to enter upon a course which
he profoundly and notoriously disapproves. By the
time a measure is introduced into the house it has
passed through this preliminary stage. Its au-
thors can but defend it, its opponents attack
it openly.. The one is the chamber of coun-
sel,, the other the stage for action. Now there
never has been a-time in the history of England in
which a leading member of the House of Commons,
backed by a numerous body of supporters out of
doors, could do more to preserve for his country the
blessings of peace, if be would consent to act as a
member of Administration. The man who could
unite in his own person the three qualities of Par-
liamentary orator, popular leader, and Cabinet
Minister. Would be.no insignificant personage at a
time like the present. One of the constant com-
plaints again, of the party ;with which Mr.
Cobden has so long acted has been of the evils
of secret diplomaey, It is this obscure and un-
satisfactory system which, according to the views
of these gentlemen, has betrayed England into
all her wars, and inflicted on us a national debt
and an income tax. But here was the oppor-
tunity given to Mr. Cobden of tracking the evil
to its very source. In a man of Mr. Cobden's
well-tried public spirit ens would have sup-
posed that these considerations would outweigh
any reluctance which he might feel to take upon
himself the responsibilities and toil of a novel form
of life. Mr. Cobden is far removed yet-from old
age. Mr. Henley, when he began official life in
the late Government, was several years Mr. Cob-
den's senior ; indeed, among Cabinet Ministers Mr.
Cobden would show
.as a mere youth.

Upon these two grounds, then, chiefly we regret
that Mr. Cobden has not felt himself at liberty to
join the present Administration. His presence and
that of Mr. Gibson in the Cabinet would have re-
presented the substantial defeat 'of the old Whig
monopoly of office. ,Mr. Cobden, again, in the
Cabinet would have been a useful advocate of peace
and neutrality: His extreme notions upon this
point would have been held in check by the prac-
tical experience of his colleagues—by his own ex-
perience, we will add, of the responsibilities of
office. We do not believe that the Right Hon.
Richard Cobden, the Cabinet Minister, would have
laid down his head on his pillow at nights in peace,
had he felt the.country without sufficient protec-
tion, and,himself answerable for that course. It is
a very different thing for an irresponsible member
to utter commonplaces about, the- advantages of
peacel which everybodyadmits, and to explain his-
tory in a manner which everybody denies. Re-
gretting, hewever, as we unfeignedly do in the in-
terest of the middle' classes; the. great 'opportunity
which Mr. Cobden has thrown away, we may also
state our: firm conViction 31i. Cobden has acted
Aticii °mai
in en tire g00,,d. famt hp 4
tAiAlcvAtfafiKen-that e can do better ser-
vice as an independent member of Parliament than
as a Cabinet Minister which has actuated him in
declining office, -