The Sun.
London, England, 1866-03-07 00:00:00

LAW INTELLIGENCE.—This Day.

The Late Dr. Whewell.

AB

COURT OF DIVORCE.

(Before Sir J. P. Wylde and a Special Jury.)

After the unfavourable report we published yes-
terday, the news of Dr. Whewell's death can create
little surprise, though the event must still excite a
shock among Cambridge men all over the world,
who had associated him with their recollections of
the University. The Master of Trinity was the
head of the residents at Cambridge no less by the
vigour of his intellect and the range of his acquire-
ments than by his position as the head of the
greatest College, and the place he held in academic
society was due more to himself than to his office.
His towering figure was one of those soonest known
by the undergraduate, who had heard of his renown
long before he came into residence, and when he
quitted the University at the end of his career the
Master of Trinity was- the man above all others
whom he remembered as the representative of Cam-
bridge learning and Cambridge dignity.
Half a century has passed since Dr. Whewell
himself took his degree. He was born at Lan-
caster in 1795, and his career may' be taken as
evidence of what could at all times be accom-
plished, even in the most unreformed condition
of our educational institutions. His parentage was
humble, and it is said that his father intended to de-
vote him to his own handicraft, but he was sent to
the Free Grammar School of Lancaster, and pro-
ceeded in due course to Trinity College. His posi-
tion in the Mathematical Tripos as Second Wrangler,
followed by the acquisition of the Second Smith's
Prize, proved the possession of the intellectual
powers which he cultivated up to the day when he
suffered the accident which has since proved fatal.
That a Second Wrangler should be in due time
Fellow and Tutor of his Collegeis a matter of course,
but Mr. Whewell possessed an intellectual vitality
which was not satisfied with the mere work of a
College Tutor. In 1828 he was elected Professor
of Mineralogy, succeeding to the chair which had
been founded for Dr. Clarke, and when the
British Association was formed he was requested to
draw up a report on the condition of that science.
It was in connection with the British Association (of
which he was President in 1841) that he drew up
the Report on the Tides, and on the Mathematical
Theories of Heat, itiagnetism, and Electricity, which
rank among the first of his mathematical produc-
tions. Before this he had been chosen to write the
Bridgwater Treatise on Astronomy, and it is, perhaps,
this circumstance which first suggested to him the
History of the Inductive Sciences, published in 1837,
followed in 1840 by the Philosophy of the Inductive
Sciences, which are undoubtedly the works by which
he will be best known in after years. In 1832 he
resigned the professorship of Mineralogy, but in
1838 accepted the Professorship of Moral Philosophy,
which he held till 1855. In 1841, during the Minis-
try of Sir Robert Peel, he was nominated to the
Mastership of Trinity on the resignation of Dr.
Wordsworth, and in his position he took an active
part in introducing into Cambridge the new studies
which have since been recognised by the institution
of the Natural and Moral Science Triposes. As Pro-
fessor of Moral Philosophy he founded prizes for the
encouragement of that study, which he himself
always pursued with avidity. He edited Sir James
Mackintosh's Introduction to the Study of Ethical
Philosophy, published a couple of volumes of his own
on Morality, and among his latest productions were
some translations of the Ethical Dialogues of Plato.
If we add to the list, in which we have taken no notice
of mere University text-books, Lectures on Political
Economy, delivered at the desire of the late Prince

KITCHENS V. KITCHENS.

The Queen's Advocate and Dr. Wambey were
counsel for the petitioner, and Mr. Sergeant Parry

and Dr. Tristram for the respondent.
In this case the husband, Amelius Hitchens,
prayed for a dissolution of marriage by reason of
the adultery of his wife, who denied and recrimi-
nated the charge, and further pleaded desertion and
cruelty.

From the opening statement of counsel, it ap-
peared that the party with whom the respondent was
alleged to have committed adultery was unknown,
and the Court considered that it was a case in
which the name of a co-respondent might be dis-

pensed with under the power vested in the Court.
The petitioner was the son of Captain llitchens,
who had formerly been in the East Indian army,
and the petitioner was his only child. The marriage
was solemnised at Woolwich on the 26th of April,
1861, the petitioner being then in his 17th year,

and the respondent, who was the daughter of a
washerwoman who worked for the military at
Woolwich, was 26. At the time of the marriage
the respondent was living with her mother, who was
a widow, and the other occupants of the house were
a spinter sister and a child 10 years of ago, of whom
nothing was known. On the marriage coming to
the knowledge of the parents, they refused to receive
the petitioner or his wife, or to make them any pro-
vision, but eventually the father consented to allow
them £2 ss. a week, on the condition of their ceasing

to live with the wife's family. The parties led
cat-and-dog life, and it was agreed that they should
separate on the 30th May, 1862, Capt. Hitchins
agreeing to allow the respondent 10s, a week,
and to provide for a child with which she
pretended to be pregnant. The petitioner and his
father had been since living iu America, and he had
not cohabited with his wife since their separation.
The respondent had removed with her mother and
sister to Boulogne-sur-Mer ostensibly with the view
of establishing a school there, and on the 26th July,
1863, a child was born, of which it was alleged that
the respondent was the mother. Up to this time
the respondent's allowance had been regularly re-
mitted to her, but circumstances were discovered
which led to a suspicion of her adultery.
Mrs. Hitchens, the mother of the petitioner, said
that she was at present living in Bond-street, Brook-
street, and proved the age of her son, and his re-
sidence in America for the last two years.
Mr. Arthur Walker, of the firm of Walker and
Mortimer, :proved having remitted the money to
the respondent.

Some other evidence having been adduced, the
case was dismissed with costs.

SHERIFF'S COURT.
(Before Mr. Commissioner Kerr.)

RAILWAY LAW.—A NOVEL POINT.--•PALbIER V. THE

LONDON, BRIGHTON, AND SOUTH COAST RAIL-

WAY COMPANY.

4is was an action to recover compensation in
damages for loss upon certain goods carried by the
company.

Plaintiff said that the goods had been consigned
to him by a firm in the country, and when they
were delivered he found them damaged by the rain.
His Honour—Have you any evidence as to the
condition of the goods when sent to you?

Plantiff—No, but I know they were damaged by
rain when I received them.

An attorney's clerk, who appeared for the com-
pany, contended that plaintiff was not the proper
person to sue.

Consort before the Prince of Wales and other stu.

dents ; an edition of the works of Richard Jones on
Political Economy, Arch itectural Notes on Churches
in France and Germany, and Some Specimens of
English Hexameters, published in a book containing
similar efforts by Sir John Herschel, the late Arch-
deacon Hare, and Mr. Lockhart, we may give some
idea of his extraordinary versatility and industry.
Men of such wide and varied attainments as Dr.
Whewell possessed are always open to the suspi-
cion of being but superficially acquainted with some
of the branches of knowledge on which they write,
and the Master of Trinity was sometimes disparaged
as Leibnitz was in his day. The saying that
" Science was his forte and Omniscience his foible"
is well known, though it had, in truth, less real
ground than even epigrams usually have. Dr. Whe-
well was doubtless not uniformly great, but he
reached a high degree of excellence in everything he
attempted. It is probable that defects in his man-
ners encouraged those who were ready to disparage
what they were unable to measure. Dr. Whewell
was at times disposed to overbear opponents, and
for some years his influence in the University was
marred by resentment against this defect. At the
same time he often exhibited au urbanity which,
coupled with hiq universal knowledge, made him a
delightful companion. Much must be allowed to a
man who is compelled to tolerate persons much his
inferiors in ability ; but Dr. Whewell must be
allowed to have exhibited an occasional disdain of
those who might fairly be deemed on some
subjects his equals. This was in part, however,
probably attributable to the high estimation in
which he held the College of which he was the head,
and which was wholly free from any alloy of per-
sonal vanity. He was prouder of Trinity College
than of any of his works, and would have sacrificed
everything to magnify it. And it must be added
that he endowed it with almost Royal munificence.
Some seven or eight years since he built, at his own
expense, a hostel for the reception of some of the
overflowing students of Trinity, who had been com-
pelled to live in lodgings for want of rooms in Col-
lege, and at the time of his death he had commenced
still larger works by way of addition to the former
building, which he had unwillingly deferred in con-
sequence of difficulties in obtaining the necessary
site, but the completion of which, we have reason to
believe, he took care to provide should be inde-
pendent of the accident of his death.
Dr. Whewell was twice married and twice a
widower. His first wife was Miss Marshall, a sister
of Lady Alonteagle, and he caused a mortuary
chapel in the Cemetery at Cambridge to be built
after his own designs as a memorial of his affection.
She died in 1854, and he married secondly, in 1858,
the widow of Sir Gilbert Affieck, a sister of the late
Mr. Leslie Ellis, himself a Fellow of Trinity, whose
virtues and his rare abilities are treasured by his
friends, and not least when alive by Dr. Whewell.
His second wife died on the Ist of April last. The
Mastership is in the gift of the Crown, and is worth
about £3,000 a year.

His Honour ruled that this was so, and that the
consignor had his remedy against the company.
Plaintiff was non-suited.

THE CALIGRAPHIC MYSTERY-JONES v. SAMUELS.

This was action to recover an amount for cutting
a block as a kind of advertisement of defendant's
business.

Plaintiff said he had received an order for a block
of a card containing a caligraphic mystery, which
defendant intended to use as a means of advertising.
Defendant said he did give an order for the
block to be drawn but not to be cut, and plaintiff
cut it without any order.
Plaintiff said that at first advertising by means
of caligraphic mysterious cards was a novelty, but
now it was common, and so defendant refused to
receive the work.

His Honour said it was a ease for a jury and
adjourned it.

POLICE INTELLIGENCE.—This Day.

MARLBOROUGH-STREET.

CURIOUS CHARGE OF STEALING A CHEQUE.
-
Eleanor Hudson, a good looking young woman, was
charged, before Mr. Tyrwhitt, with stealing a
cheque for £3 10s., the property of Mr. Charles
Napper Thomas, a student at St. Mary's Hospital,
and residing at No. 16, Porteous-road, Paddington.
The Prosecutor said—Last night I was walking
in the " market" (the Haymarket), when the priso-
ner came up and asked me to treat her. I said I
had no money, but that if I could get a cheque
cashed I would do so. I handed her tho cheque to
look at, and she then said she could get it cashed,
and refused to give it to me back, and on my saying
I would give her into custody, she tore the cheque
in two and threw it away, and I have only been
able to recover one half of it. I then gave her into
custody.
Mr. Tyrwhitt--What time was it ?
Prosecutor—Half-past one.
Mr. Tyrwhitt--That's the time they change
bankers' cheques in the Haymarket, I suppose ?
Prosecutor—Yes.
The Accused—l met the prosecutor at the top of
the Haymarket, and he gave me what he calls a
cheque. I said " Oh, this is nothing but a bit of
paper," and threw it down, and then he gave me in
charge. I was only in his company two minutes.
The constable came up and picked up the piece of
paper.

- Bennett, 43 C—The prisoner was given into my
custody in Coventry-street for stealing a cheque.
She said the prosecutor gave her the cheque in the
Haymarket, and then said she had not got it. I af-
terwards found on the ground a portion of it. The
prosecutor and prisoner were both in liquor.
Mr. Tyrwhitt—l do not wonder at your being
given into custody, but I shall discharge you.

THAMES.
THE SMOKE NUISANCE ACT.--Mr. John Wright,
ropemaker, of.Millwall, Poplar, appeared before
Mr. Partridge, upon au adjourned summons taken
out by Inspector Beare, of the K division, and
which charged the defendant with having a furnace
in use on his premises, so constituted as not to
burn or consume its own smoke.

When the case was first heard it was proved by
Inspector Beare, by a police constable, and by Mr.
William Sandison, engineer, in the service of the
Government, that dense volumes of black smoke
issued from the defendant's chimney shaft, and that
it was a nuisance to the locality, and complained of
by the inhabitants. Mr. Wright promised to abate
the evil if time was given. He was allowed a month
to make the inecessary alterations. It was now
announced that the furnaces had been fitted with
an apparatus from the firm of Wright and Co.,
patent smoke-consuming apparatus manufac-
turers, of Shepherd's-lane, Homerton, and that
the performance of the apparatus in consuming
the smoke was complete. Under these circum-
stances, it was suggested that a nominal penalty
would satisfy the Crown.
Mr. Partridge—Then, the defendant has made his
own smoke-consuming apparatus.
The defendant—No, sir ; the Wrights of Homer-
ton are my namesakes. I have no interest in this
patent, except in the apparatus for my furnaces.
Mr. Sandison, who had, by agreement, been paid
by the defendant for his last inspection, said the
result of the alterations and the new apparatus was
highly satisfactory. He begged leave to state that
before the new apparatus was fixed, the smoke nui-
sance had existed a long time. There were two
chimney shafts continually smoking.
Mr. Partridge—l am glad the nuisance is abated,
but the nominal fine must be 40s. and costs. These
cases impose great trouble and inconvenience on the
authorities and the remedy is generally very late.

MARKE TS.--This Day.

MARX LANE.

A fair average supply of English wheat was on sale
here to-day in moderately good condition. The trade, on
the whole, ruled steady, and Monday's currency was well
supported. The market was fairly supplied with foreign
wheat. For most qualities there was a fair demand, and
prices ruled firm.
Floating cargoes of grain were in fair demand, at full
prices.

The supply of barley on sale was very moderate. The
trade for all descriptions was ♦ery firm, and the quotations
had an upward tendency.
Malt was in fair demand, at extreme rates.
Oats were in good supply, and the demand ruled steady,
at full prices. .

Both beans and peas met a slow sale, at Monday's cur-
rency. . .

The flour trade was quiet, oa former terms.
aur ARRIVALS THIS WEEK.
IVheat.Barley. Malt. Oats. Flour.
English and Scotch 910 1120 1390 240 620
Irish - 260
Foreign 1450 770 11,590 40 sks.
bls.

COMPARATIVE QUANTITIES AND PRICES OF GRAIN.
For the week ending March For the corresponding week
3, 1866, last year.
Qrs. Aver. Qrs. Aver.
Wheat 69,205-45 s 7d Wheat .......87,168-38s 6d
Barley 48,306-34 s lid Barley 55,640-28 s lld
Oats 10,530-23s sd, Oats

WHITECRAPEL.

Tho supply of meat on sale is somewhat extensive. Most
descriptions are in fair demand, at the annexed rates :
Beef, from 2s 10d to 4s ad; mutton, 4s Od to 5s 4d; veal,
4s Od to 5s 4d; and pork, 3s 8d to 5s 2d per 81bs by the
carcase.

BOROUGH HOP.

The market for all kinds of hops rules quiet. In prices,
as compared with _Monday, very little change has taken
place.

THE SUN, LONDON, WEDNESDAY EVENING, AIARCII 7, 1866.

.ent.

Soon after midnight on Monday a special train
left Euston station upon a strangely exceptional
errand. More than a hundred skilled workmen and
labourers, marshalled by gangers, contractors, and
agents, took their seats in it, in ordered fashion, but
with a mysterious and determined air, as if some
more than usually weighty business were on hand.
One carriage was devoted to stout tools and imple-
ments, and the train, thus freighted, reached Tring
at 1.30 yesterday morning. A procession was formed
at the station—each man shouldering a crowbar or
other implement—and a compact phalanx, 120
strong, marched out, two and two, into the moon-
light. A walk of three miles brought them to the
side of Berkhampstoad Common,nearest to Ashridge-
park, the seat of Earl Brownlow ; and the objects
of the expedition were then first made known to the
rank and file. The greater portion of this common,
occupying a space some two miles in length and
from three-quarters of a mile to a mile and a half
broad, was enclosed a fortnight ago by Earl
Brownlow ; and we learn that Mr. Augustus Smith,
of the Scilly Islands, as the owner of an estate near,
and therefore as a commoner acting in concert with
his neighbours, had determined to test his lordship's
right to this course in a very practical way. The
whole of the iron railings, consisting of stout
" uprights," five feet high, and with broad metal
bands at close intervals between each, were to be
thrown down before daylight, Mr. Smith and the
commoners taking all responsibility, chartering the
train, and engaging the men. These last were told
off in detachments a dozen strong; the substantial
joints of the railings were first loosened by hammers
and chisels, and the crowbars did the rest. Before
6 o'clock yesterday morning the whole of the enclo-
sure was levelled to the ground ; each stout upright
having the metal bands, its tributaries, first neatly
folded round it, and then being laid upon the turf
it had recently served to close in.

It was 7 o'clock before the alarm was given,
and. by the time Mr. Paxton, the late Sir Joseph
Paxton's brother, and Earl Brownlow's steward,
appeared upon the scene Berkhamptead Common
was enclosed no longer. It was too late to do more
than protest against the alleged trespass, and this
was energetically done. Meanwhile the news spread,
and the inhabitants of the adjacent village and dis-
trict flocked upon the scene. In carriages, gigs,
dog-carts, and on foot, gentry, shopkeepers, hus-

bandmen, women, and children, at once tested the
reality of what they saw by strolling over and
squatting on the common, and cutting and taking
away morsels of gorse, to prove as they said, " the
place was their own again." The cost of the three
miles of iron railing removed is said to have been
more than a thousand pounds ; and that of its re-

moval must have been considerable. Whatever
may be the result of this daring return to what is
called " old constitutional form," and however it

may be viewed by the legal authorities before whom
it will be speedily brought, it must be regarded as
one of the most decided and vigorous protests
against alleged usurpation which have occurred in
our own prosaic, peaceful, and order-loving times.
—Daily News.