The Sun.
London, England, 1866-06-21 00:00:00

fliE SUN, LONDON, THURSDAY EVENING, JUNE 21, 18C6.

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LAW INTELLIGENCE—This Day.

ROLLS' COURT.
(Before the Master of the Rolls.)

BISHOP COLENSO V. MR. GLADSTONE, M.P. AND OTHERS.

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 bislioprics fund, was resumed this

morning.
After some further arguments,
Mr. James replied on the whole ease.
The Master of the Rolls deferred his judgment.

COURT OP COMMON PLEAS.

(Sittings at Nisi Prius, before Mr. Justice Willes and a
Special Jury.)
DAIVKINS V. LORD ItOXEBY.

In this case the plaintiff is a lieutenant-colonel in the
Colistream Guards, and tha defendant, Lord Henry
Ibkeby, is a colonel in the second battalion. Th,re were

several counts in the declaration charging the defendant
with unjust treatment of the plaintiff, breach of duty in
not bringing him before a court-martial, and by false re-

presentations, in coucart with others, inducing H.R.H. the
Duke of Cambridge to cornpal him to retira upon half-pay,
on the ground that his continuance in the battalion would
be injurious to the sarvica. The defendant pleaded the
Mutiny Act, but placed no other plea on the record.
Mr. Hawkins, Q.C., and Mr. Coleridge, Q.C., appeared
for the plaintiff ; and thel Solicitor-General, Mr. Bovil,
Q.C., Mr. Gifford, Q.C., and Mr. Doweswell for the
defendant.

Mr. Kerslake, in opening the case, said that the facts
which would have to be disclosed and the correspondence
it would be necessary to produce would occupy a long time.
It appeared that the plaintiff was the son of Col. Dawkins,
who had been a distinguished officer in the same battalion
in which the plaintiff served. The plaintiff entered
the Coldstream Guards in 1844, and served with distinc-
tion in the Crimean war, and he continued with his batta-
lion until 1865, when the Order of 11.R.H. the Commander-
in-Chief compelled him to retire. From an early period it
appeared that the plaintiff had become very obnoxious to
Colonel Newton, who had been formerly in the Coldstream
Guards. Ho had been accused of a breach of military duty,
but the only ease that could be made out against him was
that upon one occasion, while he was on leave of absence
at Rome, there was an unusually early muster-roll of the
regiment, and the letter from the adjutant informing
him of the fact did not roach him before it was too late to
be in attendance. Colonel Newton administered to him a
severe rebuke, not only in the presence of Captain Monk,
the adjutant, and inferior officer, but in the hearing of
some non-commissioned officers. Lord Frederick rivulet,
the commanding-officer of the battalion, commanded his
attendance, and exception was taken to a letter he had
written complaining of the conduct of Colonel Newton in

rebuking him before an inferior office; and in the hearing
of non-commissioned officers. Lord Rokeby demaudod
that ho should recall that letter, which he ultimately con-
sented to do, at the cams timo complaining that ho had
been very improperly treated. Lord Rokeby censured him
severely. The learned counsel then proceeded to detail
a series of acts of which the plaintiff complained up to the
time of his being compelled to retire on half-pay, including
the refusal to grant him a court-martial.
Colonel Dawkins was then examined at considerable

length by Mr. Karslake. He said that from the time he
entered the Coldstream Guards it appeared that Colonel
Newton had taken an unaccountable dislike to him, and
he was never on the same terms with him as with his
other fellow officers. Colonel Percival, who had formerly
been in command of the Regiment, had sent hint a message
by telegraph, oomplaining of some particular act on his
part, and he remonstrated with him for adopting a medium
of such publicity for conveying a disagreeable communica-
tion. Tho matter then ended, and after that they were
on very 'good terms. Colonel Newton had made a
most unfair use of that circumstance to injure him with
Lord Rokeby. With regard to not attending the muster
roll, it arose out of an accident. He was on leave of ab-
sence in Rome iu 1859, and the letter did not reach him at
Wiesbaden, whore ho was staying on his return home. He
had given instructions at the Guards' Club that the letters
should bo forwarded to him, and the letter of Captain
Monk informing him that the muster-roll would take place
on the 9th of May did not reach hint until his leave of
absence in a foreign Country had expired ; but it was
usual for officers to extend their absence at home beyond
the actual period, except under peculiar circumstances.
Ho did not consider that he was bound to attend
on duty before June, but if he had received
the letter in time ho would certainly have done so.
There was some unpleasantness arose in consequence of
Capt. Monck's letter relative to the invitation to the
Queen's ball not reaching him in time. The letter was not%
directed as he (Colonel Dawkins) gave directions, and the
result was that ho did net get it until it was too late. lie
felt displeased at such a circumstance, and wrote a letter
to Capt. Monck complaining of the matter. Capt. Monck
thougqt the letter contained offensive expressions, and ho
wrote to him (witness) to withdraw the note, which he
fused. The correspondence was ultimately forwarded to
Lord Rokoby, and on May 27 he received a letter to attend
at Montague House, Upper Berkeley-street. When he
went there he saw Lord Rokeby alone, but Lord P. Paulot
afterwards arrived. Lord Rokeby said Capt. Monck was
quite right. lle was in a violont-passion, and ho approached
him (witness), grinding his teeth, and said he was stub-
born, and that ho should have great hesitation in recom-
mending him for promotion in the army, and he (witness)
understood him to say that he was losing his time by re-
maining in the army. Lord P. Paulet alluded to some
manner, and Lord Rokoby, who was wry violent, and said
something about court-martial
,if ho did not notice
Colonel Newton's presonce more distinctly than he had
done. He did not know thai he had ever treated Colonel
Newton with coolness or disrespect. He had always
noticed Colonel Newton when in private life. Tho wit-
ness, during the interim with Lord Rokoby, was as respect-
ful as it was possible to be. Lord Rokeby got more violent
in the conversation . He would not listen to his ex-
plwation. He thou left the house. Ho did not withdraw
the letter he had written to Captain Monk. The interview
with Lord Rokeby took place on the 25th of May.
But when ho left town for Ash ho consulted
with some of his military friends. Wi hile on duty
at Ash there were a great many officers there. Colonel
Stepney was the officer in command at Ash. On the. 21st
of June ho had been out with his men at practise, and in
the course of the day, while off duty, ho went into the
luncheon tent. He took the seat near the door, as the
place was very full. There were at tho time some gun-
makers trying the rifles. He saw Lord Rokeby when he
entered the tent, and after an interval Lord Rokeby and
his friend rose to leave the tent. He (witness) was still
sitting at luncheon with others on both sides of him. He
knew Lord Rokeby was in plain clothes, and when he
canto to the place where ho (witness) was sitting his atten-
tion was attracted by the whole party stopping, and
Colonel Stepney said, "Dawkins." He (witness) looked,
and then he saw Lord Rokoby talking to Cap-
tain Legge. Lord Rokoby extended his hand and said,
" How are you, Dawkins ?" He (witness) rose as
soon as he could, and saluted in the most respectful
manner. Lord Rokeby returned the salute, and went out
of the tent, and he witness went on with his lunch. Ho
did not take Lord Rokeby's hand when he extended it. He
felt there was nothing disrespectful in what ho did. He
resumed his luncheon, and having finished ho proceeded
with his duty. About three hours after this ho received
a letter from Colonel Stepney to attend on hint. Ho was
sure Lord Rokeby was not in Ash on command.
go was in plain clothes, and he believed he had
come from London to see the rifles tried. Ho went to Col.
Stepney when Cul. Armitage was present. Col. Stepney
said ho must put him under arms'. He was not sure
whether he said ho was ordered, but he perfectly recol
!octet' that he said it was for deliberately insulting Lord
Bokeby, and that ho was not to go to the mess. He under-
stood ho was to remain at his quarters.
The learned Judge—Was anything further said ?
Withess—Yes, my lord, but I perfectly recollect Col.
Stepney saying I was put under arrest for deliberately
insulting Colonel Rukeby. There were plenty of officers
at Aldershot to constitute a court-martial, if required.
(The case is likely to occupy several days.)

COTRT OF BANKRUPTCY.

IN RE SIR CULLING EARDLEY GIDEON EARDLEY, BART.
This case, which has been before the court for some time,
has now assumed a somewhat singular aspect. To-day
was appointed for the adjourned examination and order of
discharge, but no accounts have been filed. Tho bank-
rupt has chiefly resided abroad, but ho surrendered to his
bankruptcy, and more than one lengthy private examina-
tion has been held before the registrar. Upon the last
occasion, when the bankrupt should have attended
to be examined baforo the Commissioner he did not sur-
render, and it then transpired that he had b3en arrested
illnußtchuitgonne, anfordthvo defendant, prison for debt. To-day Mr. Bury
said that the bankrupt had
obtained his release from custody, but had been again
arrested. It was contended under these circumstances by
the assignees that the case ought to be adjourned sine die.
It further transpired that there were certain important
Chancery proceedings in futuro,llnd his honour formally
adjourned the case sine die with protection for two months.

MELANCHOLY ACCIDENT AT CLAPIIAII.—A little
girl, named Julia Spier, eight years of age, with
two other little girls, was playing In the enclosure of
Grafton-squaro, Clapham, on the evening of the 15th inst.,
and was endeavouring to climb to the top of a largo vase
filled with earth and flowering plants, of which there aro
several in the enclosure. The child, in endeavouring to
smell the perfuine of the flowers, pulled the vase over, and
it fell with great force, knocking her down and rolling
upon her. Medical aid was called in, but she died on the
following day of severe internal injuries.

ROYAL lIORTICULTURAL SOClETY.—Upwards of
2,000 people were present at the conversazione of the
society on Tuesday evening. Their Royal Highnesses the
Prince of Wales and the D uke of Edinburgh arrived shortly
after 10 o'clock, and l•emained about an hour in the
conservatory. Mr. Weippert's excellent band was in at-
tendance.