The Sun.
London, England, 1859-03-05 00:00:00

THE SUN, LONDON, SATURDAY EVENING, MARCH 5, 1859.

LATEST NEWS.

THE ITALIAN QUESTION.

The following telegram has been received at
Mr. Reuter's office :

PARIS, SATURDAY, March 5.
The Moniteur of this morning contains an article
of which the following is an extract :
" The serious condition of Italian affairs has at-
tracted the attention of the Emperor, whose wishes
are to conclude alliances in furtherance of the inte-
rests of France. The:Emperor has promised the
King of Sardinia to protect him against any agres-
sive acts of Austria, but his promises extend no
further. The Emperor denies that France is now
making warlike preparations. She has not ex-
ceeded the effective force she is accustomed to have
during peace.

"Assuming that preparations in the arsenals
have received any extraordinary impulse, it is only
because changes were necessary in our materiel,
our artillery, and in the whole of our fleet. All
our naval preparations are limited to the arming of
four frigates and , four transports to meat different
emergencies. It is quite absuxd to represent the
Emperor as pushing on war, and to cast on him
alone the responsibility of having aroused uneasi-
ness and of having caused warlike preparations in
Europe. Where can any one point out words, di-
plomatic notes, or acts implying the wish of the
Emperor to provoke war ?
"The Emperor is now examining the various rea-
sons of the present complications; but this must
not be regarded as -any provocation of war on his
part. Besides, to examine these questions is to
meet them in a diplomatic way, and :nothing autho-
rises the belief that the issue will not be favourable
to the consolidation of peace."

PARIS, MARCH 5.

It is reported here that the King of Naples has
offered to furnish the Pope with four battalions of

Swiss troops.
The reasons which have induced the Emperor to
relinquish his intention of recalling• his troops
from Algeria are unknown. His resolution was
very suddenly taken.

MARSEILLES, MAncll 4,
Advices have been received from Naples to the

Ist inst.

The illness of the King continues serious.
A rumour of his Majesty's death caused a panic
on the Boursd, and funds fell 31 per cent.; the
rumour, however, proved false, and funds rose again
to 113, but all persons suspected of having been
concerned in the circulation of the report received
their passports, together with orders to quit the
country.

Letters from Naples assert that ten archbishops
have signed an address to the King representing
the present condition of the country.

FRANCE.

PARIS, FRIDAY.

The Patrie announces that General Renault has
left Paris to take the command of his division,
which has arrived at Lyons from Algiers. The
troops are to rest some time at the Camp of
Sathon ay.
The French Government intend establishing a
naval station on the coast of Italy, the command of
which will be given to Captain de la Ronciere le
Nourry.
Pt is now said that it was not M. Cavour in per-
son whose brief visit here report announced the
other day, but his confidential agent, who has been
lately flying from Turin to Paris and from Paris to
Turin like a shooting star. It is thought that M.
Cavour himself intended to pay us a visit.
The preparation of State apartments in the
Chateau of Fontainebleau, which set people guess-
ing, is, it seems, with the expectation of a visit
from the Grand Duke Constantine and his Duchess.

The grand fancy ball just given by M. Fould,
Minister of State, was most brilliant. The Em-
peror and Empress, the Prince and Princess Na-
poleon, and the Princess Mathilde were present ;
as were also the Count and Countess Walewski,
the Count and Countess de Morny, the members of
the Diplomatic Body, a great number of person-
ages of distinction, and numerous literary men
and artists. Two allegorical personages repre-
sented—one Peace, and the other War. Peace
was dressed in long white drapery. with a crown
of olive and golden fruits on the head, and with
the traditional olive branch in the hand.
War had a helmet on the head, hair somewhat
dishevelled, and a spear in the hand. On passing
before the Princess Mathilde, Peace stopped, and,
lowering the symbolic branch, said, "Allow me,
madam, to lay my branch and my good wishes at
your feet." " I accept them as favourable omens,"
replied the Princess, " but I do not answer for
anything." As to War, having perceived a
General who had gained his rank in the Crimea,
she held out her spear, saying, " Will you take it ?"
" Willingly," replied the other, " it is my trade to
fight ; but I may observe to you that one swallow
does not make a summer."

BOURSE, March 4.—The market has been buoyant
in Rente, owing to a report that the last advices of
Lord Cowley's mission are encouraging. Threes
have been done at 67fr. 70e., and touched 68fr.;
they are now at 67fr. 90c. Mobilier varied from
755 fr. to 770 fr. ; Orleans, 1,315 fr. to 1,322 fr. 50c. ;
Lyons, 822 fr. 50c. to 825 fr. ; Southern, 507 fr. 50c.
to 510 fr. ; Austrian, 512 fr. 50c. to 520 fr. The
following are the last quotations :

41 per Cents. 97 30(
Do. end month 97 30
3 per Cents. 67 85
Do. end month 67 751
Bank Shares 2BBO —1

Credit Fonder 645
Belgian 41 —
Piedmontese (5) 80
Roman B6
Austrian

Credit Mobilier 762 50
Do. Account 760

Spanish Threes —
Home Debt 39 25

RAILWAYS.

Cash. Accotoit.
Orleans
Northern 920 917 50
New ditto. 782 50 .. 782 50
Lyons and Mediterranean 827 50 .. 821 25
New ditto
Geneva
Midi
Southern
Western 590 .. 590
Eastern
Grand Central —
Sardinian.
••
Austrian
Exchange on London, at sight, paper, 25f. 15e. ; money,
25f. 10c. ; three months, paper, 25f. ; money, 24f. 95c.

-- --- .. 530 --

protestat ion against a return of the days of the Con-
federatie nof the Rhine. With a common consent which
commant ds respect, public opinion has declared that if
the rupl; uxe of the public law of Europe should threaten
a Germ an Power, even should it only be at first in her
non-Gel:man possessions, all her allies ought to make
common cause with her, so as to preserve peace by the moral
force of :so powerful a union. And in case, against all ex-
pectation,. that result should not be obtained, would pro-
tect in cm nmon from attack the possession of a member of
the Confederation, as well as the sanctity of treaties ; and
thus shield, at the same time, the honour, the dignity, the
safety, and the power of united Germany.
"Under these circumstances, not a few German Cabinets
have expressed to us their wish to examine closer by what
firm determination, and in what form a joint line of action,
in case of an attack on Austria, could be adopted so as to be
prepared at a moment's notice. On various sides our
opinion has been sought on the state of affairs, especially as
whether it would be opportune to provoke a declaration
from the constitutional authority of the German Confede-
ration, or to prepare resolutions for eventual adoption by
that authority. This induces us to make confidentially
known to our allies our views upon the necessities of the
present situation.

" This situation shows an improvement in the political
symptoms which indicate in a more restricted manner the
existence of a danger of immediate war, but at the same
time, by the absence of all guarantee, that the explo-
sion of war in Italy may take place at any moment,
under any pretext whatever, and again threaten in a
serious manner the peace of Europe. Faithful to its
moderation and love of peace, the Austrian Cabinet will
exert all its efforts to prevent ulterior complications. But
we cannot close our eyes to the fact that, as long as the
policy of Sardinia perseveres in its present character, con-
trary to the law of nations, and calculates upon war and
revolution, war presents' itself as the possible consequence
of our firm resolution to defend against every attack the
rights of Austria in Italy as resulting from treaties.
" Under these circumstances, we must in truth attach a
great importance to the conviction being fully established
in Europe that Germany, closely united, will not allow such
an attack to be made. '

"oWe do not, it is true;draw the conclusion therefrom that
the suitable moment has arrived to open deliberations at
Frankfort and for the German Confederation to take decided
measures. - ,

" We must take into' careful consideration the presumed
effect that will be caused abroad, as well as upon the internal
situation of the Confederation ; and, under the necessary
influence of those considerations, we, for the present, are
inclined to the opinion that the firm establishment of the com-
mon action of Germany with Austria, in case of war, ought
not to assume the obligatory forms of the Federal Constitu-
tion as long as the realisation of the eventuality for the advent
of which the community is prepared has not presented itself
as certain. But we need not give the assurance that the
opinions our august allies may wish to bring to bear upon
this essential point may beforehand count upon our most
serious attention, and will be by us eagerly taken into con-
sideration.

" Nevertheless, we think that it is decidedly desirable,
already that the Governments of Germany, as members
of one great body, should mutually communicate the
convictions which animate them in presence of the dangers
of the future, which it is impossible to disown, and pre-
pare themselves, by a firm agreement, to hold at the
proper time the same language, conformable to the
circumstances, and efficacious either towards Sardinia or
towards France, or finally towards both States together.
We shall receive with lively interest and warn gratitude
the assurance that this view is shared by our allies, and
that in particular the Government to which you have the
honour of being accredited is, on its part, disposed to co-
operate in the establishment of the full certainty that Ger-
many will act in concert with Austria, a result the success
of which would be certain, especially by choosing the pro-
per moment and the suitable form.
" You aro athorised to use this as a confidential commu-
nication.—l am, &c., "BUOL."

LAW INTELLIGENCE- (THIS DAY.)

ROLLS COURT.
(Before the Master of the Rolls, Sir John Romilly.)
SWINFEN V. SWINFEN-COSTS OF SUIT.

This cause came on to be mentioned at the sitting of the
court this morning.
His Honour the Master of the Rolls said—The only point
upon which I reserved my judgment related to the question
of costs—who was the party to pay the general costs of the
suit. In the ordinary case of a suit between party and
party, the costs, I apprehend, are proportioned and corre-
spond to the decision and result of the case. On
looking over the authorities, it is impossible for me
not to see that the Court have adopted a different rule in
the case of an heir. His Honour referred to the case of
Singleton, before Vice-Chancellor Sir James Wigram (a
case in absence), where the Vice-Chancellor gave costs ; but
his Honour could not follow the rule laid down in that case.
His Honour was of opinion that he could not give general
costs in this cause. He gave no costs on the first issue—no
costs on the second issue—costs on the petition for a re-
ceiver; and with regard to the real estate, dismissed the bill
without costs.

VICE-CHANCELLORS' COURT.
(Before the Lords Justices.)
APPEAL.--PARKER V. HILL.-JUDGMENT.

This was an appeal from a decision of Vice-Chancellor
Sir William Page Wood, holding, on the dissolution of the
partnership of the Imperial Salt Works, Stock Prior,
Worcestershire, carried on by the appellant (Parker) and
the respondent (Hill), the premium of £17,000 (in two sums
of £lO,OOO and £7,000) received by the respondent for the
sale of the lease and sub-lease of the premises on which the
works were carried on, was not partnership assets,
arid the appellant was not entitled to participate in the pro-
ceeds of the sale of these leases, and dismissing the plain-
tiff's bill without costs.

Lord Justice Knight Bruce delivered a lengthened judg-
ment in the case, and arrived at the same conclusion as the
Vice-Chancellor, that the lease and sub-lease of the pre-
mises in question were not, and never were, intended to be
partnership assets, but the private property of Mr. Hill
only, and the appellant was not entitled to a share of the
premium obtained on the sale of the leases of these
premises.

Lord Justice Turner was of a different opinion. His
lordship considered that the lease and sub-lease of the pre-
mises in question, and the premium received on the sale
and transfer of the plant and leases, was partnership pro-
perty, and that the appellant was entitled to his share
thereof as a partner of the company.
Their lordships, considering the difficulty of the case, were
of opinion that there should be no costs on either side.
The decision of the Vice-Chancellor was affirmed, and
the appeal dismissed without costs.

SHERIFFS' COURT.
(Before Mr. Prendergast, Q.C., and a jury.)

ALLOWANCE TO PROFESSIONAL WITNESSES.-IMPORTANT

CASE.-PANLING V. SHIELDS.

This was an action to recover a balance of account under
somewhat peculiar circumstances. Upon :the case being
called on, defendant's attorney asked for a short adjourn-
ment, as defendant had not arrived ; but his Honour said
he could not postpone the case. A jury, on Saturday more
particularly, should not be kept, and as the defendant had
got notice that the case would come on to-day the matter
must take its course.

The learned counsel for the plaintiff said that Mr. hul-
ling was an engineer and surveyor, of Tyrone, in Ireland,
and the defendant was a railway contractor. The defen-
dant, in the early part of January, 1857, employed plaintiff
to measure up some work on the North Wales Mineral
Railway. Plaintiff was to have £2 2s. per day and his ex-
penses. Defendant brought an action against the Railway
Company, and plaintiff gave evidence upon supcona at the
trial held at Guildhall. He had charged £8 Bs. for attend-
ing four days, and that would be at the rate of £2 2s. per
day.

His Honour did not think that plaintiff could claim £2 2s.
per day, unless there was a special agreement.
The plaintiff's counsel said there was prima facie evi-
dence of a special agreement, and if the plaintiff had had
any idea that there would have been any dispute he would
have had a special agreement, or he would not have at-
tended.

His Honour said that the usual fee was LI Is., and ac-
cording to all the authorities plaintiff could not recover
more unless he lived out of town.
Plaintiff was then put in the box and said—There was no
special agreement, but he considered that the attendance at
the trial was only a continuation of the agreement.
In answer to his Honour plaintiff said there was no spe-
cial agreement, and that the trial was proceeding at a time
when he was living in London.
His Honour did not think upon that evidence that plain-
tiff could recover more than LI ls. per day.
Plaintiff's solicitor said he bad paid one, two, three, four,
and five guineas, and that had been allowed by the taxing-
master.

His Honour.—lf you can show that defendant's attorney
has been allowed £2 2s. for plaintiff's attendance you can
recover, but certainly not unless.
Plaintiff's counsel said that defendant had not made any
appearance, and this was to all intents and purposes an
undefended cause. By his absence defendant admitted his
liability.
His Honour—But this is a matter of law, and you very
well know that if our authorities only allow ls., you
cannot recover £2 2s.

Plaintiff's counsel said he should leave it to the jury to
say whether they would award plaintiff £2 2s. per day.
Through his evidence Mr. Shields obtained Ll,OOO, and it was
not fair that plaintiff should be called upon to give his ser-
vices unless he received a sum that would repay him. He
was under the impression that he would receive the larger
sum or he would not have attended.

His Honour said it was for the jury to say. Plaintiff had
given his evidence fairly like a gentleman. There was no
evidence of a special agreement, and the law said 21s. per
day.

The jury deliberated for about two minutes, and then
found for the £1 ls. per day.
His Honour said ho was glad the verdict was in accord-
ance with the law. Upon the question of costs his Honour
refused to certify.
Plaintiff's counsel—The Secondary does so.
Honour's is a superior court.

Your

His Honour—After that compliment I ought to do any
thing—(roars of laughter)—but I can't certify.

DOINGS AT NEWGATE MARKET.-MORTON V. SANDEMAN.
This was a case reported some time since in this journal.
Mr. Chubb (of Deane, Chubb, and Saunders) again
appeared, and stated that the defendant had not complied
with the order of the Court.

Defendant said he had been unable to do so, but he had
now brought £l, which he was prepared to hand over.
His Honour—You are too much for me. I consider I
have earned my money for this case.
Mr. Chubb—And so have I.

Defendant—l can't help it ; I cannot pay.
His Honour—We have had this case before us for some
years. It was a debt originally contracted for some goods
consigned to defendant at Newgate-market for sale. I
suppose the butter and cheese were not good.
Defendant—Very bad, indeed.
Mr. Chubb--Last time you said you had made a bad
debt.

Defendant--Yes; so I did. We don't know half the
people to whom we sell the goods consigned.
Defendant then paid over the £l, and complained that he
had been dealt hardly with.
His Honour—You should pay without being compelled.
After some further conversation, and an energetic appeal
from Mr. Chubb to commit the defendant,
His Honour ordered 2s. 6d. per week.

POLICE INTELLIGENCE.-(TIIIS DAY.