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London, England, 1859-04-19 00:00:00

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THE SUN, LOIN,DaN, TUESDAY EVENING, APRIL 19, 1859.

THE LONDON.—The attention of Clerg. Pm' 3n,
-I- Officers, and Professional Gentlemen, is esp ect ally
drawn to the advantages offered in these elegant an, i j ,pa-
cious Saloons, which fulfil all the requirements of a W est-
end club of the most aristocratic and exclusive charade
F. SAWYER, Proprietor, 191, Fleet-str ei A.

LAW INTELLIGENCE.-(THIS DAY.)

THE NAVY.

COURT OF • CHANCERY.
(Before Vice-Chancellor Sir William Page Wood,
JIIDCMENT.-IN RE LOVELACE.

The iron screw steam transport Perseverance, 2,
Commander Edward R. Power, left Plymouth on
Sunday afternoon for Pembroke and Queenstown.
In relation to the inquiry last week at Devonport
before Captain Woodford J. Williams, it has trans-
pired that at the time of the collision, 10 o'clock on
Monday night, the 11th inst., the bark Ava, with
coal, was under all plain canvas on the port tack,
with head towards the land. She is said to have
been previously seen for a qiiarter of an hour by the
look-out on board the Perseverance, who reported
accordingly. The officer ofthe watch went forward,
saw her, returned aft, and gave the orders " ease
her" and " stop her," but too late. The Persever-
ance was going full tenknots and had not lost much
of her way. Very little noise was made on deck, to
prevent unnecessary alarm to the 200 troops below.
Providentially there was no sea on, or both ships
might have gone down. The Ava was struck on
the starboard gangway, and her mainstay and
rigging were caught in the steamer's bowsprit,
which held on for about ten minutes, when the
spar broke and the bark went down. Meanwhile
the steamer's two foremost quarter boats, which
are fitted with Clifford's lowering apparatus, were
quickly disengaged. The starboard boat soon got
alongside the sinking bark, and took out all the
crew, a dog, and some bags belonging to the men.
•It is said that the distance from the quarter deck
of die Perseverance to her bow prevents very prompt
action in case of such an emergency; that the great
length of the ship precludes
.her from turning her
head quickly, or what is termed " answering her
helm ;" and that the extreme brightness of the
night might have deceived the officer of the watch
in calculating, the distance of the Ava when first
seen.

TLONDON.—S AWYE R'S fam( 1113
I_ LONDON DINNER, consisting of two soups, t wo
fish, two entrees, joints, two sweets, cheese, and salad, a t a
fixed charge of 2s. 6d. (attendance, 3d.), is served from 1' rfo
till Eight in the spacious Saloon.
In the Coffee-room, Dinners from thejoint, with vegetably
cheese, and salad, ls. 6d. (attendance 3d.), and soup, fish, ei 1-
trees, &c., a la carte, are served from One till Nine o'clock.
Ladies' Private Rooms and Dining Saloons. Spacious an d
well-ventilated Wine, Coffee, and Smoking Saloon.
An extensive and carefully selected stock of Rhenish, 310 -
selle, and other Wines, imported expressly for the Londoi
Dinner. Open on Sundays from Four till Nine.
F. SAWYER, Proprietor, 191, Fleet-street.

The contention was whether, under a special power of
appointment in the testatrix's will, succession or legacy
duty was payable t? the Crown by the appointer or ap-
pointee under the Legacy Act.
His Honour, the Vice-Chancellor, held that the legacy
duty was not payable in this case.
DE ..MATTOS V.. GIBSON.
- .

Plaintiff, master of the ship Alvers, claimed a lien on the
ship for part repaira.of £250, and filed his bill for specific
performance of the charter party to sail the ship to Suez
with coals. Currie, agent of the mortgagees, in Newcastle,
for £1,935 on the ship, and one of the charter party became
bankrupt, and was unable to complete the contract. The
ship sailed on her voyage but was - unable to- proceed, and
put back into the port of Penzance for repairs and was
unloaded. The respondent, in -right of the mortgagees,
completed the additional repairs at a cost Of about £B5O,
but declined to complete the charter party contract.
His Honour the Vice-Chancellor held that, under all the
ircumstances of the ease, the mortgagee was not bound to
c omplete a sailing contract to which he was no party, and
d ismissed the bill as against the respondent Gibson, with
c oats, and as against Currie without costs, except the costs
o if motion for an injunction up to the hearing of the cause
I lefore the Lords Justices, with liberty to their lordships to
dispose of the costs of the hearing of the cause.

THE PATRICIAN. This Establishment is
now Open for first-class DINNERS, LUNCHEO
&c. The PATRICIAN DINNER, in the large Dining-ro
at 25. 6d., cdmprising Soup, Fish, Entrées, Joints, Pastry,
Cheese, &c. The Wines with corresponding, economy. I n
the Coffee-room, Dinners and Refreshments ala carte. Spi
cis' attention is invited to the numerous Private Apartvient s
for the Patrician Dinner, at ss. The Smoking and ChYess -
room combines comfort and elegance. The lavatories, ve ti -
bales, and spacious entrance, with the general unique arrar ge-
meats, ensure an acknowledgment that this noble Mansio
worthy of its title—THE PATRICIAN. Open at Five on
Sundays.
Orders, addressed to J. HOLMES and CO., The Patric' an,
New Coventry-street, will have the best attention.
N.B.—Wedding Breakfasts and Ball Suppers, with fii•st-
class attendance.

COURT' OF PROBATE AND DIVORCE.
(Before the Judge-Ordinary.)
HAYNES V. MATHEWS--NOVEL CASE.

This was a petition presented by the plaintiff to obtain
prt-ters of administration to the'4'estate of a Mr. Stephen
(nark, decea..4ed, and the defendant had entered an appear-
/3.11ft.

From the opening statement of counsel for the petitioners
`t appeared that the plaintiff, Mr. Haynes, was a creditor of
►e deceased, who died possessed of property to the amount
o f between £I,OOO and £6,000. Ann Mathews, the wife of
the defendant was his sister and sole next of kin, and as he
died intestate she became entitled to the estate in question.
The defendant who was a grocer and had resided at
C ;hipping Norton, some time subsequent to his marriage ;
b ut having become embarrassed he assigned his interest in
tl ie business which he earried on to the deceased, who ap-
ps Anted the petitioner to conduct it. The defendants' ill
tr eatment of her compelled Mrs. Mathews to leave him in
if 53, and in conformity with the terms of an indenture exe-
cs ted, she lived separate, having the custody of the
clb ildren. The defendant shortly afterwards went to Ox-
fat :d where he enlisted in the Coldstream Guards, in which
r liment he was a corporal, and was entirely dependent on
h 3 pay. The plaintiff and two other parties were ap-
r.o inted by the Master of the Rolls trustees of the indenture,
i a order to protect the property. Under the circumstances
rs. Mathews renounced administration. For the de-
fen tdant it was contended that he was entitled to administer
w:e.en his wife refused to do it, that there was collusion be-
ts teen Mrs. Mathews and the plaintiff. It was also averred
on his behalf that he offered to settle two-thirds of the,
es tate on Mrs. Mathews, or the whole of it provided she
lit -ed with him, and gave him some beneficial interest in
tia e same ; that he had not acted with cruelty, and that he
ha d redeemed his character by his good conduct in the
an ny.

The Mersey, 40, screw steam-frigate, Captain H.
Caldwell, C. 8., steamed out of Portsmouth Har-
bour yesterday, and after taking a turn round the
Nab Light brought up at Spithead, where she will
take on board her powder and shell, and afterwards
proceed for a short cruise in the Channel before
making any further trial of her screw.
The Doris, 32, screw steam frigate, Captain E.
Heathcote, got under way yesterday, at Spithead,
for a trial of her screw at the measured mile in
Stokes Bay. The average of eight runs gave her
more than 11 knots, but as it is now 18 months
since she was docked, it has been determined to
place her in dock to-day at high water, for the
purpose of cleaning her copper, which, from the
low rate of speed the ship gained, is suspected to be
very foul. The common screw was used on this occa-
sion, and will remain shipped until after the next
trial, when she will return to the harbour and ship
Griffith's screw for a trial. As the common screw
will be tried with the form and pitch variously mo-
dified, it is likely that these trials, if fully carried
out, may continue for some little time. Captain
Gordon, commanding steam reserve, with Mr.
Murdock, inspector of machinery, were on board
during the trial. Sir Baldwin W. Walker, Sur-
veyor of the Navy, also returned to harbour in the
Doris, having previously gone out on board the
Mersey. The Melpomene, 51, screw steam frigate,
at Portsmouth, was yesterday taken out of No. 7
dock and berthed alongside the north quay of the
steam-basin, where she will take on board her
guns, shot, &c. The Pincher and Bullfinch, gun-
boats, were afterwards taken into the same dock.

, Dr. Phillimore, Q.C., and Mr. Charnock were counsel for
th e petition, and Dr. Spinks appeared for the defendant.
The court reserved judgment.
CHARLTON V. HINDMARSII.

This was a testamentary suit, and an issue had been di-
rected to be heard at the assizes at Devon, and the jury,
;under the instruction of Mr. Justice Byles, returned a
verdict for the defendant, with leave for counsel to apply
for a new trial.

The men employed in Portsmouth Dockyard upon
the Assurance, Neptune, and other vessels that are

being broughtforward for immediate service, com

menced yesterday to work overtime, it having been
determined to complete all ♦essels at present in
hand as speedily as possible.
The Court-martial upon the officers of the jaseur,
for the loss of that vessel during the night of the
26th of February, on the shoal of Baxo Nuevo,
will be held on goard her Majesty's ship Victory,
at Portsmouth, this morning.
The sailing ship Sidney Hall was yesterday char-
tered by Government for the transport of shot and
shell from Woolwich to Gibraltar. The sailing
transport Vicar of Bray yesterday left Woolwich
for Valparaiso laden with ammunition and war
stores.

Mr. Atherton, Q.C., on behalf of the plaintiff; now
m oved for a new trial, on the ground that the disputed will
was not validly subscribed.
Rule granted.
The Court then adjourned.

uP,OLICE INTELLIGENCE,-(THIS DAY.:

MARLBOROUGH-STREET.

:THE ROBBERY AT THE " HOME FOR MOTHERLESS
Gz RLS."—Elizabeth M'Donald, the young woman who was
chx rged with stealing about £l5, the moneys of Lord
Eby lry and others, the trustees of the Home for Motherless
Gir Is 2, King-street, Grosvenor-square, was brought up
for final examination.

The following appointments were madeyesterday
at the Admiralty :—Samuel Libby, Master, to the
Trident ; Samuel Coles, Naval Instructor, to the
Algiers ; john H. Minter, Deputy Medical In-
spector, to the Victoria and Albert ; Henry J. V.
Mial, Paymaster, additional, to the Hannibal ; and
Edward li. Stanton, Assistant Paymaster, to the
Exmouth.

T he prisoner was employed as a cook at the Home since
Jan, nary last, and during the time she was so employed
sew ral small sums of money were missed from a drawer in
the library table. On the Ist of April she left the Home
wit.l tout giving any notice, and after she was gone a f.. 5
note and other money was missed, the whole amounting to
abort it £l5 at different times. It also appeared that, from
the time the prisoner left the Home till she was taken into
custody, she had been visiting theatres and riding about in
cabs , spending about 10s. a day.
M r. Beadon said she was charged with stealing a $5
note and other moneys, the property of Lord Ebury and
othe rs, the trustees of the Home for Motherless Girls ;
was she guilty or not ?
Tl to prisoner said, sobbing, that she was guilty.
r. Beadon said there could be no doubt of it. The
note had been traced to the shop where she had purchased
a bed met and other things. A person from the bank was
present, and the case was quite clear. She had gone as
servo at to the Home, and had taken the opportunity of
stealing money in this terrible way—first stealing small
sums., and ending by stealing a So ,note. It was not a
solitri.ry instance, and it was very necessary an example
show ltl be made of her, and it was all the worse as she
must have known the money was for poor destitute chil-
dren..

Tb,e prisoner was then committed for six months, with
hard labour, to the House of Correction.

COWES, ISLE OF WIGHT.

ELECTION MOVEMENTS.
COUNTY OF THE ISLE OF WIGHT.—C. C. Clifford, Esq.,
the present member, having given his votes, and carried
out the promises he made at the time of his election, and
paid immediate attention to all applications to him on local
matters of a public nature, there seems to be no chance of
any one picking a hole in his coat, and no one can be found
hardy enough to take the field against him.
THE MEMBERS FOR THE BOROUGH OF NEWPORT.—
Messrs. Mangles and Buxton have not presented themselves
for re-election. They saw their chance was hopeless. They
lost many of their friends in neglecting to attend to an ap-
plication made to them of a local but public nature, in which
the whole town felt interested ; but strange to say these
professed friends of public improvements did not even reply
to the official letters sent them.
Messrs. E. F. Flower and W. M. Cooke have offered
themselves on the Liberal side ; they have published ad-
dresses to the ;burgesses, and held public meetings at New-
port and at .Cowes._

Messrs. W. R. Kennard and P. L. Powys have been
brought forward by the Conservatives, and have had meet-
ings of their friends at Newport, and intend holding a meet-
ing at the Fountain Hotel, Cowes, to-morrow evening; but
both parties are obliged to use a great deal of exertion to
get the electors to attend the meetings. The good things
of this life are not so freely given away now at election
meetings as they were formerly—there is no sm irr neng in
grog now. The general opinion is that the Liberals will
be beaten. They made a great mistake in not securing
Mr. Massey at the last election, and have now to pay the
penalty.

RAILWAY COMPETMON.—The cheap fares from London
to Cowes is daily giving hundreds opportunities to visit the
Isle of Wight that the old high rates prevented doing so.
Parties may now obtain a double journey ticket for 3s. 6d.,
and this includes train, omnibus, pier, and steamboat, from
London to Cowes and back again ; and oiie of the railway
companies at least have had their eyes openW to the fact of
their having been robbing themselves for years by extrava-
gant charges, bad carriages, and slow travelling.
IRON SCREW STEAMER FOR THE R.Y.S.--The Marquis
of Conyngham, we hear, is having a splendid iron screw
steam yacht, of 250 tons, built at Glasgow, under the super-
intendence of Captain IL. M. Keane, secretary to the Royal
Northern Yacht Club.

ISLE OF WIGHT STEEPLECHASES.—These long-promised
events are fixed to come off on Thursday next. The ground
chosen is at Gatcombe, near Newport, and from the num-
ber of horses entered great sport is expected.
The first race is for horses that have fairly hunted with
the Isle of Wight hounds, to be ridden by gentlemen
farmers or their sons, who have not ridden for hire. Ten
entries have been made.

The seconel is an open race of L 5 each, and L3O added ;
distance about three miles; thorough-bred horses 71b extra.
Besides the island horses, several have been entered and
sent from other parts of the kingdom. Fourteen are entered
for this race.

The third race is for a purse.

ELECTION INTELLIGENCE.

ST. IVES.

It is stated that this hitherto unpretending little
borough at the Land's-end is to occupy hereafter
no inconsiderable share of attention in the
commercial world. A requisition is in course of
signature to an eminent financier, who is a western
man, connected with one of our leading dock and
several other public companies, to come forward as
a candidate, and pledging the parties to secure
his return, in the full assurance that he will
promote the general interests of the borough, and
especially assist them to obtain aParliamentary grant
of £400,000 in aid of -a refuge harbour, as recom-
mended in the recent report of the Royal Commis-
sion on Harbours of Refuge, and to form a company
for constructing commercial docks in connection
therewith.

As the Bth of May falls on a Sunday, the
L 2,000,000 Exchequer Bonds maturing on that day will
not be paid until the 9th. •

PRICE 4D. STAMPED, SD.

OUR NATIONAL DEFENCES.

(From the ,Daily News.)
While two great Continental Powers are' on the
brink of war, and a confederation comprising some
thirty millions of men is arming in expectation of
a share in the strife, attention is once more seri-
ously directed to the state of our own National
Defences. Not that France is more likely to attack
us when she is engaged with a powerful foe ; on
the contrary, the petty slights in which M.
Walewski and his colleagues have thought fit to
inchilge towards this country in certain late trans-
actions are likely to be abandoned for a much more
courteous demeanour, should the Emperor Napoleon
be brought into conflict with the stubborn races of
Central Europe. But history has shown us how a
war his an inevitable tendency to become general,
and it needs no long reflection to assure us that the
more nations are united by ties of trade and inter-
course, the more one of them must be affected by
the blows which are directed against another. It
will be, indeed, the sacred duty of England to keep
aloof from a struggle between tyranny affecting the
championship of legitimate right, and ambition
wearing the mask of disinterested philanthropy.
But, as Lord Derby warned us last night, England
may soon be called upon, if not to interfere, at least
to show her power of interference.
We have often called attention to the general
subject of National Defence, but always, we are
sorry to . say, with very limited success. Indeed,
it will probably require a great calamity or a
thorough fright to make Englishmen take up the
matter in the patriotic spirit of 'their grandfathers.
We have pointed out the essential weakness of our.
position—a weakness which no construction of line.
of-battle ships, no activity in recruiting for the
army or militia, will ever remedy. The Englishman
of the present day has forgotten the use of arms.
Although his frame be as powerful, his spirit as-
high, his energy as untiring, •his enterprise as keen
as ever, yet the knowledge which his forefathers
possessed of resisting an enemy in war has entirely
passed away. The athletic sports of Rugby boys
may be recorded to the delight of the public, and
the undergraduates of our universities may show
their pluck and stamina in rowing a four mile race
on a stormy April day ; but the practice of football
or of vying with the toughest watermen on the
Thames is of little service to young men when their
country is in danger, and they called upon suddenly
to defend it. A great deal is said, and with justice,
of the dawdling and puerile amusements of conti-
nentals in comparison with Englishmen. Lemonade
and dominoes fill up the time which would be de-
voted to manly exercises in this country. But the
use of arms and a love of seeing and joining in mili-
tary evolutions has been encouraged by the State
among three generations of Frenchmen, and the con-
sequence is that the whole population is endowed
with a military knowledge sufficient to turn them in
a few weeks into fairly efficient soldiers. The same
may be said in some degree of the whole German
people. Though among the most domestic and
peacefully disposed of Europeans, the necessities of
their position have made them cultivate universally
the rudiments of the art of war, and a month or
two of danger would be enough to set on foot a
force to be numbered by hundreds of thousands.
What is the result of this preparedness ? A feel-
ing of self-confidence, of certainty that no enemy
can succeed in inflicting a deadly blow on their
territory, which gives both Frenchmen and Ger-
mans a dignified bearing in Europe. How dif-
ferent is the case with England ! Here there is,
on an average, a violent panic every two years
about a French invasion ; and people in the
country tear open their second day's newspaper to
see whether it is not announced in large capitals
that the French are established on the coast of
Kent, and are engaged in bringing over their
cavalry and artillery. In the House of Commons
the discussion of the subject is endless. The
French have some guns that we have not, they
have some shell that we have not; they have built
so many sail of the line or frigates ; such fortifica-
tions have been added to Cherbourg; such a dock
has been constructed at Brest. Fear of the French,
and suspicion of what they are doing, are the
predominant feeling in the minds of military and
naval members; it finds expression at all times ;
it is echoed by the Government, it is received
with greedy anxiety by the public, and it becomes
the common subject of conversation on the Con-
tinent. Who is there conversant in any way with
foreigners who does not know that the effect on
their minds is in the last degree humiliating to this
country? The French feed their vanity with the
tribute we offer them, and firmly believe that the f
day is soon to come when they are to avenge in
London the loss of Canada and India and the fall
of Napoleon. Even the more clear-sighted neutrals
consider that the difficulties of a landing are only
physical, and that if it were once accomplished the
inhabitants of these islands could oppose no more
resistance than so many Chinese. Prussia was over-
thrown in a single battle and held for seven years;
even Spain, with its ranges of mountains and its
indomitable guerillas, would have been subdued
but for a foreign army. Suppose a French force
once in England, Portsmouth and Plymouth seized,
and the Channel made clear for • French reinforce-
ments, what is there to prevent England being held
by an enemy long enough for the destruction of her
empire and the dictation of an ignominious peace ?
This is the argument of foreigners who dislike us
no more than all foreigners do, and have no wish
to see French power increased in Europe. Our
readers may judge for themselves whether it is
sound ; this, however, is to be said—that it influ-
ences the policy of rulers, excites the ambition and
cupidity of our neighbours, is at the bottom of the
present unsettled state of Europe, and has cost us
during the last year £23,300,000.
The fact is, that the unerring judgment of man-
kind tells them that mere standing armies and
fleets are not a sufficient defence of nations. A mere
artificial organization which may be demolished by
a campaign, a pestilence, or a tempest—which some
event like an Indian mutiny may cause to be wholly
transported from the land it was raised to defend—
does not give a fit security to the people, who may
at any moment be deprived of its services. There
can be only one true defence of a nation like ours
—a large and permanent volunteer force, supported
by the spirit and patriotism of our young men, and
gradually indoctrinating the country with military
knowledge. We are the only people in the world
who have not such a 'force in one form or another.
There are the Americans at 3,000 miles distance
from Europe, and without an enemy or a rival on
their own continent. Yet they keep up a militia
which can muster several hundred thousands strong,
and on some occasions New York wears the aspect
of a European metropolis, such is the parading,
drumming, and firing. The result of this is to be
seen in the confidence they have in their own
strength, though without either army or navy,
according to our notions of such forces. But at
a meeting held 'in St. Martin's-hall on Saturday
Sir Alan M'Nab cited an instance which still
more closely interests us. He spoke of the Cana-
dian militia and their services in the war of
1812. When Bonaparte was marching his forces
on Russia the ambitious President, Mr. Madison,
took advantage of the supposed embarrassment
of England to attempt the conquest of Canada
by an American army. Total defeat, however,
awaited them, and General Hull surrendered with
his whole force to Sir Isaac Brock. But of what
was the victorious army composed ? Of Canadian
Militia and volunteers ; for when the war broke
out the British " had not in Canada 900 men of all
arms above the city of Montreal." May we some
day have in this country a force as useful and
patriotic ! And though every Englishman may
well feel proud of the gallant army which has
fought in India ; though the words of Lord Ellen-
borough will speak to their hearts when he said
that with such troops we could engage any other
in the world with the absolute certainty of success,
yet we must once more raise our voices in favour of
those local and domestic levies which will be the
best support to a nucleus of Indian heroes. We
know that if the hour of danger should come volun-
teers would rush forward by hundreds of thousands ;
but it is to obviate such a panic that we would ask
for the speedy restoration of what may be called
the old national force of the country. It is not
Line regiments—it is not exactly Militia that we
want—but men of ordinary occupations trained by
a certain amount of drill to support the regular
armed force either in the field or the fortress.
There is plenty of wealth and plenty of leisure for
the formation of such corps, and the metropolis
alone could furnish a contingent strong enough to
garrison any two naval ports of the kingdom.

NEW STREET FROM COVENT GARDEN TO THE
STRAND.—The works of a portion of the above new street
are now progressing with a considerable amount of vigour.
On its western side, near to St. Michael's Church, a very
large block is being proceeded with, from the designs of
Mr. Charles Gray. In plan, a decided improvement will
as regards the approach to the street from the
the corner of the block being well rounded. The
übeppaeffreecntedd;
new street will be 42 feet in width from wall to wall, and
the sewer in the centre of the roadway, which is 4 feet by
2leet 8 inches, egg-shaped, one brick thick, is already put
under the direction of Mr. Fry, the surveyor, who will
forthwith cause the roadway to be formed, and thus open
out the thoroughfare to Burleigh-street.—Building News.