The Sun.
London, England, 1859-01-26 00:00:00

FOItEIGr:N

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Paid. I Closing
Price.

Railways.

CITY, Two o'CLocK.

111 131

90 92
8 9

THE SUN, LONDON, WEDNESDAY EVENING, JANUARY 26, 180:

. .
LAW. lIVTELLIGENCE-(THIS DAY)

lusinass
Done.

COURT OF CHANCERY.
(Before the Lord Chancellor and the Lords Justices.)
APPEAL.-HAVILAND V. MORTIBOY.-JUDGMENT.

- .
This appeal cause has excited great public interest. The
Lord Chanceller's Court was this morning crowded to
excess to hear judgment delivered in this case. It will be
remembered that this is an appeal from a decision of Vice-
Chancellor Sir John Stewart, disallowing the defendant,
Mr. Mortiboy's, claim of £2,968 Bs., as executor of
the late Mary Shepherd, widow of the late Mr.
John Shepherd, jeweller, George -street, Euston-square,
on his estate, on the ground that Mrs. Shepherd had been
previously married to Mr. Masters, pianoforte maker, who
was then living. She married Mr. Shepherd on March 8,
1824, at St. Pancras Church.

The Lord Chancellor, after taking a retrospective view of
the whole facts and circumstances attending this most ex-
traordinary and mysterious marriage, so far as they were
disclosed in evidence, considered that Shepherd and Mas-
ters were not different persons, but the same identical per-
sons under different assumed names, and that the ceremo-
nies of the marriages performed at St. Marylebone in Feb.
and St. Pancras in March, 1824, by the same persons, under
different names, was nothing extraordinary, but in perfect
harmony, and in consistency with the other proceedings of
this facinating and fanciful lady. His Lordship observed
that whatever doubt or difficulty there was about the mar-
riage of this lady with Masters, Jones, or any other, he
entertained no doubt whatever that there was a valid mar-
riage contracted and celebrated between her and Mr. Shep-
herd, and therefore she was entitled, as his widow, to one-
half of the property of which he died intestate, and her
executor is now so entitled.

Lord Justice Knight Bruce and Lord Justice Turner
were entirely of the same opinion.

The Lord Chancellor reversed the judgment of the Vice-
Chancellor, and dismissed the appeal without costs.
Mr. Mortiboy is the appellant, and Mrs. Haviland re-
spondent.

POLICE INTELLIGENCE.-(THIS DAY.)

BOW-STREET.

EXTENSIVE ROBBERY BY A SERVANT.—A young
man named Neville, carrying on the business of a butcher,
in Seymour-street, Somers-town, and Knowlton, in the
employ of Mr. Reed, a butcher in Chancery-lane, were
placed before Mr. Henry, the former charged with receiv-
ing, and the latter with stealing a large quantity of rough
fat.

Mr. Reed, the prosecutor, said—l carry on the business
of a butcher in Chancery-lane, and the prisoner Knowlton
was in my employ. Part of his duty was to carry fat to
my melters, Messrs. Cook, of Smart's Buildings, for which
purpose he used my horse and cart. From certain circum-
stances occurring, I was induced to believe that Knowlton,
who had only been in my employ three months, was rob-
bing me, as I found a large falling off in the money I re-
oeived for the rough fat. I communicated my suspicions to
the police, and two officers Holmes and Franklin of the F
division were employed to watch-him. Last evening, as
usual, he left my shop with the fat that had been collected
during the week, seven sacks, and instead of taking it
to the proper place it was found that he disposed of a sack
of it on his road.

Holmes, F 50, said, I, in company with Franklin, a
brother officer, last night watched the prisoner Knowlton
leave Mr. Reed's shop, in Chancery-lane, with seven sacks
of rough fat in a cart. He drove at very rapid rate along
Holborn ; but instead of going to Smart's-buildings, he
turned up one of the streets precisely in an opposite direc-
tion, and went into Bloomsbury-square, where, on reaching
one of the dark parts, he threw one of the sacks of fat from
the cart into the road, and Neville immediately ran towards
it, and sat upon it until a cab came up, which he hired, and
then placed the sack on the top of the vehicle and directed the
cabman to drive off as fast as possible. Wishing to discover
where he was about to take the property to, I ran after the cab
fin. some distance until I was able to procure another cab to
pursue him. Having succeeded in so doing, I followed
him, and found he stopped at the house of Mr. Brown, an
extensive tallow melter, in Wilsted-street, Somers-town.
He then took the sack of fat from the cab into the shop and
placed it in the scale, when I entered and took him into
custody. Having lodged the prisoner in the station-house,
I informed Mr. Reed of the steps I had taken, when we
returned to Mr. Brown's shop, and from an entry in his
books we found that since the early part of October Neville
had disposed of no less than 355 stones of fat, for which he
had received the fair market value.

Mr. Henry (to the prosecutor)—How long has the pri-
soner been in your employ ?

Mr. Reed—About three months, your worship.

Mr. Henry—What wages used he to receive ?
Mr. Reed—l gave him eight shillings a week; in addi-
tion to which he was allowed a certain quantity of fat,
which usually produced about 2s. weekly, with board and
lodging. I had for some time thought he was robbing me,
but I had no direct evidence that he was. In one week I
have been told he spent as much as £7 in jewellery. I
have in my hand a copy of the entries in Mr. Brown's
book, from which I perceive that in some weeks he has re-
ceived as much as £5.

Police-constable Franklin, F 5, said—l, with Holmes,
-watch the prisoners. [The witness then gave a similar
version of the affair as that detailed by Holmes.] I searched
the prisoner's lodgings. At Knowlton's I found a silver
gilt watch, a gold albert chain, a valuable breastpin, and
other articles of jewellery. Neville's home was also very
beautifully furnished, much more so than it was possible
for him to have done from the proceeds of his business.
We also found there several things which looked very
much like stolen property.

Mr. Lewis, jun., who appeared for Neville, said up to
that moment he had not questioned the witnesses, and he
now, after hearing the evidence, asked the magistrate to
deal summarily with the case.

Mr. Henry—Mr. Reed you don't perhaps know the effect
of that application. It is that I dispose of the case now,
without sending it to the sessions.

Mr. Reed—l hope your worship will do nothing of the
kind, for in addition to stealing the fat I have every reason
to believe that I have been robbed of meat to a very large
extent. Tho losses I know of exceed £lOO.

Mr. Henry—Very well; then I'll commit the prisoners
for trial.

Mr. Lewis—Your worship will take bail for Neville ?

Mr. Henry—No, I shall not.

Mr. Lewis—l have not yet said a word in his defence,
and I hope you will alter your determination.
Mr. Henry—l am perfectly willing to hear whatever you
have to say on behalf of your client, but I think the case is
indefensible. Unless you can alter the facts as they stand
by your arguments, I shall adhere to my determination.
Mr. Lewis—l don't think at present I could do so.
Mr. Henry—Then both prisoners must be committed for
trial. They had better bo brought before me this day
week, as the police may in the meantime discover more
about them.

SPORTING INTELLIGENCE.

BETTING AT MANCHESTER.-TUESDAY.

There was considerably more than an average attend-
ance at the rooms to-day, without, however, giving rise to
any grtat amount of wagering. For the Chester Cup
Drogheda was supported to win about 2,000 at 20 to 1,
which price was obtainable up to the close. Polestar had
friends at 25 to 1. 30 to 1 was offered on the field bar
two. Harraton, Hal o' Kirklees, Go-a-head, Saunterer,
and Fisherman were each more or less invested upon at 100
to 1. The appearance of the weights for the Liverpool
Steeplechase had very little effect in the shape of improv-
ing speculation upon that event. Ghika was again in de-
mand at 20 to 1, and that figure was taken to a little money
about Weathercock. Reynard was the only horse named
for the Derby, against whom 30 to 1 was offered to money,
but 33 to 1 was taken where obtainable. For the Two
Thousand Guineas Stakes Phantom was backed at 10 to 1
to win about £5OO. 100 to 6 was taken about Hal o'Kirk-
lees, and 100 to 7 about Lord of the Manor. 600 to 20 was
taken about Little Agnes for the Northampton Stakes.

CLOSING PRICES.
LIVERPOOL STEEPLECHASE.
20 to 1 agst Ghika (taken freely)
20 to 1 agst Weathercock (taken)
20 to 1 agst X anthus (taken and offered)
NORTHAMPTON STAKES.
25 to 1 agst Little Agnes (taken)
TWO THOUSAND GUINEAS.
sto 1 agst Promised Land (offered)
10 to 1 agst Phantom (taken freely)
100 to 7 agst Lord of the Manor (taken)
100 to 6 agst Hal o' Kirklees (taken)
CHESTER CUP.
20 to 1 apt Drogheda (taken and offered)
26 to 1 agat Polestar (taken)
40 to 1 agst Underhand (take 50 to 1)
100 to 1 agst Harraton (taken)
100 to 1 agst Hal o'Kirklees (taken)
100 to 1 agst Fisherman (taken)
100 to 1 agat Go-a-head (taken)
100 to 1 agst Saunterer (taken)

DERBY.
30 to 1 agst Reynard (sake 33 to 1 freely)

SCRATCHING.—Ducrow has been struck out of the
Chester Cup.

THE ST. PANCRAS GUARDIANS AND THE REV.
MR. PUGR.—At the usual weakly meeting of the Board of
Directors of the Poor of St. Pancras, held at the Vestry-
hall yesterday, Churchwarden Attenborough in the chair,
the following letter from the Poor Law Board was read.
After a short discussion it wo referred to the Vestry, as
the latter body had dismissed Mr. Pugh :—" Poor Law
Board, Whitehall, Jan. 24, 1859.—Sir,—I am directed by
the Poor Law Board to inform you that they have received
a communication from the Rev. Thomas Pugh, stating that
he has been' dismissed by tie 'vestry of the parish of St.
Pancras, from the office of chaplain of the workhouse with-
out notice. The Board find that Mr. Pugh was appointed
chaplain in August, 1856, at which time the order of the
Poor Law Commissioners, dated the 9th of December, 1846,
was in force. The Board desire me to refer the directors to
Article 68 of that order, which provides that every officer
appointed to, or holding any office under it (the chaplain
being one of such officers), shall continue to hold the same
until he shall die, or resign, or be removed by the Poor
Law Commissioners. The Board request to be informed
whether the directors have, ordered Mr. Pugh to discon-
tinue the discharge of his duties as chaplain to the work-
house. If so, the Board 101 be glad to receive any expla-
nation or observations upon the case that the directors may
desire to make.—l am, sir, your obedient servant, COUTE-
NAY, Secretary.—To E. PAW, Beg.. Clerk, &c."

CALEDONIAN SOCIETY OF LONDON.

The anniversary festival of this society, instituted for
purposes patriotic, charitable, and social, being accustomed
to be held on the 25th January, in honour of Burns' birth-
day, was yesterday celebrated with more than usual dis-
tinction, commemorative of the centenary of the Bard's
natal day. Upwards of 300 members and friends (ladies
and gentlemen) met together on this occasion in the large
hall of the London Tavern. There were present, among
others, David Roberts, R.A., Charles Knight, William
Chambers of Edinburgh, Hepworth Dixon, Calder Mar-
shall, R.A., Professor Masson, Dr. Hodson, Major Adair,
Mr. James Grant, Mr. Filmore, Captain Malcolmson, Capt.
Leith, and Capt. Adair.
The President of the society, Mr. Marshall, took the
chair; the croupiers being Mr. David Chambers, Mr. Hep-
burn, and Mr. Clapham. An agreeable and distinguishing
feature in this society's entertainments is the presence of
the ladies at table. The hall was tastefully decorated with
shields of various devices and armorial bearings, hand-
somely draped with clan tartans. During the evening the
company were entertained with music beautifully executed
by Mr. Guiness's band ; while her Majesty's piper and
Mr. Williamson, piper to the Caledonian Asylum, gave the
Highland pibrochs and marches. Mr. Templeton, the
veteran vocalist, attending in honour of the occasion, sang
with almost his former taste, vigour, and effect—his singing
of "There was a lad was born in Kyle" being rapturously
encored. Miss Lizzy Stuart also sang several Scottish airs.
The usual loyal toasts being proposed and received with
enthusiastic applause,
The CHAIRMAN proposed "The Guests," coupling with,
it the name of Charles Knight.
Mr. CHARLES KNIGHT, in replying, said that about ten
years before Robert Burns was born Gray wrote his cele-
brated Elegy on a Country Churchyard, in which he said—
" Some mute inglorious Milton here may rest."
That was no doubt true as regarded the English peasantry,
who, at the, time he wrote were not in a very satisfactory
state in the matter of education ; bat Burns had received
the inestimable advantages of that parochial system of
education which had long prevailed in Scotland, and which
did so much for him in the position to which he was called.
(Cheers.) He did not say that a poet was made and not
born, but he meant that if Burns had been born in Eng-
land in the humble circumstances in which he was born in
Scotland the chances were that he would not have attained
the eminence of being the greatest original mind of the 18th
century. (Cheers.)
Mr. HEPBURN then rose to give the toast of the evening,
" The Memory of Burns," and in the course of his observa-
tions said—You are all aware that we are met here to-night
to do honour to the memory of one who has long since passed
away—who now lies slumbering silently in the "auld kirk-
yard ." We are met to do honour to the memory of one of
whom a distinguished writer of the present day (Thomas
Carlyle) says, "He was the greatest soul that lived in all
that 18th century." We are met to do honour to the
memory of one of the most gifted sons of Scotland—her own
immortal bard, Robert Burns. To-night, " ayont the
Tweed," in the Modern Athens, in the western capital
and in nearly every town and village from " Maidenkirk to'
John o' Groat's," vast numbers are assembled at this mo-
ment, commemorating the centenary of his birth. The
sentiment I am about to express has already been enthu-
siastically responded to by all ranks and classes. It now
resounds throughout the length and breadth of Scotland—
it finds a genial and an almost universal echo on this side of
the Border, and it is re-echoed from across the eastern and

the western waters. Methinks it falls now on the ears like
the murmuring of winter winds, the rustling of autumnal
leaves, the rushing of mighty waters, and the sound of
distant thunder. Strange would it have been had Scotch-
men not have assembled to-night in this great metropolis
to swell the lofty strain. Strange indeed would it have
been, had this society, that has ever been foremost in the
cause of nationality, not have assembled in such large num-
bers to do honour to the natal day of Scotia's poet.
Strange indeed would it have been had this assembly
not been graced by the presence of those who
have better feelings, warmer affections, and kindlier
hearts than ours to testify thus their sympathy with the
cause that brings us together. Is it not pleasing to find,
sir, around this festive table, men who are highly distin-
guished in the arts and literature of our country—men of
kindred spirit, who have come nobly forward to assist us
in binding fresh laurels around the brow of our great
national poet? Is it not pleasing, sir, to find Englishmen
here to-night offering that homage to the shrine of Burns
that we have ever offered at the shrine of Shakspeare ? Is
it it not pleasing to find Irishmen hero paying that honour
to the Bard of Coils which we have ever paid to the Bard
of Erin ? We are all met to-night to join heart and hand
with the thousands upon thousands of our fellow-country-
men and others throughout the world who are now pro-
claiming with a loud yoke, which rends the air as it is wafted
from shore to shore, their respect for the memory of Robert
Burns. It has been my privilege, sir, to have visited lately
that corner of the land for ever hallowed by its association
with the name of Burns. I have sauntered with delight along
the " Banks o' Doon." I have stood in rapture on that
spot where " Ayr, gurgling, kissed its pebbled shore." I
have climbed the " Braes o' Ballochmyle," and I have wan-
dered through the woods that skirt the " Castle o' Mont-
gomery." I have looked with emotion on that humble
cottage wherein he first drew breath. I have gazed in
sorrow 'on that lowly chamber whence that breath for ever
fled. I have followed him in his chequered career from
infancy to manhood—from his cradle to his grave—and
time will never efface the impressions made upon me whilst
in the midst of those scenes. Were it possible that I could
carry you there now in imagination, would we not conjure
up the manly form of the Heaven-inspired poet—truth and
honesty engraven on his heart—independence and nobility
stamped upon his brow, throwing off once more his
uncongenial husk—would he not stand forth erect
in all the pride of manhood, the image of his Maker,
one of God's own aristocracy ? ;Would we not be-
hold him on that classic spot where the poetic genius of
his country found him, as the prophetic bard Elijah did
Elisha, at the plough, when he threw the inspiring mantle
o'er him, and bade him sing the loves, the joys, the rural
scenes, and rural pleasures of his native soil, and in his
native tongue. Would we not look with reverence on the
poet who sang his native "wood notes wild," with a power
and a pathos never surpassed—probably never equalled ?
Would we not call to our remembrance much that he has
said and sung; and, gathering inspiration, would we not
think of the poet who, in glowing but truthful language,
pourtrayed so faithfully that touching picture of a humble
Scottish fireside, where sat the old man, with " lyart haffeta
wearing thin and bare," in the midst of his family, offering
up thanks for daily mercies and for daily bread ?--of the
poet who, with one stroke of his magic pen, stript off from
the gem its superfluous drop, and revealed it in all its simple
purity, when he said—

" The power incensed, the pageant will desist,
The pompous strain and sacerdotal stole ;
But haply in some cottage, far apart,
Will hear, well pleased, the language of the heart,
And in His book of life the inmates there enrol."
Think of the man who, teeming with fervid nationality,
said that "the story of William Wallace poured a Scottish
prejudice into my veins, which shall boil along there until
the flood-gates of life shall shut in eternal rest ; or when,
as a humble reaper, toiling for a scanty pittance under the
heat of the noonday sun, he suddenly saw before him the
hardy emblem of our country. With • the same veneration
with which Mungo Park gazed upon the little Bowan in
the desert, so did he gaze on the
"Rough burred thistle, speading wide
Amang the bearded bear,
He turned his weeder clips aside,
And spared the eymbol dear."
Think of his exquisite sensibility and deep-rooted affection,
when, in thrilling words that burn, he depicts his taking
his last farewell of his " ain dear Highland Mary," on that
spot where

" Too, too soon the glowing west
Proclaimed the speed of winged day."
on that spot where he gave her as a parting gift, that sacred
relic, the little Bible, now contains a lock of her hair, mur-
muring in bitter anguish, while thinking of his early love
in Heaven,
4, Still o'er those scenes fond memory dwells,
And fondly broods with miser care,
Time but the impression stronger makes,
As streams the deeper channel wear."

Think of the innate nobility, and glorious independence of
the man who wrote the memorable words,—
" A king can make a belted knight,
A marquis, duke, and a' that,
But an honest man's aboon his might,
Gudo faith he canna fa' that,
For a' that, and a' that,
Their dignity and a' that,
The rank is but the guinea stamp,
The man's the gowd for a' that."

Think of the ardent patriotism of the man who wrote that •
spirit-stirring address—
" Scots wha hae wi' Wallace bled."
But I fear I tire you with quotations. The patriotic spirit
which Burns breathed was as pure as his own maintain air,
that spirit of his fathers' he had by inheritance ; well did
he preserve it, and hand it down as a rich legacy to pos-
terity. lam certain that, ere we bid farewell to the shade
of the mighty genius, we have ventured to call forth, that
every Scottish heart will join with the patriotic poet in his
prayer for the weal of auld Scotland—
" Oh I thou that poured the patriotic tide
That streamed thro' Wallace's undaunted head," &c.
Gentlemen, many a time and oft have wemet to celebrate the
natal day of Caledonia's favourite minstrel. Once, and once
only, can we meet to commemorate, the centenary of his
birth. Shortly, very shortly, will the unerring hand of
time proclaim that a hundred years have passed' since he
was ushed into existence ; brief though that existence was,
he has left behind him an imperishable name—another
hundred years will float rapidly down the stream of time—
century will succeed century—generation after generation
will pass away—all the monuments that have been erected
to his memory will pass away, and be scattered to the four
winds of heaven ; but his name shall live to undying ages
—he will live long after the language he has written in shall
have ceased to be spoken—it shall live so long as pure
loyalty, honest worth, manly independence, and heaven-
born genius as holding any sway among the nations of
the earth ? Drink to his memory then, not in sorrow or in
sadness, but in all the plenitude of joy. Let there be no
wail of the coronach, but let there be a song of triumph