The Sun.
London, England, 1861-02-16 00:00:00

1132 134
1104 106

THE SUN, LONDON, SATURDAY EVENING, FEBRUARY 16, 1861,

LA JV IN7'ELLIGENCE—( This Day.)

IVATIONAL RIFLE ASSOCIATION.

ANNUAL MEETING.-(THIS DAY).

COURT OF CHANCERY.

(Before the Lord Chancellor and Lord Justice Turner.)
APPEAL-MOTION FOR JUDGMENT-RE WARWIC4. AND

WORCESTER RAILWAY COMPANY EX PARTE SARBURY.
This is an appeal from a decision of Vice-Chancellor Sir
Richard T. Kinderaley, retaining Mr. Sarbury's name as
a shareholder on the list of contributories in the winding-
up of this company.
The Lord Chancellor said,—ln this case lam of opinion
that the judgment of the court, according to the opinion
that I have formed, must be in favour of the appellants.
The question is, whether on the 25th of May, 1858, he was
then liable for any part of the shares that he was then
called upon to pay. I cannot doubt that he was not liable,
for he was discharged of all liability to pay any of these
debts, and of all claim against him as a contributor. It
appears to me that by the order of instalments of the Court
in June, 1851, he was discharged of all liability for these
debts. There is no imputation that it was not legal ;if it
was, we must assume they were given up bone fide.
Lord Justice Turner, after delivering his opinion at some
length. came to the same conclusion.
Lord Justice Knight Bruce, in absence, expressed his
entire concurrence in writing.

Le ensuing year.

The Lord Chancellor discharged the order of the Vice-
Chancellor without costs, and removed the appellant's name
from the list of contributors in the winding up of this com-
pany.

APPEAL-LEES V, MASSEY.
At the conclusion of the arguments of counsel in this
case, the Lord Chancellor reserved judgment.

DIVORCE COURT.
:Before Sir C. Cresswell, Mr. Jastice Willes, and Baron
Channell.)

BEGAN, FALSELY CALLED 301%f1110N, V. McMADON.—

EXTRAORDINART` CASE.

This was a suit instituted by the petitioner, who described
herself as Margaret Lee Bevan, for the purpose of setting
aside a marriage solemnized between her and the defen-
dant, on the ground that the license for the said
marriage had been obtained by fraudulent represen-
tation, and kwas, consequently, null and void. The
petitioner was the daughter of a singer who had been
in extensive practice in the neighbourhood of Liverpool,
and the defendant was an omnibus conductor, whose con-
veyance the petitioner was in the habit of using, in conse-
quence of which an intimacy sprung up between them.
According to the statement of the petitioner, under the
influence of some delusion er mental infirmity, she was
induced to consent to a clandestine marriage with the de-
fendant, on the condition that he was not to claim her as
his wife for two years. The marriage took place in a parish
some miles distant from where she resided, and, in order
to ensure secrecy, it was agreed that she should be
described as Margaret Bevan, the name Lee being
omitted, and that he should misdescribe his calling
and their respective places of abode. This constituted the
ground of the petition. It appeared also that the marriage
had not been consummated, and that no intercourse subse-
quent to the performance of the ceremony had taken place
between the parties. These facts were deposed to at the
hearing of the case some weeks back, but a legal doubt sug-
gested itself to the learned Judge Ordinary, as to whether
the statute under which the petitioner sought relief ex-
tended to her case. He observed that a marriage under such
circumstances, if performed by banns, would be illegal, but
there was no precedent to show that a marriage solemnised
by license would be also invalid. He considered the question
so novel and important, that as the defendant did not appear
it should be argued by counsel on the other side, and stated
that he would desire the Queen's proctor to instruct counsel
for that purpose.
Dr. Phillimore, Q.C., appeared this morning on the part
of the Attorney-General to argue in support of the validity
of the marriage. The learned counsel contended that,
according to ecclesiastical law, statute law, and common
law, the canon which related to marriage had reference
to marriages where one or both of the parties were minors,
and had no application whatever to marriages solemnised
wassolemnised in
passed in order to
preventadults.
n theprneTtihe
practice
Aefctmonf 175338 being
prisons, or places that were not used for public worship,
without a special license. Prevision was made by the act
for the punishment, even to the extent of transportation,
in cases where the marriage was procured by fraudulent
representation ; but this also was limited to the case of
minors, and the act did not even vitiate the marriage under
such circumstances.

Sir C. Cresswell—lt goes even further, for it states that
such marriages are lawful.
Dr. Phillimore then proceeded to argue the question at
length, and with great learning and ability citing a num-
ber of precedents in support of his position.
The case was proceeding when we went to press, and is
likely to last the whole day.

POLICE IN7ELLIG.ENCE—(This Day),

MARLBOROUGH STREET.

ROBBERY AT THE PRINCESS'S THEATRE.— Joseph
King, 14, Berner's-mews, a stableman, and James Foster,
errand boy, Pitt-street, Tottenham-court-road, were
charged before Mr. Tyrwbitt with stealing a large piece of
zinc • from the Princess's Theatre, the property of Mr.
Augustus Harris, the lessee, the piece of zing being used
as a covering to the private entrance used by the Royal
Family, in Castle-street, Oxford street.
James Stone, 137, said that about 9 the previous night
he saw the prisoner and another man with the zinc in their
possession. Ha stopped Foster and asked him where he
got it from, and he said from a shop. He then asked King
where he got it from, and he said a labourer gave it him in
Newman-street. The man ran away, but with the assist-
ance of another person he secured the prisoners. He had
since ascertained that the zinc was stolen from the
Princess's Threatre.

._ .►,

King said he had the zinc given him by a labourer, who a
first asked him for some money for it, but afterwards, find-
ing he had none, gave it him.
Richard Evans, of 51, Upper Marylebone-street, proved
stopping King at the request of the constable.
Mr. Samuel Becknell, hall-keeper and general superin-
tendent at the theatre, said the vino was part of the roof of
the entrance used by the members of the Royal Family,
and was made to slide on and off, so as to form a kind of
telescope passage. He did not think the prisoners would
get much for it at the marine store dealers.
Mr. Tyrwhitt said that was very likely, but the marine
store dealer would expect at least 200 per cent, profit.
The prisoners, in answer to the magistrate, pleaded
guilty, and wishing the case settled, were committed for a
month each with hard labour.

The February meeting of the members of the National
Rifle Association was held this day at Willis's rooms. Lord
Herbert of Lea, the Earl of Ripon, Lord Elcho, Sir J.
Burgoyne, and a number of other inflraential noblemen and
gentlemen were present. _ _

The principal business was the receiving the balance
sheet of the income and expenditure of the association for
the last year, and for the election of the retiring officers for

From the statement of receipts and expenditure laid
before the meeting, the receipts were as follows :--Life
subscriptions, £3,300 ss. ; annual subscriptions, £1,183;
special annual donations, £400; special donations, £270;
general donations, £258 13s. 10d. ; donations from volun-
teer corps, £254 Os. 9d. ; entrance fee for shooting, £5135 ;
amount received at Wimbledon, £2,200—making the total
receipts £8,542 9s. Gd. The expenditure amounted to
£7,327 125., showing a balance of £1,114 17s. Gd.
Lord HERBERT, in opening the proceedings, said the
present was one of the two general meetings held according
to :the rules of the association. He need not on that
occasion enter into the objects of the National Rifle Asso-
ciation, because its objects were generally understood by
the public. lie must, however, congratulate the associa-
tion on the improved position it now occupied with that it
assumed on its formation. Anything like a meet-
ing for rifle shooting and the distribution of prizes
was unknown, and it was doubted whether an asso-
ciation with the object furthering that idea would
become a failure or a success. But all now were acquainted
with the success of that meeting at Wimbledon last year,
in which the highest personage in the land took so great
an interest as to actually inaugurate the interesting pro-
ceedings by firing the first shot. (Cheers.) The outlay in
carrying out the necessary arrangements had been great,
but the sum that had been expended had been increased by
the extraordinary wet weather that existed at the time. It
was, however, considered necessary that everything that
was possible to give eclat to that meeting should be done, and
in carrying out that feeling a great inroad had been made
on the donations as well as subscriptions. He hoped in the
coming meeting they would be enabled to secure the use of
Wimbledon-common, because it had become almost classic
ground to them, and was so admirably adapted to rifle -
shooting. In adverting to the future, it was intended
by the association to make an effort to induce
the whole of the county Rifle Associations to
join that of the National Association, and also to use
their utmost efforts to farther the formation of rifle corps
in :the colonies. Already some applications had been
received for arms, and if the movement was general
and successful, he should look upon the colo-
nial volunteers as one of the greatest safeguards
and:attachmentto the mother country. (Cheers.) Donations
for the ensuing year had been made by her Majesty,
the Prince Consort, the Prince of Wales, the Duke of
Wellington, Lord Palmerston, and other eminent person-
ages, which proved the deep interest taken in the movement.
The members of the association at present numbered 1,508
persons, with 328 life members, and although that could
not be considered a large number, yet the association, tak-
ing into consideration the short time of its foundation, did
not stand much behind the Agricultural Association, the
Botanical, or the Zoological Society. He thov.ght the fact
that they were banded together for the purposes of national
defence ought to act as an inducement to persons to join
an association with so loyal and laudable an object. When
he had the honour of being elected president of the
Association, they had but 13 corps of Rifle Volun-
teers, numbering 1,500 men, but now—and it showed
how great and successful had been the movement—they had
a corps for every single man at the period of which
he was speaking of. They had at the present 1,500
corps, the effective strength of whom amounted to
140,000 men. (Cheers.) In order to increase the spirit
for perfection in rifle shooting, the Government intended to
supply ammunition gratis, which doubtless would be con-
sidered as evincing on the part of the committee that
there was no falling of in the estimation in which the great
movement was hold. Although he had not been able to
do so much in assisting the endeavours of the asso-
ciation, it would be one of his most pleasing
recollections that it was during his connection with office
that it a ssumed its greatest dimensions. (Cheers.) His noble
friend near him (Earl Ripon) had been a warm supporter
of the Volunteer movement, and he was sure he must feel
great pride when he contemplated its vast extent. (Cheers.)
For he did not think that anything could be more remark-
able than that a large body of the artisans of Great Britain
should come forward, and, at their own cost, form them-
selves into one of the largest and most important of armed
men, whose only object was the protection of hearth and
home. (Loud cheers.) Though retiring from the office
of president, he should already feel happy to further the
objects of ithe movement in every way within his power.
(Cheers.) He had great pleasure in informing them that
the chair of president for the ensuing year would be filled
by his Royal Highness the Duke of Cambridge. (Cheers.)
Mr. GLEN moved the usual resolution for the reception
of the accounts, which, having been seconded, was carried
unanimously.
The re-election of the vice-president and officers was
then proceeded with.

THE LATE CATASTROPHE AT KINGSTO IP-N-
-SEARCH FOR CAPTAIN BOYD'S BOBY.

The search for the body of this lamented officer
was continued on Wednesday. 'Saunders says:—
" Yesterday from as early hour a diver, brought
specially from Holyhead for the purpose, was en-
gaged in searching for the remains of the late
lamented Capt. Boyd, but it is to be regretted that
the evening closed without the desired object being
attained. A crew of twenty-one men from the Ajax
manned the boat in which the necessary apparatus
was placed, and patiently awaited and acted upon
the signals of the diver, guiding the boat according
to his directions. The search commenced at a
point in front of the Adelaide-steps, and was
slowly but carefully carried on towards the
direction of the point whence Captain Boyd
and his men were wept into the sea. Early in the
forenoon the diver discovered the body of Alexander
Forsythe, one of the sailors of the Ajax, in deep
water, near one of the sunken wrecks ; a spar, or
portion of the wreck, was lying across his breast,
and the body was almost quite unmutilated. It was
conveyed to the stores where the other bodies had
been laid. Intimation was sent to Mr, Harty, county
coroner, but that gentleman wrote to say that he
did not think it necessary to hold an inquest on
view of the body of Forsythe. Hundreds of spec-
tators were to be seen all day yesterday on the
pier and breakwater anxiously awaiting the result
of the diver's operations. It is now thought pro-
bable that the body of Captain Boyd may have
become entangled in the debris of the wreck near
which the body of Forsythe was found, as when
last seen Forsythe was standing quite close to his
commander. A gunboat was sent out early yester-
day, and some shots were fired in hopes that the
concussion might possibly have the efect of
loosening the timbers of the wreck. This, how-
ever, was a vain endeavour ; but it is not un-
likely that if a galvanic battery were applied,
with a sufficient quantity of gunpowder, or some
other exploding machine capable of acting under
water, the debris might be sufficiently broken up to
enable the diver to ascertain whether or not the
object of his search is retained beneath its pres-
sure. The depth of the water is believed to be
about five or six fathoms. His Excellency the Lord
Lieutenant and the Commander of the Forces
have written in the kindest terms, intimat-
ing their readiness to do everything that in
them lies to show honour to the memory
of the respected dead in the event of
the recovery of the body. It is stated also that
the Lords of the Admiralty have written a letter
of sympathy and condolence, to be read to Mrs.
Boyd when her state of mind shall enable her to
receive it, and have promoted her son, who is on his
voyage home from China on board the Inflexible.
At half-past one o'clock the remains of five sailors
were conveyed to Monkstown churchyard. Three
of these had been of the crew of the Ajax, and
two belonged to the unfortunate Neptune. All
the men from on board the Ajax joined the pro-
cession, and hundreds of the townspeople attended
also. The band of the 26th Cameronians performed
the pieces usual on such occasions, and, in short,
the remains of the poor fellows were interred with
military honours. Three out of the five men were
Roman Catholics, whose clergy had performed the
formularies of the Roman Catholic Church prior
to the funeral procession, in which they joined, but
had no service in the churchyard. The burial ser-
vice of the Church of England was read by the
chaplain of the Ajax."
A requisition lies for signature at the Mansion
Rouse, requesting the Lord Mayor to convene a
public meeting in order that the inhabitants of
Dublin may express their sympathy in the fate of
the late Captain Boyd and his brave crew, who
perished in the storm on Saturday, the 9th inst.,
in their efforts to save the lives of the crews of the
ships wrecked at Kingstown that day, and to take
means for erecting a suitable memorial of it. Capt.
Boyd's body has not yet been recovai ed. The sea
was so roush yesterday that the diver could not
continue his search.

The Eastern Counties Railway dividend was
officially announced
.7esterday at the rate of al
2
per
cent. per annum, with tv surplus of about £5,000, against
31 per cent. per annum at the corresponding period
year ; and the South Devon Railway dividend at the rate
of 2 per cent. per annum, against £1 13s. per cent. per an-

num last year.
ust paid a visit of two
General Benedek has j
days to Trieste, to inspect the garrison and fortifications.
He gave a grand banquet there, at which half of the guests
were private soldiers. .A. toast to the Emperor of Austria
was drunk with enthusAsui.