The Sun.
London, England, 1859-02-19 00:00:00

THE SUN, LONDON, SATURDAY EVENING, FEBRUARY 19, 1859.

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PURSUANT to a Decree of the High Court of
Chancery, made in a cause "WORN against SHALE,"
the creditors of. JAMES SMALE, the elder, late of Wood-
side, in the parish of Croydon, in the county Of Surrey, farmer,
who died in• or about the month of November, 1854 ; also, the
creditors Of JAMES SMALE, the younger,' late of the same
place, farmer; son of the said James Smale*, the elder, who
died in or about the month of February, 1856 ; are, by their
solicitors, on or before the 11th day of :Marctt; 1859, to
come- in and prove their claims at the chambers of the Vice-
Chancellor Kindersley, at No. 3, Stolle-buildings, Lin-
coln's-inn, Middlesex, or, in default thereof, they will be
peremptorily excluded from the benefit of the said Decree.
Wednesday, the 16th day of March, 1850, at one o'clock in the
afternoon, at the said chambers, is appointed for hearing and
adjudicating upon the claims.
Dated this 7th day of February, 1859.
CHAS. PUGH, Chief Clerk.
MASTERMAN and UPFILL, 15, Clifford's-inn,
Plaintiff's Solicitors.

FROM TILE GAZETTE OF LAST NIGHT

ST. JAMES'S PALACE, FEB. 16.
The Queen has been pleased to appoint Lieut.-Colonel
John Home Purves to be one of the Grooms of the Privy
Chamber in Ordinary to her Majesty, in the room of Rear-
Admiral Courtenay Edmund William Boyle, deceased.
WHITEHALL, FEB. 16.
The Queen has been pleased to grant unto the Hon.
and Rev. Charles Leslie Courtenay, M.A., the place and
dignity of a Canon of her Majesty's Free Chapel of Saint
George, in her Majesty's Castle of 'Windsor, void by the
death of the Rev. Charles Proby.
FOREIGN-OFFICE, FEB. 16.
The Queen has been pleased to approve of Mr. Binny
Scott as Consul in the Island of Ceylon for his Majesty the
King of Sweden and Norway.
DOWNING-STREET, FEB. 16.
The Queen has been pleased to appoint Hector Zimelli,
Esq., to be Superintendent of Police; Ferdinand° Vin-
cenzo Inglott, Esq.; to be Comptroller of the Charitable
Institutions ; Giovanni Vella, Esq., to be Collector of Land
Revenue ; Guiseppe Montanaro Esq., to be Cashier of the
Local Treasury; and Giovanni' Battista Trapani, Esq., to
be Assistant in the Chief Secretary's Office and Clerk to
the Council for the Island of Malta.
Her Majesty has also been pleased to appoint Eldred
Mowbray Cole, Esq., to be Auditor-General for the Colony
of the Cape of Good Hope.
CROWN-OFFICE, FEB. 16.
MEMBERS RETURNED TO SERVE IN THE PRESENT
PARLIAMENT.
Town and Port of Hythe—Mayer Amschel de Roths-
child, commonly called the Baron Mayer Amschel de
Rothschild, in the room of Sir John Wm. Ramsden, Bart.,
who has accepted the office of Steward of her Majesty's
Chiltern Hundreds.
Borough of Greenwich—David Salomons, Esq., 71 Great
Cumberland-place, Hyde-park, one of the Aldermen of the
city of London.
BOARD OF TRADE, WHITEHALL, FEB. 17.
The Right Honourable the Lords of the Committee of
Privy Council for Trade and Plantations have received
through the Secretary of State for Foreign Affairs, a copy of
a despatch from her Majesty's Minister at Lisbon, reporting
that the Portuguese Government has entered into a
contract with the Mercantile Union Company
for a steam packet to leave Lisbon on the 12th of
every month for the ports of St. Michael, Terceira, St.
George, and Fayal, and on the sth of every month for the
ports of St. Jago, St. Thomas, Ambriz, Coanda, Benguella,
and Mossamedes.
The Right Honourable the Lords of the Committee of
Privy Council for Trade and Plantations have received,
through the Secretary of State for the Colonies, an
extract from a Despatch from the Governor of British
Colombia, stating that the Port of Victoria, in Vancouver's
Island, is declared the port of entry for British Colombia,
until arrangements have been made to collect duties at
some point on Fraser's. River.
•
WHITEHALL, FEB. 12.
The Lord Chancellor has appointed Josiah Merrils, of
Epworth, in the county of Lincoln, Gentleman, to be a Com-
missioner to administer oaths in the High Court of Chan-
cery in England, under the Act of Parliament passed for
the relief of her Majesty's subjects professing the Jewish
religion.

WAR-OFFICE, PALL-MALL FEB. 18.
6th Regiment of Dragoon Guards—Captain Arthur Cooper,
from the 6th Foot, to bo Captain,. paying the difference
between infantry and cavalry, vice Stillman, who ex-
changes, receiving the same.
2d Dragoon Guards—Cornet John Grieve to be Adjutant,
vice Lieutenant Moodie, who resigns the Adjutancy
only.
4th Light Dragoons—Cornet Russell England to be Lieu-
tenant, by purchase, vice Simpson, who retires.
9th Light Dragoons—Lieutenant Robert Mills to be Cap-
tain, without purcnase, vice Brevet-Major Hamilton,
deceased ; Cornet William Napier Carleton to be Lieu-
tenant, Nice Mills.
10th Light Dragoons—Cornet Thomas Shirley Ball to be
Lieutenant, by purchase, vice Wynniatt, who has re-
tired ; Welfrid Brougham, Gent., to be Cornet, by pur-
chase, vice Vandeleur' promoted.
Military Train—Cornet Charles Williams, from the 2d
Dragoons, to be Lieutenant, by purchase, vice Cater,
promoted.
Grenadier ,Guards—Major and Brevet-Colonel Charles
Algernon Lewis to be Lieutenant-Colonel, without pur-
chase, vice Brevet-Colonel Charles W. Ridley, C. 8.,
promoted to the rank of Slajor-General ; Captain and
Lieutenant-Colonel and Brevet-Colonel John Arthur

Lambert to be Major, ^ without purchase, vice Lewis ;
Lieutenant and Captain Sidney Bullard to be Captain
and Lieutenant-Colonel, without purchase, vice Lambert.
Scots Fusilier Guards—Ensign and Lieutenant Henry 1).
Erskine to be Lieutenant and Captain, without purchase,

vice Scott, deceased.
2d Regiment of Foot—Cornet George Herbert Woodard,
from the Ist Dragoons, to be Ensign, vice Stokes, pro-

,
moted. - _ _
4th Foot—Assistant-Surgeon Joseph Vavasour Lane, from
the Staff, to be Assistant-Surgeon.
6th Foot—Captain James Stillman, from the 6th Dragoon
Guards, to be Captain, vice Cooper, who exchanges.
9th Foot—Surgeon James Carroll, M. 8., from the Staff, to
be Surgeon, vice Thornton, who exchanges.
11th Foot—Assistant-Surgeon Wilton Everet, from the
Staff, to be Assistant-Surgeon.
17th Foot—Surgeon James Edmund Clutterbuck, M.D.,
from the Staff, to be Surgeon. To be Assistant-Surgeons
—Assistant-Surgeon Alexander Allan, M.D., from the
,Staff, vice Bone, promoted to the Staff; Assistant-Sux-
geon Wm. Chalmers, from the Staff.
18th Foot—Surgeon George Wm. Peake, M.D., from the
Staff, to be Surgeon.
21st Foot—Ensign John Blaksley to be Instructor of Mus-
ketry; Surgeon Thomas Llewellyn Nash, M.D., from
the Staff, to be Surgeon.
24th Foot—Surgeon James Lewis Holloway, from the
Staff, to be Surgeon.
25th Foot--Assist.-Surgeon Edward Parks Gamble has
been permitted to resign his commission.
29th Foot—Ensign William Boycott, to be Instructor of
Musketry.
36th Foot—Lieut. F. W. Harris to be Captain, by pur-
chase, vice Rainsford, who retires ; Ensign the Hon. C.
J. F. Powys to be Lieutenant, by purchase, vice Harris.
40th Foot—Ensign Dennis Jackson to be Lieutenant, by
• purchase, vice Buckle, promoted.
44th Foot—Ensiqn A. R. Trimmer to be Lieutenant, with-
out purchase, vice Ingham, promoted.
60th Foot—Assistant-Surgeon A. C. M'Tavish, from th•
Staff, to be Assistant-Surgeon.
66th Foot —Captain W. T. Gordon to be Major, without
purchase, vice Davenport, deceased; Lieut. E. J. Storey
to be Captain without purchase, vice Gordon ; Ensign J.
H. Marion to be Lieutenant, without purchase, vice
Storey.
67th Foot—George G. C. H. Holmes, Gent., to be Ensign,
by purchase, vice Creyke, promoted.
68th Foot—Major Henry Harpur Greer to be Lieutenant-
Colonel, by purchase, vice Blount, who retires; Brevet-
Major Frederick Stuckley Savage to be Major, by pur-
chase, vice Greer.
82d Foot—Captain Patrick Hunter, from the 96th Foot, to
be Captain, vice Barron, who exchanges.
87th Foot— Captain Robert Gibson, from half-pay Un-
attached, to be Captain, vice Fane, promoted, without
purchase, to an Unattached majority.
94th Foot—Captain James Buchanan has been permitted
to retire from the Service by the sale of his Commission.
96th Foot—Captain William Barron, from the 82d Foot,
to be Captain, vice Hunter, who exchanges.
Royal Newfoundland Companies—Captain Thomas Han-
rahan, from half-pay Unattached, to be Captain, vice
Brevet-Major MacGregor, who exchanges.
STAFF. -

William Mansergh Alna,Eici.; to be Paymaster of De.
tachments at the Gambia.
UNATTACHED.

Brevet-Major John Forster, from the 6th Dragoon
Guards, to be Major, by purchase.
Captain Francis Fane, from the 87th Foot, to be Major,
without purchase.
Lieutenant Baker Creed Russell, from the 6th Dragoon
Guards, to be Captain, by purchase.
Lieutenant Robert Gibson, from the 87th Foot, to be
Captain, without purchase.
HOSPITAL STAFF.
Inspector-General Daniel Scott, M.D., from half-pay, to
be Ins7ector•General of Hospitals.
Surgeon Robert Thornton, from the 9th Foot, to be Sur-
geon, vice Carroll, who exchanges.
BREVET.

Brevet-Major John Cox Gawler, 73d Foot, to be Lieu-
tenant-Colonel in the Army.
The undermentioned promotions to take place, consequent
on the decease of Lieutenant-General James Claud

Bourchier, K.C., Colonel of the 3d Dragoen Guards, on
the 12th February, 1859,
Major-General Sir Charles Yorke, K.C.8., Colonel of
the 33d Regiment, to be Lieutenant-General.
Brevet-ColoneL C. W. Ridley, C. 8., of the Grenadier
Guards, to Be Major-General.
Brevet-Lieutenant-Colonel John Gray, Captain on half-
pay unattached,. to be Colonel.
Major-Henry James Day; of the 99th Foot, to be Lieut-.
Colonel.
_ _ _

Cant. Thos. Smith, half-pay Unattached, Staff-Officer oi
Pensioners) to be Major.

MEMORANDA.

Brevot-Lieutenant-Colonel - Frederick J. Phillott has
been permitted to retire from the Service by the
sale of an unattached majority, for the purpose of becoming
a settler in Canada. _ '

Captain Frederick Gordon Steward, upon half-pay of the
59th Foot, has been permitted to retire from the service by
the sale of his commission, for the purpose of becoming a
settler in New Zealand.
COMMISSIONS BY LORDS LIEUTENANT.

County of Kent—Sir Richard Tufton, Bart., to be De-
puty Lieutenant.
Kent Militia Regiment of Artillery—Thomas Farmer
Bailey, Gent., to be Second Lieutenant, vice Bartram, pro-
moted.

Montgomeryshire—The Hon. Sudely Charles George
'Handel Tracey to be Deputy Lieutenant ; Richard Long,
Esq., to be Deputy Lieutenant.
3d Regiment (Light. Infantry) of West Yak Militia
Thomas Wm. Kinder, Esq., to be Captain, vice John C.
Flood, removed from the strength of the rep ment ; Robert
Henry MacLoghlin, Gent., to be Ensign, vice Henry Pyne
Hiffernan, whose commission has been cancelled.
MEmolt,ANDA.—West York Rifle Regiment of Militia—
The commission of Ensign Thomas Leonird Hill has been
cancelled.

sth Regiment of West York Militia—Her Majesty has
been pleased to accept the resignation of the Commission
held by Ensign Edward Whitacre Davies.

- BANKRUPTS. ,
Richard Henry Longstaff, draper-, Bfewer-street, Somer's
Town, to surrender FelY. 25, at half-past eleven, and April
1, at eleven, at the Court of Bankruptcy.
Edward Hewitt, corn-factor, late of Chatham, March 2,
at half-past one, and April 4, at eleven, at the Court of
Bankruptcy.
Joshua Scott, cloth manufacturer, Thaelley, Yorkshire,
March 8 and 29, at eleven, at the Leeds District Court.
_ _

William Williams, groCer' Newport, Monmouthshire,
March 1 and 29, at eleven, at the Bristol District Court.
Joseph Gibbons Vickers, licensed victualler, Liverpool,
.March 3 and 24, at eleven, at the Liverpool District Court.
William Henry Newton, builder, Stratford, Feb. 26, at
eleven, and March 24, at one, at the Court of Bankruptcy.
Samuel Dawson, worsted manufacturer, Wakefield,
March 3, and 25, at eleven, at the Leeds District Court.
Thomas Coulson Taylor, house decorator, Conduit-street,
Hanover-square, March 1, at one, and March 29, at twelve,
at the Court of Bankruptcy.
William Bould, boot maker, Wolverhampton, March 3
and 24, at eleven, at the Birmingham District Court.
James Purssell, confectioner, Cornhill, and Herne-hill,
Surrey, March 3at two, and April 1 at one, at the Court
of Bankruptcy.
John Langdale, innkeeper aid butcher, Brompton,
Yorkshire, March 8, at twelve, and April 4, at eleven, at
the Leeds District Court.
Bernhard Polak, foreign importer and dealer, Broad-
street Buildings, March 1, at half-past two, and March 29,
at half-past one, at the Court of Bankruptcy.

LAW I.NTELLIGENCE.—Teb: 18.

COURT OF QUEEN'S BENCH.
(Before Mr. Justiee Erie and a Common Jury.)
WOODS V. JOHNSTONE.-THE ATLANTIC CABLE.

Mr. Edwin James, Q.C., Mr. Hawkins, Q.C.,
and Mr. J. Gray appeared for the plaintiff; and
Mr. M. Chambers, Q.C., and Mr. Barnard for the
defendant.

The plaintiff in this action, Mr. John Woods, is
a young gentleman, and a member of a family that
for 40 years has been intimately connected with
the London daily press. The defendant, Mr. James
Johnstone, is the messenger of the Court of Bank-
ruptcy, and proprietor of the Morning Herald, the
Evening Herald, and Standard newspapers.
As early as at 16 years of age Mr. Woods was
engaged as a reporter upon the Morning Herald,
at first on a sessional engagement, but afterwards
on an annual engagement, and when the paper was
transferred from the hands of the late proprietor,
Mr. Baldwin, to the defendant, Mr. Johnstone, Mr.
Woods retained his position upon the establish-
ment. Thus engaged, in May, 1858, preparations
were made for the laying down of the Atlantic
cable, and it coming to Mr. Woods' ears that the
company had decided upon only allowing two re-
porters to accompany the expedition, that is to say,
one to represent the Times, and the second the
remainder of the London daily preSs, he made pro-
posals to the managers of the Morning Post, the
Daily News, the Morning Advertiser, and the
Morning Chronicle, to be allowed to represent those
several establishments on the occasion of the forth-
coining - expedition. Mr. Woods' proposal was
accepted by- those gentlemen, upon the terms that,
upon the termination of his engagement, he was to
be paid a lump sum for his services, each paper
contributing its quota of the total amount. An
arrangement of this kind was necessary, as it
was impossible to say how long the expedition
would be detained at sea. Having thus agreed,
the plaintiff had an interview with the
manager of the Morning Herald, acquainted
him with the determination of the direc-
tors of the company not to allow more than two re-
porters on board the Agamemnon, and at the same
time with the agreement which the other papers
were willing to come to with him. He further
stated his brother would represent the Times, and
that he (plaintiff) would have a cabin to himself as
one of Sir C. Bright's staff. In answer to the ap-
plication the manager, Mr. Evans, said that before
coming to any determination upon the subject he
must consult with the proprietor of the Herald.
Subsequently Mr. Woods had an interview with
Mr. Evans and Mr. Fowler, the commercial mana-
Wger of the paper, and it was then agreed that Mr.
Woods should go in the Agamemnon as the special
correspondent of the Morning Herald, receiving
nothing beyond his usual salary of two guineas a
week, but with permission to communicate at more
or less length to other newspapers. Accordingly
the following letter was received by the plaintiff,
dated the 12th of May, 1858 :
"My dear Sir,—l have much pleasure in stating
that it has been agreed by the proprietor of the
Morning Herald and Standard newspapers that
you should be authorised to furnish the account of
the laying of the Atlantic cable. Wishing you may
have a pleasant trip, I remain, my dear sir, sincerely
yours, " D. M. EVANS."
Armed, therefore, with this authority, Mr. Woods
proceeded in the first instance on the trial trip to
the Bay of Biscay, and on his return thence sup-
plied to all the papers above specified a narrative of
the proceedings. This was on the 10th of June.
Mr. Woods went out in the Agamemnon on what
is known as the unsuccessful attempt to lay the
cable. The Agamemnon remained at sea more
than a month. Immediately on landing Mr. Woods
forwarded a long account of the attempt to all the
London papers he rep.resented. His report reached
London on the 14th, in time for publication in the
evening papers, and accordingly Mr. Johnstone, the
defendant, did publish it in the Evening .Herald.
The morning papers, therefore, of the 15th, instead
of having recourse to Mr. Woods' copy, as forwarded
to them, extracted the narrative of the unsuccessful
undertaking from the Evening Herald—in
other words, the defendant forestalled the publi-
cation of the report in his evening paper, and it was
therefore useless to the morning journals as origi-
nal matter. Accordingly, on the plaintiff's apply-
ing on his return to London for payment for his
contributions to the Morning Post, the Daily News,
the-Morning Advertiser, and the Morning Chronicle,
all that he succeeded in obtaining was £3O from
the Daily News, and £lolos. from the Advertiser ;
the Morning Post, as well as the Morning Chronicle,
refusing to pay him anything, on the ground that
they were not indebted to Mr. Woods, but to the
Evening Herald, for the report appearing in those
journals. Indeed, the same objection was raised
by the Advertiser, although eventually Mr. Woods'
services were requited by that establishment to
the extent mentioned. It was here that the plain-
tiff's first claim against the defendant arose. The
question was, did the express contract entered into
with the proprietor of the Morning Herald allow
of the defendant publishing the plaintiff's reports
in the first instance in the evening paper. On the
one hand, it was put forward on behalf of the
plaintiff that, considering the small remuneration
which he was to receive from the Herald for the
services to be rendered, it would have been pre-
posterous to expect that he would forego his
chances of gain from the publication of his letters
in the other morning papers, by permitting them
previously to appear in the evening papers. The
undoubted gustom, as recognised by the press, was
that when a notice had previously appeared in any
other paper, a subsequent publisher was entitled to
use it without any cost or remuneration to the con•
tributor. Mr. Evans and Mr. Fowler were both,
it was alleged,.perfectly cognisant of this practice,
and therefore, when they were made aware that
Mr. Woods went out to contribute to other papers,
independently of the Morning Herald—that esta-
blishment thereby effecting a considerable saving
—they must have felt that to publish the plain-
tiffs reports in the first instance in the Evening
Herald was precluding the plaintiff from all
chances of remuneration from the other establish-
ments contracting with them. On the other hand,
the defendant affirmed that Mr. Woods was en-
gaged as the reporter of the Morning Herald,
the Evening Herald, and the Standard newspapers;
that he was bound to report, consequently, for all
three ; that in the interview between the manager
of the defendant and the plaintiff not one word was
said about excluding the Evening Herald from the
benefit of plaintiff's report ; and that, in fact, the
plaintiff offered to undertake the service as a kind
of vacation trip, and for the benefit of his health,
which had been impaired by a recent illness. The
Aqamemnon sailed again on the 16th of July, and
this time the cable was successfully laid. On that
occasion Mr. Woods' brother, the correspondent of
the Times, did not accompany the expedition, but
by an arrangement with the company the plaintiff
undertook to supply the Times with a report of
the proceedings. This undertaking, however, was
given without any authority from the proprietor of
the Herald. The expedition returned to Valentia
on the sth of August, and Mr. Woods forwardedin
'manifold' a narrative of the successful laying down
of the cable to all the papers he had contracted
with. But this time again Mr. Woods' arrange-
ments with the other journals, independently of the
Herald, were forestalled by the publication in the
Evening herald of the llth of August. Mr. Woods
remained in the west of Ireland for the next two
months watching the progress of matters connected
with the establishment of the telegraph, but finally
left Valentia on the Ist day of October. Up to the
time of the second starting of the expedition Mr.
Woods' salary had been regularly drawn ; but from
that date down to the period ofhis return to London
he had been paid nothing by the defendant. At
that time, therefore, some £25 was due to him, and
on calling at the office to receive it the cashier in-
formed him he could not pay any money except by
Mr. Evans' authority. That gentleman's autho-
rity was consequently sought, but at an interview
which took place between the plaintiff, Mr. Evans,
and Mr. Fowler, the plaintiff was informed that
Mr. Johnstone, the defendant, had given orders
to pay no more money to the plaintiff as he
(Johnstone) did not consider Mr. Woods to
have been on the establishment of the Morning
Herald since the 17th of July. The plaintiff's
second demand, therefore, was directed to recover
the sum of £25, alleged to be due to him as his
salary from the 17th of August to the 6th of Oct.,
the date of his formal dismissal from the defen-
dant's employment. With regard to this branch of
the inquiry it was alleged, on the part of the de-
fendant, that as the plaintiff had broken his con-
tract with him first, in not returning to London
after the first expedition and resuming his duties
there ; secondly, in entering into an engagement
to contribute -to the columns of the Times, unau-
thorised by the defendant; thirdly, in sending
'manifold' copy to the Morning Herald, instead of,
as per agreement, sending for the exclusive use of
the journal a long and special report ; and fourthly,
in not contenting -himself with sending short
sketclies to the other -papers ; that for all these