The Sun.
London, England, 1861-06-21 00:00:00

- THE SUN,' LONDON, FRIDAY ;EVENING, JUNE', 21, 1861.

LAW INTELLIGENCE—(2hts Day).

C lo sing
Price.

Paid.

!Business done

HOUSE OF LORDS.

(Peers Pressnt—The Lord Chancellor, Lord Brougham,
Lord Cranworth, Lord Wensleydale, Lord Chelmsford,

and other Peers.
APPEAL..--THE MAGISTRATES AND TOWN COUNCIL OF
DUNDEE V. THE PRESBYTERY OF DUNDEE.

The further hearing of this appeal was resumed this
morning.

This was an appeal from a decision of the Second Divi-
sion of the Court of Session, in favour of the Presbytery of
Dundee, involving the question whether certain charitable
hospital funds ought to be applied for the purpose of in-
creasing the income of the Established Church in Dundee,
or for the relief of the poor.

• The Attorney-General resumed his argument for the
appellant. He referred to the decided case of the city
clergy of Edinburgh in December, 1810, also to the crown
charter to the city of Edinburgh, which was in similar
terms to the charter to the town of Dundee, to show that
the appellants were not bound to apply the trust funds to
increase the stipends of the clergy—that they were entitled
to apply these funds for relief of the poor and other ben&
volent purposes ; and, after refers ing to several old grants,
from 1501 downwards, and to the contract or agreement
between the Magistrates and Presbytery to increase the
stipend of the clergy of Dundee, maintained that the in-
crease of the stipend was paid out of the common good
of the burgh, and not out of the hospital
funds. The learned counsel then read the seve-
ral entries in the books of the burgh to show that the
augmentation or increase of the stipends was paid out of
the common good of the burgh and not out of the funds of
the hospital. The learned counsel observed that for cen-
turies the ministers of the burgh were paid their stipends
out of the funds of the burgh, that they acquiesed in that
payment, and never made the claim they now make on the
hospital funds, which are applied for the relief of the poor
and decayed burgesses of the burgh, and eleemosynary pur-
poses, and in conclusion asked for a reversal of the decision
of the court below.

[The case was proceeding when we went to press.]

DIVORCE COURT.
(Before Sir C. Cresswell and a Common Jury.)
McGREGOR V. WGREGOR AND ANDERSON AND M'HENRY,
_ _ _

In this case the husband prayed for a dissolution of mar-
riage, on the ground of his wife's adultery with both co-
respondents, and lie claimed damages against the latter, wl,O
denied the adultery, and also pleaded that the petitioner
and the respondent had not been married. The other re-
spondent did not appear.

From the opening statement of counsel it appeared that
the petitioner was a solicitor, who had been in practice in
Australia, and returned to this country in 1858, when he
formed the acquaintance of Colonel Poole, who was the
father of the petitioner, and was then at Cheltenham. He
became attached to the young lady, and she reciprocated
his affection; and though the parents at first consented to
the union they afterwards opposed it on the ground of dis-
parity of years, the petitioner being much older than Miss
Poole, who was stated to be about 17 years of age, while he
was between 30 and 40. However, the parties eloped, and
were married at Walcott, near Bath. They remained for some
time at Clifton, and then wenton the continent, but ultimately
returned to England, and took up their residence at Clifton.
The parents became reconciled to the respondent, and she
went to live with them when her husband went back to
Australia, being unable to accompany him, as she was
enciente. While under her father's protection, she had
attracted the attention of Captain M'Henry, who was an
officer in an infantry regiment stationed in the
neighbourhood. He persecuted her with his atten-
tions, notwithstanding the remonstrance of the mother,
and ascertaining that she was about to be sent on a
visit to London to her friends in order to avoid him, he suc-
ceeded in accompanying her in the same train, and in
inducing her to go back with him to an hotel in London,
where they slept together that night. She had a miscar-
riage some time afterwards, but when her health was suffi-
ciently restored, she joined her husband in Australia.
However, he discovered a correspondence between her and
Captain M'Henry which satisfied him as to their crimi-
nality. He sent her back to England, and on her voyage
the intercourse took place between her and the other re-
spondent, who was the captain of the vessel in which she
sailed.

MARLBOROUGH-STREET.

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS—(THIS DAT.)
The SPEAKER took the chair at twelve o'clock.
PRIVATE BUSINESS.

The Birmingham Improvement Bill and the Great
Southern and Western of Ireland (capital) Bill were read a
third time and passed.

Several other private bills were advanced a stage.
THE HARBOURS BILL—RAMSGATE.

On the house going into committee on this bill,
Mr. M. GIBSON said it would be convenient if he were
to make a short statement with respect to Ramsgate har-
bour. Nothing could be further from the intentions of the
Government than proceeding with any steps relative to
Ramsgate harbour under the provisions of this bill ; he
was therefore perfectly willing to agree to the omission of
all portions of the bill touching tliat harbour. (Hear, hear.)
When it was proposed to seek any power to deal
with the harbour the parties would have to come openly
and freely to Parliament, and he could assure the house
that there would be no anticipation of a decision of Parlia-
ment by her Majesty's Government. (Hear, hear.)
The house then went into committee.
On clause 7,

Mr. MILLER moved to add t) the clause the following
words :—" With the exception of the said dues leviable by
the Trinity Corporation at the port of Leith, where such
dues shall cease to be levied as sown as provision shall have
been made by sufficient accumulated funds for all annuities,
pensions, and obligations which have been lawfully granted,
or in which a vested interest, absolute or contingent, has
been lawfully created before the loth day of March, 1861."
The hon.gentleman stated that such great objectionhad been
felt at the manner in which the Trinity Corporation dis.
posed of its funds that the people of Leith resisted the pay-
ment of the tax by force. The result was that the corpora-
tion was obliged to procure an Act of Parliament, which
was granted them for 20 years. The period happened to
expire about this time ; the community of Leith were
anxious that their case should be an exception to the gene-
ral arrangement which the Board of Trade had made with
the Trinity Corporation. The clause was drawn up on
liberal terms, and he hoped it would be agreed to.
Mr. GIBSON resisted the proposal, which, after a short
discussion, was withdrawn.
The clause was agreed to.
Clauses 8 and 9 were also agreed to.
LIMIT SITTING.]

POLICE IIVTELLIGENCE.—( This Day.)

SINGULAR RESULT OF A CASE.—TWO ASSAULTS BY A
SOLDlER.—Charles Stanley, a private in the Oxford Blues,
Albany-street Barracks, Regent's-park, was charged before
Mr. Yardley with assaulting Mr. William Thompson, of
the Black Horse, Haymarket, and also with assaulting a
person named John Warmington, who went to the assistance
of Mr. Thompson.

Warrington was not in attendance, it being stated that
he was too unwell to appear.
Mr. Thompson said—At one this morning I saw the
prisoner drink something from a pewter measure, it having
been served him by my barman. I told the prisoner to
finish it and leave, as I had had enough of him six months
ago, when he (prisoner) thrashed him with a stick. At the time
there were others in the prisoner's company, consisting of Life
Guards and Oxford Blues. I refused to serve the prisoner
with any more to drink, when he said, " Why won't you
serve me ? I've got money." I again refused, and the
prisoner spat in my face, and, on my going round the
counter with the intention of putting him out, he seized me
by the throat. Warmington said, "Don't choke the landlord,"
and the prisoner and others got hold of Warrington and
held him across a tub—one of the Life Guardsmen at the
time having his jacket off. I then got out and went for the
police, and gave the prisoner into custady. Warmington's
face was dreadfully bruised, and his leg also.
Mr. Yardley—Where is Warmington ?

Mr. Thompson—He is not here, and I think he is too
unwell this morniag to attend. He went home with me
after going to the station to enter the charge, and ho then
complained of his leg. I gave him some brandy, and he
left to gu home.

Prisoner—What the landlord says is not true. The land•
lord struck me first.