The Sun.
London, England, 1861-05-09 00:00:00

THE SUN, LONDON, THURSDAY EVENING MAY 9, 1861.

more, to be on an equitlity with our neighbours in
this matter in less than two years. The excuse of
the Admiralty is that they must wait till they have
tried the Warrior and Black Prince. But how can
the real efficiency of these ships ever be tested, ex-
cept by actual warfare ? In all else they are known,
as far as our present knowledge of such matters
goes, to be as near perfection as they well can be.
No doubt future vessels will be built a thousand
tons larger, to enable them to carry armour plates
from end to end, and 500 tons more coal. Beyond
this slight development of principle, even the pri-
vate builders can suggest no improvement, yet the
Admiralty still wait and wait, and lose their pre-
sent and only opportunity day by day. Our navy
may really be said to possess only two efficient iron
frigates, for the Resistance and the Defence were a
compromise. The expense of vessels like the War-
rior was thought too great, and so, as the Admi-
ralty wanted to have more to show for their money,
they determined on building two cheap and ineffi-
cient vessels instead of one good and dear one. Then
the Warrior and Black Prince are never to be used
as steam rams, though they will have great speed,
while the two steam rams are so deficient on this
vital point that it is said they will not be able to
run down a sand barge if they have first to over-
take her. In all we have actually four iron ships
launched, two frigates and two steam rams, with
two more building, which are neither one thing nor
the other. So completely does the prestige of
success in this class of shipbuilding now attach
to France, that the Russians are having
two large icon frigates built there. So also
are two building for the King of Italy and
two for Spain. The latter Power is also having a
sister ship to the Ariadne built in England, and like-
wise a sister vessel to our Orlando. The Achilles,
which it is always said is about to be commenced at
Chatham, has been put off so often that even the
two new vessels just ordered at Glasgow and Mill-
wall are likely to be afloat before she is well begun.

THE ITALIAN PARLIAMENT.

TURIN, MAT 4.

At the opening of yesterday's sitting the House
of Deputies discussed and voted a bill for very con-
siderable improvements to the port of Ancona, a
commercial and naval establishment long neglected
by the Pontifical Government, and which Count
Cavour intends to raise to a harbour of the very
first magnitude. The Minister of Public Works,
Peruzzi, next proceeded to give a plan of the great
railway enterprises which are now in contemplation
for the whole kingdom of Italy and entered into
some important statements which cannot, I should
think, be destitute of interest for English readers.
That portion of Italy which already acknowledges
the sway of King Victor Emmanuel IL, the Minis-
ter stated, will, in the event of the bills now in
preparation meeting the approval of the Chamber,
have 1,779 kilometres of railway lines in operation
(the kilometre to be computed two-thirds of an
English mile), 1,704 kilometres in progress of con-
struction, and 2,650 to be given out for private
speculation. By adding to this the lines either in
operation or in progress of construction in the
Venetian and Roman, or present Pontifical, pro-
vinces, the whole of the Italian railway lines will
rise to 6,800 kilometres.
Of these the old State of Sardinia has already 850
kilometres in operation, and 382 in progress of con-
struction ; Lombardy, 247 in operation, and 209 in
progress; the !Emilia, the Marches, and Umbria,
145 in operation and 561 in construction ; with
plans for 313 kilometres open for competition ;
Tuscany has lines in work to the amount of 375
kilometres, and is at work for 436 more, besides 39
kilometres in contemplation. At Naples the lines
in work are only 142 kilometres, those in progress
96, and the projected lines 1,900 kilometres. The
lines projected for Sicily, where as yet no railway
exists, amount to 400 kilometres.

If we recollect that the first 41 miles of railway
in the old State of Piedmont were only opened in
August, 1848, when Lombardy and Tuscany
already boasted considerable achievements, and
when even Naples had its Royal line from the
capital to Castellamare, we shall have good reason
to congratulate the Subalpine people on the good
uses to which they have already put the twelve
years' freedom they had the good fortune to enjoy,
and to anticipate no less splendid results for the
future in behalf of their brethren of the east
and south, whom recent events have, it is to
be hoped, for ever associated to their destinies.
Thanks to the good effects of free institutions that
Piedmont, which came latest in the race, has so
wonderfully been enabled to outstrip all its neigh-
bours. The works under immediate contemplation,
the Ministers continued, will give as a result the
opening of 550 kilometres new railway lines within
the present year, and 1,500 more within another
year, altogether 2,000 kilometres within the space
of two years, leaving 4,300 kilometres for the com-
pletion of all the contemplated lines. The shortest
line between Turin and Rome, along shore by
Genoa, Leghorn, and Civita Vecchia, would be 666
kilometres; a journey of 18 or 20 hours. Between
Turin and Naples the shortest route is through
Bologna and Ancona, across the Abruzzi, a distance
of about 800 kilometres, to be achieved in about 24
hours' journey. From Turin to Brindisi the line
would extend to 900 kilometres ; to Taranto, 863;
to Otranto, 972 ; to Reggio, the extreme point of
the peninsula, about 1,300 kilometres ; to which
may be added the 50 kilometres between Susa and
Turin, already long since in operation.
The shortest lines, however, will not in every in-
stance be the first brought to a termination, owing
to natural difficulties, which must needs retard their
construction. The line from Turin to Naples, through
Bologna, Ancona, Foggio, and Bari, will be about
950 kilometres in length, exceeding by 50 kilometres
the other line, which is to go through the Abruzzi ;
but with the exception of the hills surrounding An-
cona and the pass of the Apennines, it runs along
shore, and mostly on level ground, so that the
Minister thinks it will be greatly advanced within
the present year, and brought to a full termination
within 1863.
t'
In the same manner the road to Rome through
Genoa and Leghorn will meet serious obstacles on
the Riviera of Genoa, while the other, somewhat
longer (715 kilometres), through Bologna, Pistoia,
Florence, Chiusi, and Orte (the junction with the
line between Rome and Ancona), will be finished
first. The Apennine pass of La Porretta, between
Bologna and Florence, will, agreeably to the
Minister's statement, be ready within two years,
and so will the whole line, which is rapidly pro-
gressing throughout, with the exception of the
trunk between Orte and Rome (150 kilometres), for
which Italy must await the Pope's or the French
Emperor's good pleasure.
Most of these lines, as I said at the outset, are of
the greatest importance, not only for the Italians
and strangers travelling in Italy, but also as a
means of rapid communication between distant
countries. From London to Alexandria in Egypt,
the Minister stated, the distance now, either through
Marseilles or Genoa, is 188 hours' journey. It will
be reduced to 155 hours with an economy of 30
hours' time as soon as the line to Ancona is opened,
as it will be before the end of the present year. This
advantage wilt be greatly increased when the lines
shall be extended as far as Brindisi and Otranto, as
it can easily be done within two years.
Such are the first fruits Europe will reap from
the resolution it has now almost unanimously ar-
rived at to admit Italy into the sisterhood of free,
independent, united, and civilised nations, and to
allow and sanction the downfall of those narrow-
minded Governments which were as dead an ob-
struction to the material well-being and progress
of the country as to the intellectual and moral im-
provement of the people.
In to-day's sitting the Lower House discussed the
bill for appointing the first Sunday in June for the
celebration throughout the kingdom of a national
fete, to supersede the festa dello statute, the cele-
bration of which, as you know, occurred in the old
State of Sardinia on the second Sunday in May.
This bill met with rather a formidable opposi-
tion from the Deputy Chiaves, who argued that it
was inexpedient to celebrate the rise of Italian
nationality, a fact as yet incomplete, since the
emancipation of Venice and Rome was indefinitely
put off; that it was absurd to appoint a day
to which no national association was attached—
a moveable feast in the early days in June,
which brought round no important anniversary.
He observed that at the period of the year
chosen for the solemnity some parts of Italy were
already exceedingly hot, and Rome, the chosen
capital, unhealthy; that the objection raised to
early May as a rainy season, which had often in-
terfered with the; pastimes of the old Piedmontese
Constitution-day, might equally militate against
any
fromtime of the
ayneyar, as no clay in the year in the
Italian climate could' be pronounced as altogether
safe
morew than
taken to secure a fine sunshine for the famous
Eglinton Tournament were
o of
allan
any
the
avprecautionsail against
the fickleness of a North British
Finally, he objected that, with the devout tenden-
cies of the Italian
al st
atmosphere.
people, a solemnity in which the
clergy were free to take part or not as they listed
(agreeablysolicits nor demands the co-operation of the clergy),
lergy to the tenonr of the law, which neither
would never be regarded as a real fete by the
The discudiscussiongave rise to several witty passes !,
ignorant classes.

at arms between Chiaves and other orators respect-
ing the perverseness of tho weather always con-
spiring with the priests to mar popular festivities,
but the bill passed in the end by a majority of 215
against 20; the Minister, Minghetti, upon the mo-
tion of a deputy, engaged that the fete should be
limited to one day only, so far as the Government
and the municipal authorities had any part in it,
lest the law might seem to encourage the lazy and
frivolous propensities encouraged among the Ita-
lians by so many years of political and religious
misrule.

LAW IA TELLIGE2CE.—May 8.

COURT OF PROBATE AND DIVORCE.
(Before Sir C. Cresswell.)
DRUMMOND, COMMONLY CALLED VISCOUNTESS
FORTH, V. DRUMMOND, COMMONLY CALLED VIS-
COUNT FORTH. _

This was the petition of the wife for a dissolution
of marriage on the ground of the cruelty and adul-
tery of her husband, who is son of the Earl of Perth,
and the respondent entered no appearance.
The case came before the Judge Ordinary on the
17th ult., but previously some circumstances came
to the knowledge of the Queen's proctor, which
satisfied him that there was collusion between the
parties in order to obtain the divorce originally ap-
plied for, and according to the provisions of the
statute of last year relating to this court, he, with
the consent of the learned judge, pleaded that col-
lusion as a bar to the relief for which the petitioner
prayed. On the day of the hearing, counsel for the
petitioner stated that his client could not fully
establish the allegation of adultery against the re-
spondent. She abandoned her prayer for a disso-
lution of marriage, and limited her application to a
judicial separation. The case was proceeded with,
and conclusive evidence was adduced to establish
the cruelty, but in the course of the cross-examina-
tion of the mother of the petitioner it was proved
that the latter had committed adultery with a gen-
tleman named Deering subsequent to the filing of
the petition, and that she was living at present in
a state of adultery. The legal question involved
was, whether under these circumstances the peti-
tioner was entitled to a judicial separation, from
which she would be debarred had she adhered to
her original application for aissolution of marriage,
and the case stood over for argument on this point.
Mr. Macaulay, Q.C., and Mr. Markham appeared
for the petitioner, and the Attorney-General, Mr.
Sergeant Pigott, and Dr. Spinks in support of the
plea of collusion.
Mr. Macaulay opened the case this morning,
and having recapitulated the leading facts, and
repeated the arguments he had used at the
hearing showed that the Queen's Proctor was
not entitled to intervene to prove collusion when
the petitioner applied merely for a judicial
separation. In conducting the case he had most
carefully avoided offering proof tending to establish
the charge of adultery against the respondent,
which had been abandoned, and therefore the peti-
tion was really tor a judicial separation on the
ground of cruelty which had been proved. The
reason why the prayer for dissolution of marriage
was abandoned was, not that any collusion could be
shown between the parties, but in order to prevent
the disc!osure of the circumstance that his client
had eloped with a gentleman, with whom she was
living in adultery. However, the fact was elicited
in a cross-examination of one of the witnesses, and,
as the object of its concealment had not been effected,
Lady Forth wished to give the proof which she
would have adduced if she proceeded with her peti-
tion for a dissolution of marriage. That evidence
would show such odious conduct on the part of
Lord Forth as would entirely expunge any suspi-
cion from the mind of the Court that there were
grounds for believing the collusion pleaded by the
Queen's proctor. He understood that the Court
was now to be asked to refuse the application of the
petitioner in consequence of the conclusive evidence
of her adultery, and it that were so he contended
that she should be at liberty, before the case pro-
ceeded further, to show the whole merits of her
case and the demerits of the case of her husband.
He was satisfied that if she were granted that per-
mission she would establish such a case against her
husband as should entitle her to the consideration
of the Court and exemption from being compelled
to live with him again. His formal application to
the Court was, that Lady Forth might be permitted
to produce additional evidence.
The Attorney-General said that this was in reality
a petition for dissolution of marriage by the woman,
and she confessed, or rather was clearly proved,
guilty of adultery pending these proceedings, nay,
that she was at present living in adultery. Under
these circumstances his application was that the
petition should be dismissed out of the court.
Mr. Macaulay contended that it was competent
for parties to ask for leave to amend their petition,
and ask for a decree different to that originally
prayed for.
Sir C. Creaswell said the learned counsel's argu-
ment was fallacious in respect to this case. Roman
Catholics, according to their religion, could not ob-
tain a dissolution of marriage, and therefore might
limit their application to a judicial separation. But
in this instance the petition was filed for a dissolu-
tion of marriage, and therefore the Attorney-Gene-
ral was entitled to intervene.

Mr. Macaulay denied that the Attorney-General
had any materials for proving the collusion pleaded,
Lord Forth not having come forward to plead
against his wife was a redeeming streak in his cha-
racter, and was not to be interpreted as collusion
on his part. The learned counsel then referred to
different legal authorities whose dicta were in
favour of the arguments.
The Attorney-General said his first difficulty was
to understand what his learned friend desired. Did
he want to give evidence to prove that his client
was not guilty of adultery ?
Mr. Macaulay said that was not his intention.

The Attorney-General said the question then
arose simply what the Court was to do, the adultery
of the petitioner having been proved. He should
have been very glad to have been spared the neces-
sity of coming to the court if his learned friend had
accepted the alternative of withdrawing the peti-
tion for dissolution of marriage and applying
merely for judicial separation. But the petition
before the Court was for a dissolution of marriage
op the gr.)und of adultery and cruelty, and yet at
the same time the petitioner was proved to have
been herself guilty of adultery. He denied that
there were no grounds for believing that there was
collusion between the parties. He had not those
proofs at present, but if they came into his possession
he would feel it his duty to indict the parties at the
Central Criminal Court. He contended that accord-
ing to the settled principle of the old Ecclesiastical
Court, which regulated that of the present court, and
according to the ecclesiastical law of all Christian
countries, applications for divorce a mensa et thoro,
when the petitioner was found guilty of adultery he
was driven from the court. In this case the wife com-
mitted adultery, and she proves excessive cruelty,
which she alleges drove her to that act. Having
cited the decision of Dr. Phillimore, in the case
of " Dillon v. Dillon," in the Consistorial Court, in
support of his argument, he contended that the
Court could not, consistently with the interests of
religion and morality, grant the petitioner relief,
and called on the learned judge to dismiss the peti-
tion.

Mr. Macaulay replied, and quoted a judgment of
Lord Stowell to prove that that eminent jurist was
in favour of the view he advocated.

Sir C. Cresswell said that, in the case of " Hope
v. Hope." when the parties had the means of ap-
pealing to the House of Lords, he took the liberty
of differing from Lord Stowell, who, he considered,
pushed his doctrine to an extent not warranted by
authorities.

Mr. Macaulay then proceeded to argue the ques-
tion at length.

Sir C. Cresswell said that the application for
permission to go into a new case, on the part of the
petitioner, could not be allowed. With reference
to the other application, as this was the first case
of the kind that had come before the Court, he
should take time to consider his decision.

The case was accordingly ordered to stand over
for judgment.

WALKER V. WALKER.

In this case the wife petitioned the Court for a
divorce on the ground of her husband's adultery
and cruelty, to which there was no defence. At
the trial different acts of cruelty were proved
against the respondent, but the case was ordered to
stand over.

Dr. Deane, Q.C., on behalf of the petitioner, now
applied for leave to amend the petition, by adding
to the allegations the charge of bigamy against the
respondent. Before the hearing of the case the
petitioner was aware that her husband had been
guilty of the latter offence, but considering that she
had proofs sufficient to obtain the dissolution of
marriage without adding it to her petition, she did
not include it, as she was desirous of not delaying
the hearing of the case. The respondent was living
in Sydney, and there were proofs of his having
contracted the second marriage.
The Court granted the application to amend the
petition.