The Sun.
London, England, 1861-04-23 00:00:00

-THE SUN, LONDON, TUESDAY EVENING, APRIL 23, 1861.

THEATRE-ROYAL, HAYMARKET.
, Lea A Mr. J. B. Baokstone.
TIEN-EVENING, the performances will coMmenec with
a new and original Comedy, entitled BLACK SHEEP.
Mr. isuckstone, Hr. Compton, Mr. Howe, to. ; Mrs. Wilkins,
Mrs. Charles Younr:-, Miss Lovell, &c.
After which, will be revived, with entirely new scenery
and effects, and all the ottnal music by the late Sir Henry
Bishop, the melodrama of 1.11.11 MILLER AND lIIS MEN.
Cemmence at 7.

-110 y Al, PR I NCE S B'B THEATRE.--
1.1) Lessee and Nanaacr, Mr. A. Harris.
• THIS EVENING, THE HUNCHBACK. Messrs. Ryder,
Hermann Veen, Shore, Meadows, &c. ; Misses Heath and
C. Leclercq,
To conclude with NURSEY CHICKWEED.

NEW TFIZITRE-ROYAL, ADELPHI.—
!e.ole Proprietor and Manager, Mr. B. Webster.

„ .
THT::-.; EVENING, the new drama, MAGLIORE, THE
PRESTIGIT.AIOR. Messrs. B. Webster, J. L. Toole,
D. Fisher, &C.; Miss K. Kelly, Miss H. Simms, &e.

To be followed by a new apropos Sketch, THE CENSUS.
Messrs. J. 1, Toole, Eburne, Romer, C. J. Smith ; Miss
Kate Kelly, Miss E. ;7horne, and Mrs. Chatterley.
After which, THE FOOL OF THE FAMILY. Mr. Paul
Bedford, C. J. Smith, Eburne, Miss Laidlaw, and Miss Julia
Daly.

Doors open at halt past 6—Commence at 7.

CANTERBURY-TIALL CONCERTS!!
Westminster-road.

Proprietor ...... ..C. Morton.
A Grand Selection from Verdi's new Opera,
IL cottB.mto,
(This opera has never Leen produced in this or any other
country, except at these Concerts), havino: met with that de-
cided success which charactise the most popular werks of
this great Master, will be performed EVEIIX EVENING ;
to,ether with a Selection from LA FIG LIA DEL ItEGGI-
MENTO, by Donizetti,
Principal Artistes—Miss ttussell, Madame Maria, Miss
Tyrrell, Mr. 11. Ilerbert, Sie,nor Tivoli, 11. Drummond, and
C. W. Bernard. Director, Mr. F. Jonzhmans.
The Comic Department comprises Messrs. E. Marshall, A.
B. Hollingsworth, J. Blanchard, F. Bell, W. H. Welland, and
the Brothers Conrad.
John Martin's Three celebrated
ieedtae ArtsremainlctureswiGallueryof
theon
view a short time longer in the
Establishment.

NIGH WATER AT LONDON BRIDGE.
Tuts DAY.—Morning, 12h. 10m.—Afternoon, 12h, 34m.
To- AOUROW. -Morning), 12h. 58m.--Afternoon, lh. 20m.

THE WEATIIEIL—SUN OFFICE, APRIL 23, 1861.
THERMOMETER, IN THE SHADE.
53 —highest since noon yesterday.
45—lowest this morning and during tho night.
.51—this day at noon.
BAnamETER-20.88 ;

WlND—Easterly—light; with dull weather, inclining t')
change. Slight rain.

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THE SUN.

LONDON, TUESDAY, APRIL 23, 1861.

The Conservative Opposition appears to have
hardly yet made up its mind as to the course it may
eventually pursue in regard to the Budget which
has now been submitted to the House of Com-
mons by Mr. GLADSTONE, as the responsible
Financier in Lord PALMERSTON'S Government.

Yesterday the intimation put forward in the
chief daily organ of conservatism, was to the
effect that an amendment would probably be
moved, in the interests of his party, by the hon.
gentleman the member for Huntingdon. The
evening comes on, however, and, with it, the
motion that the House go into Committee of
Ways and Means. Mr. THOMAS BALING duly
rises, as had been anticipated, to open the dis-
cussion upon the Chancellor of the Exchequer's
Financial Statement, but after addressing the
House for some considerable time, adversely to
the Budget, resumes his seat without any
hint at all of a forthcoming amendment !
Several hours are afterwards consumed by other'
representatives—speaking for the most part alter-
nately for and against the fiscal and financial
scheme of the Chancellor of the Exchequer. How
far party feeling inspires the debaters may be
recognised, as the phrase is, with half an eye. No
sooner has the Tory member for Huntingdon re-
sumed his seat after going dead against the Budget
—it must be confessed, by the way, as dead against
it, as even that great Liberal Free-Trade organ of
finance The Economist—when the ultra• Radical
member for the fashionable town of Brighton
springs to his feet, eagerly, for the purpose of giving
not simply a partial or moderate support, but an
unqualified approval to the Budget. Altogether,
eight spoke " against" and seven " for" the Finan-
cial Propositions of Mr. GLADSTONE. The two
inaugurators of the discussion we have already
particularised. The seven supporters of Mr. BAR-
INC;'S argument—the six participators in Mr.
WneTE's admiration yet remain to be briefly
enumerated. Following the line of argu-
ment already pursued by the Honourable
Gentleman the Member for Huntingdon, the
noble lord the member fur Huntingdonshire took
exception to the Budget as a whole, principally
because—as the liberal free trade financial Economist
had already done in the course of its terrible
analysis of Mr. GLADSTONE'S calculations on Satur-
day—he deemed the surplus of nearly two millions,
the surplus of £1,923,000, an illusory surplus, a
wholely imaginary surplus, a sort of charming
mirage conjured up in the perspective by the com-
bined agency of the Chancellor of the Exchequer's
vivid imagination and his sanguine temperament.
Pressing forward steadily in the same direc-
tion, as earnestly each of them in search of an
amendment as CULEBS could ever have been in
search of a wife, or as Dr. SYNTAX
in search of the Picturesque, came later on in the
evening, at intervals the Conservative members for
North Warwickshire, for Stirlingshire, for Inver-
ness-shire, for Chippenham, for Mallow, for West
Norfolk, and to crown the list with the ablest
speaker upon finance among them all, the hon.
baronet the member for the borough of Stamford,
SirSTAFFonD NOP.THCOTE. As strenuously in favour
of the Budget thus opposed by eight members upon
the side of the Opposition, were the seven Liberals,
above and below the gangway on the Mini-
sterial side of the House, these seven wise men
who were last night bent upon supporting through
thick and thin the financial policy of Lord PAL-
MERSTON'S Government. Treading thus rapidly
upon the heels of one another after the lead made
in yesterday's discussion by the Radical member for
Brighton, came in due sequence the Liberal members
for Montrose, for East Sussex, for Dumfries, for Edin-
burgh, and for Norwich. The ex-Under-Secretary
for Foreign Affairs in Lord DERBY'S Govern-
ment, the hon. gentleman, or as political grati-
tude (if there be such a thing !) ought certainly
to have rendered him, before the late Cabinet
resigned office, the Right Hon. Gentleman the
l''eeeber for Horsham, moving what was reluc-
tantly consented to, at last, by the leader of the
House
and the Chancellor of the Ex-
chequer the adjournment of the de-
bate until Thursday evening ! And so the
matter rests for the time being, vaguely,
dubiouslY enough under the circumstances. Not a
glimmering yet of any specific Amendment having
been determined 11,p„ by the Opposition. Is it,
can it be ? that the Or position stands in that hesitat-
ing position Sketched out in
single line by the
master satirist—

"Willing to wound and yet afraid to 0,642,
Whatever the reason may be—there is the fact,
at
any rate, quite visibly before the country and beore
Parliament. It is a circumstance full of encourage_
meat to Her MAJESTY'S Ministers. so far,
at least, as matters have yet gone, Mr. GLADSTONE
has cause only to hope for the acceptance of his
Financial Propositions one after another in due
succession. His speech is still remembered, as it
was recognised at the time, as a masterpiece. It
was a speech full of ingenuity—and superficially

also possessing throughout an air of ingenuousness. I
The one weak point now, upon careful considera-
tion, we take to be the Surplus which he is ant ici-
paling. A surplus of nearly two millions sterling
—in spite of the bad harvest, the after effects of
which the country has not yet quite realised—in
spite of the disastrous state of things in Hindostan,
threatening our commercial relations Nv ith the
far East—in spite of the imminent possibility, if it
be not, alas ! at this moment the actual
certainty of civil war between the Northern
and Southern States of the American Confederation,
threatening our commercial arrangements in the
far East—in spite of our declining industry,
the Board of Trade returns showing a
falling off of fully seventeen per cent. on
the two opening months of the present year !
Counting upon a clear surplus of £1,923,000 in
spite of all these lugubrious indications of the future
is certainly so far, we cannot but think, like
calculating the number of chickens we expect to
chip the shell after the ordinary period required
for incubation—counting the full complement of
chickens from a nest-full of eggs, several of
which eggs are already known to be addled.
Taking one single item in that hoped-for
and indeed confidently promised Surplus of
£1,923,000, taking the best part of one moiety of the
surplus, the sum of £750,000 counted upon by Mr.
GLADSTONE in the shape of the Chinese indemnity
to be received within this financial twelvemonth
—it has been felt from the first to have been
somewhat of a delusion on the part of our Chan-
cellor of the Exchequer calculating upon handling
these three-quarters of a million before the year
shall be out, in the form of good sycee silver to be
brought from the opposite ends of the earth and
poured in a glittering shower, an all but Dan man
shower, into the lap of the Old Lady of Threadneedle-
street. Don't we wish we may get it ? That is the one
ejaculation provoked by Mr. GLADSTONE'S delight-
ful calculation. What probability we have of
realising this dim ghostly phantom of a hope may be
estimated by any one who will turn to a dreadful
little damper of a letter sent us by a correspondent
(formerly of China), whose remarks it will be there
seen have been elicited:by the argument we took oc-
casion to put forward upon the subject of the Chinese
war, together with its past, present, and future ex-
penses in our impression of Saturday evening. Our
correspondent, it will be observed, writes thus in the
course of his communication:—" Mr. GLADSTONE
in his budget takes credit for £750,000 for China
indemnity money to be received up to March,
1862." Remarking thereupon—" Lord JOHN RUS-
SELL has stated that the claims of the British
merchants in Canton amount to £450,000, or rather
more; Lord ELGIN'S claim for their indemnity
amounted to £666,000 (or two millions of taels),
and that amount probably includes interest. Surely
Mr. GLADSTONE does not intend to appropriate this
money of the Canton merchants in order to make
up a balance in his favour for this year; without
calculating upon it his budget would show a defi-
ciency instead of a surplus ; and the question is,
will Mr. Bruce have arranged to pay the indem-
nity for Canton losses this year? If he has so
arranged—and Lord JOHN RUSSELL has declared
that the matter rests with Mr. BRUCE—then Mr.
GLADSTONE has no surplus." These and other
scarcely less startling reflections would certainly
appear to render it very incumbent upon the House
of Commons to look well into the reality of the
surplus anticipated by the Chancellor of the
Exchequer, before daring rashly and precipitately
to avail themselves of it. The more that sur-
plus is looked into, the more it appears to
dwindle away. Besides which, Mr. GLADSTONE
acknowledges himself to have been so indifferent
a prophet last year (vide the preamble of his
Budget Speech on Monday evening), that the
Country, the House can hardly be expected to
accept upon his simple dictum his predictions for
the next financial Twelvemonth. Let us make
quite certain, to begin with, that lie is not again
miscalculating when he talks of a surplus—•a
surplus that if this next year but turns out to
resemble in any way its immediate predecessor, will
assuredly prove on the contrary to be a consider-
able deficit. Satisfied in the first place
that the anticipated surplus now tallied
of is really and truly a probable surplus, a bona fide
anticipation—we may then conscientiously and
prudently, with a good heart, and with an earnest
determination, take into consideration Mr. GLAD-
STONE'S propositions for the diminution of
one grinding and oppressive tax, and for
the total abolition, if need be, of an old-
fashioned impost:. hitherto interfering with the
due development of our commerce and manufactures,
while, at the same time, seriously militating
against the higher and loftier interests of
literature.

The cloud which has been long threatening in Ame-
rica has not yet broken, and, alarming as were the
last telegraphic accounts, it does not seem likely to
burst yet. We, afar from the scene of action, and
looking coolly on what excites those confronted
with each other, strongly recognise what they, after
all, instinctively feel—that fratricidal bloodshed
would be an evil for which nothing can compensate.
There are movements, indeed, by the administration
—naval movements especially—now reported,
which might be warlike, but there is every reason
to hope they are purely defensive. The Adminis-
tration keeps its secrets as well as Mr. GLADSTONE
did before the 15th, and its views can hardly be
judged but by its acts, and these, of course, for a
long time are of uncertain interpretation. Sew ral
United States' ships of war are in course of equip-
ment, and many steamers have been engager] of
which the destination was quite uncertain. We
only know that from Charleston information
comes that seven vessels were lying off the port
with the intention of relieving Major ANDERSON
in Fort Sumpter, and that he had recognised their
approach by rockets. The Carolinians have always
doclared that they should look on an attempt to
relieve the fort as an act of war, but they h ave
themselves commenced bloodless acts of war by re-
fusing any longer to supply provisions to the fort,
and thus rendering its surrender or its relief by the
Government at Washington, necessary. It seems
also quite certain now that the Government will
reinforce and supply the forts of Key West and
Tortugas at the entrance of the Gulf of Me a:ico ;
these forts are on islands out at sea, and therefore
can hardly be regarded like forts Sumpter and
Pickens as military stations directly hostile ti the,
seceded States. They would, however, as the
Southern States have no navy, be excellent p Dints
of action for the Federal Government, which will
always be able to support them, and can make 4; hem
if requisite the basis of operations against the oGulf
Statca from Texas to Florida. Some of the ace°, unts
say that the stores and equipments sent out an ) of
a kind which show that it is intended to operat eon
the coast of Texas. It may be so, but othen tell
us, apparently with better reason, that the forts
41)"e mentioned are the immediate object of the
expedition.

At Charleston, though all is excitement, 1 •roops
marching hither and thither, the batteries e very
now and then manned,
as if they meant to do s ome-
thing, and a floating battery, described as NWT

awkward construction, dragged into the harbour,
yet nothing decisive is done. Bloodshed the
Charlestonians declare to be " inevitable." It has
however happily been avoidable yet; and what
reason is there why both parties should not for an
indefinite period continue to face each other as they
do, only threatening like angry schoolboys, but
acting more wisely than coming to actual conflict.
The assailants of Fort Pickens appear to be in much
the same temper. Though so numerous, and ever
ready with threats, they do not fire a shot, and
the little garrison will certainly not attack them.
The new PRESIDENT'S policy appears, however,
to be too pacific to rally his followers to his sup-
port. It is now certain that the Republicans have
been beaten by the l)emoerats at many States elec-
tions, and at some for Congress itself. Five of the
twenty-nine Republican representatives in New
England have failed to secure their re-election to
Congress. The loss has been in the States of Mas-
sachusetts, Rhode Island, and Connecticut. In the
local elections they have also met with numerous
severe defeats ; and these e:ections are said to be as
much clue to hostility against the LINCOLN Cabinet
as to a wish to reorganise the plan and basis of the
Union. The Republicans complain that in Illinois,
while the South is openly defying the laws, the
obnoxious Fugitive Slave Law is executed in favour
of the rebellious States, that a man and his wife
and child were quite recently sent back again to
slavery, and that the fugitives in Illinois are emi-
grating by hundreds to Canada. Mr. LINCOLN'S
reply is obvious ; but we can hardly wonder that
popular feeling revolts at such things under a pro-
fessed anti-slavery PRESIDENT. The South will
not be brought back by such apparent trimming;
which, however, is but the logical result of Mr.
LINCOLN'S principle of treating the rebellion as a
nullity. He is, from his'position, obliged to deal with
them as if they were obedient, orderly States, and
that while he is sending ships of war with diffi-
culty to relieve the forts beleagured by them.
The border free State of Pennsylvania and the
border slave State of Virginia have each taken a
step, important because of their population and
influence. In Pennsylvania the Governor has sent
a message to the house recommending the organiza-
tion of the Militia, and other measures of defence,
as he had received a communication from the
President that an attack was meditated on Wash-
ington. He professed, however, entirely peaceful
views. Virginia has passed a resolution to the
effect, that, regarding the injury to commerce by
the present unsettled state of things, it appoints a
committee of three delegates to ask the PRESIDENT
what course he intends to take ; and that " the
people of Virginia consent to the separate indepen-
dence of the seceded States ; that they shall be
treated as independent powers, and that proper
laws be passed to effect their separation." It is
surprising how soon the late war-like rumours have
ended in things remaining as they were before.

There has been a storm, indeed, in the Chambers
at Turin with GARIBALDI for its dEolus and
CATOUR for its Neptune. In England we read
with little surprise of the warmth of the great
General and his hot attack on the Minister. We
have had such things in our own House of Com-
mons frequently enough, and if it is but a soldier
or sailor's attack—we pronounce it quite natural.
The Minister looks round on the' House with a
glance, as much as to say, this you know is all
quite natural, and proceeds to make such quiet
business remarks as the case may require, in a
tone and style which treat the man of the camp or
ship of war as not exactly amenable to ordinary
rules.

It is, however, really surprising to see how ,
Count CAYOUR has acted the same part, as nearly
as possible, under circumstances more trying than
ever fell to the lot of an English Minister, and yet
the Count's training in constitutional practice has
been but a brief oue, indeed, compared with that of
our veteran statesmen, who never had a GARIBALDI,
the saviour of his country, and the idol of all free
nations of the day, to contend with.
Hot as the General became, yet neither he nor
CAyoun have lowered themselves in the eyes of.
Europe. In the end, indeed, both showed how
much they could put up with for their country's
sake. All the world looking on sees in both of
them men almost miraculously fitted for their
parts, by what Lord ELLENBOROUGH designated
the other day as a special providence. Neither
of them could have done what the other has ; each
has done, what perhaps no other living man could
have accomplished, to perfection. CATOUR has
steered the vessel of the State through almost
unparalleled political difficulties ; GARIBALDI has
pioneered the conquest of Italian liberty with
means which would have possibly failed in the
hands of the greatest commanders. To them both,
but certainly most to GARIBALDI, the Italian Par-
liament which they addressed owes its existence.
It could but deplore their quarrel, yet it could not
in heart blame either. It must have sympathised,
as we all do, with GARIBALDI'S indifference
to rewards for himself and his uncontrollable
ardour on behalf of the volunteers, " the Southern
army," with which he had conquered from Marsala
to Naples, and shown CIALDINI the road to Gaeta.
Yet it felt equally sure of CAYOUR'S devotion to his
country, and far more confidence in his knowledge
of what was now the wisest political course. The
enemies of Italy will, however, have no cause for
exultation over a feud between the military and the
political saviour of Italy. They were both of then
men too great to make a football of their country,
or to allow their quarrels to injure her interests.
CANOUR candidly sympathised with GARIBALDI'S
feeling respecting Nice—" making him a foreigner
in his own country," he proved his high apprecia-
tion of volunteers by facts, and General GARIBALDI
softimed down into the acknowledgment that the
Count was faithful to his country, though he
should personally have preferred a bolder man.
He would seize Rome and Venetia ; CATOUR waits
for them,—certain that he shall have them.

TILE EXHIBITION or 1862.—We are requested
to remind intending exhibitors in the industrial department
of the Exhibition of 1862, that Her Majesty's Commis-
sioners have named the Ist of May next as the date before
which all applications for space must be sent in. 13y far
the larger portion of the space which can be allotted to
British exhibitors has already been applied for.
DEATH OF MR. DAVID PUGH, M.P.—Mr. David
Pugh, M.P. for the Montgomery district of boroughs, died
on Saturday at his seat, Llanerchydol, near Welshpool.
The hon. gentleman was born in 1789, and was the only
son of Mr. Charles Pugh, of Parry-hill, Kent, by the third
daughter, of Mr. William Lloyd, of Montgomery.
SOUTHWARK ELECTION.—The writ for this
election having been received by the High Baiiitf,Wednes-
dav (to-mcrrow) is appointed for the election of a member
to 1111 the seat vacated by Mr. Locke on his acceptance of
the Rccordership of Bri&iton. The nomination will tike
place at the South London Depository, London-road, at
11 o'clock a.m. Up to the present time no candidate is
before the electors to oppose Mr. Locke's re-election, nor
is any opposition expected to this gentleman's return, as he
is highly popular amongst all parties and classes in the
borough.

TYNEROUTII ELECTION.-TYNEMOUTIT, MON-
D.lY.—This morning the nomination of candidates for the
vacant seat in the representation of Tynemouth took place.
John Dryden, Esq., nominated Richard Hodgson, Esq. ;
Mr. Aldermazt Popplewell, Lloyds' surveyor, seconded the
nomination. .John Fawcus, Esq., iron-merchant, nomi-
nated. Mr. Art hur Otway; and Mr. Joseph Spence seconded
the nominaticm. The show of hands was in fay our of Mr.
(Away. Thq polling takes place to-morrow,

LATEST NE WS.

COST 01, THE CHINESE WAR.

TO TFIEEDITOR OF THE SUN.

SIR,---When the total cost of the China war is
known it will astonish some of the members who

take little notice of Chinese affairs. The votes
already granted to defray the expenses may help
to cover the cost of coals, transports, and extra
expenditure; but the pay of the army, navy, and
diplomatic staff will also form a serious addition ;
so that, when the whole truth is known, some 10
or 12 millions will have been expended. There is
still a large naval force in China, and about 10,000
British troops remain there " to secure the stipula-
tions of the treaty," at an expense far exceeding
the indemnity to be received.
In the House of Commons a mist appears to arise
whenever any matter relating to China is dis
cussed : the most opposite statements are made, and
no one discovers the contradictions. Take, for in-
stance, the following :—Mr. Gladstone in his budget
takes credit for £750,000 for China indemnity
money to be received up to March, 1862. Lord
John Russell has stated that the claims of the Bri-
tish merchants in Canton amount to £450,000, or
rather more ; Lord Elgin's claim for their indem-
nity amounted to £666,000 (or two millions of taels),
and that amount probably includes interest. Surely
Mr. Gladstone does not intend to appropriate this
money of the Canton merchants in order to make
up a balance in his favour for this year ; without
calculating upon it his budget would show a de-
ficiency instead of a surplus ; and the question
is, will Mr. Bruce have arranged to pay the in-
demnity for Canton losses this year ? If he has so
arranged—and Lord John Russell has declared
that the matter rests with Mr. Bruce—then Mr.
Gladstone has no surplus. The Chinese had to pay
500,000 taels at Tien-tsin, and about 200,000 at
Canton, in fact a little over £200,000, and that
covered the whole actual cash payment towards
the indemnity, and it has all been paid. The rest
is to be deducted quarterly from the revenue de-
rived by the Chinese from foreign duties to the
extent of one-fifth of the gross amount. This
fifth may be estimated at something over
£450,000 per annum, so that Mr. Gladstone takes
a very full estimate when he counts upon £750,000
It must be borne in mind that even taking into
account this amount of credit, there is all the cost
of the force in China, which properly should be
charged against it, for it is kept there partly to
secure the indemnity, but its expense is lost sight
of in the general total of navy and army estimates.
There will, in reality, be no indemnity derived
from China for the benefit of the British Govern-
ment and relief of the British taxpayer ; and the
amount which Mr. Gladstone takes credit for this
year is, in reality, nearly all due to the British mer-
chants who were burnt out of Canton.

The article in Vie Sun of Saturday has drawn
attention to this subject, and must serve as my ex-
cuse for offering this statement to clear away the
mist.—Your obedient servant,
April 22,1861. J. S., late of China.

FATAL CARRIAGE ACCIDENT.—A melancholy
and fatal event occurred at Tadcaster, between York and
Leeds, on Friday last. On that day Mr. and Mrs. John
Wormald were returning in their own carriage, drawn by
a pair of spirited horses, from Skelton Hall, near York,
the residence of Mr. W. W. Battye ; and the coachman
drove on all right for a distance of nine miles, until he got
to the bottom of the hill leading into Tadcaster, where he
overbalance] himself trying to ease the break. He fell off,
and was pitched on to the ground with great violence, and
the horses taking fright galloped madly through the town,
Onward the furious animals dashed, spreading surprise and
alarm on every side ; but on reaching the first tollgate in
the direction of Leeds, it .eeras that they bated a little, and
Wormald determined to sie e the opportunity of leaping out,
fearing that to remain would.be inevitable death. He did
so, and received a few bruises about the face. Unfortu-
nately, Mrs. Wormald tried to follow her husband's ex-
ample, but in endeavouring. to do so, she fell heavily upon
the ground, fractured her skull, and expired almost imme-
diately. The coachman was a gocd deal injured by his
fall, but not seriously. The death of Mrs. Wormald,
under the painful eireunastatees just narrated, has excited
great sympathy, the more so as she and her husband were
returning from the celebration of the marriage of her
brother (Mr. Thomas Hague Cock) to Miss Mary Elizabeth
Bettye, which► 11 acl taken place at Skelton ou the previous
day.

LAW -INTELLIGENCE (nds Day).

EXCHEQUER COURT.
(Before Mr. Baron Channell.)
LAST V. DOWLING'

This was an action brought by the plaintiff against the
defendant for illegal distraint. The defendant, it appeared,
had a claim of £2,000 against Mr. E. T. Smith, and the
contents of the premises occupied by the Savoy Printing
Company, in Savoy. street, being alleged to be his property,
an execution was levied by the sheriff on thaw for the
amount. The plaintiff denied that the property in question
belonged to Mr. Smith, and brought tho present action
against Mr. Dowling to eject the sheriff.

Mr. Montague Chambers, Q.C., and Mr. Joyce appeared
for the plaintiff; and Mr. Serjeant Ballan tine, Mr. Hawkins,
Q.C., and Mr. Salter appeared for the defendant.
Mr. M. Chambers, having opened the case, proceeded to
examine his witnesses.

James Last, examined by Mr. Joyce—l am the plaintiff
in this action. I know Mr. E T. Smith, and have done
so for the last 20 years. 1 was formerly in the employ of
the late Mr. Francis, printer. Mr. Smith always professed
the greatest friendship for me, and promised to start me in
business. I had some conversation with him about opening
a printing •office in the Savoy. I was to manage the business.
I was to take £3 a week during the time Smith was making
advances until business got on. I made return statements
to Smith in writing. There was nothing mentioned about
my becoming a partner except that after the thing was paid
for Smith was to have half of the business, and I the other.
Mier the business had gone on some time I asked Smith to
carry out his agreement. He told me he had an agreement
drawn up, but that his solicitors, Messrs. Lewis, would
not allow him to sign it. He gave as a reason that he
should be glad to do it if the thing was paid for. I men-
tioned the agreement to him repeatedly, but he always re-
fused to carry it out. I recollect meeting Mr. Smith with
Mr. Wyld. Mr. Smith commenced talking about the
printing office to Mr. Wyld, and said Mr. Last is a very old
friend of mine, and I believe a sincere one. What
I have done at the printing office I have done
to serve him. In June last I was introduced
to Mr. Phillips about some goods. It was before the goods
were delivered. Smith told him he was desirous of serving
me, and he was to give me as long a time to pay as possible.
The business was carried on under thA style of Last and
Co. In about eight weeks after I altered the imprints to
the Royal Printing Company. Smith had work done to
the amount of £1,187 Os. Od. without ere lit. The printing
for Smith was from the commencement, and lasted until
four days beforPthe seizure. I wrote t) Mr. Smith about
the amount. I did not keep a copy of it.
Mr. Smith was next called upon to produce the letter,
but he said he had not such a one.

Witness continued—About four days before the seizure
I took him a list of the debts and asked him for some money.
He said he had not got any, but I had better see Mr. Bran-
don, his attorney. I did not get any money. I had never
heard of Mr. Smith being indebted to Mr. Dowling before.
The execution came in on the Wednesday before Good
Friday. At that time the Sheriff had seized the presses.
I had a considerable quantity of work to do. Sloman had
the warrant. I saw him and had a conversation with him.

Mr. Hawkins objected to evidence of that descripfon.
By the Judge—Smith was a guarantee for me. Nothing
was said about interest. In fact he was always largely in
my debt.

Examination continued—l had a debtor named Dethier ;
his name was on the likt. I proved my debt through
Messrs. Brandon.

The affidavit was read, which stated that the bankrupt
was indebted to Joseph Last, printer, of Savoy-street, in
the amount of £6l for work done and performed.
Cross-examined by Mr. Hawkins—l opposed the seizing
of the whole of the property, which is worth about £1,600.
I have also a debt against Smith for £6OO. Smith is not
liable for my debts for types and presses. Smith never told
me so. I have paid nothing out of the money I took into
the business. I was in Francis's employ about three years.
He tiled some time ago. I then received £3 a week as
manager. I had been in business for myself previous
to that. I have been once bankrupt and twice insolvent.
I have printed several newspapers. The Town was one of
them. I was not indicted for that publication that I know
oi. My acquaintance with Smith commenced before I went
to Francis's. I had done some printing for him. We were
good friends, but we had not then had any money transac-
tions. I did not suggest to Mr. Smith to have a printing-
office of his own to print the Sunday Times. He suggested
that to me. I did not while I was at Francis's urge
upon Smith to start a printing-office, as a
large profit might be made. I made an estimate
of the cost of the printing of the Sunday Times, in
order to let Mr. Smith know whether he was
paying a proper price for it. I did not express a wish that
Mr. Smith should employ me instead of Francis, as he was
on the' verge of insolvency. I fancied Francis was in
difficulty. I will not swear I did not say so. Francis com-
mitted suicide. I thought he laboured under mania. It is
possible I might have said to Smith that I was very un-
comfortable in Francis's employ. I have no recollection of
mentioning that I was so. I never asked Mr. Smith to
employ me. I think it would be about the early part of
last year that I told Smith I was uncomfortable in Francis's
employ. Smith knew I received £3 a week, and knew
I was dependent on that, but I did net then ask Smith
to get me something to do. After Francis'edeath, in Sept.,

1860, I carried on the business. Before I took possession
of the premises in the Savoy I did not go to Smith and tell
him that he could get the printing of Her Majesty's
Theatre, Drury-lane, and the Alhambra for nothing.
By the Judge7l mean by that that the cost might be
defrayed out of the profits,
Cross-examined—T never told Smith ho could get his
printing done for nothing. I always meant the profit would
always more than cover the expenses. I never told Smith
anything definite about the printing being done much
cheaper. When I had conversations with Smith it was
always about his promise to set me up in business.
He was to get half of the profits when the
thing was paid for. The thing never was paid for.
I claim the property and also a debt of £6OO, as I consider
myself responsible for the debts. I knew the premises in
the Savoy were to let for some time before it was taken for
the company. I saw the party having the right to let
several times. Smith was not with me. I paid £4O
for the fixtures, but I got the money from Smith.
I paid a month's rent in advance. Smith paid
for that and the expenses of drawing up the
agreement. He gave me a cheque for the whole
amount upon his private bankers. The cheque did not
cover the three charges, and I paid the difference out of my
pocket. I will positively swear I did not get the £3 Bs. Od.
from Smith. All I got from Smith was the cheque for £5l
13s.

By the Judge—The cheque was for the rent and fixtures

I did not then know of the charge for the agreement. I
paid the £3 3s. out of my own pocket. I never got the
amount back. It was put down amongst debts. The sig-
nature put int) my hand is in my handwriting ; but the
writing in blue ink was that of Mr. Smith. It was not on
the receipt which I agreed to sign. It was not written on
it either with my knowledge or concurrence.
Baron Chanuell—lt is no uncommon thing for a trades-
man to make out a receipt for a certain amount (say the
amount of this cheque) to a creltir signed, and then a cer-
tain item having been thought of, a deduction had to be
made. Can you undertake to say such was not the case
here ?

Witness—l now recollect there was some talk about the
amount of £2, and it might have been written while the con-
versation was going on.

Cross-examination continued—Smith used tl pay bills.
I used t') send to him for the amount. I put "Last and
Co." to the imprint naturally. Smith never told me he
would not allow it. Smith, about six weeks after we
started, suggested that it should be called the " Savoy
Printing Company," as he thought a good thing might be
made of it.

Owing to the number of witnesses to examine the tria
cannot conclude to-day.

POLICE INTELLIGENCE.—( This Day.)

MARLBOROUGH-STREET.

A SON CHARGED WITH ROBBING HIS FATHER.—
STEALING AND RECEIVING.—WiIIiam Jackson, 13, a re-
spectable-looking boy, son of a bootmaker, at 57, Frith-•
street, Soho, was charged with stealing three pairs of boots
and shoes of the value of £3 Os., the property of his father,
and Michael and Edwin Crawley, father and son, of 44,
Dudley-street, were charged with receivir,g the same.
Mr. Jackson said that on Sunday he missed the boots
and shoes, and from inquiries found that his son had stolen
them from him and sold them at the shop of the Crawley's.
John Fincher, a boy, saisi he went with young Jackson
at half•past eleven on the morning of Saturday last to the
Crawley's shop in Dud ey-street, and Edwin Crawley took
a pair of side spring-boots from young Jackson and looked
at them under the shelf of the window, and told Jackson to
call again at one. Ile d:d so, and then Edwin Crawley
called Jackson into the passage and paid him 75., keeping
back one shilling for a pair of boots for him (Fincher). lie
did not see Michael Crawley.

In answer t) the magistrate (Mr. Tyrwhitt), the witness
said he was not with Jackson when he stole the boas from
his father.

The magistrate said there seemed 5 be no evidence
against the elder Crawley.
Mr. Jackson said his son sold a pair of boots to him on
Friday last.

The prisoners denied purchasing any boots of the boy.
Edwin Crawley and Jackson were remanded, Michael
Crawley's bail being taken for his reappearance. Bail was
refused for Edwin Crawley.

THE SOMERSETSHIRE CONSTABULARY.—SeveraI
murderous assaults having been recently committed on
members of the Somerset County Constabulary, Mr. Valen-
tine Gould, the chief constable, has obtained the sanction
of the magistrates to arming the officers with cutlasses
when on duty by night in the m.ighbourhood of large towns
or cities. The cons; ables are instructed that these weapons
are only to be used in defence of their lives, and that any
breach of this rile will render them liable to dismissal and
P1U114743011ts ,