The Sun.
London, England, 1861-01-15 00:00:00

THE SUN, LONDON, TUESDAY EVENING, JANUARY 15, 1861.

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LAW INTELLIGENCE.-(THIS DAY.)

COURT OF QUEEN'S BENCH.

(Before the Lord Chief Justice and Justices Crompton,

Hill, and Blackburn.)
THE FUGITIVE SLAVE CASE.
RE ANDERSON-HABEAS CORPUS.

Mr. Edwin James, Q.C., moved for a writ of habeas
corpus to bring up one Anderson, who was formerly a
slave in America, in order that he might be discharged.
It will be recollected that Anderson, who was a fugitive
slave, after killing the person who attempted to capture
him, escaped into Canada. The Missouri Govern-
ment applied to have him given up under the
extradition treaty, and he was arrested. He
applied to the courts at Toronto for a writ of habeas, and it
was refused, the courts holding that he must be given up.
The application was now made in this court for a writ of
habeas corpus, that he might be brought up and discharged,
the learned counsel arguing that it had a concurrent juris-
diction with the Canadian courts, and could exercise its
prerogative of the Crown for the purpose of liberating a
British subject who was illegally confined. The learned
counsel argued at great length, and quoted a number of
authorities in support of his argument.
Ihe Lord Chief Justice said the Court had considered
the matter, and they thought the writ ought to issue,
although they felt the inconvenience that might be attached
to such a course, and were fully sensible that it might be
regarded as incompatible with the great liberty happily
given to colonial courts and colonial legislatures ; but in
extending that liberty the Crown had not abrogated the
rights of the courts at Westminster to issue such writs as
this, but that right had been exercised from the earliest to
the latest times, and nothing short of a distinct enactment
by the Legislature could prevent their issuing this writ.

ROLLS COURT.
(Before the Master of the Rolls, Sir John Romilly.)
JUDGMENT.-NORRIS V. CHAMBERS.

His Honour, the Master of the Rolls, said—This is a
suit instituted by the personal representatives of the late
John Sadleir, for the purpose cf establishing a lien on a
mine in Prussia, called the Maria Anna Mine. He
regretted that he held an opinion contrary to that expressed
by three eminent English counsel, that the real and per-
sonal estate of a deceased felo-de-se do not fall as escheats
to the Crown, but pass to his heir at law. In this case I
can give no decree to the plaintiff. I simply dismiss the
bill without costs.

COURT OF DIVORCE.
(Before the Judge Ordinary.)
BELLEW V. BELLEW AND EDEN.

This was a petition for divorce presented by the Rev. J.
C. M. Bellew, on the ground of adultery on the part of
Eva Maria Bellew, the wife of the petitioner, with a gentle-
man named Ashley Eden.
Mrs. Bellew made no answer to the petition, but Mr.
Ashley, the co-respondent, had sent in his answer, which
was to the effect that, as he had already paid a sum of
5,000 rupees, which had been awarded to the petitioner by
the court in Calcutta, in which an action had been brought
against him by the petitioner for seduction, he ought not
to be immersed in the costs of the present application.
Dr. Travers Twiss, Q.C., in opening the case for
the petitioner, said the present proceedings were insti-
tuted by John Chippendale Montesque Bellew against Eva
Maria Bellew for a decree of divorce, on the ground of
adultery, committed by her with the Hon. Ashley Eden.
The petitioner married the lady, whose maiden name was
Money, in the year 1817, at St. Saviour'e, Southwark.
From that time till 1851 the parties lived happily together,
when the petitioner obtained an appointment to a chap-
laincy in India. In the year 1853 Mr. Bellew, through
intercepting a letter, discovered that his wife was carrying
on an adulterous intercourse with Mr. Eden. An action
was brought in the Civil Court at Bengal, by Mr. Bellew
against Mr. Eden, who allowed judgment to go by de-
fault, and the Court set down the damages at 5,000 rupees.
A divorce a mensa et thora was afterwards obtained by Mr.
Bellew in the Civil Court in India, and on the arrival of
Mr. Bellew in England he commenced a suit for
divorce in the House of Lords, but owing to
the want of money the suit had to be abandoned. The
learned gentleman also remarked that owing to the adul-
tery having been committed in India, he should have to
put in certified copies of the evidence given by several par-
ties in the courts in India, and rely in a great measure upon
them. Amongst them was that of a gentleman named
Hume, who, although he had been in England since the
occurrence, was now in India.

The evidence of Mr. Hume was then read, which was to
the effect that the respondent and co-respondent had lived
together as man and wife.
Mr. Charles Swinton Hogg, a barrister, said—l practiced
at the bar at Calcutta from 1851 to 1853. I made Mr.
Bellew's acquaintance in 1852. I visited him at his house.
My visits were not frequent after 1853. I saw Mrs. Bellew
very often, and they appeared to live very affectionately till
about the summer of 1853, when a coldness became appa-
rent on her part. lam on terms of friendship with Mr.
Bellew at the present time.

Mr. John Vallance—l am the petitioner's solicitor. I
produce his marriage certificate. The certificate stated that
the marriage was celebrated at St. Saviour's, Southwark, in
1848. My partner and myself took steps to procure a divorce
in the House of Lords, but owing to Mr. Bellew not having
sufficient funds to carry on the suit it had to be dropped.
Mr. William Malony, a clerk in the House of Lords, pro.
duced a certified copy of the judgment of the Supreme
Court of Bengal, in the case of Bellew v. Bellow.
The evidence of two witnesses, named Goolam Gosheim
and Linton, given at the trial in Bengal, was also read,
which left no doubt of the adultery having been committed.
The Judge Ordinary asked if any person appeared for
the respondents.
Dr. Swaby said he appeared for Mr. Eden, and all he
had to ask the Court was that his client might not be sad-
dled with the costs of the present application. He had
already paid one set of costs.
_ .

Dr. Twiss said he would not press for costs.
The Judge Ordinary granted a rule nisi.

SHERIFFS' COURT.
(Before Mr. Deputy Joyce.)
MEED V. JONES.-MODERN CRITICISM.

This was an action for an amount due for putting up a
quantity of gas fittings. Plaintiff and his witness deposed
to the work having been done as ordered, and defendant
complained that it had not been properly carried out. He
could prove this by a witness. Defendant then called his
witness, and the following conversation ensued between
that person and the Judge.
Judge.—What are you ?
Witness.—A compositor.
Judge.—A. printer?
'W itness.—Yes.

Judge.—And what do you know about gas fittings ?
You work at times by gas or candle light.
Witness—Yes, and I can tell if the gas acts properly or
improperly.

Judge—Supposing that any complaint was made as to
the manner in which you set up type would you not feel
very indignant if a bricklayer were called in to give an
opinion upon it ?
Witness—lndeed, I should.

His Honour—l thought so. You would be very pro-
perly angry. Therefore you have no right to pass your
opinion upon gas fittings.
Defendant had no witness in the trado present, and his
Honour found for plaintiff with costs.

THIS DAY'S SHIPPING.

LONDON, Jan. 15.—Wind this day at noon—South-
Easterly; strong breeze and dull weather, with sharp
frost.

OFP PORTSMOUTH, Jan. 14.—Wind N.W.—Arrived—
Jackson, from Shanghae.

DEAL, Jan. 14.—Wind S.E. by E.—Arrived—Diana,
from the River, and sailed for Cape Coast Castle; R. G.
Grimot, screw steamer, from the River, and sailed for
Bilboa.

PLYMOUTH, Jan. 14.—Wind S.E.—Arrived—Chamois,
from Cochin China ' • her Majesty's steamer Satellite, from
Vancouver's Island.
SUNDERLAND, Jan. 12.—Wind S.W.—Sailed—Lord
Hardinge, for Havannah.
GLOUCESTER, Jan. 14.—Wind S.E.—Arrived—Ever-
green, from Quebec.
DOVER, Jan. 14.—Wind S.E.—Arrived—Pallas, from
Buenos Ayres.
JERSEY, Jan. 13.—Wind S.—Saied—lmogine, for Rio
Janeiro.

- -
OFF SCILLY, Jan. 12.—Arrived—Jacob °standar, from
New York; Ocean, from Newfoundland for Jersey.
PENZANCE, Jan. 14.—Wind S.E.—Sailed—Edgar, for
Gibraltar.

PILL, Jan. 14.—Wind N.E., strong.—Sailed—Maria,
for Trinidad.

HOLYHEAD, Jan. 14.—Wind E.,strong gale.—Sailed—
George, for Jamaica ; Effort, for ibraltar.
CLYDE, Jan. 14.—Wine S.E.—Arrived—Diana, from
Mauritius ; J. V. Lovett, and United Kingdom, screw
steamer, from New York.

POLICE IN7ELLIGENCE—(This Day).

THIRD EDITION.

SUN OFFICE, Seven o'clock,

LONDON GAZETTE-(THIS EVENINGi.

FOREIGN-OFFICE, JAN. 14.
The Queen has been pleased to approve of Don Juan Fair
as Vice-Consul in London for the Argentine Republic.

The Gazette of this evening contains the Speaker's war-
rant :for issuing a writ for the election of a member to serve
in Parliament for the borough of Leicester, in the room of
the late Joseph William Noble, Esq., fourteen days after
this notice.

WAR-OFFICE, PALL-MALL, JAN. 15.
23d Regiment of Foot—Lieutenant-General Sir William
J. Codrington, K.C.8., from the 54th Regiment, to he
Colonel, vice Lieutenant-General Henry Rainey, C. 8.,
deceased.
54th Regiment of Foot Lieutenant-General Mildmay
Fane, from the 96th Regiment, tobe Colonel, vice Lieut.-
General Sir W. J. Codrington, K.C.8., removed to the
23d Regiment.
96th Regiment of Foot—Major-General George Macdonald
to be Colonel, vice Lieutenant-General Fane, removed to
the 54th Regiment.

Ist Regiment of Dragoons—George Allen Butlin, Gent., to
be Cornet, by purchase, vice Twentyman, promoted.
6th Dragoons—Ensign SA Aubyn Henry Player from the
23d Foot, to be Cornet, in succession to Lieutenant the
Hon. Edward Roden Bourke, promoted.
9th Light Dragoons—Lieutenant Edward Parrett Hodges
Curteis, from the 96th Foot, to be Lieutenant, vice Wil-
liam Naper Carleton, who exchanges.
Grenadier Guards—Lieutenant and Captain Henry Wil-
liam Verschoyle to be Captain and Lieutenant-Colonel,
by;purchase, vice Henry Edward Montresor, who retires;
Ensign and Lieutenant Alfred Molyneux Byng to be
Lieutenant and Captain, by purchase, vice Verschoyle ;
Alexander Louis Ricardo, Gent., to be Ensign and Lieu-
tenant, by purchase, vice Byng.
Ist Regiment of Foot—Gentleman-Cadet Frederick de
Lamare Morison, from the Royal Military College, to be
Ensign, without purchase, in succession to Lieutenant
John Richard Palliser, deceased.
3d Foot—Gentleman-Cadet Edward Charlton Dickson,
from the Royal Military College, to be Ensign, without
purchase, vice Hearn, promoted.
4th Foot—Captain Augustus Nicholas Wilson, from the
86th Foot, to be Captain, vice William Fagan, who ex-

changes.
6th Foot—Gentlemen Cadet Horace Richard Le Merchant
Carey, from the Royal Military College, to be Ensign,
without purchase, vice Saunders, promoted.
Bth Foot—Lieutenant Reginald Whitting to be Captain,
by purchase, vice Newell. who retires ; Ensign Richard
Chute to be Lieutenant, by purchase, vice Whitting.
10th Foot—Lieutenant John Ball to be Captain, by pur-
chase, vice Douglas Ernest Manners, who retires; En-
sign Abraham Richard Montfort to be Lieutenant, by
purchase, vice Ball.
11th Foot—Ensign William Joseph Tibbs to be Lieuten-
ant, without purchase, vice William Norman, super-
seded for being absent without leave ; Gentleman Cadet

James John Peter from tho Royal Military College, to be
Ensign, without purchase, vice Tibbs.
7th Foot—Major and Brevet-Lieutenant-Colonel William
Gordon to be Lieutenant-Colonel, by purchase, vice
Brevet •Colonel Arthur Lowry Cole, who retires upon
half-pay ; Major Honeyman Mackay, from half-pay Un-
attached, to be Major, repaying the difference, vice Gor-
don ; Captain and Brevet-Major George Tito Brice to be
Major, by purchase, vire Mackay, who retires; Lieu-
tenant 'William Henry Parker to be Captain, by purchase,
vice Brice; Ensign Herbert Kerr to be Lieutenant, by
purchase, vice Parker • Ensign Harvey Lambert Man-
ning Ravenhill, from Le 70th Foot, to be Ensign, vice
Kerr. •
[9th Foot—Captain Wm. M'Gregor Archer from the 78th

Foot, to be Captain, vice George Forbes, who exchanges.
23d Foot—Gentleman Cadet George Wm. Adolphus Fitz
George from the Royal Military College, to be Ensign,
by purchase, vice Player, appointed to the 6th Dragoons.
32d Foot Lieutenant Francis Arthur Thomas, from half-
pay 85th Foot, to be Lieutenant, vice Henry Mant Gilby,
who retires upon half-pay; Lieutenant Randle Jackson,
from the 77th Foot, to be Lieutenant, vice Arthur Bishop,
who exchanges.
40th Foot—Andrew Duarow, Gent., to be Ensign, by pur-
chase, vice Henry Swanson, appointed to the 14th Foot.
53d Foot—Captain Gustavus L. Basset, from the 72d Foot,
to be Captain, vice John M. Macneill, who exchanges.
54th Foot—Staff Assistant-Surgeon Thomas Wood, M.D.,
to be Assistant-Surgeon, vice Youell, appointed to the
Staff.
60th Foot—Lieutenant Burnet Bell Forsyth to be Captain,
by purchase, vice Richard Harcourt Robinson, promoted,
by purchase, to an unattached majority ; Ensign Charles
Gosling to be Lieutenant, by purchase, vice Forsyth.
72d Foot—Captain John Maxwell Macneill, from the 63d
Foot, to be Captain, vice Gustavus Lambert Bassett, who
exchanges.
77th Foot—Lieutenant Arthur Bishop, from the 32d Foot,
to be Lieutenant, vice Randle Jackson, who exchanges.
78th Foot—Captain George Forbes, from the 19th Foot, to
be Captain, vice William M`Gregor Archer, who ex-
changes.
86th Foot—Captain William Fagan, from the 4th Foot, to
be Captain, vice Augustus Nicholas Wilson, who ex-

changes.
59th Foot—Duncan Campbell, Gent., to be Ensign, by
purchase, vice Urquhart, appointed to the 72d Foot.
94th Foot—Ensign William Edward Montague, from the
2d Foot, to be Ensign, vice James Brown, promoted.
96th Foot—Lieutenant William Napier Carleton, from the
9th Light Dragoons, to be Lieutenant, vice Edward
Barrett Hodges Curteis, who exchanges.
2d West India Regiment—Lieutenant Francis Adam Knapp
to be Captain, by purchase, vice Davidson, who retires ;
Ensign Andrew Truelove Edge to be Lieutenant, by pur-
chase, vice Knapp.
UNATTACHED.—Captain Richard Harcourt Robinson,
from the 60th Foot, to be Major, by purchase.
COMMISSARIAT DEPARTMENT.—Acting- Deputy -Assis-
tant-Commissary-General Foster Shortt, having completed
the prescribed period of Service on the Coast of Africa, to
be confirmed in the rank of Deputy-Assistant-Commissary-
General.