The Sun.
London, England, 1859-01-28 00:00:00

BANK RETURNS.

An
Aecoi..nt, pursuant to the Act 7th and Sth Victoria
cap. 32, of the Average Amount of Bank Notes, of the
several Banks of Issue in England and Wales, in circu-
lation during the week ending Saturday, the 16th day of
January, 1859.

Yarmouth, Norfolk, and Suffolk Bank Great Yar-
mouth--Sir E. H. K. Lacon, Bart., and. Co 12,641
York Bank, York-Swann, Clough, and Co 38,350
JOINT STOCK BANKS. •
Bank of Westmorland, Kendal
Barnsley Banking Company, Barnsley 8,754
Bradford Banking Company, Bradford 0,182
Bilston. District Banking' Con4hny, Wolver-
hampton
Bank of Whitehaven, Whitehaven. 27,226
Bradford Commercial Banking Company, Bradford 19,646
Burton, Uttoxeter, and Staffordshire Union 1. ank-
. ing Company Burton-upon-Trent
Chesterfield and North Derbyshire Banking Com-
pany, Chesterfield.
Cumberland Union Banking
.Company, Work-
ington 35,148
Coventry and Warwickshire Banking Company,
Coventry
Coventry Union Banking Company, Coventry 14,1)2
County of Glouceater Banking Co.,.Cheltenham
Carlisle and Cumberland Banking Co., Carlisle
Carlisle City and'District Bank, Carlisle ..-...... 19,250
Dudley and 'West Bromwich Banking Co., Dudley 32,413
Derby and Derbyshire Bwikin„,o. Company, Derby.. 18,772
Darlington District Joint Stock Banking Company,
Darlingt0n....
East of England Bank, Norwich 21,614
Gloucestershire Banking Company, Gloucester 136,690
Halifax Joint Stock Bank, Halifax 17,791
Huddersfield Banking Company, Huddersfield 40,741
Hull Banking Company, Hull
Halifax Commercial Banking Company, Halifax.. 12,090
Halifax and Huddersfield Union BankingCo.Halifax 47,500
Helston Banking Company, Helston
Herefordshire Banking Company, Hereford 16°03
,
Knaresborough and Claro Banking Company, - •
Knaresborough
Kingabridge Joint-Stock Bank, Kingsbridgo 3,132
Lancaster Banking Company, Lancaster
Leeds Banking Company, Leeds 23,170
Leicestershireßanking Company, Leicester. 65,856
Lincoln and Lindsey Banking Company, Lincoln 50,080
Leamington Priors and IVarwickshire •Banking
Company, Leamington Priors • 10,901
Ludlow and Tenbury Bank, Ludlow
Moore and Robinson's Nottinghamshire Banking
Company, .Nottinghanr
Nottingham and Nottinghamshire Banking Com
pany, Nottingham
National Provincial Bank of England, Birmingham
(Head Office, 112, Bishopsgate-street, London).. 428,593
North Wilts Banking Company, Melksham 43,349
Northamptonshire Union Bank, Northampton 73,975
Northam pt onshira Banking Company, Northampton 18,739
North and South Wales Bank, Liverpool 57,388
Pares's Leicestershire Banking Company, Leicester 51,310
Saddleworth Banking Company, Saadleworth
Sheffield Banking Company, Sheffield .. 32,488
Stamford, Spalding and Boston Banking Company,
Stamford 45,793
Stuckey's Banking Company, Bristol Somerset-
shire Bank, and Somersetahire Bank, Langport . 318,361
Shropshire Banking-Company, Shiffnall. ..... 38,871
Stourbridge and Kidderminster Banking Com-
pany, Stourbridge .
Sheffield and Hallamshire Banking Co., Sheffield 24,034
Sheffield and Rotherham Joint Stock Banking •
Company, Sheffield 49,472
Swaledale and Wensleydale Banking Company,
Richmond 457 2G2
Wolverhampton and Staffordshire Banking Com-
pany, Wolverhampton.
Wakefield and Barnsley Union Bank, Wakefield 14,935
Whitehaven Joint Stock Banking Co., Whitehaven 27,529
Warwick and Leamington Banking Co. Warwick. 26,112
West of England and South Wales District Bank,
Bristol 56,644
Wilts and Dorset Banking Company, Salisbury 76,365
West Riding Union Banking Co., Huddersfield 34,195
Whitchurch and Ellesmere Banking Company,
Whitehurch 4,263
Worcester City and Coi Banking G

.ompany,
Worcester
W. W. DALBIAC, Acting Registrar of Bank Returns,
Inland Revenue Office, Jan. 22, 1859.

27,873

quity

IRELAND.

DUBLIN, THURSDAY MORNING.
THE IRISH COURT.

Lord Eglinton held his first levee for the season
yesterday afternoon. The attendance, though re-
spectable, was not as numerous as it was expected
to be, the falling off, perhaps, being
.ascribable to
the inclement state of the weather in the earlier
part of the day. Amends, however, are anticipated
to-night, when the Countess will preside, for the
first time, at the drawing-room. Meanwhile the
publication of the Cornwallis correspondence has
furnished the Irish Court Abolitionists with fresh
weapons of attack, and one northern journal, the
Be?fust Mercury, alluding to the astounding revela-
tions brought to light in the correspondence,
observes :--
We.do not say that similar corruption prevails at Dub-
lin Castle to-day. but why ? Simply because the same oppor-
tunities do not exist. If every Lord-Lieutenant had been
as unreserved in his correspondence as Lord Cornwallis,
and we now had their minds before us as we have his, who
can doubt that the intense loathing he expresses would be
reflected by them, though in a degree modified by the more
favourable circumstances in which they were placed ? In-
trigue, and jobbing, and corruption constitute a vice in-
herent in the whole Viceregal system. It is the oil which
hibricates the machine, and without it the Government of
Dublin Castle would be poWerlegs. We pray, therefore,
that the nuisance may be abat:d forthwith—abated in the
only way such a nuisance can be dealt with—by total abo-

Lou."

REVISION OF THE IRISH MAGISTRACY.

• ---
§.lll)l9.intd_impartartt .circular has been
dressed by the Lord Chancellor (Napier) to the
several lieutenants of Irish counties :
" Four Courts, Dublin, Jan. 20.
"My Lord,—l have the honour to enclose herewith a
copy of the general list of the nmistrates of your county, as
it is at present recorded in the Office of the Clerk of the
Hanaper, and introduced in all new commissions. Oa exa-
mination of this list it may be found that valid reasons
exist for a 'revision of it in reference to sumo whose names
are therein inserted ; and I have to request, with that view,
such information as your local knowledge may enable you
to suppty.
" Some of these gentlemen are perhaps no longer living,
but the occurrence of whose deaths has not been made
known to the: Clerk of the Mu:taper : changes of times and
the sale of estates may have so affected others as to render
it no longer desirable that they 'should retain the commis-
sion; others may have ceased to reside in the.county ; and
some who had been placed in the commission only front
necessity, by reason of their holding important agencies,
may no-longer iossess that qualification, and may be with-
out any other (in connexion with the county) which would
I of itself have justified their appoinfment while others may
have become disqualified by acceptance of subordinate
situations incompatible with their holding the magisterial
office.. Other instances of equal force may, perhaps,
occur to you, in respect to which you may think such revi-
sion would be desirable, and which you will be good enough
to notice in your reply to this communication.
" I have the honour to be, my Lord, your'very obedient
faithful servant, " JOSEPH NAPIER, C."

TILE GREAT PATRONAGE QUESTION.
Upon the authority of an ardent supporter of the
Dcrbyites the place expectants arc informed that,
in consequence of some strong representations by
the members of the bar and others, Mr. Attorney-
General Whiteside " is about. to interfere relative to
the distribution of Government patronage ill the
matter of colonial appointments. The Belfast
Nezes Letter feelingly remarks :—" The vast majo-
rity of the colonial legal appointments are bestowed
on the members of the English and Scotch bars,
and very few crumbs indeed—and those of the most
unwholesome kind—have fallen to the share of the
Irish bar. The same exclusive and
iaentbtei-plreiwsherrn.uelet.
has almost invariably beoerffienninceeexnhltiaTibsitbeedeinn the appoint-
ments to all other and non-legal colonial posts
camec
subjecetlawsebdeoclin
taken up, and the remonstrants have done
.I)OlielstrehoneltolGnii• Government
bar.
placing the matter in such. vigorous and
wii.aaS,ieamsnnuirciemlemgillntybeheeii
patriotic hands as those of our distinguished coun-
tryman, Mr. Whiteside • and we may be assured
that he will not rest until Irelandw has received her
full meed of justice, and
such- legal appointments as tehos shallto
the
uo
Gold
see
einstiaollrdeCgoioanst;,
the Gambia, and other equally pestilential
refuinsolentlysedby
tthrown
most toiu u
itheor 0
fI afterof being Wes-
tminster-hall
therill denizensr
and the.Pariiamen,house, Edinburgh."

HA VILAND V. MORTIBOY.

The curious case of " Haviland v. Mortiboy,"
which has occupied the High Court of Chancery
for five days, and filled some dozen columns of the
newspapers, has just been brought to a conclusion.
In delivering that elaborate judgment which we
printed yesterday, Lord Chelmsford expressed an
opinion that, looking at the intricacy of the evi-
dence, the time of the Court had not been unneces-
sarily occupied. If so, since of the many readers
who took an interest in the case in its early stages
few- can have followed its remarkable evolution, we
may render service by presenting the facts in a
brief summary.
On the morning of the 26th February, 1824, aman
and woman presented themselves at St. Pancras
Church as James Masters and Mary Jones, widow,
and were married. On the Bth of March following
only ten days afterwards, the same female was
married at days
Church, in the name of
Mary Wall, to John Sheppard. Mr. and Mrs.
Sheppard lived together from the time of marriage
until 1843, when they agreed to a separation. In
1845 the husband died worth £6,000, and his
widow, having administered, distributed his estate,
reserving to herself the portion to which she would
be entitled as his widow. In January, 1857, she
died also, disposing of her property in favour ofthe
children of Mr. Mortiboy. The family of Mr.
Sheppard, disappointed at the disposal of money to
which they considered they had some claim, saw
no means of obtaining any share of the property,
until an accident, as they allege, placed in their
possession a certificate of Mrs. Sheppard's earlier
marriage with Masters, of which they were till
then unaware. Upon discovering this fact they
filed their bill in this suit, Haviland being the next
of kin of John, and Mortiboy the executor of Mary,
Sheppard. The plaintiffs contended that the first
marriage, with Masters, rendered the second, which
followed immediately upon it, illegal. The defend-
ants replied that the two marriages were those of
the same parties under different names—that, in-
deed, not only was "Mary Jones" Mary Wall, as
both sides admitted, but that James Masters was
also John Sheppard. The Vice-Chancellor decided
against them, and condemning the second marriage
as illegal, thereby annulled the rights of the testat'.
as Sheppard's widow, with all the testamen-
tary dispositions which had been built upon them.
It will readily be supposed that to ascertain by ver-
bal testimony the identity of parties to a ceremony
which took place five and thirty years ago was no
easy matter. Yet this was to be done before either
the legality or the illegality of Mary Wall's second
marriage could be established. The defendants,
dissatisfied with the Vice-Chancellor's decision, ap-
pealed, and the plaintiffs were required once more
to prove their case.
Mary Wall, to speak of her first in what proves
to have been her maiden name, appears to have com-
menced life by trading on her personal attractions.
In the words of Lord Justice Knight Bruce, she
was " a member of the demi-monde." She is first
heard of as living in lodgings at Gloucester-place,
where she was visited by a nobleman, who for the
purposes of their intercourse condescended to be re-
puted a commercial traveller, and to bear the un-
aristocratic name of Jones. This person, on breaking
off his connection with Mary Wall, appears to have
bought for her the lease of a house in Mornington-
place, in which she was visited by a person named
Masters, whose name she bore for a time, as she had
before borne that of the pseudo-Jones. The question
for the Court to decide was, who was this Masters?
The plaintiffs' case was, that he was a mechanic,
mean-looking, and 45 years old, facts which it is
hard to reconcile with the woman's mercenary way
of life. The defendants' witnesses say he was a gen-
tleman ; and supposing him to have been a man of
property, his acceptance, notwithstanding his per-
sonal inferiority, becomes intelligible. According to
the plaintiff's theory, Mary Wall committed bigamy
without apparent motive, almost on the morrow of
the first marriage, and Masters acquiesced in it
against his interest. It was proved that he called
at the door one morning, satisfied himself that the
marriage had taken place, and was never heard of
afterwards. Upon the plaintiff's showing, he thus
lightly abandoned, needy as he was, a welt-fur-
nished house and a wife with money, while, on the
other hand, that wife, in obtaining her settlement
on her marriage with Sheppard, never thought of
securing herself against Masters. On the supposi-
tion of the defendants, that Masters was a " man of
property," that Mary Wall was his mistress, and
that Sheppard had been induced to marry her by
a pecuniary consideration offered by Masters, the
circumstance presents no difficulty. Somebody of
consequence, at any rate, had an interest in bring-
ing about the second marriage, for the settlement
of Mary Wall's property contains the name of a
trustee occupying a station in life higher than those
who usually act for the wives of working jewellers.
But admitting all this in favour of the defendants,
it may be asked why the same persons should
choose to be married twice over, and how the
difference of name is explained. The conduct of
the female is not . unintelligible. The fiction of
a former marriage with Mr. Jones was one she
would naturally favour for her own credit, as
landlady of a respectable house. The assumption
of a second name by Sheppard is accounted for, if
we remember that Mary Wall had become known
to many persons by the name of Mrs. Masters, and
that she would like to receive some sanction for
bearing it, while Sheppard was a man who would
not object to take any name which would promote
his interests. But when the settlement, to which,
as we have seen, persons of more intelligence than
the newly married pair were parties, was to be
made, it was probably seen that the use of fictitious
names would be fatal, and a re-marriage with real
names was resolved on. Such wan the suggestion
of the defendants' counsel, and it removes the last
difficulty from the case. The Lord Chancellor, the
Lord Justice Knight Bruce, and the Lord Justice
Turner, upon a review of the facts, were unani-
mously of opinion that Masters was one with Shep-
pard as was Wall with Jones, and that Mrs. Shep-
pard, therefore, was the widow of John Sheppard
and entitled to her moiety of the property.
In reviewing the judgment of the Court below
the Lord Chancellor and the Lords Justices amply
acknowledged the usefulness of one of the most
important of the recent Chancery reforms—that
which permits the viva voce examination of wit-
nesses. For four' days the Court was occupied in
hearing witnesses;'and the result was that the case,
instead of being presented to the Judges in fixed
and rigid incompleteness, grew into form under the
searching questions of counsel. We find the Lord
hancellor stating that when the appeal was
brought to the Lords Justices, they were of
opinion that " it was essential to the ascertaining of
the truth in a case of such strange and conflicting
improbability that there should be a viva roce
examination of the witnesses in open Court and
before the full Court ;" and that " the proceedings
before this Court had added materially to the evi-
dence, and had placed the case in a different position
to that in which it stood before the Vice-Chan-
cellor." Yet only recently this innovation was
energetically opposed as something incompatible
with the quiet dignity of the Court of Chancery,
and even now that the Court has the power of
calling, witnesses before it, some of the Judges
maintain their old prejudices against the lessons of
experience and the dictates of common sense.—
Daily News.

The Mersey Dock Board, at their meeting yester-
day granted a pension of £.50 per annum to a lady
twenty years has filled the post of treasurer to the Pilot
for
Establishment of Liverpool, but whose services are now no
longer required.
LA DVgILTISEMENT.I SIORT AND HEARING. —Spec.
TACLES.—POWERFUL TELESCOPES.—OPERA, RACE, AND
PERSPECTIVE GLASSES. —Messrs. S. and B. Solomons,
ticians, 39, Albermarle-Street, Piccadilly. Observe
op
opposite the York Hotel, W.—Opera, Race-course. Field,
and general Out-door Day and Night Perspective Glasses,
very small, for the waistcoat pocket, each conWning 12 and
18 lenses, constructed of German glass. Will show dis-
tinctly a person to know them at two-and-a-half and three
miles, and an object from eight to ten miles distant. Her
Majesty's Coast Guards are making use of them as day and
night glasses in preference to all others; they are also pre-
ferred for deer-stalking by sportsmen, gentlemen, and.
gamekeepers. Telescopes 31 inches long,. by which a per-
son may be clearly seen and known at 3§ miles' and an
object at 12 to 14 miles' distance; and with an extra, astro-
nomical eye-piece, Jupiter's moons, Saturn's rings, and
the double stars are distinctly seen. All the above can be
had of larger and all sizes, with increasing powers, and
are secured secured by her Majesty's Royal Letters Patent.
Royal Exhibition, 18.51. A valuable, newly-
ia.e venste(l., very small, powerful Waistcoat-pocket Glass,
atn _
_Le of a walnut, by which a person can be seen
n
4 known one and a half mile distant. They answer
every purpose on thr. Race-course and at the Opera-
houses. Count
at four to six and shins are clearly seen
Country scenery
are invaluable for shooting,
deer-stalking, yaeilif.
and tourists, ,to sportsmen, gentlemen, game-
keepers,reatest transparent :ice Os _Spectacle Lenses of the
The great advantage derived
from this invention r, thate
,vaisir becoming impaired is
n
preserved and strengthened
veryaged persons are
enabled to employ their sight atthemst minute occupation
—can sand;th those lenses of much less magnifying
power, they do not require tl: frequent changes to the
Pow:filpartloafs.stance. Persons
dangerous effects of farther
the world by can be suited at the most remote
send-
ing one of the glasses out of their spectacles in a
smalllettr'p rainndt
stating the distance from the eyes they can read
with it, and those who have not made use of spectacles by
egnanitede
statingtheirage. Deafness.—New Diseoverv.—
Vibrator, an extraordinarily powerful small newlyePai
instrument for Deafness, entirely different from -Cal
surpasses anything of the kind that has been, or probably
ever can be, produced. Being of the same colour as the
skin, is not perceptible. It enables deaf persons to hear
distinctly at church and at public assemblies; the unplea-
sant sensation of singing noises in the ears is entirely re •
moved, and it affords all the assistance that possibly could
be destred.-39, Albemarle-streA Piccadilly. Observe—
oppositethoiYork 119 tel) W.

AMERICAN STATESMEN.

DANIEL WEBSTER.

I had many opportunities of subsequ?ntly seeing
and knowing Mr. Webster, both in private and
public life ; in his home at Washington, in the
hotel at Boston in which we lived at the same time ;
at my own subsequently, and in the house of his
friends, where he was sometimes pleasant, but
mostly dull, and more than once nearly morose. I
have seen him preside in the Senate pro tenTorc,
and officiate in the White House as prime minister
(secretary of state) ; I have heard him plead before
the Supreme Court as an advocate; I have listened
to him at great meetings in the open air ; and sat
beside him at public dinners under canvas, and
literally sub tegminefagi. But often as I have heard
him, anxiously as I have listened to him, and will-
ing as I was that his performances should come up
to his reputation, his appearance, and his undoubted
talents, I may truly say, that he never, to my
notion, reached to anything like the height I ex-
pected. In public he was ponderous rather than
powerful. In society he had none of the lightness
of a man of the world, nor the weight of a man of
genius. He declaimed, debated, argued, or con-
versed, according to the occasions. But in all the
frequent times I have enumerated, I never saw him
put his audience at ease with, or transport them
beyond, themselves. Judging him by those displays,
or by comparison with his contemporaries and
countrymen, I should have come to the conclusion
that no man was ever so bepraised beyondhis merits.
As to the statesmen, lawyers, and orators of Europe
—O'Connell, Brougham, Peel, Macaulay, Shiel,
Guizot, Thiers, Berryer, he cannot be ranked with
them at all. In elegance of style and diction he
was inferior to Everett ; in fluency and quickness, to
Judge Story; in bold persuasiveness to Clay ; in
sententious and antithetical terseness to Cal-
houn ; in fervour and command of language, to
Preston. In his cause before the Supreme Court
(the Massachussets and Rhode Island Boundary
Question) he failed. I cannot, in fine, believe that
I saw Webster in his best days, either as an orator,
a lawyer, or a man of society ; yet the time of my
acquaintanceship with him was the period of the
greatest exertion and greatest triumph. He, in
common with all the leaders of his party in the
year 1839, worked with a zeal never exceeded for
the overthrow of the democrats, and the election of
Harrison to the Presidency. Their success was
complete. The most urgent stimulants existed to
call forth their powers, and particularly in the case
of Wtbster ; for, independent of the political inte-
rests at stake, the question was considered as one
of social existence to him individually. It was made
no secret, either by his friends or enemies, that his
finances were in a state of serious derangement.
The large sums of money received for professional
services during a long life were all spent ; and it
was notorious that he had for years chiefly subsisted
on contributions from his whig partisans. They
could not dispense with the aid of his talents in ad-
vocating their cause against their Loco-foco adver-
saries. They wanted him in Congress, at the caucus
on the stump. To attend to all the political duty
required of him he was obliged to give up almost
all the profits of his profession as an attorney and
counsellor at law. When his whig friends called
on him to do so, had he replied "Il faut vivre,"
they could, not retort, " Nous n'en voyons pas la
necessite ;" for his life was the vital sparks of the
federal cause—his death would have been its down-
fal. Money, therefore, was necessary for his sup-
port, and the party supplied it freely. His con-
nection with Nicholas Biddle and the United States
Bank was not mere whispered insinuation, and
when the explosion of that concern, and the imper-
fect disclosures of Biddle and his associates so much
agitated the public mind, every one awaited, but in
vain, for the explanation of large sums unaccounted
for, either with anticipated exultation or shame, as
the list of the spoilers might or might not have dis-
closed the name of Daniel Webster.
His whole career has proved him to have pos-
sessed that ambition which seeks power for the sake
of display, which yields to the supremacy of preju-
dices, and which barters for vain show the solid
independence of the mind. Webster was the son
of a farmer in the state of New Hampshire. A
scrambling education prepared him for the struggles
of life. He first tried his hand as a schoolmaster in
a neighbouring village; but soon abandoning that
line, the profession of the law, studied at small ex-
pense, threw him on the readiest road to fortune in
the United States. His talent and energy soon be-
came remarkable in the narrow sphere of action of
a country town, which he wisely changed for the
more extended one afforded by the city of Boston.
There he began to practise with a considerable
reputation, and found a fair field with few compe-
titors. He quickly gained the first place in public
favour ; and had he been as prudent as he was suc-
cessful, he must soon have made a handsome for-
tune. But his turn for expense was, to say the
least, as great as his thirst for distinction. He
chose to vie with the wealthy merchants of the city
in entertainments that had no heart in them, and
in an ostentation which gained him abundance of
envy and unpopularity, but neither admirers nor
friends.