The Sun.
London, England, 1861-01-22 00:00:00

TER RISTUABINCES IN NEW

ZEALAND.

The following is a despatch from Sir G. C. Lewis,
Bart., to Governor Gore Browne, C. 8., on the sub-
ject of the disturbances in New Zealand :

Downing-street, July 26, 1860.

Sir,—l havQ received, and her Majesty's Govern-
ment has very carefully considered, your recent
despatches respecting the disturbances in New
Zealand.

The present posture of affairs I collect to be
this :—that William King and the Taranaki tribes
have receded from the immediate neighbourhood of
New Plymouth, discouraged apparently by Capt.
Cracroft's successful attack on the pah ; that no
other tribes have as yet declared themselves on the
side of the insurgents ; and that there is reason to
hope that none will so declare themselves.
But you point out as a matter of much import-
ance, that the position taken by the Waikatos is
one which if persevered in will be inconsistent with
the due maintenance of the Queen's authority in
the islands.

The reinforcements sent from other points of Aus-
tralia have raised the number of troops in New
Zealand to about 1,800 men, besides ♦olunteers,and
a naval brigade of about 500 men, furnished from
the ships of war which are now on the coast of New
Zealand. There are now four, and will shortly be
five such ships.
Ido not, however, collect from your despatches
that any volunteers have offered to come forward in
aid of her Majesty's Government, except those per-
sons who have armed in defence oftheir own homes,
or have been compelled to leave them.
Under these circumstances you and your advisers
request that three regiments of infantry and one
of artillery may be sent out, partly in order to pro-
vide against the possibility of a general rising of
the natives, and partly in order to enable you to
take, under any circumstances that may occur, a
commanding tone respecting the various questions
at issue between the settlers and the Maories.
The native secretary, I observe, has remarked
that with less than 5,000 troops involving an ex-
pense of about £150,000 per annum) it would not
be possible to defend all the outlaying settlements
in the colony ; Mr. Richmond closes his able and
interesting Memorandum with the following
words :
" Justice, therefoie, and humanity require that
England should freely recognise the onerous duties
cast upon her by the colonisation of New Zealand.
To avert such calamities as seem to impend, it is
indispensable to place at the disposal of the gover-
nor a military and naval force adequate to support
him in a policy of equal justice to the two races
which have been placed by Providence in a relation
to each other so singular and difficult."
I must at once say that in the present position of
affairs, and with the demand for troops which
exists, or may be expected in other quarters, it is
impossible for her Majesty's Government to comply
with your desire to receive 3,000 or 4,000 soldiers
in addition to your present force. Measures, how-
ever, have been taken to despatch the 14th Regi-
ment at once for the relief of the 65tn, which will
be allowed to remain in the colony for the present
in case on the arrival of the 14th the immediate
danger should not have passed over. I trust that
it will have passed over, and if this should prove
the case, I cannot but believe that wise govern-
ment and prudent conduct on the part of the set-
tlers will do far more than increased military force
to maintain the relations between the Europeans
and natives on a satisfactory footing.
Meantime I must observe that although it is the
desire of her Majesty's Government to provide fully-
for the performance of those duties which the coun-
try owes to her colonies, I cannot silently accept
what appears to be the colonial estimate of their re-
sponsibilities.
England cannot undertake the defence, against
a nation of warlike savages, of a number of scattered
farms or villages, selected not with any view to such
defence, but the profitable pursuit of peaceful in-
dustry, and subject to the risks which naturally
attend the occupation of land in the midst of an
uncivilised population.
Nor can her Majesty's Government undertake to
provide such a force as will secure the colonies
against prospective difficulties. Immediate and
imminent dangers must be met as they arise. But
the policy which requiries the continual presence
of a large force carries in most cases its condemna-
tion on its face.
What is the degree of protection which the in-
habitants of a British colony are entitled to expect
from the home government is a matter on which it
is impossible to speak in the abstract. It is no doubt
necessary to punish aggression, to defend the cen•
tres of population, to maintain a hold upon the keys
of the country. But beyond this the amount of as-
sistance given must depend on the demands to
which the military and naval forces of the country
are subjected elsewhere, and on the urgency of the
case, as shown not merely by demands for assistance
but by the disposition of the colonists to adopt their
share of the necessary expenses ; to incur for the
defence of their neighbours the dangers and incon-
veniences of personal service, and to place in the
hands of the Home Government the power of con-
trolling the treatment of those whom they are called
upon to subdue.
And I connot refrain from observing that neither
of your despatches nor Mr. Richmond's memoran-
dum indicate any definite intention on the part of
the colonists to contribute to the expense of the
troops whom they demand—that the volunteering
appears to be confined to the particular localities
threatened—and that Mr. Richmond, while calling
upon the Home Government to adopt the expenses
of the war, does not even hint at the propriety of
investing it with any larger powers than they at
present possess for dealing with the native ques-
tion out of which these expenses arise. I nay add
that a bill introduced into Parliament to provide an
effectual machinery for the exercise by the Crown
of the powers reserved to it by the Constitution Act
is threatened with a determined opposition by a
gentleman professing to represent the feelings of
the colonists.
This you will perceive on perusing a punphlet
which I enclose in another despatch.
I allude to these circumstances not, of course, as
relieving the Home Government from the duty of
supporting the colony against a pressing danger,
but because they must materially affect the dispo-
sition of the British Government and people to un-
dertake that indefinite expenditure of blood and
treasure to which Mr. Richmond invites them.—l
have, &c., " G. C. LEWIS.
" Governor Gore Browne, &c."

ALGIERS AND TOULON SUBMARINE CABLE.—We
noticed on a recent occasion the accident to the screw ship
William Cory by collision with the French frigate Gomer,
on the 15th December, when in the act of laying down the
submarine cable from Toulon to Minorca. On the evening
of the 11th inst. the William Cory, after having undergone
the necessary repairs, proceeded from Toulon, accompanied
by the French Government corvette the Caton, in search of
the buoy which had been attached to the cable after the
accident ; and four days after found it with the flag shaft
and flag flying above. The William Cory waited one day
for fine weather, and then picked up the buoy, which was
safely got on board. The rope attached to it was at once
connected with the steam-engine placed on board expressly
for the purpose, which was then put in motion, and in a short
time the rope was hauled on board to a length of 1,000
fathoms, when suddenly it appeared to lose the strain which
it had been bearing, and when 400 fathoms more were
raised, the discovery was made that a kink had been formed
in the buoy rope, at which spot it had parted at a depth of
1,400 fathoms, being the depth of the sea at that point. It
thus appears that by the breaking of the buoy rope, which
was attached to the part of the cable that had been cut,
the cable' itself is lost. This experiment relative to the
placing of a buoy, although not entirely successful, is a
very important fact in favour of deep sea telegraphs, hav-
ing established that a buoy and its necessary appliances fer
the purpose of raising a cable, can be so constructed as to
survive most tempestuous weather for an indefinite period,
in water nearly two miles deep, thereby affording an oppor-
tunity for repairs in the event of an aecident, whilst lay-
ing. It is firmly believed that the cause of the present
failure is at present so clearly understood that a remedy
against the recurrence of such an event will in future ope-
quttely provided against
ration,s be Ade 4

LAW LYTE.

THIS DAY),

COURT OF CHANCERY.
(Before Vice-Chancellor Sir William Page Wood.)
PETITION' FOR JUDGMENT.-IN RE ADAMS.

The testator, by his will, devised his lands of Farmhall
and several other pieces of land in the parish of Ware to
trustees for the uses of his trust. The trustees sold the
lands, and there was a surplus over after paying his debts;
and the question raised was to whom did the residue
belong.

Ills Honour the Vice-Chancello, referred to the decision
by Lord Eldon in the case of White v. Bennett, 2 and 4
Russell, as an authority in point, and came to the conclu-
sion that the surplus price belonged to the person to whom
the lands of Farmhall were originally devised, after the
uses of the trust were satisfied, and that the lands in the
parish of Ware were only subsidiary or auxiliary lands to
supply the wants of the trust in the event of the lands of
Farmhall being insufficient, and declared accordingly, with
costs of all parties properly incurred out of the estate.

COURT OF DIVORCE
(Before the Judge Ordinary.)
RYVES V. ATTORNEY-GENERAL.

This case was adjourned on Monday last for the
production of the original register of baptism, at St.
Nicholas Church, Liverpool. The lady, who conducts her
case in person, claims to be a niece of George 111., and prays
the court to pronounce her the legitimate daughter of John
Thomas Serres and Olive, his wife.
The Judge Ordinary, addressing the lady, said ho was
sorry to inform her that the gentleman refuses to permit
the book required to leave his custody for a single hour.
He had no objection to attend the court if subpsnaed.
Mrs. Ityves—l am quite prepared to pay the expenses of
the gentleman's attendance.
The Judge Ordinary—Very well. You can hare a
subpama, which can be transmitted to Liverpool this even-
ing by post, and the gentleman can be in attendance on
Thursday.
Mrs. Ityves—l feel mush obliged for your kindness. I
will despatch the messenger immediately.

GURNEY V. GURNEY AND TAYLOR.
This was a petition presented by John Henry Gurney
for dissolution of his marriage with Mary Geary Gurney,
on the ground of adultery with the co. respondent Taylor.
An answer had been put in by the respondent and co-
respondent denying the adultery.

The Solicitor-General, Dr. Waddelove, and Mr. Crouch
appeared for the petitioner, and Mr. Maneaby and Dr.
Spinks appeared for Mrs. Gurney. The co-respondent
was not represented by counsel.

The Solicitor-General, in opening the case, said the
petitioner in this suit was John Henry Gurney, a gentle-
man of wealth and influence, and one of a large banking
firm carrying on business at Norwich and other places. He
was also one of the representatives of the borough of King's
Lynn in Parliament. The parties were married at All
Souls' in June, 1846. Mr. Gurney was then of the age of
26, and the lady was at the time about 16 or 17. At the
death of the lady's mother she became possessed of a large
private fortune. The country house of Mr. Gurney was
at Tatton Hall, near Norwich, and the town residence was
at Kensington Palace Gardens. The co-respondent was a
person named William Taylor, who was in the employ of
Mr. Gurney as footman, and so continued for about the
space of three years, when he was dismissed from his ser-
vice, and the elopment took place a very short time after—
viz., Tuesday, Dec. 13, 1859. The lady, previous to hoe
separation from her husband, however, wrote and left the
following letter :

"My poor Husband,—l have left you and tho poor chil-
dren, but you know my heart has long been anotherio,
and I cannot be happy with you any longer. Pray send
my luggage and small articles to 216, Marylebone-road.
My God forgive me and preserve you and the poor child-
ren.—Your poor, miserable wife,
" MARX GEARY GURNEY."
The learned counsel then went through the circumstances
of the residence of Mrs. Gurney with the co-respondent.
The lady after quitting her husband's roof wont to reside
at a house in the Marylebone• road, the apartments having
previously been engaged by Taylor. A Mr. Simpson, from
Mr. Field's private information office in Devereux-court,
in company with some of the servants, afterwards
went there for the purpose of identifying Mrs. Gurney,
in which they succeeded, when the respondent and co-
respondent left London for Folkestone on route to Paris.
He should call evidence to prove that at both places they
lived together as man and wife, and the evidence would be
such as he felt certain would enable the court to grant the
prayer of the petitioner.
The following witnesses were then examined :

Frederick Henry Bartlett—l produce a copy of the certi-
ficate of marriage of Mr. and Mrs. Gurney at All Souls'
Church in 1846. I have examined it with the original
and found it correct.

Henry Edmond Gurney—l am a partner in the firm of
Overend, Gurney, and Co. lem petitioner's first cousin.
He is a banker at Norwich. I was p'resent at his marriage.
I know the parties before the ceremony. I was in the habit
of visiting them. My wife also visited them occasionally.
They appeared after marriage to live on ♦ery good terms.
There are two children now living. Their ages are 13 or 14
and five.
Thomas Whiteley—l am in the service of the petitioner
as under butler. I entered his employ on the 30th of May,
18,59. I found William Tayor living there as footman. I
remember that in November of that year I was at 'rattan.
Hall, near Norwich. William Taylor left Mr. Gurney's
employ on the 21st of that month. Mr. and Mrs. Gurney
removed after that to their town residence in Kensington-
palace-gardens, on the 12th of December—a Monday. On
the morning following, the 13th, Mrs. Gurney was not to
be found in the house. I took the letter produced out of
the letter• box. I know the handwriting. It was Mrs.
Gurney's. I gave it to Mr. Gurney. [The letter was the
ono read by the Solicitor-General, and given above.] I
took the things to the Marylebone-road. I saw Mrs.
Gurney at the window of the house 216. I went with a
gentleman named Simpson to a hotel in Paris. I there
saw Mrs. Gurney and William Taylor. I saw them both
in a sitting room numbered 411.

Thomas Mayhew—l am groom in the service of the peti-
tioner. I have been in Mr. Gurney's service about six
years. William Taylor lived there as footman. I accom-
panied the family in a tour round the Isle of Wight in
1859. William Taylor was with us. We returned to
Tatton Hall in the November of the same year. Taylor
then left. I came up to town with the servants on the 14th
of December, and Mrs. Gurney was not at the house in
Kensington Palace-gardens. I accompanied the last wit-
ness to 216, Marylebone-road. Mrs. Gurney was asked for,
and I saw her. Mr. Simpson was with me. After Mr.
Sitntson had turned his back I asked for William Taylor.
I saw hitn. Mr. Simpson also saw Taylor.
Mrs. Johnsworthy—l reside at 216, Marylebone-road.
I let lodgings. I knew William Taylor; he is a connes-
tion of mine, but not a relative. He came to my house in
December, 1859, to engage apartments. He said ho wanted
them for a lady and himself. He engaged them. A lady
afterwards came ; it was on Tuesday, the 13th of Deoem-
ber. William Taylor said he wanted apartments for a few'
nights for a lady who was going abroad. In the evening
the lady said if some luggage came for Mrs. Gurney I was
to take it in. The luggage came. They occupied the
dining-room floor, and William Taylor had a bed on the
top floor. They occupied the same sitting room. They
took their meals together. No person visited them. I
recollect a Mr. Simpson coining to my house. They
remained at my house about a week. They left together.
I don't know where they went.
John Simpson—l am principal assistant to Mr. Field, of
Devereux-court, Strand. I recollect going to 216 Maryle-
bone-road. Messrs. Sharp and Mayhew went with me.
I saw a lady there, and also a man. Mayhew was present
when I saw both persons. On the 20th December following
I went to Folkestone. On the 22d I saw the same persona
there in the neighbourhood of the pier. I ascertained they
were staying at the Pavilion Hotel. I went there and saw
two chambermaids. I pointed the parties out to them. I
afterwards went to Paris. I saw the same lady and gentle-
man at the Hotel Louvre.

Ann Fowler—ln December, 1859, I was living at the
Pavilion Hotel, Folkestone. I recollect a lady and gentle-
man coming there. Simpson pointed them out to me on
the 20th of December. Those two persons had been living
there until Friday the 23d. They occupied the same apart-
ments and the same bed, and lived together as an and
wife.

No questions were put to the witnesses by the counsel
for Mrs. Gurney.

The Attorney-General—That is the case, my lord.
The Judge Ordinary—l think you have established your
case. You can have a rule nisi.

The Solicitor-General—l would ask your lordship to
suspend the rule until the question of the settlements are
disposed of.
The Judge—As you please.
The Solicitor-General—Then I formally ask the MIME
sion of the rule until I know what the practice of the cry
is.

The Judge Ordinary—There is no practice on tlo
The question was before me the other day, ane no doubt
you know what I said. It is most e'lbarrassing
that I should be called upon to deride a ques-
tion of settlements without any statement as to the
facts. It is like navigating, as I said before, without either
chart or compass, and I must say yor. client has not done
much to assist me. He has preseiaed a petition and a long
statement without giving me do
ti-uough the statement. It should
abstract. It would take
hours from me to go
is
of op
h r
and then I should know what
have been prteb'e wife Gone,
foen e
really,
.
the property I must also know some-
thing about the property of the father before I decide the
question. Under what section of the act do you proceed ?
The Solicitor-General—Under the 45th section of the
first act.
The Judge-Ordinary—By that I may order such settle-
ments to be made out of the property for the innocent party
end the children. That, of course, would depend upon the
property the innocent party already possessed. It is *
very diffirmilt point. It is not before the court at present.
I am not, therefore, prepared to decide anything without I
have the elements before me.
The Solicitor-General—The information shall be sup-
plied to the court.
The rtilQ yygg fiCeordiugly suspended for a short time.