The Sun.
London, England, 1861-06-24 00:00:00

~'
z^l%~

/i~~~

charged the jury in terms which implied the con-
demnation of the prisoner. In such cases the in-
fluence of the presiding judge cannot well be'over-
rated, and Lord Campbell performed his part with
a temper which, disarmed offence, with a discretion
which was seldom affault, and with a zeal which
never flagged. He filled this high office with in-
creasing reputation, and even more general accept-
ance, until Lord Palmerston succeeded to power in
1859, when the Biographer of the Lord Chancellors
was hanself appointed to the Woolsack. Many may
have expected that a Judge so long practised in the
administration of the Queen's Bench would have
felt at a loss in the House of Lords or the Court of
Chancery ; but we believe we speak the opinion not
only of the Bar, but of all his colleagues of the
Bench, when we state our belief that his judgments
will maintain their authority, and that Lord Camp-
bell lost none of the fame as Lord Cha-ncellor which
he had most justly acquired as Jord Chief Justice.
---2imes.

(From the Morning Herald.)

,We regret to have to announce the unexpected
death of Lord Campbell, at the age of eighty-two,
after a
well-spent life, in which the greatest hon-
ours that could be reaped in his profession were
lavishly betowed upon him. After having iisen
dignity gtnhie t yof
office Lo
or
fd CLhoiredf
ch
throughout the various grades of the Bar to the
a Justicense oil
slf Ern nu
thegmlab England,
taahnowdr
wit
finallythee
" Lives of the Chancellors"
illustrious dead whose memory he has perpetuated.
The close of such a life leaves, indeed, little cause
for regret beyond the immediate circle of his lord-
ship's friends and acquaintances. All that could
be hoped for he had achieved. He has died rich in
the respect of his countrymen, of all classes' and
politics, and he hae added another to the long list
of British worthies who; by their integrity and in-
dustry, have risen to the highest honours of the
State and inscribed their names in the nation's
temple of fame. There are those living who can
recollect Lord Chancellor Campbell a reporter for
the Morning Chronicle ; they have seen him selected
by the Premier, within the last two years, for the
highest post which the Sovereign can bestow. He
has died, in fact, in harness, preserving to the last
his great intellectual powers undimmed, and main-
taining to the last the old unflinching firmness and
decision of character which illustrated his earlier
career. There have been many occasions on which
we have been compelled to take opposite views, and
animadvert upon the strong political tendencies of
the late Lord Campbell. But we have never failed
to render justice to his great talents and his own
unswerving integrity. We willingly pay this last
tribute et respect to the departed nobleman.

BDINBUBGE AND GLASGOW BANK

CASE.

About two months ago a jury trial, lasting seven
days, took place at Edinburgh before the Lord
Justice Clerk, in which the Rev. David Debbie, Free
Church minister of Makerstown, Roxburghshire,
prosecuted Sir William Johnston and Mr. G. E.
Russell, directors of the late Edinburgh and Glas-
gow Bank, for repayment of £3,211, paid by him
for certain shares of the bank which he purchased
in February and March, 1858 ; the ground of action
being alleged false and fraudulent representations
on the part of the defenders in making, along with
the other directors, a report to the shareholders on
the 4th of February, 1858. The trial ended in the
jury finding that the representations were false, but
not fraudulent, and proposing that the verdict
should be returned for the pursuer. The presiding
j Age stated that the verdict must be given for the
defenders unless fraud as well as falsehood were
affirmed, but some of the jury declined to give a
verdict for the defenders. The judge then offered to
take down the terms of their findings, and leave it to
the Court legally to construe them, to which the jury
assented. While the judge was receiving the ver-
dict the court-room was quite empty, for, after
three hours' enclosure, the jury had come in and
stated that they were disagreed. By Scotch statute,
after three hours, a verdict of three-fourths (nine)
of the jury may in a civil case be taken, but the
jury were more equally divided, and the judge re-
manded them to sit for three hours more, by which
time the statute would allow them to be discharged,
if they were still unable to give a verdict. The
judge having appointed the jury to meet him at his
residence at the expiry of that period, the large
assemblage in the court-room immediately dismissed,
and his lordship was on the point of leaving the
robing-room, when he received a message from the
jury that they were likely immediately to give a
verdict. His lordship waited a short time longer,
end the proceedings above stated took place in the
absence of parties, the pursuer's counsel only coming
in at the last moment. In the circumstance the
pursuer resolved to apply to the Court for a new
trial, and his case was strengthened by an affidavit
signed by the foreman and nine others of the jury,
to the effect that they meant the verdict to be a
verdict for the pursuer, and but for their expec-
tation that the Court would so apply it they
would have gone back and altered their verdict,
or allowed discharge to take place. The judges
of the Second Division gave judgment on the mo-
tion for a new trial on Wednesday last. Lord Wood,
in a lengthened and elabgrate opinion, pointed out
that the jury had practically exhautted-the issue
in finding falsehood, but not fraud; that their at-
tempt to have the verdict entered for the pursuer
was going beyond their province, which was simply
to pronounce on the facts, and that, fraud having
been negatived, the verdict must be entered for the
defenders. As to the absence of pursuer's counsel
at the delivery of the verdict, the pursuer, he thought,
had suffered no detriment, for the jury had shown
no hesitation in negativing fraud ; and, with regard
to the affidavit, he was unable to understand how
the jury could conscientiously have given a simple
verdict for the pursuer with their opinion that fraud
was not proved, or could honestly have allowed a
discharge to take place when their minds were made
up upon the facts. Lords Cowan and Benholme
and the Lord Justice Clerk concurred, expressing
their belief that the jury had acted under the
erroneous impression that it was their duty to decide
upon the law as well as the facts of the case. The
motion for a new trial was therefore refused.

A letter from Vienna in the-Nord says :—"The
magnates and the young mon at Pesth had proposed to give
a banquet and a serenade by torchlight to Mr. Dunlop, the
Secretary to the British Legation, but the latter requested
the originators of the fete not to carry their intentions into
effect, as it might be attended with unpleasant consequences
to him."

Yv
THE CIVIL SERVICE ESTIMATES.—An estimate
was published yesterday, showing the several civil services
for which further votes on account are required for the year
ending March, 1862. For the Treasury £lO,OOO is required
in this way. For the Foreign Department, £16,000. For the
Board of Trade, £15,000. For the Printing and Stationery
Offices, the whole estimate for which is £416,218, of which
£lOO,OOO has been already voted on account, an additional
£50,000 is nw required. For criminal prosecutions in
England £20,000 is wanted out of a whole vote of
£167,000. For comity courts, £BO,OOO, in addition to
£lO,OOO already given, out of £200,320. For metropolitan
police, £35,000, out of £136,204. For the Irish constabu-
lary, £25,000 is required, in addition to £160,000 already
given, out of £696,974. For education in Great Britain
£60,000, in addition to £lOO,OOO out of £803,7M. For edu-
cation in Ireland, £70,000. We have only mentioned a few
of the items in a long list. Most of those that remain, how-
ever, are of comparative small amount. The total amount
of the money now required on account is £811,300.
THE RAPIDS OF THE SHANNON.—The opening
of the Limerick and Castle Connell Railway affords the
readiest means of reaching Galway from Limerick,d or etle
he
versa, besides the opportunity of viewing the rapt of
et the
ise
Shannon, and the ruins of Killaloe, to whichnepwla_cne
railway is to be extended. The length of
athned
pleasingly
fourteen miles, through a country forttoi ep
picturesqueness.
undulating. but without any claims . .
Castle z:.l'onnell is a little villages, deriving its name from
erected at a very early
an old castle of the royal Oo'nß
eaconical rock overhanging
period. The ruins stanrodacherlda.
by a broad gravel path,
They consist of the low
the river, and are P
lower
ab.roken walls, overgrown with
leading up from theapvilmlage
part of a tower,
tdheanremains of the •
castle in which the
ivy. These are aalln
descendants of rands renowned Brian Born once lived, and
in which his gon wa.s murdered by the Prince of
Thomond. Nothing remains of the halls in which the
Earl of Ulster once held his court, nothing of the keep in
which the Irish partisans of James 11. held out against
the Prince of Hesse, by whose orders it was destroyed
with gunpowder, large masses of masonry scattered about
attesting the force of the explosion. The Shannon is here
for more than a quarter of a mile almost a cataract, present-
ing a scene unparalleled in the United Kingdom. Inglis,
than whom there can be no more competent judge of
scenery, thus states in what its uniqueness consists :—lt
is only in the streams and rivulets of England that rapids
are found; the larger rivers generally glide smoothly on
without impediment from rocks—the Thames, Trent,
Mersey, and Severn, whenthey lose the character of streams
and become rivers, hold ,a noiseless course, but the Shan-
non, larger than all the four, here pours that immense body
of water, which above the rapids is 40 feet d€ep and 300
yards wide, through and over stones and rocks, which ex-
tend nearly half a mile, and offers not only an unusual
scene, but a spectacle approaching much nearer to the
sublime than any moderate-sized stream can offer in its
highest cascade. None of the Welsh waterfalls, nor even
the Geisbach in Switzerland, can compare for a moment in
grandeur and effect with the rapids of the Shannon. Willis
compares the scene to the rapids of the St. Lawrence, and
the most recentliterary tourist in Ireland, Dr. Rodenburgh,
was much impressed by its wild grandeur.—Sit' Cusack
Roney's "Month in Ireland.,"